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HomeMy WebLinkAbout00-02489 , 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, TONYA L BLAI S NOTICE NO, 00 -':Npt CiUL'l '-r~ Defendant 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. ,-><_""C_ :->"-.~'i 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#:4428472456201141 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS TONYA L BLAIS 20 REGENCY WOODS N CARLISLE, PA 17013-9059 DEFENDANT NO. (i1J . o?- 'f F1 ~ 7:i.-- CIVIL 11<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, TONYA L BLAIS, is an individual who resides at 20 REGENCY WOODS N, CARLISLE, PA 17013-9059. 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 ~. " "-"~j' ~ , '<- ,'W;-'.,-' "-","~"'~""""",,.i"'~ '-C~, ~,.,,"~- ~ .,~,", ".';;;;C", 'A; <,;, ;,'-~';\ "'-,--,.jl owned by the Plaintiff bearing account number 4428472456201141. 4. The Defendant requested an account, account number 4428472456201141, 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 $9,041.82 as of 01/05/2000, plus pre-judgment contractual interest at the rate of 23.30% 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 $1,808.36, WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $9,041,82, plus pre-judgment interest at the contractual rate of 23.30% per annum from 01/05/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,808.36, 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 $9,041,82, plus pre-judgment interest at the contractual rate of 23,30% per annum from 01/05/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,808,36, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERIE OSENBLUTH 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, ..,- .~j. - " .C' _ " -, , , I, VERIFICATION ~ATHEI1 KCCI1r:MA~~ , 8eclare that as of January 27, 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 Designated Agent lt~PROVIDIAN ,-.,' Financial ""'<eXfUaJ'r .. ProVldtan National Bank VISA@or MaslerCard@ Accoun~ Aweemen1 for T onya L Blats ,january 27. 2000 b :Ii Jl ....".. ......... 'If .,., . , Please review thIs document and keep it with your other Important papers. This Account Agreement contains the terms which govern your Provldr8n National Bank VISA or MasterCard Account (the "Account"] The Account allows.you to make purchases by using your VISA or MasterCard card (the "Card") wherever IllS honored and to get cash advances from us or any other participating financlalrnslllullon and from Automated Teller Machines Convenience checks may also be provided 10 you as an additional way to use the Account. In this Agreement, "you' and "your" mean each person for whom we have opened a credit card Account. "We," "our," "ours," and "us" mean ProvTdlan National Bank or Its assignees, as listed on your billing statement The Account may be used onty for personal, family, household, and charitable purposes, and not for any bUSiness or commerCIal purpose. Any use of this Account shalt constitute acceptance of Ihe terms of this Agreement You and we agree as follows Payments. You will receive a month~1 statement showing your outstanding balance, Payment on this Account IS reqUIred in U,S, dollars (checks musl be payable at a U,S, office of the bank the check IS drawn on) for at least the paymenl due as shown on your statement by the payment due date in accordance With payment mstructions 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 10 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"k of the new balance shown on your statement plus the amount of any past due payment, and may mclude the amount by which the new balance exceeds your credit hne However, the payment due will not be less than 515 (unless your new balance IS less than 815, In which case the payment due Will be the amount of the new balance), If your Account IS past due or above lhe credIt line, we may require a hl~her minimum payment, but we Will nolt~/ you before doing so. If your paymenlls more than the payment due, it will be treated as a Single payment and none of It WII! be applied to future payments due, We may accept late or partial oayments, or payments marked 'paTd in full" or marked With other restrictions, Without lOSing our nght 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 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 optional services~one-or rrrore 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 C2sh advance transaction fees t\ny payment amount we receIve that exceeds the f1nancia charges and fees then due will ordtnarily be applied first to the Baiance with Ihe lowesl Annual Percentage Rate (APR), until thai Balance IS zero, and then to the Balance With the next lowest APR, unhl that Balance is zero, and then to any remalDmg Balance. We reserve the nght to apply payments differenlly without further notice The Purchase, Custom Cash Advance, and Cash Advance Balances are reduced by payments as of the date received, and by credlts as of the date posted, Purchases are included In your Purchase Balance as of the date made. Custom cash advances are included In your Custom Cash Advance Balance as follows: Funds electronicallv transmitted to other lenders to transfer balances, as of Ihe 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 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 billmg 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 ail 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 wlthm the billing cycle. In calculating finance charges, an adjustment Will be made for any transaction orpayment that would have affected the finance charge c~iculatlon in a prior billing cycle had it been posled In lhat cycle, The applicable daily periodic rate for such a transacl10n will be the rate In effect for the current billing cycle rather than the rale 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 10 obtain subtotals, and then add the subtotals together to determine your tolal finance charges on balances for the billing cycle If a cash advance transaction fee IS charged, that amount is also a finance charge The lerm ','Prime Rate" as used in the Agreement means the highest prime rate published in the Waif Street Journa{ 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 arrange to have a variable rate (not below 5.9%) for purchases which is lower Ihan the lowest non-introductory ANNUAL PERCENTAGE RATE (APR) you are paying on any of your other credit card or retail 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 in the billing cycle followmg our review of your oroof, but nol earlier than the end of your courtesy penod. Until your new APR takes effect, or if we do not receive proof of your lower APR, your APR for ourchases Will be as follows: The ANNUAL PERCENTAGE RATE (APR) for purchases wTiI vary and may be adjusted each billing cycle up to 7.65% above Prime Rate, but Will In no event be less than 15.9%, Using this formula, the APR for purchases in the Janua!)' 2000 billing cycle is 16,15%, corresponding to a daily periodiC rate of 0.04425%. You can arrange to have a variable APR (not below 12.9%) for custom cash advances that IS lower than the weighted average of the non-introductory APR you have been paying on the tolal balances you have transferred from other credit card, retail, and Installment accounts prOVided your other accounts were open In Janual)' 2000. in calculating thiS APR we, WIll take into account the APRs on the credit account balances you have transferred from other lenders. ThiS APR IS available only if you provide proof, in the form of copies of your most recent bitltng statements, shOWing your other non-mtroductory APRs, Your new APR will be variable, based on Prime Rate,and will take effect in Ihe billlng 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 0.06384%. The ANNUAL PERCENTAGE 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 wi!! not exceed 18.9%, corresponding to a dady periodic rate of 0.05178%; and the APR for cash advances and custom cash advances may increase, but will not exceed 23.3%, corresponding 10 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 explamed above) based on a significant increase in unsecured debt, if your total unsecured debt and your total unsecured debt with other lencers 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 the cycle, do not begin to Incur a finance charge until the start of the next bIlling cycle. You w[ll 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 Accoun.t $0 for: each Card you ask us \0 replace; each returned payment; each chepk you w~lte 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 (overhmit fee), even if your Account is closed. If you request copies of billing statements that were first sent to you more than three months earlier, we may charge a handling fee of 52 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. Default You will be in default if any information you provide,d us proves tobe incompleteo~ untrue; if you do nol 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 petition [S filed by or against you; or If we beheve in good faith that you may not payor perform your obligations under thiS Agreement. If you are in defau!l we may, without further demand or notice, cancel your credit pnvileges, declare your Account balance immediately due and payable, and use any remedy we ~ay have. In the,event of your default, the outstanding balance on your Account shall conlTnue to accrue mterest at lhe APR(s) disclosed in the Finance Charges section of thTS Agreement, even If we have filed suit to collect the amount you CNle, Credit Line. _Your credit line is specified from time 10 time in a separate notice. Your monthly statements show your credit line and the amount of your available credit. We may increase or ~ecrease your credit line based on information we obtained from you or your credit records. Your available credit is normally H1e difference between your credit line and your Account balance (mc/uding transactions made or authorized but not yet posted}. If you send us a iarge payment check, we may Irmrt your, avarlable credit whrle we confrrm that the check will dear. For certain transactions, available credit may be less. You will not use your Account for, and we may refuse to honor, any transaction which would cause you to exceed your available credit. Promise to Pay. You promise to pay us when due all amounts borrowed when you or someone else use your Account (even if the amount charged exceeds your 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 your reasonable attorney's fees and court costs,) (Confinued on reverse) (5846-0698) 4428472456201141 0730 079 Z5()1 "" '" , . H ....", Changes. After we provide you any notic~ 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 this Agreement, t~new ~nce 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 lh'e aatetififle chanoe, and will apply whether or not you continue to use the Account Foreign Exchange/Currency ~onversion. If you use your Card for transactions in a curr~ncy ot~er than U,S dollars, the transactions will be converted to U,S, dollars, generally using either a (I) g~vernmenl-mandated rate or (II) wholesa.e market rate In effect the day before the trans'actlon IS plOcessed, ,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 may cance!your credit prIVIleges at any lime by notifying us In writlng-and destroying the Card(s), Upon the Card exp,lralion at the end of the month shown on It, we reseNe the right not to renew the Ca~d. We ma.y cancel the ~ard and your credit privileges at ,any time after 30 days notice to you, or without notice If permitted by law, If your Card IS cancelled or not renewed, financ,e c~a.rges and ?ttier 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 terminate your credrt prlvll~ges, 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 Personallnfo~matio.n; Docum.e.nts. y'ou~ill provide us at least 10 days n~lice if you ~hange your name, home or mailing address, telephone numbers, employment or income. Upon our request, you will proVide us additional finMClallnformallon, .We reseNe the. right to obtain information from others, including credit reporting agencies, and to provide your address and Information about your Accountt? ot.hers, We m~v alS!! share information With our affiliates. However vou mav write to us at anv lime InstructinG us not to share credit Information with our affiliates If you do not fulfill your obligallons under thiS AjJ"eement, a negative credit report that may refiect on your credit may be submitted to the credit reporting agencies Customer Service; Unauthorized Use, lAss, 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 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 that your Card, PIN, or any unused checks ,ar.e!tiJst or stolen, or that there may be an unauthonzed transaction on your Account, you will promptly notify us by call[ng 1-800.933.7221,. So we can Immediately act to limit losses and liabillly,. you will phone us even though you may also notify us in writing. Your liability for unauthorized use occurnng before you notify us IS limited to 550 If you report or we suspect unauthorized use ofYGJil( Account, we may suspend your credit privileges until we resolve the problem to our satlsfaclion or Issue you a new Card, If your Card IS lost or stolen, you will promptly destroy all checks .nyour possession, To improve customer service and security, you agree that your calls may be monitored or recorded Merchant Relatio~s. We will not ~ liable if any person or Automated Teper 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 seNlces purchased With the 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 the qoolity, availability, or results of any of the seNices you choose to use. Stop Payment Orders. If you wish to step 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 caltmy the number listed an your statement. When you make a slop payment order, you must proVide your Account number and specific information about the check" the exact arryount"the date an the dleck, the name of the, party to whom it was payable, the name cif the person who signed it, and the check number. You will be asked to confirm an oral stop payment order In writing. We mav disreaard vour 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 coo be stopped. The order will nbt be effective If the check was paid by us before we had a reasonable opportunity to act on the order, We may, Without liability, disregard a wntten stop payment order SIX months after receIpt unless It IS renewed in writing. Standard of Care. Because this Account rimlolves 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 slp 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 wdl examine. We will examine all transactIons when you report that your Card or checks have been lost or stolen. We do not intend ordmarlly to examine all items, and we will not be neg1tgent 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 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 vour monthlv statements aaainst vour record and to notifv 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 to enforce it or any other prevision 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 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 nct 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 c.onsider that provision modfied to conform to applicable law, and the rest of the provisions in the Agreement Will stili 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 wllh any such provision or its enforcement, we may, after at least 30 days notice to you, or without notice if permitted by law, cancel tile Card and your Credit pmileges. We may trans1eT or assign our right to all or some 01 your payments. 11 state law requires that you recei\le 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 Agre~ment 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 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 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 us, but doing so will not preseNe your rights. In your leller, give us the following information: n Your name and Account number. .- The dellar 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 cor~ected 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 questl.on, or report you as deitnquent. W~ can continue tc 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 lfwe didn't make a mistake, you may h~v~ 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 of the amount you owe and the date that. It IS due, If you fall to pay the amount we think you owe, we may report you as delil"lquent. However, if our explanallon does not satisfy you and you write 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 tell you the name of anyone 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 Special Rule for Credit Card Purchases. If you have a prob.le.m with the quality of the property or seNices that you pur~h~s~ with our. cr~dit card and you have tried in good faith to ~orrect the problem with the merchant, you may not have to pay the remaining amount due on the goods or seNlces. There are two limitations on thiS fight: (a) you must haye, m~de the purchase ~n your home state, or if not within yeur home 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 seNices. 1!;~Hllii.lWli'li~OJ;i~iI1P"",y,~~~~1i!ffi~~&liw;,~,,~liiii''''~,W~.,,:,~;j.a&!liIoli/t~.~ia; < ~~~~~_.-~<~-" - --~~~iI,~ ~' i . . . /}:) ~ -:t ~ (') CJ- ;,] i ~ CJ 8 \i .vi .Vt.. ~ :-;-:1 B ;=g ?:: '., ~ :0 " ~ %-". ~ ~ (,'1 ".J ::"l.j C) --0 -< _.:.-(:~) r. <.... -0 ~ ~ ?f- ~~< ---ri ~ V .:/5 ?:: ~ j;='-' t'J ~,:\:T! C L :...) . --'I :D 1 -< \0 -< ~,~ - .. "',"p.. .'", ~.. . ~, " ." , . ~ ,,"- , - ,,~.. . . . ,- - ," '.', SHERIFF'S RETURN - REGULAR CASE NO: 2000-02489 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS BLAI S TONYA L RICHARD SMTIH , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within CIVIL ACTION was served upon BLAIS TONYA L the DEFENDANT , at 0014:29 HOURS, on the 26th day of April 2000 at 20 REGENCY WOODS NORTH CARLISLE, PA 17013 by handing to TONYA L, BLAIS a true and attested copy of CIVIL ACTION together with NOTI CE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18,00 3,72 .00 10.00 ,00 31.72 ~~AA~~/ R, Thomas Kline 04/27/2000 PARK LAW ASSOCIA Sworn.'and Subscribed to before By: methis f~ day of h ~ .AD .. ,a i..; ~If' . Prothonotary' . . 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, TONYA L BLAIS Defendant NO. 00-2489 SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: Kindly note that it has been suggested that the Defendant in the above-captioned matter has filed a petition of Bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania filed on OS/27/00, docket #0002313, PARK LAW ASSOCIATES, P.C. BY: VALER ROSENBLUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF '1;."'~"'" ,,,; "'''_010III''";' ] J],_"" "'"_ .~ ..c., ~=~~ "~"' . c ~^~, '?'""," ..~'c' ~"iWiIi~M .~-;: >,'-.- '~,"-,,' . -" -. -.,' "~''';--'M' , '-~ ., ",- "'"""~" 00 .> (i 0 0 ~ C:> ~';1 t_ .--; -on; c:: ~";'l~': nlf"1"1 -;.~ 7-:IJ \ <1\:Q ~~~~:. u:> ~3':L, ~o ...i':;::', "" c: ~i'~ %X ;3: '20 :Pc r.a brn .:c.j Z. r.J> ..".. :< .r::- ~ ll'