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HomeMy WebLinkAbout00-02830 , 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. LARRY L SHUGHART Defendant NO. CO - .:<,;>JO Ct;"~(Y~ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or 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. 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#:4428670660318086 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS LARRY L SHUGHART 920 FOREST CT CARLISLE, PA 17013-4222 DEFENDANT NO. tf1J- ;;..930 ~ ...,-~ 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, LARRY L SHUGHART, is an individual who resides at 920 FOREST CT, CARLISLE, PA 17013-4222. 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 "- ~" --"~" "' -,,-. - . ;". ~ - ~,,-,~;--~"i' =,_ "."C'-,;"" -'-'"',~_,~ '.,..1- "~.>-'--- ,",,",- "~,,"'~,';" , owned by the Plaintiff bearing account number 4428670660318086. 4. The Defendant requested an account, account number 4428670660318086, 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 $5,468.75 as of 03/22/2000, plus pre-judgment contractual interest at the rate of 7.99% 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 $1,093.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $5,468.75, plus pre-judgment interest at the contractual rate of 7.99% per annum from 03/22/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,093.00, 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. '"'"' ,,-, ',y-I '-"., ,t'- <<>.,_ -"-,, ,- ,,_'_-"'_ -" ,';.:.c:-:i.<c'- ,,'.-i_,';c-'~ h , ,,';';<.;;. 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 $5,468.75, plus pre-judgment interest at the contractual rate of 7.99% per annum from 03/22/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,093.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERI 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 ... I I, VERIFICATION IUI1NIC,a, YANKOWSKI , declare that as of January 6, 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. ~r~ Designated Agen ~:f;~ ~PROV{o{AN Financial Providian National Bank VIS,I\@or MasterCarC@ Account Agreement for Larry L Shughart November 29, 1999 I A- I Please review this document and keep it with your other important papers. Ihis Account Agreement contains the terms which govern your Providian Nalional Bank VISA or MasterCard Account (the "Account"), The Acco\,Jnt allows you to make purchases by using your VISA or MasterCard card (the "Card') wherever it is hOnored and 10 gel cash advances from us or any other parhdpaling financial institution and from Automated T elter Machines, Convenience checks may also be provided to 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 Providian NationaJ Bank or its assignees, as Jisled on your bj))jng statement. The Accounj may be used only for personal, family, household, and charitable purposes, and not for any business or commercial purpose. Any use of this Account 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. dollars (checks must be payable at a U,S, office of the bank the check is drawn on) for at least the payment due as shown on your statement by the 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 affWates, The payment due will be: 2% of the new balance shown on your statement plus the amount of an~ past due payment, and may include the amount by which the new balance exceeds your creclit 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 tine, we may reqUire a higher minimum payment, but we will nolifY you before doing so, If your payment is more than' the payment due, it wi!! be treated as a single payment and none of it will be applfed to future payments due, We may accept tate 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 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 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 services; one or more Custom Cash Advance Balances, which consists of balances that you transfer 10 your Account using balance tl'!3nsfer 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 wnt ordinarily be applied first to Ihe Balance with the 10weSl Annual Percenlage Rate (APR), until that Balance is zero, and then to the Balance with the next lowest APR, until that Balance is Zero, and then to any remaining Balance. We reserve the right 10 apply payments differently without further notice. The Purchase, Custom Cash Advance, and Cash Advance Balances are reduced tt.; payments as of the date received, and by credits as of the date posted, Purchases are included in your Purchase 8alan.t;;e 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 date transmitted; checks to transfer balances, as of the date presented to us. Other cash advances are includ\';!d 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 10 you that are identified as cashier's checks and mailed to you at your request, as of seven days after the date we print on the check; all other checks, as of the date presented to us. Other debits are included il1 your Purchase, Custom Cash Advance, or Cash Advance Salance as of the date posted. Finance charges are added to your Purchase, Custom Cash Advance, and Cash Advance Balances each day and are then pasted on the last day of the bi11ing cyclet 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 all credits for the current day and multiply the ne! 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 :2:ero, We determine the total finance charges on balances for the_b11ling cycle 'r:Jy 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 da~Ee!iodic rate for such a transaction will b~ th~. ~~ in effect for the current biUlng cycle rather than lhe rate in effect on the date of the transaction Your statement includes an average daily balance for each type of Balance. You can multiply each average daily balance that is not zero by the number of days in the billing cycle and the periodic rate 10 oblam s_oototaJs, and then add the subtolals together to determine your lotal finance charges on balances for Ihe bUHng cycle. If a cash advance transaction fee is charged, thai amount is also a finance-charge, The ANNUAL PERCENTAGE RATE (APRJ for purchases is 7.99%, corresponding to a daily periodic rate of 0.02189%. You can arrange to have a variable APR (not below 7.99%) for custom cash advances that is lower than the weighted average.of the non-introductory APR you have been paying on the total balances you have transferred from other credit card, retail, and installment accounts provided your other accounts were open In November 1999, 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 billing statements, showing your other non-introductory APRs. Your new APR win be variable, based on Prime Rate and will take effect in 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 21.99%, corresponding to a daily periodic rate of 0.06025%. The ANNUAL PERCENTAGE RATE for cash advances is 21.99%, corresponding to a daily periodic rate of 0.06025%. If your payment is received tate 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 m_iW Increase, but win not exceed 19.8%, corresponding to a daily periodic rate of 0.05425%: and the APR for cash advances and custom cash advances may increase, but wiU not exce€:d 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 RE:\tIEW: 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 de.bt, if your total unsecured debt and your total unsecured debt with other lenders each increases by more than 55,000 and your annual household income is less than four times your iotal unsecur.ed debt. Grac1;l Period for Purchase Balance. New purchases posted 10 your Account in billing cycles with no previous balance, or when the previous balance was fully paid during the cycle, do not begin to incur a finance charge until the start of the next billing, cycle, You will pay no finance charge on such new purchases if you pay the total new balance in full by the payment due date shown on your statement New purchases posted in any other billing cycle incur a finance charge, and there is no period in which such purchases may be repaid without incurring a finance charge. Fees. We will charge your Account $0 for: each Card you ask us to replace; each returned payment; each check you write an your Account that we return unpaid; each stop payment order or renewal of such an order; each biWng cycle within which your Account IS delinquent (Jate charge}; and each billing cycle within whlch your balance exceeds your credit line (overlimit 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 S2 for each such copy, A cash advance fee- of 3% {mmimum $5), whICh is a FINANCE CHARGE, may be charged for each cash advance lransacJion made on your Account There is no Jransaction fee for a balance you transfer or have transferred to this Account unless you transfer it to another lender within 12 months after the balance transfer posts to this Account. In that case a transaction fee of 3% of the iilmount you transferred to this Account will apply. This transaction fee, which is a FINANCE CHARGE, also applies to balances you transferred before the date of this Agreemenf if the fee was disclosed to you at the time of those transfers. Default You will be in default if any informallon you provided us proves 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 not pay other debts when due; if a bankruptcy petition is filed by or against you; or if we believe in good faith that you may nol payor perform your obligations under this Agreement. If you are in default we may, without further demand or nolice, cancel your credit privileges, declare your Account balance immediately due and payable, and use any remedy we may have. In the event of your default, the outstanding balance on your Account snail conllnue 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 credi1 Ene is specified from time fo lime in a separale notice, Your monthly :>tatemenls show your credit Hne and the amount of your available credit. We may increase or decrease your credit line based on information we obtained from IOU or your credit records. Your available credit is normally the difference between your credit line and your Account balance (including lransactions made or au1horized but not yet posted). J you send us a Jarge payment check, we may limit your availabJe credit while we confirm that the check wjJJ clear. For cerlain 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 irthe amount charged exceeds your permission), ail other transactions and charges to your Account, and collection costs we incur including, but n011imlted to, reasonable attorney's fees and court costs. (If you win the suit, we will pay your reasonable attorney's fees and court costs, J 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 this Agreement, the new finance charge calculation will apply \0 your entire Account balance from the effective date of the change. Changes will apply to balances that include items casted to YQ..!!!:. Account before 1he dale of the chanoe, and will apply whether or not you continue to use the Account. Foreign Exchange/Currency Convers-ion. If you use your Card for transactions in a currency other lhan U.S. dollars, the lransactions will be converted to U.S. dollars, generally using eilher a (i) ""....aO:::7(!B"'I1'?1RI1Rf: 1531 2iG 7..56\ Jl..-I~ " ~- ~ ~ lII1wb government-mandat€~te ~) 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 be decreased by the same percentage. The currency conversion rale used on the conversIon date may differ from the rate In effect on the date you used your Card You agree to accept th'e converted amount In U.S. dollars The Card; C.anceiiation. You may cancel your credit privileges at any time by noti1)rirlQ us In writing and destroying the Card(s) Upon the Card expiration at the end of the month shown on it, we reserve the nght not to renew the Card, We may can~elthe Card and your credit privileges atany time after 30 days notice to you, or Without notice If permitted by law. If your Card IS cancelled or not renewed, finance c0a,rges and 9ther fees Will continue to be assessed, payments will continue to be due, and aU other applicable proVisIons of this Agreement wm remain in effect. If you terminate your credIt pnvlleges, 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. You ~ill provide. us at least 1Q.?aYs [1~tice if you ch~nge your name, home or mailing address, telephone numbers, employment or income. Upon our request, you Will provide us addll10nal financlallnformalron. .We r~serve the,nghtto obtam Information from others, including credit reporting agencies, and to provide your address and information about your Account t~ ot.hers, We m~v also share Informatl~n With our affiliates, However you may wnte to us at any time instructlno us not 10 share credit Information With our affiliates. If you do not fulfill your obligations under thiS Agreement, a negative credit report thai may reflect on your credit may be submilled to the credit reporting agencies Custome,f Se~ice.; Unaut.horized Use, Loss, or Theft of Chec~ or the Card. Eac0 Card must be signed on receipt. You are responsible for safeguarding the Card, your Personal Identification Number ( PIN, which provides access to Automated Teller Machmes) and any checks Iss.ued to you fr~m theft, and keeping your PIN separate from your Card. If you discover or suspect thai your C~rd, PIN, or ~n~ unused che~ks.are lost or,stolen, or that there may be an unauthorized transaction on your Account, you will promplJy notify us by calling 1.800-933.7221.- So we can Immediately act to hmlt losses. and ilabihty, you Will pnone us even though you may .also ryOtlfy us in writing. Your liablbty for unauthOrized use occurring before you notify us is limIted 10 $50. If you report or we suspect unauthOrized use of your Account, we may suspend your credit pnvlleges until we resolve the problem to our satisfacllon 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 service and security, you agree that your calls may be monitored or recorded Merchant Relatjo~s. We will not ~ liable if any person or Automated Te.ller 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 S8NlCes 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 b'j 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 specific information about the check: the exact amount, the date on the check, the name of the party to whom II 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 mav disreaard vour oral order if we do not receive a sihned written confirmation within two weeks after the oral order, or if we have not received an adequate description of the item so that payment car} be stopped. The order will not be effective if t e check was paid by us before we had a reasonable opportunity 10 act on the order. We may, Without liability, djsregard a written stop payment order six months after receipt unless it is renewed in writing. Standard of Care. Because this Account involves both credit card and check transactions which are processed through separate national systems before the transactions are consolidated by us, and because ~o\ every c~~ and C?Td slip ~m be s~nt to us, tr.ansacti?ns m your Ac~unt will be processed mechanically wilhout our necessarily reviewing fNery nem. l?ur pro~sing system will call our attention 10 certain Items which we Will examine. We will examine all transacllons ",hen you report that your Card or checks have been lost or stolen. We do nollntend ordinarily to examine all items, and we will not be negligent if we do not do so. This rule establishes Ihe standard of ordinary care which we in good faith will exercise in administering your Account. Because of our limited review, and because neither your cancelled checks nor Card transaction slips will be returned to you with the monthly statement, you should be careful to enter aU checks in your check register or 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 aoainst Your record and to notif.,t us immediatelY 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 a or any other provision later. You waive: the right to presentment, demand, protest, or notice of dishonor; any applicable statute of limitations; and any right you may have to require us to proceed against anyone before we file suit against you. 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 agreelTle(lt between you and us and may not be contradicted by evidence of any aU~ed oral agreement. If any provision of this Agreement IS held 10 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 increa$ed t~porting requirement, or other burden in connection with any such provision or its enforcement, we may, after at least 30 days notice to you, or without notice if permitted by law, cancel the Card and your Credit privileges. We may transfer or aS,sign our right to al,1 or some of your payments. If state law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the state's Secretary of Stale. Notices. Other notices to you shall be effective when deposited in the mail addressed to you at the address shown on our records, unless a longer notice period is specified in this Agreement or by law, which period shall start upon mailing. Notice to us shall be mailed to our address for customer 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 responsibiiities under the Fair Credit Billing Act. Notify Us in Case of !=!"ors or Questions About YO,ur 811(. If you think your bill is ~rong or if you need more information about any transaction on your bill, write ~s on a ~eparate sheet, at the address listed in the Billing Rights Summary on your bdl. 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 m'ust acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannol 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 wecan 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 aTe not ln question. If we find that we made a mistake on your 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~v~ to pay finance.charges, and you will have to make up the missed payments ~>n the questIoned a~ount In elth.er case, we wllI.send you a statem~nl of the ~m9unt you owe .and the date that,lt IS due. If you fall 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 wlll1ln 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you question your bill. And, we must teU you the name of anYl?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. Spec;sl Rule for Credit Card Purchases. If you have a prob.le.m with the quality of the property or ~ervices that you pur~h~se~ with our. cr~dit card and you have tried in good faith tb.~~orrect the problem with the merc~a~t, you may not have!o pay the ~emalmng amount due .~n the goods or services. There are!Wo limItations on thiS right: (a) you must haye, m~de the purch~,:te:~n your home state, or if not WIthin your home state, WIthIn 100 miles of your current mailing address; and (b) the purchase price must have been more than $50. These limitations do not;~pfy If we own or operate the merchant, or if we maIled you the advertisement for the property or services. ./ '\.~ ,..J"~\' (~.:. . ;jiiil;jd~"iilMit&li:l","ii!.1itiM'1!ii!'"d~...::lf.l:jffiYmij~~;;'~~'~''''~l'~~.~-';'''"'''~"- ~ ..........~~Ai\ll~A'iI~. ,- ~__"- - '<,: I I I . . , 0 C> 0 c: C> -n s: ::l: :I!,~ ""0 OJ ;... (-) ~ i mrn --< ,n" "1J Z;:r; ~i;) ZC I ~ S?~;: Ul ~ ~ ~ 0 [:::0 -,",V:l B ..;:;:- -0 J_ 8 (1 ~('+""'t :x Q ,so .0 <: )>c: ~ om Ir) 1-J I , ~ ':::> ~ ~ ...J V) cn )lJ -...0 -V ~ p::: - $ iiili,' . ~ , , -' , :..h.,~' ~I SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-02830 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS SHUGHART LARRY L R. Thamas Kline ,Sheriff ar Deputy Sheriff, who. being duly swarn accarding to. law, says, that he made a diligent search and inquiry far the within named defendant, DEFENDANT SHUGHART LARRY L but was unable to. lacate Him in his bailiwick. He therefare returns the CIVIL ACTION & NOTICE , NOT FOUND , as to. the within named DEFENDANT , SHUGHART LARRY L DEFENDANT NO LONGER RESIDES AT ADDRESS STATED, NEW ADDRESS: P.O. BOX 4681, HBG, PA 17111. Sheriff's Casts: Dacketing Service NOT FOUND RETURN Surcharge 18.00 3.10 5.00 10.00 .00 36.10 ~".: /,',.._" ".;..? -;;" ~----"~ R." Thamas Kline Sheriff af Cumberland Caunty PARK LAW ASSOCIATES 05/11/2000 Swarn and.'Sllbscribed to. be fare me this ;t'!'!:' day af ~ .2roiJ A.D. ~'i!h' D. 'h. .'P. J. .q;r a '.,anatary . ~- , i HEhEf: ~ '~'F'l"':!' :'L'H~'1~ '1l:H~. \AWfHir\J IS A TF'" ,., i";)')F,,G, ;:;oPY OF ON F!LE 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 ;;'j~ ),.~ 'r'"H P/\EK . ii! "'!iC,!..,T!'C;'.i:~-'--"- 'Iff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROVIDIAN NATIONAL BANK Plaintiff VS. LARRY L SHUGHART Defendant NO. ()O -~.nU C'uz(~~ 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 . ". TRUE COP'Y FROM RECORD In Testimony whereof, I here unto set my hand arid tile ~ said Court at Carlisle. Pa. ~ ~~n~~ay_ ~~;1~ THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATIO ~ED WILL BE USED FOR THAT PURPOSE. ';';"'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#:4428670660318086 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS LARRY L SHUGHART 920 FOREST CT CARLISLE, PA 17013-4222 DEFENDANT NO. 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, LARRY L SHUGHART, is an individual who resides at 920 FOREST CT, CARLISLE, PA 17013-4222. 3. The Defendant is indebted to Plaintiff on the credit account by virtue of tharges()r cash advances incurred 'by the De'fendant or" authorized by the Defendant on a credit card or line of credit - ~ - " owned by the Plaintiff bearing account number 4428670660318086. 4. The Defendant requested an account, account number 4428670660318086, 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 $5,468.75 as of 03/22/2000, plus pre-judgment contractual interest at the rate of 7.99% 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 $1,093.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $5,468.75, plus pre-judgment interest at the contractual rate of 7.99% per annum from 03/22/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,093.00, 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~ , ~- ....:td., 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 $5,468.75, plus pre-judgment interest at the contractual rate of 7.99% per annum from 03/22/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,093.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY~/\ __________- V ERIE RO~t;l\J8LUTH 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. ~. - '. .,,,.. / , VER;rFlCA.TION I~Rn!\j1!r;ti: YJ,\1f,IKnW~KI I, , declare that as of January 6, 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. ~J--I; Designated Agen -,-'~ .......' ,-" 'OI~ill" Providian National Bank VlSA@or MasterCarc@ Account Agreement for Larry L Shughart , . . November 29. 1999 A- I .:'~'- ------. 1 &~ 1i1~ PROYI DIAN ~"' '/ rtnal1Cla , . , Please review this document and keep it wilh your olher important p~lpers. This Account Agreement contains the terms which govern your Providian National Bank VISA or MasterCard Account {the "Acc.oun.n.. The Acco~nt allows you too make pu~chases by using your VISA or MasterCard card (the "Card") wherever it IS henored and to get cash advances from us or any other participating finanela/lnstltutlOn and from Automated Teller .Machlnes. Conv:me~ ch~~s m~ als~ be provided 10: you as ~n additional way to ~se the Account In this Agreement, 'you~ and 'your" mean each person for whom we ~ave opened a credit car.d Account. We, our, ours, and. US" mean Provldlan National Bank or Its aS~lgnees, as listed on your biUing statement. The Account may be used only for personal, family, household, and chantable purposes, and not for any bUSiness or commercial purpose. Any use of thiS AccOlJnt shall constitute acceptance of the terms of (his Agreement. You and we agree as follows: . Payments. You will receive a monthly statement showing your outstanding balance. Payment on this ~ccount is requir~ in U.S. d~(fars (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 paymenllnstructions on your monthly statement The back of your siatements shows the rules we follow when we p?st payments. Canvenren~e cheCKS and other checks we ISsue to you may not be IJsed to make payments on your Account or to make payments on any other a.ccount you have WIth us or our affiliate~. The payment due will be: 2% of th.e 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 ~redlt Ime. However, the P3Y,!,ent due Will not be. less I~n $1~ (~nless your new balance ,is less than $15, in which case the payment due will be the amount of the .ne~ balance). If your p:ccount IS past due or abov~ t~e credltll~e, we may require a higher mlmmum payment, but we.wdl 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 appJJed 10 future payments due. We may accept 1ale or partial payments, or payments marked "paid in fuJ!" or marked with other restrictjons, without losing our right to collect all amounts owing under thIS Agreement. Finance Charges: Except as described .in the Grace Period for Purch~se Balance section of this Agr~ent, finance charges begin 10 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 credit. Your Account has the follOWing balances: The Purchase Balance, Which consists of your existing Purchase Balance an.d new purchases you make with your Card and fees for certain optional services; one or more Custo~ Cash ~dvance 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 chal"9es and fees then due will ordinarily be applied first to the Balance with Ihe lowest Annual Percentage Rate (APR), unlllthat Balance is zero, and then to the Balance With the next lowest APR, untlllhat Balance IS zero, and then 10 any remaining Balance. We reserve the right to apply payments differently without further notice. The Purchase, Custom Cash Advance, and Cash Advance Balances .are redu~ed by payments as of the date received, and by credits as of the dale posted, Purchases are included in your Purchase Balance as of the dale 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 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 T elle~, as of the date made; cash advance checks made payable 10 you that are identified as cashie~s checks and mailed to you at your request, as of seven days after the date we print on the check; all other chE!Cks, 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 cnarge for each type or 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 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 ihe biAing cycle by adding together the finance charges for each type of Balance for each day within the biUing cycle. In calculating finance charges, an adjustment will be made for any transaction or payment that would have affected the fi.nance cnarge calculation in a prior billing cycle had it been pOlSted in that cycle. The applicable daily periodic rate for such a transaction Will be the rate in effect fodhe current biUing cycle rather than the rate in effect on the date of the transaction. ~- - - ..... ~ Your statement includes an average daily balance for each type of Balance. You can multiply each average daily balance that is not zero by the number of days in the billing cycle and the periodic rate to obtain subtotals, and lhen add the subtotals together to determine YOLlr total finance charges on balances for the billing cycle. If a cash advance transaction fee is charged, lhat amount is also a finance charge. The ANNUAL PERCENTAGE RATE (APR) for purchases IS 7.99%, correspondln9 to a daily periodic rate of 002189%. You can arrange to have a variable APR (not below 7.99%) for custom cash advances that is lower than the weighted average of the non.introductory APR you have been paying on the total balances you have transferred from other credit card, retail, and installment accounts provided your other accounts were open in November 1999. 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 provjde 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 in 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 21.99%, corresponding to a daily periodic rate of 0.06025%. The ANNUAL PERCENT AGE 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 19.8%, corresponding 10 a dally periodic rate of 0.05425%; 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 me! the terms of this Agreement for three months. If you contact us, we wi!) review your Account to determine your eligibility for lower APRs. CREDIT REVIEW: SPECIAL REQUIREMENT. You agree not to significantiy increase your total u~secured debt. Your APR can increase (as explained a~) b~ on a significant i~crease 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 balanc~, or when the previous balance ~as fully paid during the cycle, do not begin to incur a finance charge until the start ef the next billing cycle. You will pay no finance .charge on ~uch new. pu~has~ If you pay the total new bala~e l~ 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 Incumng a finance charge. Fees. We will charge your Account $0 ror: each Card you ask us to replace; each returned payment; each c~e:ck you writ~ ~n yo~r Account that we return unpaid; ~c~ stop paym,ent order or . renewal of such an order; each billing cycle within which your Account js delinquent ~ate charge); and each bllhng cycle w~thln whIch your balance ex~eeds your credit hne (overllmlt fee), even If your Account is dosed. If you request copies ofbiUing statements that were first sent to you more than three mont~s earlier, we may charge a handlff~g fee of$2 fo~ each such copy. A cash advance fee of 3% (minimum $5), which is a FINANCE CHARGE, may be charged for each cash advance transaclion made on your Acc.ount There IS no transaction fee f?r a balance you transfer or have transferred to this Account unless you transfer it to another lender within 12 months after the balance transfer posts to thiS Account. In that case a Ir~nsact!on fee ?f 3% of the amount you transferred to this Account will app.ly. This transaction fee, wnich is a FINANCE CHARGE, also applies to balances you transferred before the date of thiS Agreement If the fee was disclosed to you at the time of those transfers. Default. You will be in default: if any information yo~ provided us prov~ to.be incomplete o~ untrue; if y?U do n~t co~ply with ~ny part of this Agreement; upon your death~ ba.nkruptcy, or . insolvency; if you do not pay other debts when due; If a bankruptcy petItIOn IS filed by or aga.'nst. 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, without further demand or notice, cancel your credIt pnvlleges, declare your Account balanc~ Immed!ately due and payabl~, and u~e any remedy we IT!ay have. In the event of your default, the outstanding balance on your Account shall continue 10 accrue interest at the APR(s) disclosed 10 the Fmance 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 statem~nts show y~ur credit line an~ the amount of your avail~e>credif. We may increase or decrease your credit line based on information we obtained from (OU or your creditl"ecords., Your avaIlable credi.t I~ normally .the dlffere~ce ~etween your _cre_dlt hne and yo~r Account balanc7 {including transactions made or authorized but no! yet posted}. I you send us a large payment check, we may J!m!t yo~r avail~ble credIt while we confirm that the ch~k WIll c1~r, For certalfl transactions, available credit may be less. You Will not use your Account -for, and we may refuse to honor, any transaction WhIch would cause you to exceed your available credit. Promise to Pay. You promise to pay us when due al( amounts bol!OW~ whe~ you or so~~ else use your Accmmt {;ven if the amount charged exc~ yourpermis~ion}, aJlother transactions and charges to your Account, and conectlon 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 an~ add or remove requirements. If a .change is made to the Fi~ance ~harges section of this Agreement, the new finance charge calculation will apply to your entire A~count balance from the effectIVe date of the change. Changes WI" apply to balances that Include Ifems Dosled to Y.QW Account before the date of the chanae, and will apply whether or not you conllnue to USe the Account. ., . Foreign Exchange/Currency Conversion. If you use your Card for lransactions in a currency other than U.S. doilars, (he transactions will be converted to U.S. dollars, generally uSIng either a (I 1531 2' ~ Z51- .0 " ' ,. "~ ~ N_. . ~. .... .1__ ~,~ ,,' ~ ~ , I .~w__...".-_.....J-....",~",~....-"~~"........ . ~'-~liililioW~""'_"-<8~"_""''' goverr'lment-mandates"i'&te 9C4) wholesale market rate in effectt~e day before the transaction is processed, Increased by three percent (3%), If a credit is subsequently given for a transaction, it wl~j be decreased by the same percentage, The currency conversion rate used on the converSion date may ditfer from the rate In effect on the dale you used your Card You agree 10 accept the converted amount 1(\ U,S dollars The Card; C.anceilation. You may cancel your credit pnvileges at any time by nollfying us in writing and destroying the Card(s) Upon the Card expiration at the end of the month shown on II. we reseNe lhe flghl nollo renew the Card. We may cancellhe Card and your credll pnvileges at any lime after 30 days notice to you, or without notice If permitted by law. If your Card IS cancelled or nof renewed, finance c~a.rges and other fees will continue to be assessed, payments will conlinue to be due, and all other applicable provisions of thiS Agreement will remain in effect. If YOIJ terminate your credIt pnvlleges, or If we cancel or do not reneW the Card, you may no longer wnte checks on your Account, and you should destroy any unused checks we have issued to you Personal lnfo~matio.n; Docum.e,nts. You ~ill provide. ~s at least 19.days n?lice if you ?h~nge yOur T1ame, home or maIling address, telephone numbers, employment or income. Upon our reque~t, you wdl provide us addrholial finanClallnformallon. We r~serve the. right to obtain Information from others, Including credit reporting agencies, and 10 prOVide your address and information about your Account t~ ot.hers. We m~v also share Ir'\formallon With ~ur affiliates. However you may writ.e to us at any h.me InstructinG ~s not to: share credlllnformation with our affiliates If you do net fulflll your ob\\gatIQr\S under thiS Agreement, a negatl'lIe credit report that ma'}l reflect on your credit may be submItted to the credrt reportlng agencies. Custome,~ Se~ice.; Unaut.horized Use, Loss, or Theft of Chec~s or the Card. Eac~ 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 Iss.ued to you from lheft, and keeplr'\g your PIN separate from your Card. If you discover or suspect that your C~rd, PIN, or ~ny unused che~ks .~re lost or. stolen, or that lhere may be an unauthonz.ecItransactlon on your Account. you will promptly notify us by calling 1.800.933.7221. So we can Immediately act to limit losses,and lIabllily, you Will phone us even though you may .als~ ~ollfy us i~.writing. Your liability for unauthOrized use occurring before you notity us is limited to S50_ If you report or we suspect unauthOrized use of your Account. we,may suspend your credit pnvlleges 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 service and secuflty, you agree that your calls may be momtored or recorded. Merchant Relatio~s. We will nol ~ liable if any person or Automated Te.Her 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 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 quality, availability, Dr results of any of the seNices you choose \0 use. Stop Payment Orders. If you wish to stop payment on a check, you may send us a stop payment order by writing 10 us at our address for customer seNice listed on your statement. Y QU can make a stop payment order orally by calling the number listed on your statement., When you make a stop payment order, you ~ust provide your Account number and specific information about the check: lhe exact amount, the date on the check, the name of the party to whom It was payable, the name of the person who signed II, and the check number. You Will be asked 10 confirm an oral stop ~ayment or~r in writing. We mav disreaard vour oral order if w~ do not rece~e a .si~ned written conf!rmation within two weeks after the oral order. or if we have not received an adequate descnptlon of the Item so that payment can be stopped. The order WIll nol be effectIVe If t e chec_k was paid by us before we had a reasonable opportunity to act on the order. We may, without liability, disregard a written stop payment order six months after receipt unless it is renewed in Writing. StandClrd 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 ~ot every c~~k and C~rd slip ~ill be s~nt to us, t~ansacti~ns in your Ac~ount will be processed mechanically without our necessarily reviewing every item. Our processing system will call ouf attention to certall1lterns which we Wilt examine. We will examine all transactions \then you report that your Card or checks halJe been lost or stolen. We do not intend ordinarily to examine all items, and we will not be negligent if we do not do so_ This rule establishes the standard of ordinary care which we in good faith will exercise in administering your Account. Because of our limited review. and because neither your 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 monthly statements aaainst vour record and to notiiV us immediatelY of anv unauthorized transactions or errors. Waiver of Ce~in Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other prov'lsion later. You waive: the righllo presentment; demand, protest, or notice of dishonor; any applicable statute of limitations; and any right you may have to require us to proceed against anyone before we file suit against you. Applicable Law; Severability; Assignment. No matter where you live, this Agreement anq your Account are_governed by federal law and by New Hampshire law. This Agreement is a final expres$ion 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, yau 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 Ia>--;;:oteporting requirement, or other burden in connection with any such provision or its enforcement, we may, after at least 30 days notice to you, or without notice if permitted by law, cancel the Card and your Credit privileges. We may transfer or assign our right to all or some of your payments. If state law requires that you receive notice of such an event to protect the purcha$er or assignee, we may give you such notice by filing a financing statement with the stale's Secretary of State. Notic~. 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 Jaw, which 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 recEllVeil. YOUR alLLlNG RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your rights and our responsibilities under the Fair CreditBHling Act. Notify Us in Case of Errors or Questions About Your Bill. If you think your bill is ~rong or if you need more information about any transaction on your bill, write ~s on a ~eparate 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 thall 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 R~ive YOl.!r Written Notice. We m'us~ acknowledge your letter within 30 days, unless we have corr:ected the error by then.. Within 90 days, we must either correct the error or explam why we believe the bin was correc\. After we recewe your letter, we cannot Iry 10 collect any amounl you quesl1on, or report you as delinquent. W~ 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 obllgated 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 ~o pay any finance ~harge related to.any questioned amount. If we didn't make a mistake, you may h~ve to pay finance.charges, and you will have to make up the missed payments ~n the questioned a~ount. In elth.er case, we wlll.send you-a statem~nt of the ~m~unt you owe ?-nd the date that.lt IS due. Jfyou fall to pay the amount we think you owe, we may report you as delinquent. However, If our explanatron does not satISfy you and you write to us wllhm 10 days telling us that you stdl refuse to pay, we must tell anyone we report you to that you question your bill. And, we must tell you the name of any?ne we reported you,to. We.musttell 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 Credh Card Purchases. If you have a proble.m with the quality of the property or ~ervices that you pur~h~se~ with our. cr~t card and you have tried in good faith to.yporrect the problem with the merchant, you may not 'nave to pay \he remaimng amount due on the goods or servIces. There are two hmltatlons on thl5 nght: (a) you must haye. m~ the purch~e:~n your home state, or if not within your home state, within 100 miles of your current mailing address; and (b) the purchase price must have been more than $50. These limltallqns do not:'~p1y If we own or operclte the merchant, or if we mailed you the advertisement for the property or seNices. _\ ./ ,.' ~~, C. . '1;. ~ @5 l!:!!:!1 ~ , ' ~:1_m,,_" 0': _~"'f'I'lI1I!>> ,.,.~~. _All.\!! .nr.:<r-.\'fm1!I '0 F(:~ l_ eu; " ,!~ "l.:~ .' HErUFfF , "': ':'_'-~1T':r " !'-lZ:Y :} i-.' ~ . . -,<J ,,) '"', .~ , p_jTI~~_ JOO' _r,~~n~ , I!!~""""""",~,~,. - .~ ~ ~ ~ )llll'f!!"" '''...!!ll!liil! '" ,-I , -~, , -,., ~ ,< "'f, 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. LARRY L. SHUGHART Defendant NO. 00-2830 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 06-15-00, docket #0002642. PARK LAW ASSOCIATES, P.C. BY: ~_______- VALER SE LUTH P ,ESQUIRE ATTO FOR IFF "Iii .~~ ", ,---"..:', - __",,'.; /._~, ___'.,_._~_,__ _ ~^:--_",~~,,;;<c.._c-:~iri.,,,- ,. ,-;1.:;(. ," ~ I, ',= ",,~' o ~:: "L.lrn rnr~-'; Z t~=:_~_ !;:c '" ~:_,.;---, ~;::--.::.. ...,.:>>,=~ .-~ ~ .. '",.. - ~ = C' r_ r-=: n I_.f :,,,,) G': E. -,,; \0 j::) -<