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HomeMy WebLinkAbout00-01831 VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E, State Street Doylestown, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF PROVIDIAN NATIONAL BANK plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. LYNFORD K, DONIVAN Defendant NO. 00-CV-1831 ORDER AND NOW, this ,tPf day of ~ ,2000, upon consideration of the Plaintiff's Petition and upon Motion of Valerie Rosenbluth Park, Esquire, it is ORDERED and DECREED that the Defendant may be served in accordance with Pennsylvania Rules of Civil Procedure, by mailing a true and correct copy of the Complaint to the Defendant at the Defendant's last known address by both certified mail, return receipt requested, and by first class mail, postage paid. A Verification of Service shall be filed by Plaintiff's attorney showing service of the Complaint as set forth herein. BY "~,...o....-~ ~."~ -,-,~ J. EiI,...".tu;/ E. C"",,~ C7. Cop;es rn.d;b[ pf/co ~ ',"" ""~ ''- - - ,.,. ,,-',- , ,',- , __~ "', ., - ,- 't_.~,"_~_ '-, ' --'} "- ~ '" -~ ,- 1iiIl~..~i.WiI"'~~""" -- ~""",,~~p .~~. "iJljllfi~I~~liillll!\il:J:bliIiI:!.l.u: ~ ."~ .," 'H.. I:'j; " O'iJ" 'I'~ , l' i-\ Ii. _. , t.,. -' ~ . ?!-j 2; no i'U' II\i"':"'::l'~''.llJ' "<I'JI\l'r\' '-.; \ "".1... 1 .1 ~ , \,J,-" ~ .. PENNSYLVANIA , VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I,D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF PROVIDIAN NATIONAL BANK Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. LYNFORD K. DONIVAN Defendant NO. 00-CV-1831 PETITION FOR SERVICE OF PROCESS IN ACCORDANCE WITH PA RULES OF CIVIL PROCEDURE TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The petition of the Plaintiff by its attorneys, PARK LAW ASSOCIATES, P.C" respectfully represents that: ~:~~........ -,.~ . ~~........ 1, The Complaint was filed on MARCH 24, 2000. 2. The Sheriff of CUMBERLAND County made a "Not Found" return of service of the Complaint JUNE 22, 2000. A true and correct of the sheriff's return of service is attached hereto, made a part hereof and marked Exhibit "P-1". 3. The last known address of the Defendant is 116 W. HILLCREST DR. CARLISLE, PA 17013, 4. subsequent to the Plaintiff's attorneys' receipt of the Sheriff's "Not Found" return, Plaintiff's attorney made the described efforts to locate the whereabouts of the Defendant as indicated in the attached Affidavit of Investigation, 5. Despite Plaintiff's attorneys' inquiries, the Plaintiff has been unable to locate the Defendant. .._-............ ..~ ..-- ,.'" , - . '-,."" _'''~':C' "-. ,,'-,' ." ~,- -'-...._,-,,(- ." --',",-~- ,--, 6. The Plaintiff believes the Defendant is obstructing or concealing the Defendant's whereabouts. either WHEREFORE, Plaintiff prays the Court enter an Order allowing the Plaintiff to serve the Defendant in the same manner as set forth in Pennsylvania Rule of Civil Procedure No. 403 and service shall be attempted by both Certified Mail, Return Receipt Requested, and by First Class Mail, Postage Paid. Plaintiff's attorney shall file an affidavit of service showing service of the Complaint as set forth herein. PARK LAW ASSOCIATES, P.C. ~:~-......... ~.~ ..~~ ESQUIRE ,.:.~ -~..~ "-"'" ",-..",- _..<<, _,0,,_,"_""" _.,_, -,., , -~,- . ",-"-, - " - . -,'~- COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS ~:._. Valerie Rosenbluth Park, Esquire, being duly sworn according to law deposes and says that she is the attorney for the Plaintiff in the foregoing matter; that she is authorized to take this affidavit on its behalf; and that the facts contained in the foregoing Petition are true and correct to the best of her knowledge, information and belief. Valerie Rosenbluth Park, Esquire further understands that false statements made herein are subject to the penalties of 18 Pa,C.S., Section 4904, relating to unsworn falsification to authorities, ~:~-......... ...".~ ................ VALERI ROSENBLUTH PARK, ESQUIRE -.'">'-"?"""" ." ,r-p, , __"_":c--' 0.__.;-/="" " _~_'_' -'-'-: . '", " , - - ,-- ~ .- ~-, '.' 11; r CASE NO: 2000-0183~ 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHERIFF'S RETURN, - NOT FOUND .-~ I VS EXHIBIT ID:L n PROVIDIAN NATIONAL BANK DONIVAN L YNFORD K R. Thomas Kline c ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT but was DONIVAN LYNFORD K unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , DONIVAN LYNFORD K DEFT. NO LONGER RESIDES AT ADDRESS STATED,fWDG NOT KNOWN, RETURN NOT fOUND AS PER MELtSSA 6/22/00. Sheriff's Costs: Docketing Service NOT FOIJND RETUR.I\T Surcharge 18.00 3.10 5.00 10.00 .00 36.10 -~~ . . Thomas Kline' Sheriff of Cumberland County PARK LAW ASSDCIATES 06/2'2/2000 Sworn and subscribed to before me this day of A.D. Prothonotary ,!~, Ii VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF PROVIDIAN NATIONAL BANK plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. LYNFORD K, DONIVAN Defendant NO. 00-CV-1831 CERTIFICATION OF INVESTIGATION Valerie Rosenbluth Park, Esquire, being duly sworn according to law deposes and says that as counsel ,for the Plaintiff, made the following efforts to locate the within named Defendant. a) LYNFORD address A check of the local telephone directory shows that K. DONIVAN does have a telephone number listing at the of 116 W. HILLCREST DR. CARLISLE, PA 17013. b) A letter addressed to the Defendant with the notation typed thereon, "Address Correction Requested, Do Not Forward" was not returned by the Post Office. c) A letter addressed to the Office of Voter's Registration shows LYNFORD K. DONI VAN is a registered voter with an address of 116 W. HILLCREST DR. CARLISLE, PA 17013. The Office's response is attached hereto, made a part hereof and marked as Exhibit "A". d) A letter addressed to the Office of the Board of Assesment shows LYNFORD K. DONIVAN is the owner of the property at 116 W. HILLCREST DR. CARLISLE, PA 17013. The Office's response is attached hereto, made a part hereof and marked as Exhibit "B", ..:................ . ' .-. -- , --...... ~ _~",,",;-,_ ,"'0_, ,<,_=-" _ H~~ . -"."- -, ~""' ,0<_ e) A letter addressed to the Postmaster shows that mail addressed to LYNFORD K, DONIVAN at 116 W. HILLCREST DR. CARLISLE, PA 17013 is delivered. The Postmaster I s response is attached hereto, made a part hereof and marked as Exhibit "C". Valerie Rosenbluth Park, Esquire further understands that false statements made herein are subject to the penalties of 18 Pa.C.S" Section 4904, relating to unsworn falsification to authorities. PARK LAW ASSOCIATES, P. C. " BY'~. ATTORNEY FOR PLAINTIFF ESQUIRE '-" - _,_,~ .-f;~ , ~ - . - '''', ,,-- , ~". '."",- ,"." ,. ,'~-- ~-~ .....- --- ..-"-""l _.--~ .---- --:.".~ ~,-..~ P ARK LAW ASSOCIATES A PROFESSIONAL CORPORATION 25 EAST STATE STREET, SUITE 101 P,O, BOX 1779 DOYlESTOWI'J, PENNSYlVAN[A 18901 V ALERlE ROSENBLUTH PARK' ROBERT E. ANGST' TELEPHONE (21S) 348-5200 FACSIMILE (215) 348-4015 -AJ..SO MEMBER Nl BAR +ALSO MEMllER FL BAR June 23, 2000 Voters Registration Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 ~ D " EXHIBIT A RE: cLYNFOR.DK. DONIVAN. 116 W. HILLCREST DR. CARLISLE, PA 17013 OUR 'FILE NO: 5207-1 Dear Sir/Madam: I would appreciate your checking the Voters Registration in order to determine whether the above-referenced person is registered to vote in Cumberland County. I would.also appreciate your advising me of the address for which he/she is registered to vote. For your convenience, kindly note the bottom of this letter and return the same in the enclosed self-addressed stamped envelope. Very truly yours, PARK LAW ASSOCIATES, P.C. If!~/JV-- BY: MELISSA FLAK Legal Assistant Enclosure "';..... .---_'..-. ..~.... ""'l:-.....'l t A' .pi'L d";C,.L.:J #..tJ. .....lll L tJ.. ';;f ('(\";\;"1 Name of PersorlO:iJ~~~~;6~~ ~~: lS6NIVAN (cll'1 r<.e$C/vo;r 0.--, Csr\lsk PA 110\'5- Ad,d...e.S5 Current Address: I J(^ I.J ftl\~+ O/'", Q;.-),slc- l~e.AoY-re.ss Date of Registration: q'-l\- 1915 Date of Birth: 8-1;{- 1'15'-1 Prevrous Registration Address: 6\3 t:::, -brJ- fo<9o\ COW"f'i-l\\\ PA not \ 9 - \\~I '1'7'1 \ '\ (, ,-"" R';\ I~s+- O~:cJe. Gv Hsk PA \7D[3 1\- 19 7~ '7o? 3 C,;>rl:5k P:Ke. LoT '('78 G;w--\;$[,,- PA 1'1013 .;2- \<=(80 11(, v,) , i-t;\lcres*- Ori0~, C5>~I;S'''- PA IID'3 g~19B I '-'""til o-.rno,~T I~+/~ov-:P ~G, h - 30-CD ,~ -.- ---~~--~---~.--- P ARK LAW ASSOCIATES A PROFESSIONAL CORPORATION 25 EAST STATE STREET, SUITE 101 P,O, BOX 1779 DOYLESTOWN, PENNSYLVANIA 18901 VALERIE ROSENBLUTH PARK' ROBERT E. ANGST* TELEPHONE (215) 348-5200 FACSlMILE (215) 34S-4()lS * AlSO MEM1I.ER:>II BAR +ALSO MEMBER fL BAR. June 23, 2000 EXHIBIT Office of the Tax Assessor of Cumberland County Cumberland COlUlty Courthouse I Courthouse Square Carlisle, P A 17013-3387 I 13 RE: LYNFORD K. DONNAN Dear SiriMadam: I would appreciate your providing me with the identity of the owner of the real estate listed at the following address: 116 W, illLLCREST DR. CARLISLE, PA 17013 Please note the name and address of the owner below and return this letter to me in the enclosed self- addressed stamped envelope, Thank you for your cooperation, Vel)' truly yours, PARK LAW ASSOCIATES,P,C, ------By: 7J(~ MELISSA FLAK Enclosure Property Address: 116 W, HILLCREST DR. ,CARLISLE, P A 17013, Name of Owner: Address of Owner: Deed Book and Page No,: REL125D CUMBERLAND COUNTY Public 'Inquiry , . Map Number Old Ref 29-17-1585-205 LL Grantor Grantee (1) (2) Address DONIVAN, LYNFORD K. 116 W, HILLCREST DRIVE CARLISLE PA 17013 SITUS: Desc. (1) 0116 R W HILLCREST DRIVE (2) CP.~) Property Desc. (1) (2) BLDG. B PB 61 PG 130 (3) HOUSE Preferred Land Val Land Val Total Value Improvement Val 1420 1420 Mineral Val F12=Cancel F10=Sa1es Hist F2=Done ',);11, '''' ~,~ Acreage NORTH MIDDLETON TOWNSHIP CARLISLE AREA S.D. Land Use Code R 2 Consideration Sale Date Deed Bk/Pg P025U 933 Clean&Green? Sqft Bldg Area Gross Area Dimensions Year Built 312 Mobile Home Code Mobile Home Park Mobile Home Mfg. Mobile Home Unit F5=Tax Hist . _I:, P ARK LAW ASSOCIATES ,( A PROFESSIONAL CORPORATION 25 EAST STATE STREET, SUITE 101 P,O, BOX 1779 DOYLESTQWN, PENNSYLVANIA 18901 V ALERlE ROSENBLUTH PARK" ROBERT E, ANGST" TELEPHONE (215) 348-5200 FACSlMILE (215) 348-4015 . ALSO MEMBER NI BAR +AlSO MEMBER FL BAR Postmaster United States Post Office CARLISLE, PA 17013 June 23, 2000 1 " EXHIBIT C, REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER !NFOR1V!ATION NEEDED FOR SERVICKOF LEG,"L PROCESS __, '~, Please furnish the new address or the name and street address (if a boxholder) for the following: Our file #: 5207 NAME: ADDRESS: L YNFORD K. DONIV AN 116 W, HILLCREST DR, CARLISLE, PA 17013 NOTE: The name and last known address are required for change of address information, The name, if known, and post office box address are required for boxholder information. - The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii), There is no fee for providing boxholder information, The fee for providing change of address information is waived in accordance with 39 CFR 265,6(d)(I) and (2) and corresponding Administrative Support Manual 352A4a and b, L Capacity of requester: Attorney 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney): 3, The names of all known parties to the litigation: PROVIDIAN NATIONAL BA.NK VS, LYNFORD K. DONIV AN 4, The Court in which the case has been or will be heard: CUMBERLAND COURT OF COMMON PLEAS 5, The docket or other identifying number if one has been issued: 00-1831 6, The capacity in which this individual is to be served: Defendant WAR1\lIN'G THE SUBMISSION OF FALSE INFORMA.TTON TO OBTA_TN AND USE CH.....NGE OF J..DDRE$S mrORl"fAT~GN' OR BOXHO:L.,DER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR lMPRlSONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, (TITLE 18 U,S,C, SECTION 1001), I certify that the above information is true and that the address information is needed and will be used solely for service ~f legal process in connection with actual or prospective litigation. 6/ U~ e (2J _.u 25 East State Street /~: .. Val~rie Rosenbluth Park, Esquire Doylestown, PA 18901 , .~~_ ------------------------------------~-~-~~--------------------------------------------------~----------------';,..:--- ----CA.-!:;f-c-~,.. FOR POST OFFICE USE ONLY . (}~(\ . ..- .....~\ _No change of address order on file, NEW ADDRESS OR BOXHOLD!,,R' c;// "-0\ REGISTERED ADDRESS \':'. _ @ ~ ' > _Not knOVln at address given #' v/. \. <S> , ""s " ..".... ,;. _Moved, left no forwarding address. No such address ~ ~,l / , . , ,~_/. POS1MARK: . - ~ /)4 .~~'--WB:AT COUNTY IS THIS ADDRESS IN? C63 T"'--. - THIS IS AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE .USED FOR THAT PURPOSE, ,- .....-,'. . >';. ,1 ot QI.UI1Tb > > <:...\",tr, El'l ~\}~~.,;j:'~, t > <\1".1,>.0- -...... :;...?:::" O:."'~ f~;~f~i; . R, THOMAS KLINE SheriN RO NNY R, ANDERSON Chiet Deputy EDWARD L, SCHORPP Solicitor OFFICE OF THE SHERIFF PP-.TRICIA A, SHATTO . Real Estate Deputy' One Courthouse Square Carlisle, Pennsylvania 17013 To: Postmaster C., J?f,,<-'.1 4. Agency Control No, ;;2.,()~1 fl i I Date: b -'2./~ (){) Address Informatioo Request Please furnisb tbis agency witb the new address, if available, for the following individual or verify whether d1e address given below is one at which mail for this individual is cUITently being delivered, If the following address is a post office box, please Furnish the street address as recorded on the boxholder's application form, , > Name: X~ It 121f?? M/7~ Last Known Address: tic. W ,Il/br/?,,(J 1:#v I certifY the address information for this individual is required for the performance of this agency's official duties, #" (Signature of Agency Official) (Titl~j-' FOR POST OFFICE USE ONLY y~AlL IS DEI-.lVERED TO ADDRESS GIVEN () NOT I(]\IOWN AT ADDRESS GIVEN () MOVED, LEfT NO FOR W ARDrNG ADDRESS () NO SUCH ADDRESS ( ) OTHER (SPECIFY): NEW ADDRESS BOXHOLDER'S STREET ADDRESS Agency Return Address PostmarklDate Stamp Add,',ss Infonnat;on Request (Required Format) Exhibit 352A4b '" '" VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROVIDIAN NATIONAL BANK Plaintiff VS. LYNFORD K. DONIVAN Defendant NO. 00 - I?JI Ct()~(Y~ 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 personally or by an attorney and filing in writing with the Court your defenses or obj ections 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 other claims 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. 4th COURT ADMINISTRATOR Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. '"",~ ""'.._ _ .' <c_,"__'O'_,_ .' - -- - _ _"~ ,_ ~- , ,_ _"_ ~ ".,' _n , ,*" ~" , ~ VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4428024501985481 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS LYNFORD K. DONI VAN 1914 RESERVOIR DRIVE CARLISLE, PA 17013-1052 DEFENDANT /I' -, h--- NO. MJ -193/ L-l-tn-A ~ CIVIL ~CTION 1. The Plaintiff, PROVIDIAN NATIONAL BANK, is a national banking association organized and existing under and by virtue of the laws of the United States of America. Plaintiff solicits and maintains consumer credit accounts in pennsylvania and is the owner of this account, which is the subject matter of this action. 2. The Defendant, LYNFORD K, DONIVAN, is an individual who resides at 1914 RESERVOIR DRIVE, CARLISLE, PA 17013-1052. 3. The Defendant is indebted to Plaintiff on the credit account by virtue of charges or cash advances incurred by the Defendant or authorized by the Defendant on a credit card or line of credit ',. .,. . ~--'-< --,'"t~>""~'^-=_~'--';~ "",-_""":"_-;.' J, ~__""-,~,,^>\~ __".":,,,,::,,-._ n , "", ", _ ,_ ", > " ,. _ L_,O". ---, , owned by the Plaintiff bearing account number 4428024501985481. 4. The Defendant requested an account, account number 4428024501985481, which is owned by the Plaintiff, and an Account Agreement was sent to the Defendant. A copy of the Agreement is attached hereto as Exhibit ~A" and made a part hereof. 5. The Defendant has failed to pay the amount owed in accordance with the account agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $9,174.36 as of 10/06/1999, plus pre-judgment contractual interest at the rate of 16.90% per annum, less payments made. 7, In accordance with the documentation attached as Exhibit "A," plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $1,834.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $9,174.36, plus pre-judgment interest at the contractual rate of 16.90% per annum from 10/06/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,834.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. -.- - "'C,,'f'_ ~-^_ - - , "" ,<-.-.' ~- ~'- ,,_.~.,. ,~- 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 12, It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $9,174.36, plus pre-judgment interest at the contractual rate of 16.90% per annum from 10/06/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,834.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. -,-,.-,,-,. --~ -'.'- ,~,<- --, ~- -- "''',',= .,. -^ - ," <, -,~ - ,,' <~" ., .,' ., , . VERIFICATIDN . I, , SUSAN M. WRIGHT , declare that as of December 27, 1999: I am a designated agent of PROVIDIAN NATIONAL BANK, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in the State of California. Designated Agent ~n' _~ _ "__ "___._ , < .- ,-'. -,~~ ~ PROVID1AN Fil1uncial :lrc v'IC13n 'Ia;i')nai 8ar',,'\ V!SA@or lvias:erCard&l I\Jcvemoer' 1'?99 L: EXHIBIT A- Please review this document and keep It with your other 1.11portart paper,:; r>115 f'.::ccun: ;',greement Gon!ams the terms Nhlch govern your Pravldlan a lona an, or MasterCard Acco~,~t (the "Account") The Account allows you to make purchases)y using you V'SA:l jl,iaste:C:arc'~. (t:.,E': tars"; 'wer8'Jer t 's :lonoreCl ane to ]2! c2sh advances fr0m us or any other partic c'2tlng f1nanclallflstrtuhon and from j\ulomal.ed Teller Machines Convenience cnee,s nay also De c,rovlded to you as an additional way to use the Account :n ihls A.greemenl. 'you" and "your" mean each person for whom we have opened a credit card ,!\,cCJUnl 'VIe," "ou ' "Jurs " anc ":J$" ,11€2n Provldlan ~,iallonal Bank iX It;; assignees as listed on your billing slatement The Account may be used only for personal, 'family, household, and charltaole :Jurposes, and not for any ':ius:ness or :::ommerclal purpose. Any use of thiS Accounl shall cons mute acceptance of the terms of thiS Agreement. If the Account was opened as a JOInt account, we may act on the Instructions of either jOin 1 accounthoider You and we agree as foilows Payments. You will receive a monthly statement shOWing your outstanding balance Payment on thiS il.ccoun! IS reqUired In U S. dollars (checks must be payable at a U,S office of lhe bank the check is drawn on) for at least the payment due as shown on your statement by the payment due dale In accordance With payment instructions on your monthly statement. The back of your statements shows the rules we follow when we post paymenls, Gonverllence checks and other checks we Issue to you may not be used to make payments on your Account or 10 make payments on any other account you have with us or our affiliates. T"e payment due Will be 2% of the new balance shown on your statement plus the amount of any past due payment, and may Include the amount by which the new balance exceeds your credit line However, the payment due will not be less than S15 (unless your new balance IS less than S15, In which case the payment due will be the amount of the new balance), If your Account is past due or above the credit Irne, we may require a higher minimum Dayment, but we Will notify you before dOing so If your payment IS more than the payment due, it will be treated as a single payment 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 restnctions, without losing our right to collect ail amounts OWing under thiS Agreement If you have made special payment arrangements with either First Union or Providian, you need to continue making the agreed upon payments Finance Charges: Except as described in the Grace Period for Purchase Balance section of this Agreement, finance charges begin to accrue on a debit when rt is included in one of your daily balances and contInue until that balance is reduced by a payment or credit. Your Account has the following balances: The Purchase Balance, whICh consists of your eXIsting Purchase Balance and new purchases you make with your Card and fees for certain optional seNlces; one or more Custom Cash Advance Balances, which consists of balances that you transfer to your Account using balance transfer checks and balances that we transfer for you; and ~he G?sh .Advance Balance which consists of all other cash advances and cash advance trans.acllon fees, A~y payment amount we receive that exceeds the finance charges and fees then due Will ordlnanly 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 as of the dale 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 other lenders ta 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 follaws: cash advances from other financial ,Institutions and through Automated Tellers, as of the date made; cash advance checks made payable t.o yau that are Identified as cashIer's checks and mailed to yau at your request, as of seven days after the date we print an the ch~k; all other checks, as of the date presented to us, Other debits are included In your Purchase, Custom Gash Advance, .or Cash AdoJance Balance as of the date posted. Finarice 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 no grace period for custom cash advances or other cash advances. To figure the daily finance charge for each type of Balance, we start with your previous day's Balance, ~dd aU debits and subtract all 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 determine the total finance charges on balances for the billing cycle by addIng together the finance charges for each type of Balance for each day within the billing cycle. In calculating finance charges, an adiustmenl will be made for any transaction or payment that would have affected the finance charge calculation 10 a prior billing cyde had it been posted In that cycle, The applicable daily periodiC rate for such a transa~tion will be the rate in effect for the current billing cycle rather than the rate In effect on the date .of the transaction. Your statement includes an average daily balance for each type of Balance. You can multiply each average daily balance thai is not zero by the number of days in the billing cycle and the penodic rate to obtain sublotals, and then add the subtotals together to determine your total finance charges on balances for the billing cycle The term .Prime Rate' as used in the Agreement means the highest prime rate published in the Wall Street Jaurnal an the first business day of the previous calendar month. Any increase or decrease in the Annual Percentage Rate will take effect on the first day of your billing cycle and may result in a slight increase or decrease in the amaunt of your mlmmum payment. The ANNUAL PERCENTAGE RATE (APR) for purchases will vary and may be adjusted each billing cycle up to 8.4% above Prime Rate, but will in no event be less than 16.9%. Using this formula, the APR far purchases in the Novemcer 1999 billing cycle is 16.9%, corresponding to a daily periodic rate of 0.04630%. The ANNUAL PERCENTAGE RATE for cash advances is 21.9%, corresponding to a daily periodic rate of 0,06000%. If your payment is received late twice in any 12-month period, or if you significantly increase your total unsecured debt (as explained in the CREDIT REVIEW paragraph below), the APR for purchases may increase, but will not exceed 2rt.9%, corresponding ta a daily periodic rate of 0.06000%; and the APR for cash advances and custam cash advances may increase, but will not exceed 23.9%, corresponding to a daily penodic rate of 0.06548%. Your Account may be eligible for lower 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 lower APR,. CREDIT REVIEW: SPECIAL REQUIREMENT. You agree not to significantly increase your total unsecured debt. Your APR can increase (as explained above) based on a significant increase in unsecured debt, if your total unsecured debt and your total unsecured debl WIth other lenders each increases by more than $5,000 and your annual household income is less than four limes your total unsecured debt. . Grace Period for Purchase Balance. 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 begin to incur a finance charge until the start of the next billing cycle. You will pay no 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 posted in any other billing cycle incur a finance charge, and there is no period in which such purchases may be repaid without incurring a finance charge. Fees. We will charg; your Account $0 for: each Card you ask us to replace; each returned payment; each check you write on your Account that we return 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 your credit line (overlimit fee), even if your Account is closed. If you request copies .of billing statements thai 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), which is a FINANCE CHARGE, may be charged for each cash advance transaction made on your Account. pefault Y~u will be in default: if any information yo~ provided us prov~ to.be incomplete o~ untrue; ify.ou do not comply with any part of this Agreement; upon your death, bankruptcy, or Insolvency; If you do not pay other debts when due; If a bankruptcy petJtlon IS filed by or against you; or If we believe in good faith Ihat you may not payor perform your obligations under this Agreement. If you are in default we may, without further demand or notice, cancel your credit privileges, declare yaur Account balance immediately due and payable, and use any remedy we may have. In the .event of your default, the outstanding balance on yaur Account shall cantinue 10 accrue interest at the APR(s) disclosed in the Finance Charges section of this Agreement, even if we have filed SUIt to collect the amount you owe. Credit Line. Your credit line is specified from time to time in a separate notice. Your monthly statements show your credit line and the amount of your available credit. We may increase or decrease your credit line based on information we obta.ined from you .or your credit records. Your available credit is normally the difference between your credit line and your Account balance (including transactions made or authorized but not yet 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 al! amounts bo~rowet:l whe~ you or so~eone else use your Account (even if the amount charged exceeds yaur permission), all other transactions and charges to your Account, 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 yaur reasonable attorney's fees and court costs.) C~anges. After we provide you any notice requ~red ~ law, we lTIay cha.nge any part of this Agreement an~ add or remove requirements. If a change is made to the Finance Charges section of thiS Agreement, the new finance charge calculatIon WIll apply to your enbre Account balance from the effectNe date of the-change_' Changes wili apply to balances Ihat include items. oostedJo_~_. Account before the date of the chance, and will apply whether or not you continue to use the Account. Foreign Exchange/Currency ~onversion. If you use 'your Card far transactions in a curr~ncy other than U:S. dollars, the transactions will be converted to U ,So dollars, generally using either a (i 9l?"ernment-mandated rate or (II) wholesale market rate In effect t~e day before the transaction. IS processed, Increased by three percent {3%). If a credit is subsequently given for a transaction, it Will be decreased by the same percentage. The currency conversion rate used on the conversion date may differ from the rate in effect on the date you used your Card. You agree to accept the converted amount in U.S. dollars. The Card; C.ancellation. You may cancel your credit privileges at any time by ~otifying us in writin~ and destroying the Card(s). Upon the Card expiration at the end .of the month shown on it, we reselVe the nght not to renew the Card. We may can~ellhe Card and your credit prIVileges at.any lime after 30 days notice to you, or without notIce If permitted by law. If your Card is cancelled .or not r~newed, financ.e cha.rges and other fees Will continue to be assessed, payments WIll contln~e to be due, and all other applicable provisions of this Agreement will remain in effect. If you terminate your credit prlv!leges, or If we cancel or do not renew the Card, you may no longer wnte checks on your Account, and you should destroy any unused checks we have issued to yau. (Continuod on reverse) (5846'{)698) 4428024501985481 1532 Z5tol 462 ~~". ~ . ,"" , - - ."..".,.,.,....". "~ -,~ Personal Information; Documents. You will proVide us at least 10 days notice if you change your name, home or mailing address telephone numbers, employment or income. Upon cUi .... request, you WIll provide us addItional financlalloformallon. We reserve the, right to obtain informallon from others. Including credit reporting agencIes, and to provIde your address and Information about your Account to others. We mav also share Informahon WIth our affiliates. However vall mav write to us at anv lime InstructinG us nolto share credillnformalion With our affiliates If you do not fulfill your obligations under this Agreement, a negative credit report that may reflect on your credit may be submitted to the credIt reporting agencies Customer Service; Unauthorized U~e. Loss, or Theft qf Checks or the Card. Each Card must be signed on receipt You are responsible for safeguarding the Card, your Personalldenliflcahon Number ("PIN", which provIdes acces:; to Automated Teller Machines) and any checks issued \0 you fKlm theft, and keeping your Plf'l separate from your Card_ If you discover or suspect that your Card, PIN, or any unused checks are lost or stolen, or that there may be an unauthon€eQ.,tr81~~\IC'f1 oll your Account you will or'Jmplly notify us by calling 1.800.933.7221 So we can Immediately act to lImit losses antJ liabljJty, you Will phone us even though you may also notify us In writing Your liability for unauthorized use occurring before you notify us IS limited to SSG If you report or we suspect unauthonzed use of your Account, wemay suspend your credit privileges until we resolve the problem to our satisfaction or Issue you a new Card If your Card IS lost or stolen, you Will promptly"des.troy all checks in your posseSSion. To Improve customer service and secunty, you agree thaI your calls may be mOnitored or recorded Merchant Relations. We will not be liable if any person.or Automated Teller Machme refuses 10 honor the Card or accept your checks, or falls to return the Card to you, V'le_ have no responsibility for goods and services purchased With the Card or checks except as required by law. (~ee Special Rule below.) Certain benefits thaI are avadable With the Account are proVided by t/'urd-party vendors_ We are not responsible for the quality, availability, or results of any of the services you choose to use Stop Payment Orders. If you wish to stop payment on a check, you may send us a stop payment order by wrihng to us at our address for customer service listed on your statement. 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 and specific Information aboulthe check' the exact amount" the date on the check, the name 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 writmg. We mav disreaard your Ofal order If we do not receive a sianed wntten confirmation Within two weeks after the oral order. or If we have not received an ad€'1uate descripl10n of the item so that payment can be stopped. The order WIll not be effective if the check was paid by us before we had a reasonable opportunrty to act on the Order, We may, WIthout liability, dIsregard a written stop payment order SIX months after receipt unless It is renewed in writmg. Standard of Care, Because this AccQunt 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, transacllons in your Account will be processed mechanically Without our necessarily reviewIng every item, Our processing system will call our attention to certain items whiCh we Will examine. We will examine aU transactions when you report that your Card or checks have been lost or stolen. We do not intend ordinarily to examine aU items, and we will not be f1egligent 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 cancelled checks nor Card transaction slips will be returned to you with the monthly statement, you should be careful 10 enter all checks In your check register or othelWise keep a rec:ord of them. You should also save your credit card cash advance and purchase slips. You aares to check vour monthlY statements aaainst vour record and to notify us immediatelv of anv unauthorized transactions or errors. Waiver of Certain Rights. We may _delay or waive enforcement of any provision of this Agreement without losing our right te 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 agamst anyone before we file SUit against you. Applicable Law; Severability; Assignment No matter where you live, this Agreement and/our Account are governed by federal law and by New Hampshire law. This Agreement is a final expression of the agreement between you and us and may not be contradicted by eVidence 0 any alle!1ed oral agreement. If any proVISion of this Agreement is held to be invalid or unenforceable, you and we will consider that provislof1 modified to conform to applicable law, and the rest of the proviSIons in the Agr.eement will sill! be enforceable. At a~y time after we determine In good faith that any proposed or enacted legislation, regulatory action, or judicial decision has rendered or may render any matenal prOVIsions of thiS Agreement invaliq or unenforceable, or impose 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, or without notice if permitted by law, cancel the Card and your Credit privil~es. We may 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 prolectthe purchaser or assignee, we may give you such notice by filing a financing statement with the state's Secretary of State. Notices. Other notices to you shall be effective when deposited in the mail addressed to you at the address shown on our records, unless a longer notice period is specified in this Agreement or by law, which period shall start upon rnailing. Notice to us shall be mailed 10 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 rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors orQu~tion$ About Your-BilI. 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 the address fisted in the Bilfing Rights Summary on your bill. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first birr on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following 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, describe the item you are not sure about. Your Rights and Our Responsibilities After We Receive Your Written Notice. We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we 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 continue to bill you for the amount YOll question, including 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 still obliQated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you Will have to make up the mis~ed payments on 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 report you as delinquent. However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you qu~tlon 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 mailer has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $SO of the queslloned amount, even if your bill was correct. Special Rule for Credit Card PurchflSes. If you have a problem with the quality of the property or services that you purchased with our credit card and you have tried in good faith to correct the problem wllh th~ mercha~t, you may l'Iot have .to pay the ~emaining amount due .~n the goods or services. There are two limitations on this right: (a) you mUst haye. m~de the purchase in your home state, or If not WithIn your home state, Within 100 miles of your current maIling address; and (b) the purchase price must have been more than $50. These IImltal10ns do not apply if we own or operate the merchant, Of if we mailed you the achlertis.ement for the property or seNices. t, "" - C')" -"'c-,:' '.' -,~~ - ., I Ii 1-, . ~"" _e__,_' ~ _, ~", I~~=^ Joo.".. ,', FEB 2 8 2000 ?0 ~ .~ .Ul ~ ~Rv-rO~ .() \U C' 9 C) ~ () ~a\ 1J~ (t:f. ~"t. . i' ':""":' : : z~' "0: ~. At, ~~~i ~~j ~; -I~ ;0: e, il'i C) c: <- -o~ 529 ^7(" ~d.; rei ~ ~.c-) L.....-. ~""_.I c: z :< o o :x ;;:~ ::0 N .,,- o -n :;j t4~ .:0 /-' ct) TJm >JV :~~6 1_ P=:B V) C:~C) (srn --I 1) -< -0 :3l: ~ en I ~., . . ./ ). ~~ if' : s:~:J : :r> . . -ab~ bs ~" :- ~ll: .~ ~~ ~..1 ~~:'.~ o. -I: & :>: ~j I 111~_lP.~*,,~~mIlJli, ~~~~~'''~~iim'!~lw.i.~i!W;''l'"~''1'-ilfflFf~IlJ(WI~I~II!!'~~~iJiiI!lilfl!!!l~lIll~flll SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-01831 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS DONIVAN LYNFORD K R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT DONIVAN LYNFORD K but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , DONIVAN LYNFORD K DEFT. NO LONGER RESIDES AT ADDRESS STATED RETURN NOT FOUND AS PER ATTY 3/28/00. Sheriff's Costs: Docketing Not Found Return Affidavit Surcharge 18.00 5.00 .00 10.00 .00 33.00 .~ .r Thomas Kl ine Sheriff of Cumberland County PARK LAW ASSOCIATES 03/29/2000 Sworn and subscribed to before me this -tc-- /0- day of fip':; c2wD A.D. ~tSy ~ irrl,- ""'-" -" . . I HEREBY CERTiFY THAT THE WITHIN IS A TRUE AND CORRECT COPY OF THE ORIGI;~AL ON FILE. ~ VALE-'''~ '-":"E"IBI LJTH PARK ,~jilt;:n'-,J',~-,!' _" j" ATTOq~~l~?( ~:::Jq ;::n :1.":\"':~n::::.::,'~~"._ _. ._... j I VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROVIDIAN NATIONAL BANK Plaintiff VS. LYNFORD K. DONIVAN Defendant NO. 00- /J>2( c-lo~CL~ 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 personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for other claims 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. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 TRlH:-COPV FROM RECORD II! Tl1iJmrlOny whereof, I here unto Sit my hand and too 54/a1 of saidC~rt ala.. lisle, Pa. T~day~__ ~~ '-- __ ~ ~ /)A~ __ othonotary THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. .""",,~~. - - ~ -- ~~-~~; ~ VALERIE ROSENBLUTH PARK ATTORNEY I.D, # 72094 PARK LAW ASSOCIATES, P,C. 25 EAST STATE STREET, P.O, BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4428024501985481 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS LYNFORD K. DONI VAN 1914 RESERVOIR DRIVE CARLISLE, PA 17013-1052 DEFENDANT NO. CIVIL tl.CTION 1, The Plaintiff, PROVIDIAN NATIONAL BANK, is a national banking association organized and existing under and by virtue of the laws of the United States of America. Plaintiff solicits and maintains consumer credit accounts in Pennsylvania and is the owner of this account, which is the subject matter of this action. 2. The Defendant, LYNFORD K. DONI VAN , is an individual who resides at 1914 RESERVOIR DRIVE, CARLISLE, PA 17013-1052, 3. The Defendant is indebted to Plaintiff on the credit account by virtue of charges or cash advances incurred by the Defendant or authorized by the Defendant on a credit card or line of credit ~ , ~ owned by the Plaintiff bearing account number 4428024501985481. 4. The Defendant requested an account, account number 4428024501985481, which is owned by the Plaintiff, and an Account Agreement was sent to the Defendant. A copy of the Agreement is attached hereto as Exhibit "AU and made a part hereof. 5. The Defendant has failed to pay the amount owed in accordance with the account agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $9,174.36 as of 10/06/1999, plus pre-judgment contractual interest at the rate of 16.90% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $1,834.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $9,174.36, plus pre-judgment interest at the contractual rate of 16.90% per annum from 10/06/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,834.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full, 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. '!- ,.-~ . 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 12. It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $9,174.36, plus pre-judgment interest at the contractual rate of 16.90% per annum from 10/06/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,834.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. o. 00 ~ , VERIFICATION I, . SUSAN M, WRIGHT , declare that as of December 27, 1999: I am a designated agent of PROVIDIAN NATIONAL BANK, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand tpat false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in the State of California. Designated Agent f",_" _, -.. --~.~I- ~ PROVIDJAN Financial ProvrCt3n ~latl0r1al Bank VISA,@ 01 MaslerCar~ i'Jovemoer 1 1999 i " PLAINTIfF'S EXHIBIT A- Pleas~ review this document and keep It wIth your other Important p2pers This Account Agreemenl contams Ihe terms which gov~rn your PrOVldJJI1 lona , ,or MasterCard AccoL'nl (the "Accoun!") The Account allows you to make purchases oy L:sln~ your VISA, or I"iast~ara card Ilhe "Cartj"j 'Nner~'/er It IS honored and to get cash advances from us or any other partlclDatrng flnanClalli"1stltullon and from ,l\ulomaled Teller Machmes Cor1'l€"<rence ::hecks may als0 be crovlded to 'Iou as an additional 'Hay to use the .A.ccount In thiS Agreement "you" and "'lour' mean each person for whom we have opened a credIt cara AccGunr "~fie,' "OUI," "ours" and "JS" mecn PrOVIGlan ~,Iatlonal 8ank or !{~ aSSignees as listed on your billing statement The ,lccount may ':)e used Only for personal, family. household, and charitable purpos2s, and nol for any bUSiness or commerCial purpose Ary use of thiS Account shall cons:l!ule acceptance of the terms of ~hls Agreement. If the Accounrwas opened as a JOint account, we may act on the Instrucflons of either jOint accounlholder You and we agree as farrows Payments. You will receive a monthly statement shOWing your Qutslandlng balance Payment en 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) for at least the payment due as shown on your statement by the paymenl due dale :n accordance 'Ntth payment Inslructlons on your monthly stalement. The back of your statements shows the rules we follow when we post payments, Convenience checks and other cl1ecks we Issue to you may not qe used 10 make ,payments on your Account or to make payments on any other account you have with us or our affiliates The paymenl due Will be, 2% of the new balance shown on your stalement' plus lhe amount of any past due p8,yment. and may Inciude the amoullt by WhICh the new balance exceeds your credilllne. HowENet, the payment due Will not be less than 515 (unless your new balance IS less than 515, In which case the paymenl due Will be the amount of the new balance). If your Account is past due or aoave Ihe credit line, we may reqUIre a higher minimum payment, but 'NeWill notify you before dOing so If your payment IS more than th,e payment due, It will be lreated as a Single payment and none of It Will be applied to future payments due We may accept lale or partial payments, or payments marked "paid In full" or marked WIth other restrictIons, WIthout losmg our nghl to coJJeet aJ) amounts owmg ~nder thIS Agreement If you have made special payment arrangements with etther First Umon or Providian, you need to continue makmg Ihe agreed upon payments Finance Charges. Except as described in lhe Grace Period for Purchase Balance section of thiS Agr~menl, ffinance,charges begin to accllJe?n a deb!t when it is inclu.ded in one 01 your dally balan<:es and continue unl1lthal balance is reduced by a paymenl or credIt. Your Account has the follOWing balances: The Purchase Balance, which consists of your exIsting Purchase Balance and new purchases you make wilh your Card and fees for certain opflonal sefVfces: one or more Custom Cash AdJance Balances, which consISts of balances that you transfer to your Account using balance transfer checks and balances that we transfer for you; and t.he Cash _Advance Balance which consists of all other cash advances and cash advance tran:s.action fees. Any payment amount we receive that exceeds the ffinance charges and fees then due will ordinarily be applied first to the Balance WIth the lowest Annual Percentage Rate (APR), unl1l that Balance 15 zero, and then to the Balance with the next lowest APR, until that Balance is Zero, and then to any remair1lng Balance_ We reseNe the fight to apply payments differently wilhout further nollce The Purchase, Custom Cash Advance, and Cash Advance Balances are reduced by payments as of Ihe date received, and by cr~fs as or the date posted. Purchases are included in y01.lr Purchase Balance as of t~e date made. Custom cash advances are included in your Cus,tom Cash Advance Balance as follows: fun?s electronically transmitted to otrer lenders to tran~fer 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 follows: cash advances from ()ther financial instlttiltions and through Automated Tellers, as of the dale made; cash advance checks made payable too you that are identified as cashier's checks! and mailed to you at your request, as of seven days after the date we. print on the ch~k; all other checks, as of the date presented to us. Other debits are included in your Purchase, Custom qash Advance, or Cash Advaflce Balance as of tne date posted. Finance charges are added to your Purchase, Custom Cash Advance, and Cash Advance Balances each day and are then posted on the last day of the billing cycle. There is no grace period for custom cash advances or other cash advances. To ffigure the daily flnanc~ charge for each type of Balance, we start with your previous day's Balance"add all debits and subtract ~n credits for the current day and m~ltiply the net amount by the applicable daily periodic Ii3te (see following paragraphs). The finance cl1arge for each type of Balance is then added to and includ~ in that day's Balance. We treat a Icredit balance for any day as zero. We determine the tptal finance charges on balances for the bIlling cycle by adding together the finance charges for each type of Balance for each day within the~ill1ng cycle. In calculating financ:e charges, an adiu~tment will be made for any transaction or payment that would have affected the finance charge calculapon in a prior billing cycle had it been posted in that cycle. The applicable daily periodic rate for such a transaction will be tpe rate in effect for Ihe current billing cycle rather than the rate in effect on the date of the transaction. Your statement includes an average daily ~lance for each type of Balance. You can multiply each average daily balance that is not zero by the number of days in the:'billing cycle and the periodic rate 10 obtain subtotals, a,nd then add the subtotals togelher to determine your totar finance charges on balances for the biffing cycle. The term "Prime Rate" as used in the Agreement means the highest prime rate published in the Wail Street Journal on the first business day of the previous calendar month. Any increase or decrease in the Annual Percentage Rate will take effect on the ffirst day of your billing cycle and may result in a slight increase or decrease in the amount of your minimum payment The ANNUAL PERCeNTAGE RATE {APR} for purchases will vary and may be adjusted each billing cycle up to 8.4% above Prime Rate, but will in no event be less than 16_9%. USing this formLlla, the APR for purchases in the November 1999 billing cycle is 16.9%, corresponding to a daily periodic rate of 0.04630%. The ANNUAL PERCENTAGE RATE for cash advances is 2109%, corresponding to a daily periodic rate of 0006000'/'0 If yOllr payment is received lale twice in any 12.monlh period, or if you signifficantly increase your total unsecured debt (as explained in the CREDIT REVIEW paragraph below), the APRfor purchases may increasei' bul will not exceed 21.9%, corresponding to a daily periodic rate of 0.06000%; and the APR for cash advances and custom cash advances may increase, but will not exceE:d 23.9%, corresponding to a daily periodic rate of 0.06548%. Your Account may be eligible for lower APR::; 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 lower APR~. . CREDIT REVIEW: SPECIAL REQUIREMENT. You agree nollo significant~ increase your total unsecured debt. Your APR can, increase (as explained above} based on a significant increase in unsecured debt, if your tolal unsecured debt and your total unsecured debt WIth other lenders each increases by more than SS,ooo and your annual household income is less than four times your total unsecured debt. .. . Grace Period for Purchase Balance. New purchases posted to your Account in billing cycles with no previous .balance, or wh~n the previous balance was fully paid:d!Jring the cycle, do not begin 10' incur a iVTance charge:untri the start of the next billing cycle. You will pay nO' linance charge on such new purchases if you pay' the tolai new balance in fuil by the 8atment due date shown on your statement. New pu'rchases posted in any other billing cycle incur a finance charge, and there is no period in which such purChases may be repaid without Incum~9 a finance charge. Fees. We will charg; your Account $0 for: each Card you ask us to replece; each returned payment; each check you write en YOllr Account that we return unpaid; eath slop 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 your credit line (overllmil fee), even if YOU! Accoont is closed. :1f you request Copfes of bH~ng 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 lee of 3% (minimum $5), which is a FINANCe CHARGE, may be charged for each cash advance transaction made on your Account. pefault You will be in default: if any information you provided us proves 10 be incomplete or untrue; if you do not comply with any part of this Agreement; upon your geath, bankruptcy, or Insolvency; if you do not, pay other debts when due; if a bankruptcy petition is ffiled by or against you; or if we believe in good faith, that you may not payor perform your,obligatipns under this A9f6i?menl. If you are in ,defauJt we may, wi/hoot further demand or nolice, cancel your credit privileges, declare your Account balance immediately due and payable, and use any remedy we may 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 section of this Agreement, even if we have filed suit to collect lhe amount you owe. Credit Line. Your credit line is specified from time to time in a separate notice. Your monthly statements show your credit line ar:Jd the amount of your available credit We may increase or ~ec~s:se your cre:Jit HnE!!based on inf?rma,lion we obtained from you or your credit records. Your available cred!1 i~ normally _the differe.nce ~elween your credit line a~d your Account balanc~ (Including transacl10ns made or authonzed:but not yet posted). If you send us a large payment check, we may limit .your available credit while we confirm that the ch~k WIll clear. For certam 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 av~ilable credit. Profllise to Pay. You promise to pay us when due all amounts borrowed when you or someone else use your Account (even if-the amount charged exceeds your permission), all other transactions and charges to your Account, and colleclion costs we Incur including, but not limIted to, reasonable attorney's fees and court costs. (If you Win the SUIt, we will pay your reasonable allorMy's fees and court costs.) C~aflges. After we provide you any notice required by law, we lTIay change any part of this Agreement and add or remove requirements. If a change is made to the :Finance Charges section of thIS Agreement, the new finance charge calculation win apply to your entire Account bala'nce from the effective date of the change. Changes will apply to balances thai include items- oosled-fo-m ACCOunt before the date'of the chance, and will apply whether or nol you continue to use the Account. Foreign Exchange/Currency Conversion. If you use your Card for transactions in a currency other than U.S. dollars, the transactions will be converted to U.S. dollars, generally using either a ( g~ernment-mandated rate or (ii) wholesale market rate in effectt~e day before the transaction is processed, increased by three percent (3%). If a credit is subsequently given for a transaction, it Will be decreased by the same percentage. The currency conversion rate used on lhe conversion date may differ from the rate in effect on the date you used your Card. You agree to accept the converted amount in U.S. dollars. The Card; Cancellation. You may cance~ your credit privileges at any time by noli~ing us in writing and destroying the Card(s). Upon the Card expiralion at the end of the month shown on it, we reserve the right not to renew the Card. We may cancellhe Card and your credit pnvlleges at ,any time after 30 days notice to you, or without nohce if permitted by law. If your Card IS cancelled or not renewed, nnance charges and other fees Will continue to be assessed, payments Will contmue to be due, and all other applicable provisions of this Agreement will remain in effect. If you terminate your credit privileges, or if we cancel or do not renew the Card, you may no longer write checks on your Account, and you should destroy any unused checks we have issued to you. (Continued on reverse) (5846.0698) ~~J: ,_? _T~ '"._~ .-,-.-,~ , 4428024501985481 1532 Z5tl[ 0462 ",I" "._~ Personal Information; Documents. Vou w!11 provide us alleast 10 days nolice If you change your name, home or maIling accress telephone numbers, employment or Income, Upon our reqvesl, you will proVllje us additional finanClaJ mloJmatjon We reserve the_ right to obtain mformallon from others Includmg cro/.1l! reporting agencies, and to provIde your address and Information about your Account to others We mav also share Informalion wIth our affihales However 'IOU mav wnt~ to us at anv tIme Instructln/] us not to snare credit Informatton wIth our affihates If you co not fulfill your obligallons under this Agreement. a negative credrt report thai may reflect on your credll may be submitted to the credIt reoortlng agencies Custolller Service_; Unauthorized Use, Loss, or Theft Qf Checks or the Card. Each Card must b; signed o~ receIpt You are responsible for safeguarding the Card, your Personalldenllflcallon Number ("PIN", which proVides access to Automated TeUer Machines) and any checks ISSUed to you (r:Dri'lIi'lefr and keeping your PII'I separate from your Card_ If you discover or suspecllhal your Card, PIt'..J, or any unused checks are lost or stolen. or that there may be an unaulhor.reo'lransac\Jon on your Account j0U Will cr'1rnplly nott~J us by calling 1.800.933.7221 So we can Immedli3tely act to llmlllosses and liability, you will phone.-LJs even though you may also noh~/ us In wnllng Your Iiablli~! for unaulhcnze? 'Jse occurnng before you notify us IS limited 10 S50 If you report Or we suspect unauthOrized UStt of your Accounl, we may suspend your credll priVileges until we resolve the problem te our SaHSjactlon or I$sue you a new Card If your Card IS lost cr stolen, -you WIll promptly destroy all checks In your possession To Improve customer service and secunty, you agree thai your calls may be monitored or recordea Merchant Relations. We ~ill not be liable if any person _or Automated T eUer MachIne refuses to honor the Card or accept your checks or fads to retlJrn the Card to you V:'e_l1ave no responsibility for goods and services purchased wIth lhe Card or checks excepl as required by law_ (See Special Rule below_) Certain benefits that are available Wllh the Accounl are prOVided by lhlrd-party vendor;;, We are nol responsible for the quality, availability, or results of any of the services you choose to use Stop Payment Orders. If you wish to slop payment on a check, you may send us a stop paymenl order by writing to us at our addr~ss far cuslomer service listed on your sta_temenl. You can make a stop payment order orally by callIng the number listed on your statement When you make a slop payment order, you must prOVide your Account number and speCIfic mformallOn aboullhe check the exact amount, the date on the check, the name of the party to whom II was payable, the name of the person wno Signed It. and the check number. You WTII be asked 10 confirm an oral stop payment order in writing. We mav disreaard vour oral order If we do not receive a sloned wnlten confirmallon Within two weeks after ihe oral order, or If we have not received an adequate c:escnptlon of the Ilem so Ihal payment can be stopped. The order Will not be effective If the check_ was paid by us before wr,: had a reasonaote opportunity to act on the order We may, Without liability, disregard a written stop payment order SIX months after receipt unless IllS renewed In writing. Standard of Care. Because this Account involves both credil 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, transacltons In your Account Will be processed mechanically without our necessanly reviewmg every item. Our processing system wdl call our allention 10 certam iterns 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 ordinanly 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 cancelled checks nor Card transaction slips will be returned to you WIth the monthly statement, you should be careful to enter aU checks in your check register or othelWise keep a record of them, You should also save your credit card cash advance and purchase slips. You aaree 10 check vour monthlv statemenls aaainst vour record and 10 nolrfv us immediatelY of anv unauthorized transactions or errors Waive.- of Certain Rights. We may delay or waive enforcement of any provision of this Agreement withoL:t losing our right te enforce it or any other provision later. You waive: the right to presentment, demand, protest, or notice of dishonor; any, appIicabfe statute of ijmltations; and any right you may have to requIre us to proceed agamst anyone before we file suit against you. Applicable Law; Severability; Assignment No matterWnere you live, this Agreement and your Account are governed by fec:erallaw and by New Hampshire law. This Agreement is a final expressIon of the agreement between you and us and may not be conlradicted by eVIdence of any alleged a:ral agreement. If any prOVISion of this Agreement _is held to be invalid _or unenforceable, you and we will consider that proviSIon modified to conform to applicable taw, and the rest of the provisions In the Agreement will slill be enforceable. At ar)y lime after we detem'llne in good faith that any proposed or enacted legislation. regulatory action, or judiCIal decIsion has rendered or may render any matenal prOVIsions of thIS Agreement invaliq or unenforceable, or impose 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, or without notice if permitted by law, cancel the Card and your Credit privileges. We may transfer or assign our nght to all or some of your payments. If stale taw requires lhat 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 notices to you shall be effective when deposited in the mail addressed to you at the address shown on our records. unless a longer notice period is specified in this Agreement or by law, which period shall start upon mailing. Notice to us shall be mailed to our address for customer seNice 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 CQ'ntains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your.sm. 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 the address listed in the Billing Rights Summary on your bill. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone u:s, but doing so will not preserve your rights. In your leller, give us the following information: - Vour name and Account number. - The dollar amount of the susPe<:ted error. - Describe the error and explain, if you can why you believe there is an error. If you need more information, describe the item you are not sure about. Your Rights and Our ResponsIbilities After We Receive Your Written Notice. We must acknowledge your letter wilhin 30 days, unless we have corrected the error by then. Within 90 days, we mUst either Correct the error or explain why we 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 continlJe to bill you for the amount you question, including finance charges, 'and we can apply any unpaid amount against your credit line. Vou do not have to pay any questioned amount while we are IIwestlgating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up the missed payments on the questioned amount. In either case, we will send you a statement or the amount you owe and lhe date that it is due. If you fail to pay the amount we think you owe, we may report you as delinquent. However, if-our explanation does not satisfy you and you write to us within 10 days lelllng us that you still refuse to pay, we must tell anyone we report you to thaI you quesllon your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to lhalthe matter has been settled between us whEen it finally IS. lfwe don't follow these rules, we can't colleclthe firsl $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card PlJfchases. Jf you have a prob_lem with the quality or Ihe property or smices thaI you pUfchased with our credit card and you have lried in good fajth 10 correct the problem With the merchant, you may not have 10 pay the remaining amount due on the goods or services. There are two limitations on thiS right: (a) you must have made the purchase in your home stale, or if not within your home state, within 100.miles of your current mailing address; and (b) the purchase price must have been more lhan S50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. . , .. - (.). "\-.: . ~; ~~ 'w.'-"- ,~~, "I illl~~",").}jO{,i:;l<~l~_ ~~!I!llllOOtI~W~n""'-~"';MMll~'oll_~ i!!l~ ~ ~ ~ ~ ., "~'" ..",J = ftl'fl"F v: ""1' C'1\F h~l\ 21 o C ~-,j I L..." ~llltiWlfJWMli~.J .~, illj"~k!lmillWll1!lli ~ ~ I': ".'" ~ Bl.S Ail IQU "i. ::~ ~: I A ~. " MJ::OOiI>iJiJ ~ ~ ~ If; , 0 VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA PROVIDIAN NATIONAL BANK Plaintiff VS. LYNFORD K. DONIVAN Defendant NO. 00-1831 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTRY: Please reinstate the enclosed Civil Action. Respectfully submitted: PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. !',._-, - '~'- , ,C"_, ,-,>"--,--.. _ _~,_ ~"_o , _ .-." o. , I') .. ,. o t~ """OeD 5.2 g~ ZC. (0 ,~~'~ -<L r:;::c'! ~E; FC z :;:l .<, ~" _,.,.,"",il.i!"'lI[l!!iW"fmr~lll'!~~t1Ii'M _0"'1 II c.::J o ~ ;1 -n r=:=. ':,il'l ',:-1 C~:: ;~~(l) ~~~~ .-, 55 -< 'LJ v :b {:';) W r" !I!lIJfjQ~_, @ mW~!I!~~ , SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-01831 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS DONIVAN LYNFORD K R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT DONIVAN LYNFORD K but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , DONI VAN LYNFORD K DEFT. NO LONGER RESIDES AT ADDRESS STATED, FWDG NOT KNOWN, RETURN NOT FOUND AS PER MELISSA 6/22/00. Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 18.00 3.10 5.00 10.00 .00 36.10 . Thomas Kline < Sheriff of Cumberland County PARK LAW ASSOCIATES 06/22/2000 Sworn and subscribed to before me this C, I!::: day of 91 "'~. a )).~etJ: , II Pro honotary I ~ ",-< " Ro THOMAS KLINE SheriN 01 Q[u1lTb . ~'\,\\\\.'2 .;;'" (' l' !crq ~ I~i~~ 0 RO NNY R ANDERSON Chief Deputy EDWARD L. SCHORPP Solicilor OFFICE OF THE SHERIFF PATRICIA A. SHAnO Real Estate Depuly 0 One Courthouse Square Carlisle, Pennsylvania 17013 To: Postmaster (A />~ "<J'.Lt. Agency Control No. :;"0-/ Y -; / Date: b - 2.1-otJ Address Information Request Please [1lmish this agency with the new address. if available, for the following individual or verify whether tile address given below is one at which mail for this individual is currently being delivered. If the following address is a post office box, please furnish the street address as recorded on the boxJlOlder's application form. , Name: ~~ I( .o+7lM~ Last Known Address: fl? W )I~f/l~~ I celtify tile address information Jar this individual is required for the performance of this agency's official duties. -- (Signature of Agency Official) (Titl~' FOR POST OFFICE USE ONLY ~L IS DELIVERED TO ADDRESS GIVEN () NOT KNOWN AT ADDRESS GIVEN () MOVED, LEFT NO FOR W ARDfNG ADDRESS ( ) NO SUCH ADDRESS () OTHER (SPECIFY): NEW ADDRESS BOXHOLDER'S STREET ADDRESS Agency Return Address PostmarklDate Stamp Address Information Request (Required Format) Exhibit 352.44b 0 ''',~", ,.'"'-0-'" - -~~_~ "1"'"~! ,......, _ ~,I-^"- ~ ' ,- VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P .0 . Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROVIDIAN NATIONAL BANK Plaintiff VB. LYNFORD K. DONIVAN Defendant NO. dlJ-/fjl ~k 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 personally or by an attorney and filing in writing with the Court your defenses or obj ections 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 other claims or relief requested by the Plaintiff. You may lose money or p~perty or other rights important toyo~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. C8b.....l .kEf III.,...I...... .I; L\..M..L uR TALII CiOPV PROM ~ Cumberland County c,,,, I.TYlru"...,A..,I...lIlII...,.. Carlisle, PA 17013 lIlld . 01 SItd euunlt CIrlIIfa PI.. ( 71 7 ) :21 - - ^ ^ r . ! Y oIntwu. ~m ~ q - {;I (,~ , ~ :.'130 &u- ~oGt~~ olL:;bu4y k ~ ., THIS-;~~ATTEMPT TO WILL BE USED FOR THAT COLLECT A DEBT. PURPOSE. ANY INFORMATION OBTAINED ~~,... '" . . .-- PLEASE STAMP AND RETURN VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4428024501985481 CUMBERLAND COUNTY COURT OF COMMON PLEAS 0 c:: 0 C CJ .., 5:: :x "..1 -0 OJ > ,;;;,1 mrn ;;a z-n 'or- N --,m ZC .. ,-,:~) :::: ~z .- :-) l. :Co'U kC -0 -1- -r, >..-..., _'!... :;26 ;;0 ~ din J>c ~ Z =< -.I -< PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS LYNFORD K. DONIVAN 1914 RESERVOIR DRIVE CARLISLE, PA 17013-1052 DEFENDANT NO. 00- 1P3! C-w~tT0L'7 CIVIL aCTION L,:" The plaintiff, PROVIDIAN NATIONAL-BANK, is a national banking association organized and existing under and by virtue of the laws of the United States of America. Plaintiff solicits and maintains consumer credit accounts in Pennsylvania and is the owner of this account, which is the subject matter of this action. 2. The Defendant, LYNFORD K. DONIVAN, is an individual who resides at 1914 RESERVOIR DRIVE, CARLISLE, PA 17013-1052. 3. The Defendant is indebted to Plaintiff on the credit account by virtue of charges or cash advances incurred by the Defendant or authorized by the Defendant on a credit card or line of credit 4. The terms of said account are stated in the documentation attached hereto as Exhibit "A." 5. The Defendant has failed to pay the amount owed in accordance with the account agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $9,174.36 as of 10/06/1999, plus pre-judgment contractual interest at the rate of 16.90% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $1,834.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $9,174.36, plus pre-judgment interest at the contractual rate of 16.90% per annum from 10/06/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,834.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though $et forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or Knowingly and voluntarily accepted the benefits bestowed. 14"':'_, ,~ - , 0' , . 12. It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of the plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that judgment be .rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $9,174.36, plus pre-judgment interest at the contractual rate of 16.90% per annum from 10/06/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,834.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A ~EBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~. --p . . /' VERIFICATION I, MARY M. MAXEDON , declare that as of December 9, 1999: I am a designated agent of PROVIDIAN NATIONAL BANK, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in the State of California. <fIIal1/HI//&t:~( Designated Agent ~,~, ~,u,~ - iiHi~U!il!ilY!JJlliiHl.\!""i:fi!~'~~ii#llill~~!i.\li',,;i~~~;"'4!"..<litl"!tr~'l,~~w:,iIlMiiiijj~__ ~ oS ~ 'S Al~ ,. x _"" .'_"~~__^ !-:' ,',-" I "'[1 Ji.m "~.:J ,I" -_~~lllI~ ;-.~ ~'iIIiIlIIlI. '---"~.'l c'~:;iifF ,,:--;v , --1iiiIlll- I l!:!!:!J ~ ~ ~ ~ VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF PROVIDIAN NATIONAL BANK Plaintiff VS. LYNFORD K. DONIVAN Defendant CUMBERLAND COUNTY. (") COURT OF COMMON PLEA~ ""00-3 ("111';-\ ~~~ ~z ~C) :<;0 ~-L' NO. 00-CV-1831 :Pc:: ~ PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: o o po 0 c::: G'l f'.) (,}\ o "'1"'1 E~ -"'~ -n jH'_ ',"ltIl . -,\.....J ;~\~;,(.. ;~5tq ';':::-1\,,0 ~~ ?O '< - ()"\ Kindly reinstate the Complaint in the above captioned matter. PARK -~... BY: VALERIE ROSENBLUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF __O~ "" - . ",_,,,,, _ .' ,""',;:.00 '.".~,,~.- --,-~"-,",,.,,~-_,_,"_~.. _"-"'''11''_ ~,-- , ~" '-' ., , '"I iIJ w 0 0 C c:o ~-j :;::" ;:;,. 0, vcu -=--::--:.\ !~ c:: "" "' . , ,"'" '-_~: :-n v; "_~-; C'J ~j~) := -=;(S ec. -',-,-, ~C)' ::n: ;~~ - c:: - ~ U ...-! -,,; en :iJ -< ~ " '0 "''''. ""!'"~ ~,llf!l!fi!l.l!I~~..,,_~,,~~~ .. ,..JjiilJl~~,~ ,!II'!!' ,01 ~.." VALERIE ROSENBLUTH PARK, ESQUIRE PARK LAW ASSOCIATES, P.C. ATTORNEY I.D. #72094 25 E. State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PROVIDIAN NATIONAL BANK Plaintiff VS. LYNFORD K. DONIVAN Defendant NO. 00-1831 VERIFICATION OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS valerie Rosenbluth Park, Esquire, being duly sworn according to law deposes and says that she did serve the Defendant LYNFORD K. DONIVAN , at last known address located at 116 W. HILLCREST DR. ,CARLISLE, PA 17013, by United States Certified Mail, Return Receipt Requested, Postage Paid, and First Class Mail with a true and correct copy of the Complaint which was filed in the Court of Common Pleas in the above captioned matter and with the appropriate Notice to Plead as set forth in Pennsylvania Rules of Civil Procedure. Service Pennsylvania allowing for by mail was accomplished on Rule of Civil Procedure and alternate service. in accordance with the prior Order of this Court Proof of service by Certified Mail is attached hereto, made a part hereof, and marked Exhibit "A". Proof of service by First Class United States Mail, Postage Paid is a Certificate of Mailing attached hereto, made a part hereof, and marked Exhibit "B". Valerie Rosenbluth Park, Esquire further understands that false statements made herein are subject to the penalties of 18 PA C.S.4904 relating to unsworn falsification to authorities. PARK LAW ASSOCIATES, P.C. BY:~ VALERIE ROSENBLUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF -- ,. o {' " :"., ',- 't'- "-<',,1"'_-;, --~c-" -,' ''<t,.-., + Z 11Llb 129 119 Certified Fee Spedal DefMlry Fee EXHIBIT ~ -.";; '''.>c_ _~H '," ,,~_":_ C!(/",,--- ~ -.",' , - ~ - - .,--'---',._;" ,~ " , ~ - ,"', - -, ,"', ;c+,">" 4 I I ~I, ~o. u. . ,~ 'iii ia o E ,~ ija: 0: ~~::::e'i~ ~ ~ ~~~;g ~;;1UiS~ ~.f. r.: '" 5- EgQ:dlD~ ~~~~:w~ x 2 ~"C Cj;w ~ ~ ~~ ~= 1II 8~:;~ E F ~c g'''''ij .-E.... r:: r.: ~:ii~o.gg EEr.:-S"lI ~ ~rE8& ~ ]~~.n~E .!!?'ajx~- :5 g':ffllVlN ...."'E_mlll ~ ~l~~ ~ ,g E-~ ~a ~ !'== B aM U j-8g~i5 .5c:==1:tr.l", '0 ::l ~ Eci a i-Eg~g~ g~~.5::'E Ill::l c.e lll~ ~g8~~o~ .g~ '~~i~ =:o8e,=;,ClI 1Il1llV) cac::Q. c::g<ll't!;l::!:.:!Vl o QO~J.!<:a 'tieD... iij'='ti ~ g;~g ~~€ rn.= Cd~8la5 "'001ll 1::- .ilc:=-~:,g-g ~g.!t~~ E: l'lI~.g<<lCl)~~ ::u;lIl~~Ls= ;; ~gB.5s~,g a.. .g~-!:g~tIl~ c: ~.! ~=g]~; "0 u-: Q..!3 E 8: D.. -8.9g e C.C II 'is ~:ao~~8 & In lII~~,;g'O= S Fl!..!!~g.a'5 ~ s ~ == 'Co:C ~-. ao:E '=~ .~~~ lI,l Eo.. "_0 0.00 ~~~ iii.9..2 l$~~ ~Bi i~ :g. cn~ ~ Q ~ a: o~ '0 cr;1.L .!!! Cl " c ~ 'l!: ~ oS . cI: a:~ o~ o:u. ~ '00 .0 "H" ~= " o ] '" ~ Q g o lD e JS ~ =' Q) ~ ~ a; _ 1Il_ '5.'Cij .s ~ e ~ co 0 Q."C Ui Q.. ~e6?'S ~" 0 .:0::-== g-5:t~ Brl!oo 1!~ ~Cii .5> . E~::(,T:~i?~;!~~~!iEr.'.li~:~~~~::::~~5;~~; .f ','~.'.';",~ ~~ "., .". \ '.:'/-.:::. ;. "., .. ,/ 1l~f~\1~fl.jl ;:.s:~"O- -"-..,, ~!~ I't. ;W' " _510 '~'g-g~ ~1lI'E:E 0:-58. E ~~ g: .a::E_ ... lP..... :lit =c:S!5w ~o OJ '0" .~ g;.!j'tl il - 0 Q;I == ~i~8i .2a:S()() ~ II II ~ ~ u. !;' 8, . ,. f1. ~ . . el; :1t ~ ,g 5 ,. o ll. ~ m of ~ Iii ,; ~ . . ~ el; '0 <C '0 ~ E . z .. ~8 ~+ ll._ -. 00 "ll. .8'iii E" "~~. z.>: iiiB ~l2 ;; c. ~ .: " ;;; ~ E ;;; o C. ...... . . o ~ ii:" -. 0'0 "C ~~ 60 "CIl E~ "" Z'O <<is: 'O.!2 >-... " ~ c.... ~.." mfc::: E" " "en ~<o . c :J ..,. '" <0 .... ~ OJ '" ~ ..,. ~ '" o ~ ~ N ~ .- . '~'1WI!l~1I!lP!'!II!'!I!~,== ""~,~ ,~" I ~ , ... ~~;: ~~..~~:t~:'\;j;~~t:~:~f':~~'::~:;'~ ! ~ I .. i l .,; ? g~!~~~3i~~!; . .. .... lli,'~if~~"'~~'''(J:''':::''''<''';",: =-: r:r.'"..-.7"'''''':\:;~~''''''-;;:-~'~'.1<''~-tt\::._. ~r.o.:_i~.~..[.!...,-.,?-.....,:".t~;i':TO? t.:;';.-. ':-\_;-:;::.\ /?<~-:::b:~;f. ~;; w ':" ... Q) Q) - 2:' 00'0 ~ :> .E " "- ,.: .... ... '" E o "- en c. . ',.,. ~,:!:~~~;.~~t;: - .- -. - ;..~ ':'':'.:. ... . .. ~ ...... :..; ~ '.. ;... ~ ::.;::~. "::i;..~r "'.!: ~r:$' ".-:--:-..-......,..:. ... ...._._....l':,:. Oil '",~ ~- lii . , o c o C) o C-~) ...., n "::h l"J..; ~g' _..C-,> ~~: ~t;; )> c:: Z o-j -< ILl -"'0 :"'J r , C:j(i"1 ;:--j ~\J -< (.0) '00' '000 .r <~ ~-""",'"",~i\lJWll'lll!lllll:ll!lIU_ ~_""",..._, '7" ,.n - ~,- ~-nI~I~~~"~ll!M!!lf~JI~~r~: , - VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 116 W. HILLCREST DR. CARLISLE, PA 17013 4428024501985481 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS LYNFORD K. DONIVAN Defendant NO.00-1831Z 046 129 119 PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: $9,174.36 $1,834.00 $1,626.93 ($0.00) ($0.00) $12,635.29 PLUS ADDITIONAL COSTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and .rrect copy of the notice pursuant to Pennsylvania Rule of Ci' Procedure No. 237.1 is attached hereto and marked Exhib' 'A". AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL VALERIE OSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff .~~"- t AND NOW, 0Q.,,-r 31 ,.:>~ ' Judgment is entered in favor of the Plaintiff and aga1nst the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. fI U/l -/;;, ) ?- / OTHONOTARY ~,j- PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ._~s......,.~. , VALERIE ROSENBLUTH PARK ATTORNEY J.D. # 72094 PARK LAW ASSOCIATES,P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348.5200 ATTORNEY FORPLAThITWF CUMBERLAND COUNTY COURT OF COMMON PLEAS I HEREBY CERTWY THAT THE TRUE AND CORRECT ADDRESS IS: PLAThITWF: 295 MAIN STREET TILTON, NH 03276 DEF: 116 W. HILLCREST DR. CARLISLE, P A 17013 PROVIDIAN NATIONAL BANK Plaintiff VS L YNFORD K. DONIV AN Defendant NO. 00.1831 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: L YNFORD K. DONIV AN 116 W. HILLCREST DR. CARLISLE, P A 17013 DATE OF NOTICE: 10/12/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITIllN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHfS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. W YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR CARLISLE,PA 17013 (717) 240.6200 PARK LAW ASSOCIATES,P.C. BY: VALERIE ROSENBLUTH PARK, ESQ. cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT A ',,-,,~= ';1' -- ~. VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 116 W. HILLCREST DR. CARLISLE, PA 17013 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS NO. 00-1831 Z 046 129 119 LYNFORD K. DONIVAN Defendant VERIFICATION OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS VALERIE ROSENBLUTH PARK, Esquire, being duly sworn according to law, deposes and says that she will make this affidavit on behalf of the within Plaintiff, being authorized to do so, and that she believes and therefore avers, that LYNFORD K. DONIVAN, Defendant is over 21 years of age; that his/her place of residence/business is located at 116 W. HILLCREST DR. CARLISLE, PA 17013 and that he/she is employed and that he/she is not in the Military or Naval Service of the United States or its Allies or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its am~endments.. / PARK LAW ASSOCIATES, P.C. BY: / Valerie Rosenbluth Park Attorney for Plaintiff E10 "'" m " VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 116 W. HILLCREST DR. CARLISLE, PA 17013 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS NO. 00-1831 Z 046 129 119 LYNFORD K. DONIVAN Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: [X] Judgment by Default [ ] Money Judgment [ ] Judgment in Replevin [ ] Judgment in Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings [ ] Judgment on District Justice Transcripts [ ] Judgment on Judgment Note [ ] Judgment on Writ of Revival [ ] Praecipe to Reassess Damages IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number: (215) 348-5200. 10/J 1/00 PURSUANT TO THE FAIR DEBT COLLECTION P CTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. .. , - 1il "' '" . " -'"I' ".~ r". '_'h' -~ ,,-- "" .-. "'-"'~'''''~'"*'- '",-" t lJ (';;) "(g. 'l -.0 Ik 8 - r ...... i:::; ~ ~ au ~ ).) 0 8 Q 0 "'<i0 r-- <::> A..r .(j -o~ '"11 ~ <::> --f ..... ~rn n r: z::U -l f;\dJ -+:::.. (n5; eN ~~ -........t... ;:$.2: ;<::0 ::t';lt. 3Eo :r 0 ':>>c: - om ~ .. w :;;! 0'\ :n -< o ," (..........".... '~'~-~~' ""'''' ~_,"_~~_T ,.,_, ,~_' ~q~"'Ji!lll~~!~- ~" ~_ _ __~~~~f!l'l"'Of1:~l'!-_l;li.\'1mmjll'S!."j!1!I!!!I!l~t$l!llf_