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HomeMy WebLinkAbout00-02867 '. 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. RUTH E MITCHELL Defendant NO. 00 -;)fr...7 Ci",.:l ~ NOTI CE 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. -." -,'-"';., "_--1'-. ";',,- ,.r''-'', ",', " - -"",,;;,,', , ,;,,;., , -.' ,,> - l ,;-~~,,~,,>i;-,-\, jlCl,'; 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#:4428560305702804 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS RUTH E MITCHELL 5016 E TRINDLE RD MECHANICSBURG, PA 17055-3621 DEFENDANT NO. ()-o _ ~ f {, 7 &:~[T~ ~CTION CIVIL 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, RUTH E MITCHELL, is an individual who resides at 5016 E TRINDLE RD, MECHANICSBURG, PA 17055-3621. 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 ;~ -, " 'N" . '~,' I owned by the Plaintiff bearing account number 4428560305702804. , :1 1< ~ ~ Ii ,I II ~ II ~ '1 I: I: I, I:: 4. The Defendant requested an account, account number 4428560305702804, which is owned by the Plaintiff, and an Account Agreement was sent to the Defendant. A copy of the Agreement is attached hereto as Exhibit "AU and made a part hereof. 5. The Defendant has failed to pay the amount owed in accordance with the Account Agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $5,782.38 as of 12/03/1999, 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 $1,156.48. ~ II ~ ~ II' I " " ~ ii " ~ " " 'I , ii 'i I WHEREFORE, plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $5,782.38, plus pre-judgment interest at the contractual rate of 21.90% per annum from 12/03/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,156.48, 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. .f' ~ ' ~"l 1.~.-,_ 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. i :1 il WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $5,782.38, plus pre-judgment interest at the contractual rate of 21.90% per annum from 12/03/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,156.48, 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. . I " ., ",--, ,,,. , , VERIFICATION I, MONtCA 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. ~~. Designated A ent ,-, ~-t;_ :, i1 I' ii i' I, I: i' " '. :.i I' " Ii I" 1:1 :! !i 1'1 '1 " I, 11 " ,I I ,-J I ,-i !! ':~':~ !i1~PROVIDIAN -- FinWlCltl{ Pro\}\dian National Bank VISA@ or MasterCard@ Account Agreement for Ruth E Mi1chell Jarluary 6, 2000 7'''''' """,.."...".'..."..,..',..,.......,..,..,.....' "...'........'..'.."'.. ,...'......'.....,..,.'.. . ..................................................,..... """.."",,, '"'' " " '" ,,,,,.. " " "'" " "'" ,,,...,,. ...,................"..........,........".".,...... .. . Please review this document and keep itwith your other important papers. This Account Agreement contains the terms which govern your Prevldian National Sank VISA 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 and to get cash advances from us or any other participating financial instltu1ion and from Automated Teller Machines, Convenience checks may also be provided to you as an additional way to use the ,A.ccount In this Agreement 'you" and 'your" mean each person fOf whom we havE! opened a credit card Account. "We," "our," "ours," and "us" mean Prevldlan National Bank or Its aSSignees, as listed on your billing statement. The Account may be used only for personal, family, household, and charitable purposes, and not for any business or commercIal purpose Any use of this 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 stalements shows the rules we follow when we post payments, Convenience checks and other checks we issue to you may not be used to make payments on your Account or to make payments on any other account you have With us or our affiliates. The payment due Will be: 2% of lhe new balance shown on your statement plus th~ amount of any past due payment, and may inclu~e the amount by which the new balance exceeds your credit Ime. However, the payment due will not be less than 515 (unless your new balance IS less than 515, in which case Ihe 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 noUfy 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 lale or partial payments, or payments marked "paid In full' or marked With other restrictions, withoutlosjng our nght to collect all amounts owing under thiS Agreement. Finance Charges. Except as described in the Grace Period for Purchase Balance section of Ihis 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 opiional seNices; one or more Custom Cash Advance Balances, whIch consists of balances that you lransfer 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 charQ:es and fees then due will ordinarily be applred 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 the right to apply payments differently without further notice, The Purchase, Custom Cash Advance, and Cash Advance Balances are reduced by payments as of the date received, and by credits as of the 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 Inciuded in your Cash Advance Balance as follows: cash advances from other financial institullons and through Automated Tellers, as of the date made; cash advance checks made payable to you that are identified as cashier's checks and mailed to you at your request, as of seven days after the date we print on the check; all olher 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 blUing cycle. There is no grace period for custom cash advances or other cash advances, To figure the dally 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 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 Of payment that would have affected the finance charge calculation in a prior billing cycle had it been posted.in that cycle, The applicabte daily periodic rate for such a transaction will be the rate in effect for the current billing cycle rather than the rate In effect on the date of the transaction. Your statement includes an average daily balance for each type of Balance. You can multiply each average daily balance that is not zero by the number of days in the billing cycle and the periodic rate to obtain subtotals, and then add the subtotals together to determine your total finance charges on balances for the billing cycle. The ANNUAL PERCENTAGE RATE (APR) for purchases is 21 ,9%, corresponding to a daily periodic rale of Q,Q60Qo<'lo. The ANNUAL PERCENTAGE RATE for cash advances is 21,9%, correspondrng to a daily periodic rate of 0.06000%, We reserve the right to change the Annual Percentage Rate calculations if you do_ not comply with the ierms of this Agreement 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 10 incur a finance charge until the start of the next biIlln9_ 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 otherbllJing cycle incur a finance charge, and there is no period tn 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 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 (overlimit fee), even if your AccounUs 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, 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 debts when due; if a bankruptcy petition is tiled by or against you; or if we believe in good faith that you may not pay or perform yourobligalions 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 shall continue to accrue interest at the APR(s) disclosed in the Finance Charges section of this Agreement, even if we have filed suit to collect the amount you owe. Credit Line. _Your credit line is specified from time to time in a separate noUce. Your monthly statements show your credit tine and the amount of your available credit. We may increase or decrease your credit line based on information we obtained from you or your credil 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 ceriain transactions, available credit may be less. You will not use your Account for, and we may refuse to honor, any transaction which would cause you to exceed your available credit. Promise to Pay. You promise to pay us when due all amounts borrowed when you or someone else use your Account (even if lhe amount charged exceeds your permission), all other transactions and charges to your Account, and collection costs we incur including, but not limited to, reasonable attorney's fees and court costs. (If you win the suit, we will pay your reasonable attorney's fees and court costs,) Changes. After we provide you any notice required by law, we may change any part of thrs Agreement and add or remove requirements. If a change is made to the Finance Charges section of this Agreement, the new finance charge calculation will apply to your entire Account balance from the effective date of the change. Changes will apply to balances that include items casted to ~ Account before the date of the chance, and will apply whether or no! you conlinue 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 Of (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 rale used on the conversion date may differ from the rate in effect on the date you used your Carei. You agree 10 accept the converted amount in U.S, dollars. The Card; Cancellation. You may cancel your credit privileges at any time by nolifjing us in writing and destroying the Card(s), Upon the Card expiration at the end of the month shown on it, we reseNe the right not to renew the Card. We may canc.el the Card and your credit privileges at_any Ume after 30 days notice to you, or WIthout notIce If permItted by law, !fyour Card IS cancelled or not renewed, finance charges and other fees Will conhnue to be assessed, payments Will conhnue to be due, and all other applicable provisions of this Agreement will remain in effect If you terminate your credit privileges, or if we cancel or do not renew the Card, you may no longer write checks on your Account, and you should destroy any unused checks we have issued to you. Personal Information; Documents. You will provide us at least 10 days notice if you change your name, home or mailing address, telephone numbers, employment or income. Upon our request, you will provide us additional financial information. We reserve the right to obtain Information frem others, induding credit reporting agencies, and to provide your address and information about your Account to others. We rnav also share information with our affiliates. However vou mav write to us at anv lime instrlJctina us not to share credit information with our affiliates If you do not fulfill your obligations under this Agreement, a negative 'Credit report that may reflect on your credit may be submitted to the credit reporting agencies Customer Service: Unauthorized Use. Loss. or Theft of Checks or the Carel. Each Card must be signed on receipt. You are responsible for safeguarding the Card, your Personal ldentificalion Number ("PIN", which provides access to Automated Teller Machines) and any checks issued to you from theft, and keeping your PIN separate from your Carel. If you discover or suspect that your Card, PIN, or any unused checks are lost or stolen, or that there may be an unauthorized transaction on your Ac~ount, you will promptly notify us by calling 1-800-933-7221; So we can Immediately act to limit losses and liabili1y, you will phone us even lhough you may also notify us in wrilJng. Your llablhty for unauthoJized use occuning before you notify us is limited to $50. If you report or we suspect unauthorized use of your Account, we may suspend your credit privileges unW we resolve the proolem 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 security, you agree that your calls may be mOnitored or recorded. Merchant Relations. We wiJJ not be liable jf any person or Automated T effer Machine refuses to honor the Card or accept your checks, or fails to return the Card to you. We have no responsibility (Conanued on reverse} (584fi-!Jti98{ 442e56'tJS0570.?804 0727 d.5"\ Z56t ~~--b..oItol .. - " .~ ".,&"',"', _-"-",-''-'.1''~d.. for goads and services purchased wtlh the Card or chec.ks except as required by law. (See Speciai Rule below. J Certain benefits that are available with the Account are provided by third-party vendof'S We are not respclI:3ible f01"":'ne quality, availability, or results of any of the services you choose to use. Stop Payment Orders. If you wish to slop payment on a check, you may send us a Slop payment order by writing to us at our address for customer service listed on your statement. You can make i3: slop payment order orally by callmg the number listed on your statement. When you make a stop payment order, you must provide your Account number and specific informatron about the check' the exact amount" the date on the check, the name of the. party to whom it was paya9le, the name of the person whq signed It, and the check number, You will be asked to confirm an oral stop payment order in writing. We mav dlsreaard vour oral order If we do not receive a sianed written confirmation Within two weeks after the oral order,.or If we have not received an adequate desc.f1pl1on 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 wr[t1ng Standard of Care. Because this Accoun~ inv?lves both credit card'an~ ch~k trans'actions ~hich are processed thro~gh separate national systems before the transactions are consolidated by us, and because ~ot every c~e~k and C~rd slip ~lll be s~nt 10 us, tr:ansacllons In your Account Will be processed mechanically Without our necessarily reviewing every Item. Our processing system WIll call o~r aite~tlon 10 certam It~ms which w~ Will examme, We Will examine all transactions when you report that your Card or checks have been lost orstolen. We do not intend ordinarily to examlhe all Items, and we Will not be negligent if we do not do so, This rule e.stablishes the standard of ordinary care wQich we in good faith wille:xerclse in administering your Account. Because of our limi~ed review, an? because neither your cancelled checks nor Card transacti?n slips will be returned to you with t~e 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 aoree to check vour monthlv statements aaalnst vour record and to notlfv us immediatelv of any unauthorized transactions or errors, Waivl:r of Certain Rights. We may .delay o~ waive eriforc~m~nl of any provision. of this Agreemen~ without losing our righll~ enforce it or any other provision later. You waive:: the right to presel1tment, demand, protest, or nobce 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 mailer where you live, this Agreement and your Account are governed by federal law and by New Hampshire law, This Agreement is a final expr&.3sion 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 al1d we will consider that prO':'isi~n modified to con~orm to .appl!cable !a~, and the rest of the proviSions in the Ag~eemen! ~ill still b~ enforceable. .At a~y time after we determine in good faith that any proposed or enacted leglslation\ regulatory action, or JudiCIal decfSlon has rendered or may render any mateNaI provIsions of thiS Agreement Invalid or unenforceable, or impose any increased tax, reporting requirement, or other burden in connection with any such prOVIsion or ItS enforcement, we may, after at leasl30 days notice to you, or without notice if permitted by law, cancel the Card and your Credit privileges. We may transfer or assign our right to all or some of your payments, If state law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the state's Secretary of State. Notices. Other notices 10 you shall be effective when deposited in the mail addressed to you at the addr~s shown on our records, unless a longer notice period is specified in this Agreement or by law t which period shall start upon mailing. Notice to us shall be maIled to our address for customer service on your statement (or other addres$es we may specify) and shall be effective when we receive it. YOUR BilLING RIGHTS _ KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About YourSiIf. If you think your bill is wrong or if you need more information about any transaction on your bill, write us on a separate sheet, at the address listed in the Billing Rights Summary on your bill. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on'which the error or problem appeared. You can telephone us, but doing so win not preserve your rights. fn your letter, give us the following information: - Your name and Accoun1 number. - The doflar amount of the susp~ted 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 ticknowledge your letter within 30 days, unless we have corrected the. error by then. Within 90 days, we mus1 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 de1inquent. We can contil1ue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake Of) your bill, you will not have to pay any finance charge related to any questioned amount Jf we didn't make a mistake, you may have 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 it is due. If you fail to pay the amol,mt we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we'must tell anyone we report you to that you question your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. ffwe don't foNow these rules, we can't coNect the first $50 of the questioned amount, even if your bill was correct. SpeeiaJ Rule for Credit Card Purchases. jf you have a problem with the quality of the property or services that you purchased with our credit card and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. There are!Wo limitations on this right: (a) you must haye.l11~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 pnce must have been more than $50, These lImItatIOns do not apply If we own or operate the merchant, or if we mailed you the advertisement for the property or services. 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'l!echanics~Dr!J.,PA, 17055-3621, .,\'? ,,' ."".<;rt//.'iliam~ -:>.Ci[/.L ;:2:J);~~;/'>f~~~~;~:f~:~~1'~:Oil 00' <TT " ,.,'..- ~.... ...;; ,"-:""'- :t=-: NO:-l-NEGOTIABI.E ,,' " \\'ith a Ca~ital Cash account you get a check right away! ".,' Plc3sc fill in the hl:mks hduw. folJ. and r~turn the wh(lIc: page in tht.. P()SI.I!,!l'-lMi~i l'Tl\ t.'1opt. plll\ hlnl. That's aU you ha,,'c to"do! ". YES.l"d Iiketoopca.'aC~pltalCouhAccouDt. Pleuesend meac-h<<k forS5.000.lagrl:l:lo Ih~Caplu.lC.uh A~,'UtuU '\Il"T1m'nl (which will be Idailed to me with my ch<<k) ~nd to repay principal. inle'n.-st.and interest lh~rr:nn, C'X.:ept ttul' ~1I bQw no ohllJlctdlNl ifl return the check unused after ~r~ing Ihe' Account Agreement. , ,~,'.< ...,. ",_-1" :,,":'X/'~//... Sign~turt' .!-: />;,1'~".;'-' ',C''', 'j,e" fdifP.'); .~. " Pj v'/, ~~l~~~.~~~~~~~~~~~(~.:~~~,Y : 6, ,1989 :~\!;,~(;i '4,-,,~..~,,:t.:t1 i;:';~:l, ":"-""! /~-.7 - 1/ i - P- C:- ,f't.- Social St'curityNumher (!~r--n --rn....y) 1.../" 6'4'()7:h ~.f Emplay~l'(lf sclf-"mpl.~ (ll' relifN, in..ti<:.ll~ h<:n:) ('1/7 ) '76;1.-'''' :LA';> Home Phone F/rHAlQ. Annual htms...'hoIJ in':\lmc- is; o L'nder SI;l.OOO ~$'!.j.lll}l}'$.!tl.'l'l'l o .s15.000-S19.999 0 SJ(J.lKIO-S.\4,'ltl') 0520.000-$2-1-.99<) 0 $,3;).O()O $.: U\'\:r Rente!" 0 Ih1ffic-\lWncr,.G:I I, C3pital Cash P,O, Box 9()56 .2 PIt:3~nlnn. CA q-l5(1(1'99'~~'145 ('117) 7?7-.5'S 70 "'orkl'hone Loan Amount: $5.000 ~ l ~y.\"\\a\"{ , J--_ , ' I '.'. L ."" ~, - ~76 S\n03~ bS-::y0- cfOo\ '~Hd- ""'"'' '" '-"_",__,__~"'ru'_~_,,""~-'" " '......~- . ~ _k~-=, ~"~i,J", . ',--, '~__~~~ " (") 0 ~ (:) ~ c 0 fJ \~ ~ :.s: :Jl: ..-oJ ,,;;. '" ~ -oev "'" Iii., lI"if"-' -< (11~ (i::. ~ z::B ~ @ t Zt:;:" I -O,rtl (/5~.:-;: 0:> ''''6 c.. -<~:.. 0, d 8 d ~o --, ;5? t ~o '-0 I=t! ::l:: 0- ..0 ZM Lv I >c w ~ j u z Q> ~ :< ::- ~ P-- J 't < I , ..1 CASE NO: 2000-02867 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: ,COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS MITCHELL RUTH E ROBERT L. FINK Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within CIVIL ACTION & NOTICE was served upon MITCHELL RUTH E the DEFENDANT at 0012:25 HOURS, on the 11th day of May at 5016 E TRINDLE ROAD MECHANICSBURG, PA 17055 2000 CHARLES MITCHELL (HUSBAND) by handing to a true and attested copy of CIVIL ACTION & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.68 .00 10.00 .00 36.68 Sworn and Subscribed to before th' "Il.. "--' day of me*__ " _ Q. 'nUi7. ,/,~ rothonotary A.D. So Answers: 'FA.AfJ' f/ ft "'" ~~~tfi~~ R. Thomas Kline . _.~~." 1 I ':1 ;'1 "i " ,Ii ::i , , i I': I , I , 1 'I I 'I 'I I II II II \1 :1 1j 'I 05/11/2000 PARK LAW ASSOCIATES ~ By ~ Deputy eri ~~, ' , " ",' ,l,.$,_" " I"~ h I VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET bOYLESTOWN, 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: 5016 E TRINDLE RD MECHANICSBURG, PA 17055-3621 4428560305702804 I l:' I' l , CUMBERLAND COUNTY COURT OF COMMON PLEAS i II ii I' II [I,: , " n r,:: I ! I , ! I I i'" ,: PROVIDIAN NATIONAL BANK Plaintiff VS RUTH E MITCHELL Defendant NO.00-2867 PRAECIPE FOR JUDGMENT n: I: (Ii f~ [I: to f~ !i: ~i' lii Ii! , li1 TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS $5,782.38 $1,156.48 $669.60 ($0.00) ($0.00) j~ if ;i: Ii jl: TOTAL $7,608.46 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, - _' /",', '",' ->'~,".l, ".' . " ;. - , ','" . - - ...." ~ ,---~' , I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A"~.. L VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NO~.l.u F:;t.O ::J ()6() , 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 rtification. 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 I i, i I I i i' I' ! !: !i ~ " ~'j ;'; :'1 ;:j I '~ i!i iJ ki :;; j,: :' " ij ~ 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 PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 5016 E TRINDLE RD MECHANICSBURG, P A 17055-3621 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS RUTH E MITCHELL Defendant NO. 00-2867 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: RUTH E MITCHELL 5016 E TRINDLE RD MECHANICSBURG, P A 17055-3621 DATE OF NOTICE: 6/2/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO 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, PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P .C. BY:'~ ~~/ VALERIE ROSEN13LUTH PARK, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT fA '.'''''''.-.;e.,,-',-, l " " ~ ~~< 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: 5016 E TRINDLE RD MECHANICSBURG, PA 17055-3621 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VB RUTH E MITCHELL Defendant NO. 00-2867 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 RUTH E MITCHELL, Defendant is over 21 years of age; that his/her place of residence/business is located at 5016 E TRINDLE RD MECHANICSBURG, PA 17055-3621 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 amendments. PARK LAW ASSOCIAT7/' BY:~~ er' RoSarIDluth Park Attorney for Plaintiff E10 ~,. . '~' '.h '~ _' '-I 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: 5016 E TRINDLE RD MECHANICSBURG, PA 17055-3621 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS RUTH E MITCHELL Defendant NO. 00 -2867 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 proc~eding 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. PROTH~OTARL 7\ ~ k/ f..:.lUlZQ) /f,.._ I 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. /'!d.o!kJ ,,"' c,~",,;c h' ,""'-., "J[ '~,liiIIIi "". '~., ".'. , ' "~' ~~, 'i.u ,',"'"'....,',,;,-'-'~~, "'.' " ...., ~'. ".',w,;,~"~fi:"'"'J~--' . , .~- ~ [ -lq t t ~ 8 0 (:) 0 c 0 " <:"" '- ~"-j "urL: c= /:;~ R ~ 111f, i ',,---:-:::, ..0 \' ~?: :Jj "" ~~ ?~~ ,~\ ~ 0 , - c=e') C:;> ...... "'" ", 'T{ ~ ~ ~~(~: --~-'" .J:: J ~- ';,:C) 6' };~ CD :=:1"11 z :~11 ~ - --I :AJ r-... -< 1'0 -< ?..... Ii!;