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HomeMy WebLinkAbout00-02865 . ~. ',. --,.c.'"' ,_: , -~I , VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I,D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROVIDIAN NATIONAL BANK Plaintiff VS. BARBARA E NEIL EDWARD D FOX Defendant NO. <X> - .;;,pt..-S CiVLl/~ 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. ". ' '-,;",,:,- '''. k'-,~- ,.- ""-', - ;-'~";~ '.",,,, ~;, -~- b.<r I 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#:5497485002255158 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS BARBARA E NEIL 13 RITNER GDNS SHIPPENSBURG, PA 17257-9776 EDWARD D FOX 13 RITNER GDNS SHIPPENSBURG, PA 17257-9776 DEFENDANT ! NO. CIVIL ACTION (J1) - 2?~5' ~ ~ 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, BARBARA E NEIL, is an individual who resides at 13 RITNER GDNS, SHIPPENSBURG, PA 17257-9776, and EDWARD D FOX, is an individual who resides at 13 RITNER GDNS, SHIPPENSBURG, PA . ,- .P' .,"-, ---...;~::I I I I , I I , I I 17257-9776, 3. The Defendants are indebted to Plaintiff on the credit account by virtue of charges or cash advances incurred by the Defendants or authorized by the Defendants on a credit card or line of credit owned by the Plaintiff bearing account number 5497485002255158. 4. The Defendant requested an account, account number 5497485002255158, 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 "An and made a part hereof. 5. The Defendants have failed to pay the amount owed in accordance with the Account Agreement and have failed to pay the outstanding debt as agreed. 6. The Defendants are indebted to the Plaintiff in the amount of $2,205.86 as of 01/15/2000, plus pre-judgment contractual interest at the rate of 21.90% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $441.17. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendants in the amount of $2,205.86, plus pre-judgment interest at the contractual rate of 21.90% per annum from 01/15/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $441,17, 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 Defendants received a monetary benefit, which was in fact appreciated by the Defendants. 10. The Defendants accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendants 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 Defendants to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendants 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 Defendants in the amount of $2,205.86, plus pre-judgment interest at the contractual rate of 21.90% per annum from 01/15/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $441.17, less payments made, plus costs and any other such relief as this Court deems reasonable and just, PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, . OI/llmiiIlN',__j ! I i I I l i I ; " 1 I , 1 j I ~ ,. "n," -.-;." . VERIFICATION I, H~ATHt:R KOORt:MAN , declare 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 County, in Designated Agent ,. ~:~c,.,~ ,lit PROVIDIAN ',--..-- Firwndal Provld1an National Bank V.JSA@ or MasterCard@ ~JanuarY 28, 2000 ;:;,,:::,j'E'XHIBIT"j":" """"""""""lSr"""""'" ":::,::""%%" % "."..,.,',.' , -~~'~~1~ Please review this document and keep it with your other Important papers ThIs Account Agreement contams the terms which govern your ,rovl Ian a lona an lSA or MasterCard Account (the "Account') , The Account allows you to make purchases by uSing your VISA or MasterCard card (the "Card') wherever It IS honored ana to get cash advances from us or any olher participating financ12.J Inslltullon and from Automated Teller Machmes. Convemence 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 Provldlan Nahonal Bank or lis assignees, as listed on your billing stalement The Account may be used only for personal, family, household, snd charitable purposes, and not for any business or commercial purpose, Any use of ihls Account shall conslltule acceptance of the terms of thiS Agreement If the Account was opened as a jomt account, we may act on Ihe instructions of either Joint accounlholder You and we agree as follows: Payments. You will receive a m'onthly statement showing your outstanding balance. Payment on this Account is required in U$ dollars (checks must be payable at a U,S. office of the barlk 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 10 make payments on any other account you have with us or our affiliates, The payment due will be: 2% of the new balance shown on your stalement plus the amount of any past due payment, and may include the amount by which ihe new balance exceeds your credit line, However, the payment due Will not be less than $15 (unless your new balance is less than 515, m which case the payment due Will be the amount of the new balance), If your Account IS past due or above the credit line, we may require a higher minimum payment, but we Will noliJij you before doing so If your payment is more than the payment due, it will be treated as a single payment and none of it will be applied to future payments due. We may accept late or partial payments, or payments marked "paId in full" or marked wIth olher restrictions, without losing our righlto collect all amounts oWing under this Agreement. If you have made special payment arrangements with either First Union or Providian, you need to continue making ihe agreed upon payments, Finance Charges. Except as described in the Grace Period for Purchase Balance seclion 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 seNices; one or more Custom Cash Advance Balances, which consists of balances that you transfer 10 your Account using balance transfer checks and balances that we transfer for you; and the Cash .Advance Balance which consists of all other cash advances and cash advance transaction fees. Any payment amount we receive that exceeds the finance charges and fees then due will ordlnarrly be applied first to the Balance with the lowest Annual Percentage Rate (APR), until that Balance is zero, and then to the Balance with the next lowest APR, until that Balance IS zero, and then to any remaining Balance, We reseNe Ihe right to apply payments differently WIthout further notice The Purchase._ Custom Cash Advance, and Cash Advance Balances are reduced by payments as of the date received, and by credits as of the 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 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 Tellers, as of the dale made; cash advance checks made payable fa you thaI are identified as cashier's checks and mailed 10 you at your request, as of seven days after the date we print on the check; all other checks, as of the date presented to us. Other debits are included in your Purchase, Custom Cash Advance, or Cash Advance Balance as of the date posted. Finance charges are added to your Purchase, Custom Cash Advance, and Cash Advance Balances each day and are then posted on the last day of the billing cycle. There is no grace period for custom cash advances or other cash advances To figure the daily finance charge for each type of Balance, we start with your previous day's Balance, add all debits and subtract all credits for the current day and multiply the net amount by the applicable daily periodic rate (see following paragraphs). The finance. charge for each type of Balance is then added to and included in that day's Balance. We treat a credit balance for any day as zero, We determine the total finance charges on balances for the bIlling cycle by addlllg together the finance charges for each type of Balance for each day within the billing cycle In calculating finance charg,es, 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 Ihat cycle. The applicable daily penodic rate for such a transaction wilt be the rate in effe.ct fOLthe current billing cycle rather than the rate in effect on the date of the transaction. Your statement includes an average daily balance for each type of Balance. You can multiply each average daily balance. that is not zero by the number of days in the billing cycle and the periodic rate to obtain subtotals, and then add the subtotals together to determine your 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 term 'Prime Rate" as used In the Agreement means the highest prime rate published in the Wall Street Journal on the first business day of the previous calendar month, Any increase or decrease in the Annual Percentage Rate will take effect on the first day of your billing cycle and may result in a slight Increase or decrease in the amount of your minimum payment. The ANNUAL PERCENTAGE RATE {APR) for purchases wilt vary and may be adiusted each billing cycle up to 13 4% above Prime Rate, butwil1 in no event be less than 21.9%. Using this formula, the APR for purchases in the January 2000 biUing cycle is 21.9%, corresponding to a daily periodic rate of 0.06000%. The ANNUAL PERCENTAGE RATE for cash advances is 21.9%, corresponding to a daily periodic rate of 0.06000% If your payment ,is received late twice in any 12-month period, or if you significantly increase your total unsecured debt (as explained in the CREDIT REVIE'v\I paragraph below), the APR for purchases may Increase, but will not exceed 23.3%, corresponding to a daily periodic rate of 0.06384%; and the APR for cash advances and custom cash advances may increase, but will not exceed 23.9%, corresponding to a dally penodic rale of 0.06548%. Your Account may be eligible for lower APRs after you have met Ihe terms of Ihis Agreemenl for three months, If you conlact us. we will review your Account 10 determine your eJiglbiJi!y for lower APR" CREDIT REVIEW; SPECIAL REQUIREMENT. You agree not to significanl1y increase your total unsecured debt. Your APR can increase (as explained above) based on a significant Increase in unsecured debt, if your total unsecured debt and your total unsecured debt With other lenders each Increases by more than 55,000 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 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 bllling cycle incur a finance charge, and there is no period in which such purchases may be repaid Without incurrmg 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 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 (overlimijJee), 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 $2 for each such copy. A cash advance fee of 3% (minimum $5). which is a FINANCE CHARGE, may be charged for each cash advance transaction made on your Account. Default You will be in default: if any information 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 debls when due; if a bankruptcy petition is filed by or against you; or if we believe In go'od 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 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 shat! continue to accrue interest at the APR(s} disclosed in the Finance Charges section of this Agreement, even if we have filed suit to collect the amount you owe. Credit Line. Your credit line is specified from time to time in a separate notice. Your monthly statements show your credit line and the amount of your available credit. We may increase or decrease your credit line based on Information we obtained from you or your credit records. Your available credit is normally the difference between your credit line and your Account balance (including transactions made or authOrized but not yet posted). If you send us a large payment check, we may limit your available credit while we confirm that the check will clear, For certain transactions, available credit may be less. You w!!t 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 cay us when due all amounts borrowed when you or someone else use your Account (even if the amount charged exceeds your permis~ion), 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.) 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 to your entire Account balance from the effectIVe date of the change. Changes wilt apply to balances that include items Dosted to ~ Account before the dale of the chanae, and will apply whether or not you continue to use the Account. Foreign Exchange/Currency Conversion. If you use your Card for transactions in a currency other than U,S, dollars, the transactions will be converted to U.S. dollars, generally using either a (i) government-mandated rate or (ii) wholesale market rate in effect the day before the transaction is processed, increased by three percent (3%). If a credit is subsequently given for a transaction, it WIll 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 cancel your credit privileges at any time by notifying us in writing and destroying the Card(s). Upon the Card expiration at the end of the month shown on it, we (Continued DJl reverse) {5846-O698) 5497485002255158 1525 015 Z56[ - -.. ,~ .~ "_.""~""'o~ i....~.~.......:!l~~ ~~ ..~"'~iJ;!jI'i<JIa~~F~" . C-,"'_,,, reserve the right not to renew the Card. We may cancel the Card 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 nol renewed, finance charges and other fees will continue to be assessed, payments will continue to be due, and all other applicable provIsions of this Agreement will remain in effect. If you terminate your credit pnvlleges, Ci"lT'weot:::....f.lcel or do not renew the Card, you may no longer write checks on your Account, and you should destroy any unused checks we have Issued 10 you Personal Information; Documents. You will provide us at leasl10 days notice if you change your flame, home or mailing address; telephone numbers, employment or income. Upon our request, you will provrde us addltronal financial info~mation. We reseNe the right to obtain rnformation fr~m others, rncludrng ~redrt reportrng agencies, and to provide your address and Information about your Account t? ot.hers. We m~v also share information with our affHlates, However you mav Wrlt~ to us at any time instructinG us not to share credIt information with our affiliates, If you do not fulfill your obhgatlons under thIs Agreement, a negahve credit report that may reflect on your credit may be submitted to the credit reporting agencies. Custome,~ Se~ice.; Unau~orized Use, Loss, or Theft of Chec!ts or the Car(l. 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 yourC?rct, PIN, or ~ny unused che~ks .~re lost or. stolen, or that there may be an unauthorized transac~i?n on you~ A~?ount, you Will promptly notify us by calling 1.800.933~n21. So we can Immec:hately act to I1mlt losses. and liabIlity, you Will phone us even though you may .als~ ryotify us iry wrltmg. Your liability for unauthorized use occ~mng before you notify us IS limited to $50. If you report or we suspect unauthorized u.se of your Account, we, may suspend your credit prIVileges until we resolve the problem to our sal1sfacllon 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 Relatio'.1s. We will not be liable if any person or Automated Teller Machine refuses to honor the Card or accept your checks, or fails to return the Card to you. We have no responsibility for goods and servIces purchased With ihe Card or checks except as required by law. (See Special Rule below,J Certain benefits thai are available with the Account are provided by third-party vendors. We are not responsible for the quality, availability, or results of any of the services you choose to use. . Stop Payment Orders. If you wish to stop payment on a check, you may send us a stop payment order by writing to us at our address for customer service listed on your statement, You can make a stop payment order orally by calling the number li~ted 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, Ihe name of the party to whom it was payable, the name of the person who signed it, and the check number. You will be asked to confirm an oral stop payment order in writing. We mav disreaard your oral order if we do not receive a sianed written confirmation within two weeks after the oral order, or if we have not received an adequale description of the item so that payment can be stopped. The order will not be effective if the check was paid by us before we had a reasonable opportunity to act on the order. We may, Without liability, disregard a written stop payment order six months after receipt unless it is renewed In wnting. Standard of Care. Because this Account involves both credit card and check transactions which are processed through separate national systems before the transactions are consolidated by us, and because not every check and Card slip will-be sent to us, transactions in your Account will be processed mechanically without our necessarily reviewing every item, Our processing system will call our attention to certain items Which we wifl examine. We win examine all transactions when you report that your Card or checks have been lost or stolen. We do not intend ordinarily to examme all items, and we will not be negligent if we do not do so, This rule establlshes the standard of ordinary care which we in good faith will exercise in administering your Account. Because of OUt limited review, and because neither your cancelled checks nor Card transaction slips will be returned 10 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 aoainst vour record and to notify us immediatelv of anv unauthorized transactions or errors. Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without rasing OUr right to enforce it or any other provision later. You waive: the right to presentment, demand, protest, or notice of dishonor; any applicable statute of limitations; and any 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 AgreemSilt and your Account are governed by federal law and by New Hampshire law. This Agreement is a final expr~sion of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement. If any provision of this Agreement is held to be invalid or unenforceable, you Cind 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 Agreem.ent invalid or unenforceable, or impose any increased tax, reporting requirement, or other burden in connection with any such provision or its enforcement, we may, after at least 30 days notice to you, or without notice if permitted by law, cancel the Card and your Credit privileges. We may transfer or assign our right to aJJ or some of your p.ayments. If state law requires that you receive n.otice 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. Notiees. 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 pericx:J 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 rE3ceive it. YOUR BllllNG RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This no1ice contains important information about yOllr rights and our responsibilities under the Fair Credit Billing Act. Notify Us In Case of Errors or Questions About Your 81". 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 appftared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: -- Your name ~nd Account number. -- The dollar amount of the suspected error. - Describe the error and explain, if you can why you believe there is an error. If you need more information, describe the Item you are not sure about. Your Rights and Our Responsibilities After We Receive Your Written Notice. We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue Jo 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 W'C find thai we made a mistake on your biJJ, you will not have to pay any finance Charge related to any questioned amount. If we didn't make a mistake, you may h~v~ 10 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 II IS due. If you fall 10 pay the amount we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us withln 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 an~e we reported you. to. We.must tell anyone we report you to that the matter has been seWed between us When it finally is. If we don't follow these rules, we ~n't collect the first $50 of the questIoned amount, even If YO\.lr bill was correct. Sp~ciaJ Rule for Credit Card Purchases. If you have a pr~Jem with the quality of the property or ~ervices that you purch~se~ with our. cr~it card and you have tried in good faith to ~orrect the problem With the merchant, you may not have to pay the remaming amount due on the goods or services. There are two limitations on thiS fight: (a) you must haye.m~de the purchase ~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 apply If we own or operate the merchant, orifwe mailed you the advertisement for the property or services. f I I I , ! - tt~"'~ ,- ,- , ',,' ~...."~' '~~~-'Lr'- ;~io~:":,,.j~_r,';'; - "I!!Iml-=:iSiil!l!lI~JOOI~I!lkr'~"""';'_"".i!",~j,",,,,,:""""ii!1 . ~.......,.;" _-....~__ "~..J~ '. , r.J P ~ "'9. r~ ~ ~ 1- ..t F::.' ;'( ~ .().tBg~ ~ ~ I ~0 ~~~~ J- "'~"'.-~.,."""'_.-. o c :s: ~Ucn I11cn, Z,I, :0C:;: I:QZ '~CJ ~C) _.~O )>c: Z =< c:> o ::ll: =< I OJ o .." --I --r H,;n -nrn ;-'9 C)O =;:1 :ti 0-- zD om ~ '< "V ~ w ., "" '0 e '" SHERIFF'S RETURN - REGULAR CASE NO: 2000-02865 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS NEIL BARBARA E ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NEIL BARBARA E the DEFENDANT , at 0012:30 HOURS, on the 19th day of May , 2000 at 13 RITNER GDNS SHIPPENSBURG, PA 17257 by handing to EDWARD D. FOX a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 11.78 ,00 10.00 .00 39.78 So Answ~ers: ~ ~ '. , . C- o R. Thomas Kline OS/23/2000 PARK LAW ASSOCIATES Sworn and Subscribed to before BY:~/A)~ Deputy She f me this /.4..A- day of q!u.<-<-- c2rrP'D A. D . ~CJ. ~,~ rothonotary - " . co_ - .. A' SHERIFF'S RETURN - REGULAR CASE NO: 2000-02865 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS NEIL BARBARA E ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FOX EDWARD D the DEFENDANT , at 0012:30 HOURS, on the 19th day of May 2000 at 13 RITNER GDNS SHIPPENSBURG, PA 17257 by handing to EDWARD D. FOX a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~~~t R. Thomas Kline OS/23/2000 PARK LAW ASSOCIATES Sworn and Subscribed to before By: ~,2~ LJ~ Deputy S iff me this I~ day of ct... . 02fJ7/t) A. D . , ~~~o~'~ -"""',> ~-"" . rl-ff. '~ --'.' ~~_lIIi",lrM'~, ,. -, ~., VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 13 RITNER GDNS SHIPPENSBURG, PA 17257-9776 5497485002255158 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VB BARBARA E NEIL EDWARD D FOX Defendant ! NO.00-2865 PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS $2,205.86 $441.17 $337.65 ($326.67) ($772.05) TOTAL $1,885.96 PLUS ADDITIONAL COSTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 i, attached hereto =d~" VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff "'"-- .. ~OOil~i!;~lil . AND NOW, d,"3 ,{J~, Judgment is entered in favor of the Plaintiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. /5( ((((-L' '?Xo/- PRO HONOTARY ~ t: I'; 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. i" :; :~ liIL," " _..~ ~"'--"""""""""""'"-",,,-, . ".... VALERIE ROSENBLUTH PARK ATTORNEY LD. # 72094 PARK LAW ASSOCIATES,P,C. 25 EAST STATE STREET, P,O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTITF I HEREBY CERTITY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTITF: 295 MAIN STREET TILTON, NH 03276 DEF: 13 RITNER GDNS SHIPPENSBURG, PA 17257-9776 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS BARBARA E NEIL EDWARD D FOX Defendant NO, 00-2865 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: BARBARA E NEIL EDWARD D FOX ' 13 RITNER GDNS SHIPPENSBURG, PA 17257-9776 DATE OF NOTICE: 6/9/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACf WITHIN TEN (10) DAYS FROM '!'HE DATE OF THIS NOTICE, A mDGMENT MAY BE ENTERED AGAINST YOU wrrnOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE TillS NOTICE TO A LAWYER AT ONCE. IT YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP, COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR CARLISLE, P A 17013 (717) 240-6200 PARK LAW ASSOCIATES,P.C, BY'V~ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAlNED WILL BE USED FOR THAT PURPOSE. EXHIBIT A- ,. < ,~~ I 'm~"".,",.__. " " ~..I_~ -~- ~ . 1<_it'I.;.,J~, ----------, VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 13 RITNER GDNS SHIPPENSBURG, PA 17257-9776 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS BARBARA E NEIL EDWARD D FOX NO. 00-2865 Defendant VERIFICATION OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS VALERIE ROSENBLUTH PARK, Esquire, being duly sworn according to law, deposes and says that she will make this affidavit on behalf of the within Plaintiff, being authorized to do so, and that she believes and therefore avers, that BARBARA E NEIL, Defendant is over 21 years of age; that his/her place of residence/business is located at 13 RITNER GDNS SHIPPENSBURG, PA 17257-9776 and that he/she is employed and that he/She is not in the Military or Naval Service of the United States or its Allies or otherwise within the provisions of the Soldiers and Sailors civil Relief Act of Congress of 1940 and its amendme ts. PARK LAW ASSOCIATES, P BY: Valer'e Rosenbluth Park Attorney for Plaintiff ElO " " ~ ~~ <. M ~ . ,~~ l. ---..- VALERIE ROSENBLUTH PARK, Esquire Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street P.O. Box 1779 Doy1estown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF PROVIDIAN NATIONAL BANK Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. BARBARA E NEIL EDWARD D FOX Defendant : NO. 00-2865 VERIFICATION OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS Valerie Rosenbluth Park, Esquire, being duly sworn according to law, deposes and says that she will make this Affidavit on behalf of the within Plaintiff, being authorized to do so, and that she knows of her own personal knowledge and therefore avers, that EDWARD D FOX, Defendant is over 21 years of age; that his/her place of residence/business is located at 13 RITNER GDNS, SHIPPENSBURG, PA 17257 and that he/she is employed and that he/She is not in the Military or Naval Service of the United 9tates or its Allies or otherwise within the provisions of the diers and Sailor Civil Relief Act of Congress of 194 and its endments. VALERIE ROSENBLUTH PARK, ESQUIRE Attorney for Plaintiff ,~'~ - '-. "-~--"=",,-" . VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 13 RITNER GDNS SHIPPENSBURG, PA 17257-9776 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS BARBARA E NEIL EDWARD D FOX NO. 00-2865 Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: [X] Judgment by Default [ ] Money Judgment [ ] Judgment in Replevin [ ] Judgment in Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings [ ] Judgment on District Justice Transcripts [ ] Judgment on Judgment Note [ ] Judgment on Writ of Revival [ ] Praecipe to Reassess Damages IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number: (215) 348-5200. PROTHONOTARY: 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. .~l--." ,oj, "--....-M~_l\i1ll_~.....-~"""ii>1~~1!Iir~'\1iill~Jo-...; ",;.;.- .......Q "'"' ,,,,," ---' .~ . 0 (:) 0 C (:::} ~ ~~. -n ~ Q ~ ~ c) ,-- -~ , ~ --.- ,.....,,) 1\l, -< .e"" (..0 'ri !::;C.' __ CJ \ :r;: c:; "TJ 1~~ ~ {;:C\ .~". ~ -'"c: c..J ;::O;::i'Ti '-..," ~ 2: S~ , =2 r.- ~ Q =D , ~ -< ~ ~ .. __ ,,,"~.,,,,_,. ._c.. .''''' - .,- ~- " ,~ " ..