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HomeMy WebLinkAbout00-04321 ~ . --~-~. . ~-, > ',"d~. ~._'~ 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. KENNETH L SIMMONS Defendant NO.a:> - .J..jJrJ./ C()~( T~ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~ ~ -~,' -c" . ,- >' -,^' ~" r.,;, _~.... '~k"-~~""~_-r'~;ld__,'_ - ~<' ;'10 . VALERIE ROSENBLUTH PARK ~TTORNEY I.D. # 72094 IPARK LAW ASSOCIATES, P. C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4479453023200459 CUMBERIJIND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS KENNETH L SIMMONS ;933 FOREST CT CARLISLE, PA 17013-4222 DEFENDANT NO. ()-O - '13.21 ~ '/.u...- ~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, KENNETH L SIMMONS, has a mailing address at 933 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 lowned by the Plaintiff bearing account number 4479453023200459. 4. The Defendant requested an account, account number 4479453023200459, which is owned by the Plaintiff, and an Account -\>," ~-"' :-"._ 'i; ,,/.,; -. '_1 1- ,~ ,'" ~,' <-, -"',~.-.l--~,,; ",;,<",,>.C:'~" ~ ,. -, Agreement was sent to the Defendant. A copy of the Agreement is attached hereto as Exhibit ~~' 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 $1,889.05 as of 01/20/2000, plus pre-judgment contractual interest at the rate of 19.99% per annum, less payments made. ;i; ':1 ,ij 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 $377.81. ii; i:j "'j :;1 !'! WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $1,889.05, plus pre-judgment interest at the contractual rate of 19.99% per annum from Ol/20/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $377.81, less payments made, plus costs and any other such relief as this Court deems reasonable and just. fl lj " fi ;! ;1 ;) H fl [1 II II !, IJ n " Ii il !, :; t1 [1 r1 :j I ; , I COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. , . . ;.: --~~ "~ "',,,",/ :-;,;..,- ,.~:.:, ,,, .:t:,,,-,._~~,_.;-,,,.;, , ~- " . .-".-lit,j i I , I I " I I ... 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 $1,889.05, plus pre-judgment interest at the contractual rate of 19.99% per annum from 01/20/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $377.81, less payments made, plus costs and any other such relief as this Court deems reasonable and just. BY: VALERIE ROSENBLUTH PARK, ESQUIRE IPURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT IA DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. - , ~"'__' I ~:,-.I' -, _l_ -_'~ , ~ '-.oJ su~ OQRRIr;A VERIFICATION '1, I IFebruary , declare that as of 14, 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}7 /U~e'~ / Designated Agent ~'f~; ~PROVlpJAN Financial Prov\dlan National Bank VISA@ or MasterCarc!@ Account Agreement for Kenneth L Simmons February 25, 2000 EXHIBIT r -~--1J Please reviewJhis document and keep it with your other important papers. This Account Agreement contains the terms which govern your Providian National Bank VISA or MasterCard Account (the "Account'). The Account allows you to make purchases by using your VISA or MasterCard card (the "Card') wherever it is honored and to get cash advances from us or any other participating financial institution and from Automated Teller Machines. ConvenIence checks may also be provided to you as an additional way to use the Account In this Aweement, "you" and "your" mean each person for whom we have opened a credit card Account. 'We," "our,' 'ours," and "us" mean Providian National Bank or its assignees, as listed on your bllling statement. The Account may be used only for personal, family, household, and charitable purposes, and not for any business or commercial purpose, AITf use of this Account shall constitute acceptance of the terms of thIS Agreement. You and we agree as follows: Payments. Vou 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 ac_cQunt you havewllh us or our affiliates, The payment due wi!! be: 2% of the new balance shown on yoar statement plus the amount of any past due payment, and may include the amount by which the new balance exceeds your credit line, However, the payment due will not be less than $15 (unless your new balance is less than $15, in which case lhe 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 noitfy ycu before dcing 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 paymenls, or payments marked "paid in full" or marked WIth ether restnctlons, 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 ACCQunt has the fellowing balances: The Purchase Balance which consists of your existing Purchase Balance and new purcbases you make with your Card and fees for certain opticnal services; one or more Custom Cash Advance Balances, which consists of balances that you transfer to your Account using balance transfer checks and balances that we transfer for you; and the Cash Advance Balance which consists of all other cash advances and cash advance transaction fees. Any payment amount we receive that exceeds the finance charges and fees then due_will ordinarily be applied first to the Balance with the lowest Annual Percentage Rate (APR), until that Balance is zero, and then to the Balance with the nexllowest APR, untllihat Balance is zero, and then to any remaining Balance. We reserve the right to apply payments differently without further notice, The Purchas~Custom Cash Advance, and Cash Advance Balances are reduced by payments as of Ihe date received, and by credits as of the dale posted. Purchases are included in your Purchase Balance as of the date made. Custom cash advances are includeo 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 tne date presented to. us. Other cash advances are included in your Cash Advance Balance as follows: cash advances from other financial inslltutions and through Automated Tellers, as af the date made; cash advance checks made payable to 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 checks, as of the date presented to us. Other cebits are included in yaur Purchase, Custom Cash Advance, or Cash Advance Balance as of the_date posted. Finance charges aLe added to your Purchase, Custom Cash Advance, and Cash A<tIance Balances each day and are then posted on the last day of the billing cycle. There is no. grace period for custom cash adv-ances or ather cash advances. To figure the daily finance charge fer each type of Balance, we start with your previous day's Balance, add all debits and subtract all credlts 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 !hat day's Balance. We treat a credit balance for any day as Zero. We de_termine the total finance charges on balances for the biJling cycle by adding together the finance charges for each type of Balance for each day within the billing cycle. In calculating finance charges, an adjustment will be made for any transaction or payment lhat would have affected the finance charge calculation in a prior bilfing cycle had it been posted in that cycle. The applicable daily periodic rate for such a transactien 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 periedic rate to ebtain subtotals, and then add the subtotals together to. determine your total finance charges on balances for the bIlling cycle, If a cash advance transaction fee is charged, that ameunt 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 wi1l vary and may be adjusted each billing cycle up to 11.49% abeve Prime Rate, but will in no event be less than 19.99%, USing this formula, the APR for purchases in the February 2000 billing. cycle is 19-.99%, corresponding to a daily periodic rate of 0,05477%. The ANNUAL PERCENTAGE RATE for cash advances wil.l vary and may be adjusted each billing cycle up 10 13.49% above the Prime Rate, but will in no event be less than 21.99%. Using this formula, the APR for cash advances In the February 2000 billing cycle is 21.99%, corresponding to. a daily periodic rale of 0,06025%. We reserve the right to change the Annual Percentage Rate calculations if you do not comply with the terms of this Agreement. Grace Period fer 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 finaoce 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. If youLAccount is a ViSA Gold or Gold MasterCard Account, the annual fee is $35, For all other accounts the annual fee is up to $0. This annual fee will be charged to yeur Acceunt in the fourth monthly billing cycle after the account is opened and every twelfth monthly billing cycle thereafter. We will not charge an annual fee for the first fifteen billing cycles if you use yeur Accaunt to make a purchase or take a cash advance in the first three billing cycles. We will not charge an annual fee in any subsequent year if you have used your Account to make a purchase or take a cash advance in lhe preceding twelve billing cycles. If you close your Account for any reason during the billing cycle in which the annual fee is charged, we will either credit your Account or refund to. you the portion _of the annual fee which has been paid. We will charge your Acceunt $0 fer: 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 biUing 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 Account is closed. If you request copies ef billing statements that were first sent 10 you more than three months earlier, we may charge a handling fee of $2 fP!.:8ach such copy, A cash advance fee of 3% (minimum 55), which IS a FINANCe CHARGE,-m~ be charged for each cash advance transaction made err your Account. Default You will be'in default ifany 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, er 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 net pay ar perform your obligations under this Agreement. If you are in defaul1 we may, without further demand or netice, cancel your credit privileges, declare your Account balance immediately due and payable, and use any remedy we may have, In the event of yeur 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 ameunt you awe, Credit Line. Your credit. line is specified from time to time in a separate notice. Your menthly statements show yeur credit line and the ameunt efyour available credit. We may increase or decrease your credit line based on informatien we ebtained from you or your credit records. Your available credit is nermally the difference between your credit line and yo~r Account balanc~ (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 cenfirm that the check WIll clear. For certain transactions, available credit may be less. You will not use your Acceunt fer, and we may refuse to honor, any transaction which would cause you to exceed your available cr~t. Promise to Pay. You promise to pay us when due all amounts borrowed when you or sameone else use your Account (even if the amount charged exceeds your permission), all other transactions and charges to. your Account, and collection cesls we incur including, but notlimitecl to, reasanable attorney's fees and court cests. (If yeu win the suit, we will pay 'leur 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 Fi~ance ~harges sectien of this Agreement, the new finance charge calculation will apply to yeur entire Account balance from the effectiVe date of the change. Changes will apply to balances that Include Items !:lasted to Y.Q!!L Account before the date 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 eit~er ~ (i) government.mandated rate or (ii) wholesale market rate in effect the day before the transaction is precessed, increased by three percent (3%). If a credit is subsequently given fer a transactron, 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. Vou 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 lhe Card expiration at the end of the menth s~own on it, we reserve the right not to renew the Card. We.'Z.lay cancel the Card and yeur credit privileges at any time after 30 days notice to you, or without notice if permitted by taw, lfyeur Card IS cancelled or not renewed, finance charges and other fees will continue to. be assessed, payments wlll continue to be due, and all other applicable provisions of this Agreement will remain in e.ffecl. If you terminate your credit privileges, or if we cancel or do not renew lhe Card, you may no. longer write checks on your Account, and you sheuld destroy any unused checks we have ISSUed to you. (Col7lil7v6'<7on....6'n?r.s-e) (584$-1J8.98) 4479453023200459 1527 <g, ~~ ......~,~ __I"""",,,,"__~ ,.~-;., "~....J~,' ~.~ ..~ ~ _J -"-r..~. --."Wil.....,~.>" Personallnfo~mation; Docum,ents. You will provide ~s~ at feast 10 days n~lice if you ch~nge your name, home or mall!ng address telephone numbers, employment or income, Upon our request, you will provide us additional finanClallnfo~matlon, We reserve thenght to obtam Info;-;......,,'", lIur.l others, mc1'tldmg credn reporting agencies, and to provide your address and information about your Account to others, We mav also share mformatlon with our affihates However vou mav write to us at anv time Instructlna 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 Card. Each Card must be signed on receipt. You are responsible for safeguarding the Card your Personalldentificatron Number ("PIN", which provides access to Automated Teller Machmes) and any checks iss,ued to you fr~m theft, and keeping your ,PIN separate f:om your Card_ If you 'discover or suspect that your C~rd, PIN, ,or ~ny unused checks ,~re lost or.stolen, or that there may be an unauthonz,ed tra~sac~lon on you~ Ac~ount, you Will promptly notify us by calling 1.800-933-7221, So we can Immediately act to limit losses,and liability, you Will phone us even though you may .als~ ~olify us In wntlng, Your liability for unauthorized use occurring before you notify us is limited to $50_ If you report or we suspect unauthonzed use of your Account, we may suspend your credit privileges until we resolve the problem to our salisfactlon 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~s. We will not b~ liable if any person or Automated T e!ler Machine refuses to .honor the Card or accept your checks, or fails to return the Card 10 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, 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 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 vour oral order if we do not receive a SIGned written confirmation within two weeks after the oral order, or if we have not receIved an adequate description of the item so that payment can be stopped. The order will not be effective if the check was paid by us before we had a reasonable opportunity 10 acl on the order. We may, without liability, disregard 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 not every check and Card slip will be sent to us, transactions in your Account wit! be processed mechanically without our necessarily reviewmg every Item, OUf processing systery1 Will call our attention to certain items which we will examine_ We Will examine all transactions when you report that your Card or checks have been lost or stolen. We do not Intend ordinarily to examine all items, and we will not be negligent if we do 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 Ilmited 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 otherw-ise keep a record of them, You should also save your credit card cash advance and purchase slips_ You aGree to check vour monthlv statements aaainst vour record and to notifv us immediatelv of anv unauthorized transactions or errors Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other 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 10 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 Ihe agreemerit between you and us and may not be contradicted by evidence of any a!l~ed oral agreement. If any provision of this Agreement ,is held to be invalid or unenforceable, you and we will consider that provision modified to conform to applicable law, and the rest of the proviSions in the Agreement Will still be enforceable, At any time after we determine in good faith that any proposed or enacted legislation, regulatory action, or judicial decision has rendered or may render any material provisions of this Agreement invalid or unenforceable, or impose any increased tax, reporting requirement, or other burden in connection with any such- provision or its enforcement, we may, after at -least 30 days notice to you, or without notice 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 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 serJice on your statement (or other addresses we may specify) and shall be effective when we receive it. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill. If you think your bill is wrong or if you need more information about any transaction on your bill, write us on a separate sheet, at the address listed in the Billing Rights Summary on your bill. Write to us as soon as possible. We must hear from you no later than 60 days aftif!r 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 informahon: n 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 an,d Our Responsibilities After We Receive Your Written Notice, We must aCknowledge your letter within 30 days, unless we have con:ected the error by then.. Within 90 days, we must either correct the error or explain why we believe the bill was t;:orrect. After we receive your letter, we cannot try to collect any amount you question, 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 agal~st your credilline, You do not have to pay any questIoned amount whde 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) y,our bill, you will not have to pay any finance charge related to any questioned amount. If we didn't make a mistake, you may hav~ to pay finance .charges, and you will have to make up the missed payments on the questioned a~ount. In eith.er case, we will ,send you a sfatem~nt of the ~m~unt you owe .and the date that. It IS due. If you fall to pay the amount we think you owe, we may report you as delinquent. However, If our explanation does not satisfy you and you wnte to us wlthm 10 days telling us that you sbll refuse to pay, we must tell anyone we repoH you to that you question your bill. And, we must tell you the name of anyone we reported you. to, Wemust tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules-, we can't collect the first $50 of the questioned amount, even If your bill was correct. Special Rule f~r Credit Card Purchases, If you have a problem with the quality of the property or ~ervices that you pur~hase~ with ourcr~it card and you have tried in good faith 10 correct the problem with thE1 merchant, you may not have to pay the remaining amount due on the goods or seNlces. There are two limItations on thiS nght: (a) ~ou must haye_ m~de the purchase ~n your home state, or if not within your home state, within 100 miles of your current mailIng addres.s; and (b) the purchase price must have been more than $50. These limitations do not apply If we own or operate the merchant, or if we mailed you the advertisement for the property or services ~~~~ 1:m '"'~"'~~i!ioI~]'J~Hi",~,-j':;Hj*'",,~~~- "iJl1Ii - ~ <- ^ --,'- ~ ~iIIlo' ,-- - ~"" .'lOJS.~I. .....~' BitiiI!lid:iiiiiiI~ ~,' L ~ ~: , . . t:> ~ -b, -bg. fl ~ ~ "8 /8 ..() " & C) l/) 8 0 ~ CIv C) 0 "'O~ 0 -t <- ._~ ~ I ~ 'T I ~m ~- ::u 2: i":.il~~ ~ ~ zs;- N *'-1f'T1 ~:Z (7) :::;j(.-::J ('-J- ,I !;;:O :',\0 -0 -t~" t ~o :K -:II >,0 f;c") '& "-m ~ s;r -( 0 ~ ():) -< -, ", --. "--,~". ~"-I ~",__~ .1.1. '.' .U_L~J -." " "'''; '--' ~ ~, ,~i:-', 1-- ; ", ~ VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLE S TOWN , 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: 933 FOREST CT CARLISLE, PA 17013-4222 4479453023200459 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS KENNETH L SIMMONS Defendant i NO.00-4321 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: $1,889.05 $377.81 $210.02 ($0.00) ($0.00) $2,476.88 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 C"l Procedure No. 237.1 is attached hereto and marked Exhi ' AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL VALERIE SENBLUTH PARK,ESQUIRE Attorney for the Plaintiff _'.J:d -0__"" '. "---'-.;,,,-."~ ";w.' _" ~. .- ".......~'.- " '.-"""""IIiiii!MiiliI'.ii , " " ,~ , ;'. ,,' ~' --" ~~ ", ,,~-,;; ,.'" ,-, 'F" '~-< , " 0 0 (,~ C C) " $: ~ :::! -rJ crJ '- ,-~i )J mrn CT'J Z::r N -~""f"n ~~' ;,~S') If;>'_ (.Jl -<2 ~W ~CJ :n-~ ~O -,- ~ -0 Pc :..,.) --1 Z ~ > :<: ::D ....J -< ~ -- " , .,.', Ii0 __> -.~ '0' C~, ,,'''''''>:;''--'~' ~', ' ,_\; ."_i _- - _ ,_ ,,_,;__ " , AND NOW, , , 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. 15/~'/~ PROTHONOTARY /- L 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. , ^ ~,- - (~ 1 i I i I i , f " I 1 , , 1 I I' ~ i I , ! I , I f !i ..~- ~~'< .;' VALERIE ROSENBLUTH PARK ATIORNEY!.D. # 72094 PARK LAW ASSOCIATES,P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATIORNEY FOR PLAThITWF I HEREBY CERTWY THAT THE TRUE AND CORRECT ADDRESS IS: PLAThITIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 933 FOREST CT CARLISLE, P A 17013-4222 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS KENNETH L SIMMONS Defendant NO. 00-4321 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: KENNETH L SIMMONS 933 FOREST CT CARLISLE, PA 17013-4222 DATE OF NOTICE: 7/31/00 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. W 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: 0____________ VALERIE ROSENBLUTH PARK, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ld ~~. ~!.g-, ['I'" "",,,,. ;'f/iIIIiii( >~,;:..~~~ l~ ""-'-- " "!'lIl;"*~i;'.~jtM',,,,"i~;;;s;;tcllj[ltii::m Jf . , ~-Jlijj" -~i' - ~ ,~' .',"- ~~ ~- , "<. - .- ',- ~ (") 0 0 , C 0 -n ~ g: > =! ~ -oCJ) c: ;:-->:;TI mrT1 G'> ~ ~ Z_::Li N -';'.\;!1 zc- ;~~9 ~~: (.II -:,~C) ~ ~ ~ c:c: "" ~,S~ ~' )>c :::;.: , ~ \ z-< )>C.i ~:o~ In 10, '--' C --1 ~ ~ Z ,'.:> ?Is =< ...J -< ~ - -,. it! . ,'loJ.. 1-- H-rl_ -, ,"" .J'",_'~ . ,,>' U ,>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: 933 FOREST CT CARLISLE, PA 17013-4222 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS KENNETH L SIMMONS Defendant NO. 00-4321 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 KENNETH L SIMMONS, Defendant is over 21 years of age; that his/her place of residence/business is located at 933 FOREST CT CARLISLE, PA 17013- 4222 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 A S IATES, P.C. BY: Valerie Rosenbluth Park Attorney for plaintiff E10 ",",'" ,; _"I,,,,,,--;->~.,;." - -'dti~-'''''.",,_.,~u~~ -.dtl~mj_'~""i!'"' ,.,~ .~ ,--~ - .~, ~" '-""",""".' , ~' .... ,e .""'~h ,.' "I ",e, " 0 0 0 C Ci " :;;:: ~ ,-1 -ow mp'l a :,;'1;,2:1- z:r} N -"~~8 ~~~: U1 \1., ~c; :E:: g~ :i> ~, Jb. zc=; )>c: ~ N v: 5J .-1 ~ . , II - ;G-3, '" "._ ',,~ '.<" _ -"~_ _.', .~ ,(; " ~-,-" , '-, ',I; , , '._~~ VALER!E 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: 933 FOREST CT CARLISLE, PA 17013-4222 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS KENNETH L SIMMONS Defendant NO. 00-4321 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. PROTHgNOT}\RY: 1<1 au~,e, ~ //Zc 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. , , , - ,~>~..-- '~ ^ ,'uk, "'I SHERIFF'S RETURN - REGULAR CASE NO: 2000-04321 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS SIMMONS KENNETH L ROBERT L. FINK, SR. , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon SIMMONS KENNETH L the DEFENDANT , at 1350:00 HOURS, on the 10th day of July , 2000 at 933 FOREST COURT CARLISLE, PA 17013 by handing to KENNETH SIMMONS a true and attested copy of COMPLAINT together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answers:r~~ R. Thomas Kline Sworn and Subscribed to before 07/11/2000 PARK LAW ASSOCIATES BY:~~ =-, ~ , D puty Sner~ f rL- me this 4 - day of (j,c;;; AD . ^ f1 /n.d#c. " ~, rothonotary ,,-~".'" ~- -- ~~" . - ~~...~ 1 ....18 ""'-~,,\ . . VALERIE ROSENBLUTH ANGST, ESQ. ATTORNEY ID#72094 ANGST & ANGST, P.C. 37 SOUTH CLINTON STREET J? 0 . BOX 1 77 9 DOYLESTOWN, PA 18901 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC Plaintiff VS KENNETH L SIMMONS Defendant NO. 00-4321 PRAECIPE TO MARK JUDGMENT SATISFIED, SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mark the above captioned matter satisfied upon payment of your costs. ANGST & ANGST, P.C. BY: VALERIE ROSENBLUTH ANGST, ESQ. ~_/ '=> " 'v"'-<J-'''__~ffij.i&l-1~j;'i!.I'-..l:i1Il1d''';U'''''-~''''i.?-Ei<~,;~~~Ili1ilU'1''''~IIU.''~ ~, l'-- ,~ ,~'< J~~_ , ""',,~-- , " ~'. '~;bllllll.' I ""......,.-~.~rllb:'~i!l-~ .1<" . . Q "'" = 0 ~~ = "T1 en l--~ U, ..... 1""1 It] u rnp -r-;m G.) 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