The URL can be used to link to this page

Home My WebLink About00-01833 , 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. JUSTIN B. GOURLEY Defendant NO. 06 - IPJ] c~.tr~ 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 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. -', T,,,",, "",'.,,,_. .,<_."." . ., ,~,- . ." -,' ~,-,-, ,--. 1 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#:4428471876804526 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS JUSTIN B. GOURLEY 8 W SIMPSON STREET MECHANICSBURG, PA 17055-6324 DEFENDANT NO. ~- lYE ~ -r..u- 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, JUSTIN B. GOURLEY, is an individual who resides at 8 W SIMPSON STREET, MECHANICSBURG, PA 17055-6324. 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 4428471876804526. 4. The Defendant requested an account, account number 4428471876804526, 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 $5,560.58 as of 01/22/2000, plus pre-judgment contractual interest at the rate of 15.90% 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 $1,112.00. WHEREFORE, plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $5,560.58, plus pre-judgment interest at the contractual rate of 15.90% per annum from 01/22/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,112.00, 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. , ,,_'"'i"_~ " .. . -'~'. ',. ~ -"- 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 $5,560.58, plus pre-judgment interest at the contractual rate of 15.90% per annum from 01/22/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,112.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALE E 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. ,",' ,-,':,-", - ~, - "- -~"-, , -", '. ~-'~ -"'--~ - VERIFICATION HFATJotI=R It('V)aCUHJ , declare: I, 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 this 7.. N'P day of 0 r;: U?1I1 '66!c.. Alameda County, in Designated Agent PROVIDIAN NATIONAL BANK JUSTIN B. GOURLEY 4428471876804526 5147-1 ,.",'\> ",,'.' ~ ^'"~ "v..J . "~.- '" <~ - .',1. _e__,_ 1,_ '00 --~'>~ JiDPROVIDIAN FillOl1Cio/ ;)ro dian f\J, k,nal ~::mk 'vl':A@or IAasterCard@ .ccour, ,-'<u:eeTenl for JUS:1n E Gourleji ~Oct(l.Je( 29 1;)99 i J -J i Please review this document and keep it with your otha Importan: papers he; Ac:coun: Agreement containS the terms which govern your Prevldlan [\Ia/loni'll Bank \/ISA or jI,'!aster=ard Account (the "Account"). The Account allows you to make purchases bv 'J:':lng you VIS,':", or lVIas!erCarj :ard ':,the "Card") wherever If IS honored and to gel cash adv'ances fum us c,r any ':'[~er partlclpatl1:g financial institution and from Automated Teller Machines Convenience cher,k:o may also be Jlovldec to you as an additional :way to use the ,e.,ccoun! In thiS Agreement, "you" and "your" mean each person for whom we have opened a credit card Account "We," "our" "t,urs " and "us" Irean PrJv~dlan f'lallonal Bank or lIs assignees, as listed on your billing statement, The Accour,1 may be used only for personal, family, household, and charitable purposes, arC: not for any bLslness c,r commercial purpose Any use of thiS Account shall conslltute acceptance of the terms 01 thiS Agreement You and we agree as follows: Payments. You will receive a monthly statement showing your outstandmg balance. Payment on thiS Account IS reqUlled In US, dollars (checks must be payable at a U S office of ihe bank the check is drawn on) for at least the payment due as shown on your statement Dy the payment due date In accordance With paymentmstructJons on your monthly statement The back of your statements shows the rules we follow when we post payments Convenience checks and other checks we Issue to you may not be used to make payments on your Account or to make payments on any other account you have With us or our affiliates. The payment due Will be. 2% of the new balance shown on your statement plus lh~ 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 $15 (unless your new balance ,IS less than $15, In which case the payment due Will be the amount of the new balance). If your Account is past due or above the credit line, we may reqUire a higher minimum payment, but we Will 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 restriqtions, without losing our right to collect all amounts oWing under thiS Agreement 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 it IS included in one of your daily balances and cdntinue 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 seNices; 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 the Cash Advance Balance which consists of all other cash advances and cash advance transaction fees Any payment amount we rece~e that exceeds the finance char~es and fees then due Will ordmarily be applied first to the Balance With the lowest Annual Percentage Rate (APR), until that Balance IS zero, and then to the Bala~ce With the next lowest APR, until that Balance is zero, and then to any remaining Balance. We reserve the right 10 apply payments differently Without further notice The Purchase, ~ustom Cash Advance, and Cash Advance Balances are reduced by payments as of the date received, and by credits as of the date posted. Purchases are included in your Purchase Balanq;e as of the date made. Custom cash advances are Included In your Custom Cash Advance Balance as follows: fun~s electronically transmitted to other lenders to transfer balances, as of the date transmitted; checks to transfer balances, as of the date presented 10 us Other cash advances are Included In your Cash Advance Balance as follows: cash advances from other finan9ial institutions and through Automated Tellers, as of the date made; cash advance checks made payable to you that are identified as cashier's checks and mailed to you at your request, as of s~ven days after the date we print on the check; all other checks, as of the date presented to us, Other debits are included in your Purchase, Custom Cash Advance, or Cash Advance Balam* as of the 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. Th'~re 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. add all debits and subtract all credIts for the current day and multiply the net amount by the applicable daily penodic rate (s~e 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 deterrJ1ine the total finance charges on balances for the billing cycle by adding together the finance charges for each type of Balance for each day wlthrn the billing cycle. In calculating finance charges~ an adjustment Will be made for any transaction or payment that would have affected the finance charge calculation in a prior billing cycle had It been posted in that cycle. The applicable dally periodic rate for such a transaction will be the rate in effect for the current billing cycle rather than the rate In effect on the date of the transaction. Your statement i:nc!udes an average daily balance 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 to obtain su,ptotals, and then add the subtotals together to determine your total finance charges on balances for the billing cycle, If a cash advance transaction fee is charged, that amount is also a finance charge. The term "Prim~, Rate" as used in the Agreement means the highest prime rate published in the Wall 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 first day of your billing cycle and may result in a slight increase or decrease in the amount of your minimum payment. You can arran~ to have a variable rate {not below 5.9%} for purchases whichis lower than the lowest non-introductory ANNUAL PERCENTAGE RATE (APR) you are paying on any of your other credit card or re1i3i! accounts. This APR is available only if you provide proof, In the form of a copy of your most recent billing statement, showing your other non-introductory APR Your new APR will take effect i~ the billing cycle following our review of your proof, but not earlier than the end of your courtesy period. Until your new APR takes effect, or if we do not receive proof of your lower APR, your APR!for purchases will be as follows: The ANNUAL PERCENTAGE RATE (APR) for purchases will vary and may be adjusted each billing cycle up to 7.4% above Prime Rate, but Will in no event be l~ss than 15.9%. Using this formula, the APR for purchases in the October 1999 billing cycle is 15.9%, corresponding to a daily periodic rate of 0.04356%. You can arrange to have a variable APR (not below 12.9%) for custom cash advances that is lower than the average non-introductory APR you have been paying on the total balances you have transferred froml'other credit card, retail, and installment accounts provided your other accounts were open in October 1999. In calculating this APR we will take into account the APRs on the credit account balanc~~ you have transferred from other lenders. This APR is available only if you provide proof, in the form of copies of your most recent billing statements, showing your other non.introductory:,APRs. Your new APR will be variable, based on Prime Rate and will take effect m the billing cycle following our review of your proof, but not earlier than the end of your courtesy period. If we do':not receive such proof your APR for custom cash advances WIll be as follows: The ANNUAL PERCENTAGE RATE for custom cash advances is 23.3%, corresponding to a daily periodic rate of q.06384%. The ANNUAL ~ERCENTAGE RATE for cash advances is 23.3%, corresponding to a daily periodic rate of 0.06384%. 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 18.9%, corresponding. to a daily periOdiC rate of 0.05178%; and the APR for cash advances and custom cash advances may increase, but will not exceed 23.3%, corresponding to a daily periodic rate of 0.06384% 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 REVIEIf.j: 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 debt with other lenders each Increases by more than $5,000 and your annual household income is less than four times your total unsecured debt. Gr~ce Period for Purchase. Balance. New purcha.s~s posted to you~ 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 o~ the next bll!J~g. cycle. Y?U 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 charge your Acco~~t $0 for: ea.ch. Car~ 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 su~h an order; each billing cycle: WIthin .w.hlch your Account IS delinquent (late charge); and each billing cycle within which your balance exceeds your credit line (overfimit fee), even if your Account is close~. . If you reques! caples ofbllll~g s~atements that were first sent to you more than three months earlier, we may charge a handling fee of $2 for each such copy. A cash advance fee of 2% (minimum $5, maximum $20), whIch IS a FINANCE CHARGE, may be charged fOf each cash advance transaction made on your Account. ~efault Y~u will be in default: if any information yo~ provided us prov~~ to.be incomplete or untrue; if you do not comply with any part of this Agreement; upon your death, bankruptcy, or insolvency; If you do n?t pay other debts w~en due; If a bankruptcy petlllon IS filed by or against you; or if we believe in good faith that you may not payor perform your obligations under this Agreement. If you are In default we may, wltho~t further demand or notice, 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 outstandmg 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 SUlt to collect the amount you owe. Credit Line. Your .cr~dit line is specified fn?m time to t.ime in a separate notice. Your monthly statements show your credit line and the amount of your available credit. We may increase or ~ecrease your cre~lt line based on Inf~rmatlon we obtained from you or your credit records. Your available credit is normally the difference between your credit line and your Account balance (mcludln.g transa~llons mad~ or authorized but no! 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. Promis~ to Pay. You promise to pay us when due al! amounts bo~rowe~ whe~ you or so~eone else use your Account (even if the amount charged exceeds your permission), all other transaclions 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 your reasonable attorney's fees and court costs.) Changes. After we provide you any notice required by law, we may change any part of this Agreement and add or remove requirements. If a change is made to the Finance Charges section of oj '! (Continued on reverse) (5846-0698) 4428471876804526 0730 106 Z561 '''''''~~~lIIl1l1!l1!i1ll~, - '''~l~ ~~" =" "~~ "'"'" ~~"- 'I this Agreement, the new finance charge calculation will apply to your entire Account balance from the effective date of the change. Changes will apply to balances thai include Items casted to ~ Account before the dale of the chanae, i.:I\d will apply whether or nol you continue to use the Account Foreign ExchangelCurrency ConversfJDn. If you use your Card for transactions in a cCirrencYl!lther than US. dollars, the transactions will be converted to U.S, dollars, generally using either a (I) government-mandated rate or (II) whole~e market rate In effect the 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; Cancellation. You ma'y canc,:l your credit privileges al any time by notifying us in wntin~ and destrOYing the Card(sl_ Upon the Card expirahon al the end of the month shown on it, we reselVe the right nolto renew the Card. 'We may cancel the Card and your credit pnvlle~es at any time after 30 days notice to you, or without notice If permitted by law. If your Card IS cancelled or not renewed, finance charges and other ~s will continue to be assessed, payments will continue 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, a~d you should destroy any unused checks we have Issued to you Personal Information; Documents. Yoo will provide us atlea5t10 days notice if you change your name, home or mailing address, telephone numbers, employment or income Upon our request, you Will prOVide us additional _ciallnformation. We reselVe the nghtlo obtain Information from others, Including credit reporting agencies, and to prOVide your address and Information abo!lt your Account to others_ We mav atSlD share informati_on With our affiliates. However vou mav write to us at anv time Instructma us not to share credit information with our affiliates If you do nol fulfill your obligations under this .A.gPeement, a negative credit report thai may reflect on your credit may be submitted 10 the credit reporting agencies. Customer Service; Unauthorized Use, lDss, or Theft of Checks or the Card. Each Card must be signed on receipt. You are responsible for safeguarding the Card, your Personal Identification Number ("PIN", which prOVides access loAutomated Teller Machines) and any checks Issued to you from theft, and keeping your PIN 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 unauthOrized transaction on your Account, you will promptly noltfy us by calling 1-800-933.7221.- So we can Immediately act to limit losses and liability, you will phOM-US even though you may also notify us in writing. Your liability for unauthorized use occurring before you notify us is limited to $50. If you report or we suspect unauthorized use C)ryour Account, we. may 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 destroy all checks in your possession. To Improve customer selVice and security, you agree that your calls may be monitored or recorded. Merchant Relations. We will not be lia:bIe if any person or Automated Teller Machine refuses to honor the Card or accept your checks, or fails to return the Card to you. We have no responsibility for goods and services purchased with lhe Card or checks except as required by law. (See Special Rule below.) Certain benefits that are available with the Account are provided by third-party vendors. We are not responsible for th~ ~lity, availability, or results of any of the services you choose to use. Stop Payment Orders. If you wish to sti:lppayment on a check, you may send us a stop payment order by writing 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 about the check: the exact amount, the date on lhedleck, 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 writing. We may disreaard your oral order if we do not receive a si~ned written confirmation within two weeks after the oral order, or if we have nol received an adequate description of the item so that payment can be stopped. The order will not be effective If t e check was paid by us before we had a reasonable opportunity to act on the order. We may, without liability, disregard a written stop paymel'1t order six months after receipt unless it is renewed in writing Standard of Care. Because this AccOlmt 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 SIP will be sent to us, transactions 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 all transactions when you report that your Card or checks have been lost orstolen. We do not intend ordinarily to examln.e?1I \tem~, and we will not be ~nt if we do not do so. ThiS rule establishes !he standard of ordinary car~ 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 wlll be returned to you With the monthly statement, you should be careful to enter all checks in your check register or otherwIse keep a record of them. You should also save your credit card cash advance and purchase slips. You aaree to check your monthlv statements aaainst vour record and to notify us immedlatelv of anv unauthori7ed transactions or errors. Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision later. -You waive: the right to presentment, demand, protest, or notic~Gfdishonor; any. applicable statute of limitations; and any right you may have to require us to proceed against anyone before we file SUIt against you. Applicable Law; Severability; Assignment. No matterwhere you live, this Agreement and your Account are governed by federal law and by New Hampshire law. This Agreement is a final expression of the agreement between you and us and may. not be contradicted by evidence of any alleged oral 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 law, and the rest o~ the provisions in the Agreement Will still be enforceable. At any time after we determine in good faith that any proposed or enacted legislation, regulatory action, or Judicial decision has rendered or may render any material provisions of this Agreement invalid or unenforceable, or impose any increased tax, reporting require.me~t! 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 right to all or some of your payments. If state law reqUires that you receive notice of such an event to protect the purchaser or assignee, we may gIve YOlJ such nolice by filing a financmg stalemenl wilh the slale's Secretary of Stale. Notices. 9ther n.otices to you shall be ~~ctive ,,!,hen deposited in the. mail addressed to you at the addres.s shown on our records, unless a longer notice period is. specified in this Agreement or by law, which period shall start upon m~thng. Notice to us shall be mailed to our address for customer service on your statement (or other addresses we may specify) and shall be effective when we receive it. YOUR BILLING RIGHTS -- KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify U~ in c.ase of ~~rors. or Questions About Yo.ur Bill. If you think your bill is Y"rong 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 SummaIY 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 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 ~ust elth~r correct the error or expl~in w~y w~ beli~ve the bill was correct. After we receive your le~ter, we canno.t try to collect.a~y amount you question, or report you ~s delinquent. We can continue t? b!!l you for the amo~nt y~u questIon, Including finance charges, and we can apply any unpaid amount against your credit hne. You do not have to pay any questioned amount while we are Invesllgatmg, but you are stili obligated to pay the parts of your bill that are not in question. If we find t.hat we made a mistake o.n y()ur bill, you will not have ~o pay any finance ~harge related to.any questioned amount. If we didn't make a mistake, you may h~~ to pay finance charges, and you Will h~ve to make up the mIssed payments ~:ln the questIoned a~ount. In elth.er case, we wllI.send you a statem~nt of the ~mount you owe and the date that,ll 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 wnte to us Within 10 days telling us that you stili refuse to pay we must tell anyone we report. you to that you question your bill. And, we must teU you the name of anyone we reported you to. We must tell anyone we report you to that the mailer has been s~ttled between us when It finally IS. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. Special R~le for Credit Card Purcha$es. 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 With th.e merc~a~t, you may not have!o pay the ~emaining amount due .~n the goods or services. There are two limitation.s on this right (a) you must have made ihe purchase in your home state, or If not wlthm y.our hom~ state, Within 100 miles of your current mailing address; and (b) the purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or If we mailed you the advertisement for the property or services. ~ ..'P> .,~ J< c; ~ J _ ':'"'f""~"' ~~~ ~ J:. ~ ~ ~ j tv ~ fJ'~ ~'o' A H"~I!!lfillll!\~ .~ . , t Iq. ~ '1 6 8 8 ~ I \ () ~~ ~ c,. o c: ".... -oeD [T1 rn Z.~ ~o, zc ~Q:~ !;CCJ ;" 'zo o >c z :< o o ..... n; ;t;l N .. o .. -..; ;:f,:u ~gt9 (:) .L '''-1<'''> '-'1 --<-'-"n 05 ern -.; :!is '< ~,~. 8 .~~!l:l'l'1l'lPft'\'I!'N~,"'w.-"f'P;;~ft~'l!~!IlIl'!l'lf!'l~,",__!:'!ll'i~flj!ffl1Im_~~;,r' !"'rlj'!j!~ -0 :x ':Y ~ o SHERIFF'S RETURN - REGULAR CASE NO: 2000-01833 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS GOURLEY JUSTIN G SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within NOTICE & CIVIL ACTION was served upon GOURLEY JUSTIN B the DEFENDANT , at 0018:52 HOURS, on the 31st day of March , 2000 at 8 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6324 by handing to CHRISTINE GOURLEY (WIFE) a true and attested copy of NOTICE & CIVIL ACTION together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.20 .00 10.00 .00 34.20 So Answers: ~~nA~~~ . Thomas Kline 04/03/2000 PARK LAW ASSOC Sworn and Subscribed to before By: me this /1 e::. day of eputy S e 'ff () f~ : r i2...tru'O A. D. Q~~. Q ~,~~ r thonotary . ) '0 ~o_ , . ~~ . ~ :,. , ~ -, ~'!' 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: 8 W SIMPSON STREET MECHANICSBURG, PA 17055-6324 4428471876804526 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS JUSTIN B. GOURLEY Defendant NO.00-1833 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: AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS $5,560.58 $1,112.00 $251. 92 ($0.00) ($0.00) TOTAL $6,924.50 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. "'-.0< "" _,"'c,""'_- "!Ii'"' ,.< "-~,-, ~~ 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 correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is atta ~d hereto and marked Exhibit "A". VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, (Q';:/ 'ff I~ ,;:;U'JC(>) ,Judgment is entered in favor of the Plaintiff and against the Defendant by Default for want of an Answer and damages assessed in 'he "urn ee' for'h in 'he above oer'ifioa'ion~ ~ (JLl/?-:k;- )72~ I OTHONOTARY 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. VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES,P.e. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT .ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH03276 DEF: 8 W SIMPSON STREET MECHANICSBURG, PA 17055.6324 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS JUSTIN B. GOURLEY Defendant ! NO. 00-1833 NOTICE OF PRAECIPE FOR . ENTRY OF DEFAULT JUDGMENT TO: JUSTIN B. GOURLEY 8 W SIMPSON STREET MECHANICSBURG, P A 17055.6324 EXHIBIT I <It DATE OF NOTICE: 4/24/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU INTHISTASE. UNLESS YOU ACT WITHIN 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 RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOTRA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADlVllNISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR CARLISLE, PA 17013 (717) 240.6200 P ARK LAW ASSOCIATES, P. BY: VALERIE ROSENBLUTH PARK, ESQ. 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 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: B W SIMPSON STREET MECHANICSBURG, PA 17055-6324 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS JUSTIN B. GOURLEY Defendant NO. 00-1833 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 JUSTIN B. GOURLEY, Defendant is over 21 years of age; that his/her place of residence/business is located at 8 W SIMPSON STREET MECHANICSBURG, PA 17055-6324 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 nd its amendments. PARK BY: Valerie Rosenbluth Park Attorney for Plaintiff E10 "-'<'- -~ . ", " M ~___w~,\"f____" _~___" ~-' , - "- ._.~.d'_, ",;<:1''''''',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: 8 W SIMPSON STREET MECHANICSBURG, PA 17055-6324 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS JUSTIN B. GOURLEY Defendant NO. 00-1833 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notiffed 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. s>Js-/co PURSUANT TO THE FAIR DEBT COLLECTION PRACT 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. !~JI!'!'!I'_ - - :-'~ ,',. _-_;~;'~_I, m' ,.;~--"1'P; ,-"'~'-r ' ." 1'1- ---- ,'" '1\."",,'{-~"_?--""'-"; :'7~'f--, - - . I 1.< .. '<0""0"'0.'0 ._m _._, _"e,'_," _.," <"" , "~ M~'"' .," . . ~ () ..tq. 7J -c ~ ~ 0 F D ..() ,0 C::> ~ c a ~ U -~ j V? t~J ::r.: ::;.j ~ "'" Ul ~ -< C'n',"J:! IV' ~ ~ EEfj (-'1 (H(~ ~ 1 ~ 5JfJ "'0 ~ :r,. ,,-," -!) o ;_ ~ ;?,-(":) Z urn :< (.j ~ ~ ,~,_, .0 _~ _ _''''_"__'~'' >, ,. '. , -, ,,'_~< _ ",,,., ,~" ")>,."",r '", _ "cr"_ ,-",.,.,- . _..,......III""._.,..,,'!'~\'"", ,_!llI!~ !l~~-!r~~- '~""" ~~,~IIlJ!llf"'. , JUN 0 7200# ROBERT VIDAL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHERYL WATTS, Defendant NO. 2000 -1883 CIVIL IN CUSTODY COURT ORDER AND NOW, this l''' day of June, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Robert Vidal, and the Mother, Cheryl Watts, shall enjoy shared legal custody of Taylor Soule, born December 23, 1999. 2. Physical custody shall be handled as follows: A. Father shall have physical custody of the minor child every week from Friday at 5:00 p.m. until Sunday at 7:00 p.m. B. Mother shall have physical custody of the minor child from Sunday at 7:00 p.m. until Friday at 5:00 p.m. C. Father shall handle transportation for exchange of custody. Father shall ensure that he has appropriate child restraints in his vehicle for transportation. 3. Both parties shall share all medical information conceming the child and shall keep the non-custodial parent advised with respect to any medical emergencies. The Mother is directed to provide Father with any details of the child's dietary needs or restrictions. 4. In the event Father is in the Carlisle area and gives Mother advance notice during the week, Father shall be afforded the opportunity to spend a few hours with the minor child on weekdays assuming Mother does not have prior commitments. ,- 'l",= "," ~ _~c"'_ ','" - ,', __" - _ ",< --'''-1'.,' _ 'C_" <. _._'._, -,,' ,--~--" " I, 0"" '00 FiLFD--QFFICE OF 'If!' "!lfY'CfnTARY 00 JUN - 9 AM 9: I 8 CUMBEr1L\\f\iD COUNTY PENNSYLVANIA ,.__~,,~_ ,~\ ~__ ~ .-' t'''''~, ' , " "-""7: '~, _",f__~,"'70, -- fi',.~ '''', .'-" , ' ~~~""""'" , ".,.I-~ '" -- ,00 \ -~ ~~."""! ~ --,~~~ " 5. This is a temporary order subject to modification by the parties or court order in the future. The parties shall meet again with the Custody Conciliator for a Conference on Friday, September 8, 2000, at 8:30 a.m. Legal counsel for the parties may contact the Conciliator in advance of the scheduled second Conciliation in the event there is any issue that merits any immediate attention by the Court. BY THE COURT, cc: David P. Perkins, Esquire 1. Andrew Morrow Dickinson School of Law Family Law Clinic t. upLto -rr[cLJJ.. ~~ 9- 00 1{l{.3 ,- ~-, '," \__:__"'_-'-"""""'.-';'~"'.'7-~ . 0"- -'c._',' " 0' ROBERT VIDAL, Plaintiff IN TfIE COURT OF COMMON PLEAS OF CuMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHERYL W ATIS, Defendant NO. 2000-1883 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CML RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subj ect of this litigation is as follows: Taylor Sou1e, born December 23, 1999. 2. A Conciliation Conference was held on June 1, 2000, with the following individuals in attendance: The Father, Robert Vidal, with his counsel, David P. Perkins, Esquire; and the Mother, Cheryl Watts, with her counsel, Andrew Morrow of the Dickinson School of Law Family Law Clinic. 3. The parties agree to the entry of an order in the form as attached. 0( tt! Db DATE ,- ^.,~ ~',~ ",'--~--- -, ., ,_,.," -- _,.=.C<'>'_'"_","__' ,,"" - ~', ',.- 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. JUSTIN B. GOURLEY Defendant NO. 00-1833 PRAECIPE TO RELEASE LIEN OF JUDGMENT TO THE PROTHONOTARY: Kindly release the lien of judgment against all property owned by the Defendant in the above matter. PARK LAW ASSOCIATES, P.C. BY'k~ VAL IE ROSENBLUTH PARK, ESQUIRE '['- ~'"':"Trlrrl'-'~~IIF~I!!~~~~r!'r ~~~ . """ """" """ -->'.-"'.--' "-, ~""" 1t~~ , -- g ~ ~ :tJ ~~r - t --l.., , ~," ~-" ~ - o C <:'" I:J(fi lTir>: Z-,l ~~ ~O )>........ Z;...-; J>;:: :z ~ ~.~:iIl)~"... Jj"~If!~.~,,:,,, co o C:J '"Tj c.., N CO ~~ '''i -T ~ :p" ;~ -'r ',~' ,~', ,~. ":': -'.~, -." ~~s_ h~ ~~ r:? "::> 35 -< ij~ ~<:"'T.~I~