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HomeMy WebLinkAbout00-01959 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. DAVID S LIVERMORE Defendant No.dO - /qsy Q<>~l T~ 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. 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. r''" ",~--, . _"', ~""." - ,--~-", r~, 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#:5418275000404361 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS DAVID S LIVERMORE 124 TIMBER LN SHIPPENSBURG, PA 17257-9538 DEFENDANT NO. iJ1J - /959 f3.uJ.. -r~ 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, DAVID S LIVERMORE, is an individual who resides at 124 TIMBER LN, SHIPPENSBURG, PA 17257-9538. 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 ~'--, _ o"~'.;?;_"".,'__, .~.- /'" ;,__,,~ ",~,__ -'-'_~"_"" .',_,'" _ "~ -"-~, ,-,- -,. 1'- r'" - , ~ ' owned by the Plaintiff bearing account number 5418275000404361. 4. The D~fendant requested an account, account number 5418275000404361, 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 $3,378.94 as of 12/16/1999, plus pre-judgment contractual interest at the rate of 20.49% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit uA," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incu~ attorney's fees in the amount of $675.79. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $3,378.94, plus pre-judgment interest at the contractual rate of 20.49% per annum from 12/16/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $675.79, 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 $3,378.94, plus pre-judgment interest at the contractual rate of 20.49% per annum from 12/16/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $675.79, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. 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. , C""'l ,_ ,,,,",?;',"~.,c '"~ "C h'Y'"_ _',_" ,_ <-'iO<<_,,:<- " ~'_' c~ _"k" _H_ _.,.."e_.,",' - H " ~-""I'"-~-' ~, _" - - . VERIFICATION I, SUSAN M. WBlGHT , declare that as of January 13, 2000: 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. il I. I' " Ii I i 11 " I' I I I' I: I: I I: II i '\'" "" - ---~---,-- 'c-=' 1-'''':''';--;'' 7,T~,_ ~",~' ',.'~w".o<"" "'_,,~_-,~___ 0';:"1"",' '. ."'-'..' - - .~- I''',' -'-.,""' -'',i;-. '1~1 'J~~ PROVI DIAN ~ Financia! PrOVI'Jlan Na ionalBi'nk VIS:\@orM3sterCard@ A,- ~ount f:. :)feeme'lt for D"Vld S L vermore Jar.:.EJry' 18. ~_'XO Please review this docunient and keep it with your Qi.he-- Important papers This Account A.greement contains the terms which govern your rovl Ian a lona an or asterCard Account (the "Account'\). The Account allows you to make purchases by USing your VISA. or MasterCarc card (the "Car,:::") wherever It IS honored and to get cash advances from us or any other participating financiallnstituhon and from Automated Teller Mach:nes Convenience checks may also be prOVided 1O you as an additional way to use the Account In thiS Aweement "you" and "your" mean each person for whom we have opened a credit card Account. "We," "our" "ours," and "us" mean Provldlan National Bank or rts assignees, as listed on your billing statement. The Account may be used only for personal, family, household, and charitable purposes, and not for any bUSiness or commercial purpose. Any use of thiS .I\ccount shall constitute acceptance of the terms of thiS Agreement. You and we agree as follows: Payments. You will receive a monthly statement shOWing your outstanding balance Payment on thiS Account IS required in U S d~lIars (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 payment due date In accordance with payment Instructions 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 fhe 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 $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 restrictions, 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 A.greement. finance charges begin to accrue on a debit when It IS Included in one of your dally balances and continue until that balance IS reduced by a payment or credll 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 oplional services; 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 receIve that exceeds the finance charges and fees then due Will ordinarily be applied first to the Balance with the lowest Annual Percentage. Rate (APRj, until that Balance IS zero, and then to the Balance with the n~xt 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 posled. . 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 to transfer balances, as of the dale 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 other financial institutions and through Automated Tellers, as of the date made; cash advance checks made payable to you that are Identified as cashle~s checks and mailed to you at your request, as of seven 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 Balance 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. 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, add all debits and subtract aU credits for the current day and multiply the net amount by the applicable daily periodic rate (see following paragraphs). The finance charge for each type of Balance IS then added to and included in that day's Balance. We treat a creclil 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 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 daily periodic rate for such a transaction will be the rate in effect for the current billing cycle rather than the ratEl 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 that is not zero by the number of days in the billing cycle and the periodic rate to obtain subtotals, 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 "Prime 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 mif11mum payment The ANNUAL PERCENTAGE RATE (APR) for purchases will vary and may be adjusted each billlng cycJe up to 12.24% above Prime Rate, but wiil in no event be less than 19.99%. Using this formula, the APR for purchases in the January 2000 billing cycle IS 20.74%, corresponding to a daily periodic rate of 0.05682% The ANNUAL PERCENTAGE RATE for custom cash advances will vary and may be adjusted each billing cycle up to 12.24% above Prime Rate, but will in no event be less than 19.99%. Using thiS formula, the APR for custom cash advances In the January 2000 billing cycle is 20.74%, corresponding to a daily periodic rate of 0.05682%. The ANNUAL PERCENTAGE RATE for cash advances is 21.99%, corresponding to a daily periodic rate of 0.06025%. 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 23.3%, corresponding to a daily periodic rate of 0.06384%; 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 APRs. CREDIT REVIEW: SPECIAL REQUIREMENT. You agree not to significantly increase your total unsecured debt. Your APR can increase (as explained above) based on a signifrcant 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. 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 Ihe cycle, do not begin to mcur 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 ln which such purchases may be repaid without incurring a finance charge. Fees. If your A~c~unt is a VISA Gold or GoI~ MasterCard Account, the annual fee is $35. For all other accounts the annual fee is up to $0. This annual fee will be charged to your Account in the fourth monthly billing cycle after the accou.nt IS opened and ~~ery twelfth mont~ly billing cycle thereafter. ",!e Will not charge an annual fee for the first fifteen billing cycles if you use your Account to make a purchase or take a cash advance In the first three bllltng cycles. We Will not charge an annual fee m any subsequent year if you have used your Account to make a purchase or take a cash advance in t.he preceding twelve billl.ng cycles. If yo~ close y?ur Account for any reason during the billing cycle in which the annual fee is charged, we will either credit your Account or refund 10 you the portion .of the annual fee which has been paid. We Will charge your Ac~ount $0 for: each Card you ask us to replace; each returned payment; each check you write on your Account that we return unpaid; ~a?h stop p~y~ent order o~ renewal of suc.h an order; each billing cycle. within ~~Ich your Account is delinquent (late charge); and each billing cycle within ,WhiCh your balance exce~ds your credltlme (overllm!t fee), even If your Account IS closed. If you request copies of billing statements 1hat 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; if y.ou do n~t cor:nPly with ~ny part of this Agreement; upon your death) ba.nkruptcy, or msolvency; If you do fli?t pay other debts w~en due; If a bankruptcy petition IS filed by or agamst you; or lfwe believe In good faith that you may not payor perform your obligations under this Agreement. If you are m 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 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 ~ecrea.se your cre~it Hne based on inf~rmation we obtained from you or your credit records. Your available credIt is normally the difference between your credit line and your Account balance (mc1udln.g transa~tlons mad~ or authOrized but no~ yet posted). If you send us a 'Iarge 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 wdJ not use your Account for, and we may refuse to honor, any transaction which would cause you to exceed your available credit. Promls~ 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 yourpermisslon), all other transactions and charges to your Account, and collection costs we incur including, bul notlirnited 10, 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 ~y law, we may cha.nge 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 Will apply to your entire Account balance from the effective date of the change. Changes will apply to balances that include items costed to ~ Account before the date of the chanae, and will apply whether or not you continue to use the Account. (Continued on reverse) (5846-0698) 5418275000404361 1523 015 ZSOl ""~.~~".,." -- ;; ._~ .".~7, Foreign Exchange/Currency Conversion. .If you use your Card for transactions in a currency other than U:S, dollars, the transachons will be converted to U.S. dollars, generally using either a (i) government-m~teGi-Fiol!e or (II) wholesale 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 oe 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 may cancel your credit privileges at any time by notifying us In writing and destroying the Card(s) Upon the Card expiration atlhe end of the month shown on it, we reserve the Tight not to renew Ihe Card We may cancel the Card and your credit ~Tlv\leges <i~ any lime atler 30 days notIce 10 you, or Without notIce IT perml\1ed by law, If your Card 15 cancelled or no: renewed, finance charges and other fees 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 terrlllrlale 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 10 you Pe(sonal 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 our request, you Will provide us additional financialmformatlon. We reseNe the right to obtain Information from others, mcluding credit reporting agencies, and to provide your address and Information about your Account to others. We mav also share Information With our affiliates, However. vou may write to us at anv time ins-tructme us not to share credit information 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 reporhng agencies. CU$tomer Service,; Unauthorized Use, Loss, or Theft of Checks or the Card. Each Card musl be s'lgned on receipt. You are responsible for safeguardmg the Card, your Personalldentificaflon Number ("PIN", which provides access to Automated Teller Machines) and any checks Issued to you from theft, and keeping your PIN separate from your Card. If you discover or suspect thaI 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 notify us by calling 1-800.933-7221. So we can Imrnedlately act to limit losses,and liability, 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 S50. If you report or we suspect unauthorized use of your Account, we may suspend your credit priVileges until we resolve the problem to our salls faction 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 seNice and security, you agree that your calls may be monitored or recorded. Merchant Relations. We will not be liable 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 senJlces purchased wilh Ihe Card or checks except as requ'lred by law, (See Special Rule below,) Certain beneflls that are available w.,th the Account are provided by third-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 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 spedflc \Ilformalloll about the 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 ora! stop payment order in writing. We mav dlsreaard your oral order if we do not receive a sianed written confirmation within two weeks after the oral order, or if we have not received an adequate description of the Item so that payment can be stopped. The order will not be effective if the check was paid by us before we had a reasonable opportunity to act on the order. We may, without hability, disregard a wri1ten stop paymen1 order six months atler receIpt unless It is renewed in wri\mg. Standard of Care. Because this Account involves both credit card and check transactions which are processed through separate national systems before the transactions are consolidated by us, and because not every check and Card slip will be sent to us, transactions In your Account will be processed mechanlcaJly without our necessarily reviewing every item. Our processing system will call our attention to certain items whIch we wlll examine. We wilt examme all transactions when you report that your Card or checks have been lost or stolen. We do not intend ordinarily to examine all items, and we will not be negligent if we do nol 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 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 aoree to check vour monthlv statements aaainst vour record and to no\Ifv us Immedia\e\v of an\[ unauthonz.ed transactIons or errors. Wail/er 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 notice of dishonor; any applicable statute of limitations: and any fight you may have to reqUire us to proceed against anyone before we file suit against you. Applicable Law; Severability; Assignment. No matter where you INe, 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 all~ed 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 of 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 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 jf permitted by law, cancel the Card and your Credit privileges. We may transf.er or assig~ our right to all ~r some of your payments. If state law requires that you reCeive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financrng 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, ~hl~h period shall start upon mailing. 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 Us in Case of Errors or Questions About Your Bill. If you think your bill is wrong or if you need more information about any transaction on your bill, write us on a separate sheet, at the address listed in the BiUing 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 us, but doing so will not preseNe your rights, In your leiter, 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 informalion, describe the item you are not sure about. Your Rights and Our Responsibilities. After We Receive Yo!.!r Written Notice. We mus! acknOWledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correcl 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 you 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 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 financecharges, and you will have to make up the missed 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 fal! 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 telhng us that you still refuse to pay, we must tell anyone ~e report you to that ~ou question your bill. And, ,!,e must tell you the name of any?ne we reported you to, We must tell anyone we report you to that the matter has been settled 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. Spe~ial R~le for Credit Card Purchases. If you have a prob.lem with the quality of the property or services that you purchased with our credit card and you have tried in good faith \0 correct the problem With th.e merc~a~t, you may not have .to pay the ~emalnlng amount due .<?n the goods or services. There are two limitations on this right: (a) you must have made the purchase in your home state, or If not WIthin your home state, wlthm 100 miles of your current mailing address; and (b) the purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. \lOOZ \;; - 't\3j ~~ " . .'. ~-~ .O_I"=_'~ . <7""f'-",-y- , ' >__."',~ I!Il!lIfr~_'_"~~_ I '~I'"" -<<l ~ ~ ~ -t 0 0 0 (= 0 ,., 0) .~ ~ s-;-: ~ ....-t 0 ~g} ~,~ ~ ::~-n VJ 6 :=u ;;;:::::: 8 C ~~:-~ CD i'~~ ~ ~ CJ I I <...::'--' -0 "'j. f'- J;C) ~- ~~~ 8 l:J ~ ~:::c} W ani (j ~'C: j z: ~-I 1'0 :r~ =< ::0 'D -< - < '-~Lf r>~.~~I~P~~~I~~F!;!Qll1:iI$Ii~~~"'!lfliffl1ft:l!~~t~i~~; SHERIFF'S RETURN - REGULAR CASE NO: 2000-01959 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS LIV~RMOR~ DAVID g BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LIVERMORE DAVID S the DEFENDANT , at 0014:44 HOURS, on the lOth day of April , 2000 at 124 TIMBER LANE SHIPPENSBURG, PA 17257 by handing to DAVID S. LIVERMORE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 12.40 .00 10.00 .00 40.40 So Ans~. A d.4 ~. ~~'f'~! R. Thomas Kline Sworn and Subscribed to before 04/12/2000 'ARK LAW ASS~n ~_ fl By: ~~~~) . Deputy Sheriff il me this /?~ day of ()~ AD r2./nJRR. _ ~ . P othonotary , .,-. II Ii [1 II Ii Ii I'; I'-! " Ii ,i " I' 11 11 I' :1 r[ I, I,;' [-I :'1 I'>, ~ - . '. 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff VS. DAVID S LIVERMORE Defendant NO. 00-1959 PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the said Defendant in accordance with the Agreement for Judgment attached hereto, and assess damages as follows: AMOUNT OF JUDGMENT ATTORNEY'S FEES Plus interest from 12/16/99 to 05/31/00 LESS PAYMENTS TOTAL $ 3,378.98 $ 675.79 $ 316.77 $ 131. 00 $ 4,240.54 plus costs I certify that I have enclosed a copy of this Praecipe to be mailed to each other party who has appeared in this action or to the attorney of record. RESPECTFULLY ~ VAIa-~LUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF AND NOW, ~ ){J . ~p ~ is entered as above. , ...:)no?'1 ~st. 01fl.--h )<~ R THONOTARY Judgment THIS IS AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. . -,~-,,"-"-~""-::~'?:-"''!'Y''~'',r: ,-,~ ";,,,:{,,~,~,,,-_, f""- ,,' --- __" .'''-_ -':'" . _,r..u .',' - -.J Ii ,I :1 Ii " ~I l'I [I " 'I ! -( " 1 i I :j , 1 I 1 :1 'I :1 .\ 'I ~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 ERIE COUNTY COURT OF COMMON PLEAS VS. DAVID S LIVERMORE Defendant NO. 00-1959 NOT ICE 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: Judgment by Default Money Judgment Judgment in Replevin Judgment in Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings X Judgment by Agreement IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: PARK LAW ASSOCIATES, P.C. at this telephone number: (215) 348-5200. PROTHONOTARY: N a.-h;)2~ THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. , .,,,~<~.. -< - . 0-:'-- -. ':'~-"'}""';-."',-/"'''''-J, ""'~'~" ,.?'".., ,,\.., ~_? ",_.' ,- -' ". , ~'-'-' r__..~'..., '-... .,- .. 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 CL~BER~~~ COUNTY PROVIDIAN NATIONAL BANK Plaintiff VS. DAVID S LIVERMORE Defendant NO. 00-1959 AGREEMENT FOR. ENTRY OF JUDGMENT AND NOW, this !2 7 day of ~ , 2000, it is hereby agreed between the parties that Judgment be entered in this action in favor of Plaintiff, PROVIDIAN NATIONAL BANK, and against Defendant, DAVID S LIVERMORE, for the principal amount of $3,378.94 plus interest at 20.49% from 12-16-99, until judgment is entered plus attorney fees of $675.79, less payments of $61. 00 plus court costs. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE Attorney for Plaintiff ~ 4i1-~ DAVID S LIVERMO Defendant . 'c'' -, 1 ",.', <_'~r'" _ . ""-"c ,_~ ,_,_"'_ ''-! ._< . ,,_ -'": :.-.,- . , 1__ 1,- ,_~,_,,_, ", or'_" c","-' -~, r#ft; ~, _~,_~. _~o " I' t'R~~ ~~~f:V 3 ~ ~ i- $ "~ C) c:: $: "1:Jm 2m", :1:1 Zr;;' ~Z 1:<0 J>C) ~O )>c: ~ Illlfl o o c.... c: Z I U1 o -,.., ::::1 n~f11 -'""'\rn :'J? Or ::-j:;,~ Qf5 arrl ~.'i ~ -u ::>: ~ ,=> r- ,.~ ~,_ "_I!'I"l~I~ ___","_..,.,_rH'__'!'7"", .. p ,~~