Loading...
HomeMy WebLinkAbout00-04570 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 :'1 plaintiff VS. WILLIAM L MARTIN Defendant NO. DC - ~ S'/O (JcJ~(~ NOTICE t~! 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. i "I , i \1 ,j 'I :1 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. ~ 1 .'j ,-, i - ,',' I CUMBERLAND COUNTY BAR AS,sOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249 3166 or 1 800 990 9108 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. , , "'-"" '."~-''', rc"",;- C:'''~~' - " "'7 '-"', ". -"""'7 0, ," ,"'f'- , ,"'.. ~,__ ,,, ~,..-, , -~,~- f j, ~"i 1: f; to; , !i! 1: " il ;:1 " Ii, ," t,i );i ;,'; I ,,, f i'i " 'I ", q 'i ! I ,I ,'1 ::1 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#:5418255002665953 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS WILLIAM L MARTIN 623 HIGH ST ENOLA, PA 17025-3162 DEFENDANT NO. t'-O" 'I J 10 t3.;;J -r ~ CIVIL ~CTION 1. The Plaintiff, PROVIDIAN NATIONAL BANK, is a national banking association organized and existing under and by virtue of the laws of the United States of America. Plaintiff solicits and maintains consumer credit accounts in Pennsylvania and is the owner of this account, which is the subject matter of this action. 2. The Defendant, WILLIAM L MARTIN, has a mailing address at 623 HIGH ST, ENOLA, PA 17025-3162. 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 '-' :,~,','.f"',_''-.!. 'c ;:' --~<:'~' -- ,^^,-', '''',~,'; ,~, ."', ,--~~ '-Y:_~" '~"""" . ',-r:-'~'",- , " "" c , ~," "7___"__','_' owned by the Plaintiff bearing account number 5418255002665953. 4. The Defendant requested an account, account number 5418255002665953, which is owned by the Plaintiff, and an Account Agreement was sent to the Defendant. A copy of the Agreement is attached hereto as Exhibit "A" and made a part hereof. ( ,1 'J 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. '~ a :~ ,,'- 6. The Defendant is indebted to the Plaintiff in the amount of $5,380.62 as of 04/13/2000, plus pre-judgment contractual interest at the rate of 20.99% per annum, less payments made. "I ,,:1 ;'1 ':1 I ,I ': 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 $1,076.12. ~i ':1 WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $5,380.62, plus pre-judgment interest at the contractual rate of 20.99% per annum from 04/13/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,076.12, less payments made, plus costs and any other such relief as this Court deems reasonable and just. ~I ~! :;<1 " ',I] :~I , ;,1 ':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. '. "-'" _"'''''_"" _~ ",.."c, ..' ~ ,""",,-,"'<~",'" ~"', ','"' '", -~",,, -",' '-"--~"'~ -' -~,' '-'. ' ___' '~,O"',: "__'~',__,_ '.'c-',; , " 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 12. It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $5,380.62, plus pre-judgment interest at the contractual rate of 20.99% per annum from 04/13/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,076.12, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: //1 ~ VALERIE ~BLUTH PARK, ESQUIRE >1 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:"-'''~'7_,.. -<" .'c_''''",:!,,_' '~J. ". ,,-,,"-,- -',l ~ ,- I, VERIFICATION HE~IHER KOOREMAN , declare that as of April 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 Designated Agent ""' ~,"",",~, '- ~ ~ ',,' ",,,-,-- < ~--, ,--~- v,""'_o.,, '_'1 _,,,",,,",,,,~,,_,,, ',-' 'l\V~PROV~N' ~ Finanrial Provid\an National Bank VISA@or MasterCarC0 Account Agre_emenl for William L Martin April 17, 2000 Please review this document and keep it with your other important papers, This Account Agreement contains Ine terms which govern your Providian National Bank VISA or asle ar cc (the "Account"), The Account aHows you to make purchases by using your VISA or MasterCard card (the "Card") wherever it is honored and to gel cash advance,s from us Of 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 Natlonal8ank 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 Ihe 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 instruc1ions on your monthly statement The back of your statements shows the rules we follow when we post payments, Convenience checks and other checks we issue to you may not be used to make payments on your Account or to make payments on any other account you have with us or our affiliates, The payment due will be: 2% of the new balance shown on your statement plus the amount of any past due,payment, and may include the amount by which the new balance exceeds your credit line, However, the payment due Will not be less than $15 (unless your new balance ,is less than $15, in which case the payment due will be the amount of Ihe new balance), If your Account IS past due or above the credit line, we may require a higher minimum payment, but we Will notify you before doing so, If your payment IS more than the payment due, it will be treated as a single payment and none of it will be 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 right to colle<:t all amounts owing under this Agreement. Finance Charges~ Except as described m the Grace Period for Purchase Balance section of this Agreement, finance charges begin to accrue on a debit when it is included in one of your daily balances and continue until that balance IS reduced by a payment or credit. Your Account has the folloWln8 balances, The Purchase Balance, which consists of your existing Purchase Balance and new purchases you make with your Card and fees for certain optional services; one or more C~s!om_ , ?S~ Advaryce Bal?nces, which conSists of balances that you transfer to your Account usmg 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 wiUordinarily be applied first to the Balance with the lowest Annual Percentage Rate (APR}, untillhat Balance is zero, and then 10 the Balance with the next lowest APR, until that Balance is zero, and then to any remaining Balance. We reserve the right to apply payments differently without further notice, The Purchase,-'Custom Cash Advance; and Cash Advance Balances are reduced by payments as of tne date received, and by credits as of the date posied, Purchases are included in your Purchase Balance as of the date made, Custom cash advances are included.in your Custom Cash Advance Balance as fonows' funds electronically transmitted to other lenders to lransfer balances, as of the date transmitted; checks 10 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 fioanciallnstitutions and through Automated Tellers, as of the date made; cash advance checks made payable to you tnat 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 debits are included in your Purchase, Custom Cash Advance, or Cash Advance Balance as of the date posled, 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 penod for custom cash advances or other cash advances, To fi.gure the daily finance charge for each type of Balance, we start with your previous-Clay'S Balance; add all debits and subtract all credits for the currenl day and multiplylhe net amount by the applicable daily periodic rate (see fonowing 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 wilt be made for, any transaction or payment that would have affected the finance charge calculation in a prior billing cycle had it been posted in that cycle. The applicable daily periodic rate for such a transaclion 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 Ihe periodic rate to obtain subtolals, and then add the subtotals logether to determine your total 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 "Pom~ Rate" as used in the Agreement means the highest prime rate published in the Waf{ 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 Ihe amount of your mInimum payment. The ANNUAL PERCENTAGE RATE (APR) for purchases will vary and maybe adjusted each billing Cycle up to 12:24% above Prime Rate, but will in no event be less than 19,99%. Using this formula. the APR for purchases in the April 2000 billing cycle is 20.99%, corresponding to a daily periodic-rate of 0 05751%, The ANNUAL PERCENTAGE RATE for custom cash advanc,es will vary and may be adjusted each billing cycle up to 12,24% above Prime, Rate, but will in no event be less than..19,99%, USing this formula, the APR for custom cash advances in the April 2000 billing cycle is 20.99%, corresponding to a daily periodic rate of 0,05751% The ANNUAL PERCENTAGE RATE for cash advances is 21,99%, corresponding 10 a daily periodic rate of 0,06025% !fyour payment is received late twice in any 12-month period, or if you significantly increase your total unsecured debt (as explained in the CREDIT REVIEW paragrapn below), the APR for purchases may increase, but will not exceed 23,3%, corresponding to a daify periodic rate of 0 06384%~and the APR for cash advances and custom cash advances may Increase, but will not exceed 23,3%, corresponding to a dally periodic rate of 0,06384%. Your Account may be eligible for lower APRs after you have met the terms of this Agreement for three months. If you contact us, we will review your Account 10 determine your eligibility for lower APRs, CREDIT REVJEW: SPECtAL REQUIREMENT. You agree not to sigmficantly increase your total unsecured debt. Yo.ur APR can increase (as explained above) based on a significant increase in unsecured debt, if your tolal unsecured debt and your total unsecured debt with o,ther lenders each increases by more than $5,00.0 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 stan of the next billing cycle, You will pay no finance charge on such new purchases if you pay the total new balance in full by the payment due date shown on your statement. New purchases posted In any other billing cycle incur a finance charge, and there is no period in which such purchases may be repaid without incurring a finance charge, Fees. We may 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 sucn 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 Account is closed, If you reguest copies of billing statements that were first senllo you more than three months earlier, we may 'charge a handling fee of S2 for each such copy, If you request that we make a one-time automatic payment from your personat checking account, we may charge your credit card account a fee of $4,95 for each request. This fee is a FINANCE CHARGE, and it will apply regardless of whether funds are available In your personal checking account to make the payment. We may charge a transac1ion fee of 3% (minimum $5), which is a one-lime FINANCE CHARGE, on the amount of each cash advance, including cash from financial institutions, and A TMs, wire transfers, money orders, lottery tickets, casino gaming chips, and similar transactions. Default You will be in default if any information you provided us proves 10 be incomplete or untrue; if you do not comply with any part of this Agreement; upon your death, bankruptcy, or insolvency; if you do not pay other debts when due; if a bankruptcy petition is filed by or against you; or if we believe in good faith that you may 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 shall continue to accrue interest at the APR(s) disclosed in the Finance Charges section of this Agreement, even if we have filed suilto 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 authonzed but not yet posted), If you send us a large payment check, we may limit your available credit while we confirm that the che,ck will c1eaL For certain transactions,-available credit may be less. You will not use your Account for, and we may refuse to honor, any transaction which would cause you to exceed your available credit. Promise to Pay, You promise to pay us when due all amounts borrowed when you or someone,else use your AccolInt (even if the amount charged exceeds your permission), aJl 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 will apply to balances that include items oosled to ~ Account before the date of the chance, and will apply whelher or not you continue to use the Account. Foreign ExchangefCurrency Conversion. If you use your Card for transactions in a currency other than U,S doJJars, 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 transacbon IS processed, Increased by three percent (3%), If a credit is subsequently gIven for a transaclion, it (Continued on reverse) (5848-0698) 5418255002665953 1529 581 Z56L will be decreased by the same percE;ntage. The.currency Conversion rate used on the conversion date may differ. fmm 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 tancel your credit privileges at any time by notifyi.ng us in writin~ and destroying the ~ard(s), Upon .the Card ,exp,lration at the end of the month shown on it, we reserve the nght not to renew the C13.rd, 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 not renewed, finance charges and other fees will continue to be assessed, payments will contmue to be due, and all other applicable provisions of this Agreement will remam in effect If you term mate 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; Documen~. You will provide us at least 10 days notice if you change yo~r name, home o,r mailing addr:ess, tel~hone numbers, employ~ent or income, Upo~ our request, you will provide us additional financialmformation. We reserve the right to obtam information fr~m others, mcludmg ~redlt reportmg agencIes, and to provide your ~ddress an,d information about your Account to others. We mav also share information with our affiliates, However vou mav Wflt~ to us at anv lI,me Instructma ~s not to share credltmformahon 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 reportmg 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 Personal Identification Number CPIN", which provides aCCE:ss to Automated Teller Machines) and any checks issued to you from theft, and keeping your PIN separate from your Ca~d, If you discover or suspect that your Card, PIN, or any unused checks are lost orslolen, or Ihal there may be an unauthorized transaction on your A~~ount, you wiJJ promptly notify ~s by calling 1.80~.933~722t So we can Immediately act to limit losses and liability, you WIll phone us even though you may also notify us in wnting, Your liability for unauthonzed use occurring 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 until we resolve the problem to our satisfaction or Issue you a new Card, If your Card IS lost or slolen, you will promptly destroy all checks m your possession. To improve customer service and secunty, you agree that your calls may be mOnitored or recorded, Merchant Relations. We will not be liable if any person or Automated Teller Machine refuses to honor the Card or accept your checks, or fails to ret~rn the Card to you, We have no responsibility for goods and services purchased with the Card or checks except as required by law, (See Special Rule below,) Certam 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 slop 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 ,sta!ement. ,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 mformalron 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 Olav 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 opportUnlty'to act on the order, We may, without liability, disregard a written stop payment order six months after receipt unless it is renewed in writing. 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 calf our attention to certam items which we will examine, We win examme all transactions when you report that your Card or checks have .been lost or stolen, We do not intend ordinarily to exam me all Items, and we Will not be negligent if we do not do so, This rule establishes the standard of ordinary care which we m good faith will exercise in admllllstering your Account. Because of our limited review, and because l'1either your cancelled checks nor Card transaction slips will be returned to you with the monthly statement, you should be careful to enter all checks in your check register or otherwise keep a tecord of them, You should also save your credit card cash advance and purchase slips, You acree to check vour monthlv statements aaalnst vour record and to notiN us immediatelv of anv unauthorized transactions or errors, W3iver 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 to require us to proceed agamst anyone before we file suit against you, Applicable Law; Severability; AS!;;ignment. No matler where you live, this Agreement and your Account are governed by federal law and by New Hampshire law, This Agreement is a final expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement. If any provision of thiS Agreement ,is held to be invalid or unenforceable, you and we Will 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 acllon, or Judicial decision has rendered or may render any material prOVIsions of this Agreement invalid or unenforceable" or Impose any Increased tax, reportmg 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 giv~ you such notice by filing a finanCing statement wllh the state's Secretary of State, Notices. Other notices to you shall be effective when deposited in the mail addressed 10 you ,at the address shown on our records, unless a Jonger notice period is specified in this Agreement or by law, which penod shall start upon mailing. Notice to us shall be mailed to our address for customer servIce on your statement (or other addresses we may specify) and shall be effective when we receive It. YOUR BILLING RIGHTS .. KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Acl. Notify Us in Case of E"ors,orQ~estions About YourBiJI. If you think your bill is wrong or if you need more information about any transaction on your bill, write us on a separate sheet, at the address listed in the Billing Rights Summary on your bill. Write to us as soon as possible, We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared, You can telephone us, but doing so will not preserve your rights. In your letter, gIVe us the following information: -- Your name and Account number. - The dollar amount of the suspected error, - Describe the error and explain, if you can why you believe there is an error. If you need more information, describe the item you are not sure aboul. If you have authorized us to pay YOUr credit card bill automatically from your checking account, you can stop the payment on any amount you think is wrong, To stop the payment, your letler must reach us three bUSiness days before the automatic payment is scheduled to occur, Your Rights and Our Responsibilities After We Receive Y~ur Written Notice. We must acknowledge your letter withm 30 days, unless we have corrected the error by then, Within 90 days, "Ne must either correct the error or ~xplain 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 -.:.on~inue 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 sttll obligated to pay the parts of your bill that are not In question, If we find t,hat we made a mistake On your bill, you will not have to pay any finance charge related toany questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you Will h~ve to make up the missed payments on the questioned amount. In either case, we Will send you a statement of the amount you owe and the date that it is due, If you fall to pay the amount we think you owe, we may report you as 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 qlJestlon 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 I,(we don't foll()w these rules, we can't collect the first $50 of the questioned amount, eveqlf YOYI bill was correct. _ Special R~/e for Credit Card Purchases. If you have <it 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 th.e merc~a~t, you may not have to pay the remaining amount due on the goods or services. There are two limitations on thiS right: (a) you must have made the purchase In your home state, or If not Within y.our 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 jfwe own or operate the merchant, or If we mailed you the advertisement for the property or services, " '~0_ , ,- ,~,~.. -"! ~ "__""''lFl!~_,', . ""'~",.''''-, ,~ iV (J ~ ~ 0 C> ~ 0 Q If.. ~ 0 ~ a ~il C5 _ s: ,- DO) ::~i () t[JrTJ r:: g . d:: ;:jlp ..0 ~ (1 .4-_~ ~J.} ;::::c- "'> ~-~~m ~ ...:) ~;?; co ....:.)0 , 'c: ~ I <~-t.....J ::;1_.1 ~ \ ;e " [i~ ,0 ~ ~ );;'0 it! -'c ~ CiOll 0 Z t:" ~I t =< :0 U1 -< t ~ ~~ _~~"',~~j,ll __Il,I.JU!I'll;l':!l\~~!!lffl'~"'-"!i~!l'i'~<j\<l'ni!'!ir~~~~j1jl-,"j-}lffll'i'Hil~~!!i"fl\!l\'~1~il\Jt'~\'Ii~~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-04570 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS MARTIN WILLIAM L WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MARTIN WILLIAM L the DEFENDANT at 1800:00 HOURS, on the 10th day of July 2000 at 623 HIGH STREET ENOLA, PA 17025 by handing to WILLIAM MARTIN 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 So Answers: r7~~~ 18.00 9.30 .00 10.00 .00 37.30 R. Thomas Kline 07/11/2000 PARK LAW ASSOCIATES Sworn and Subscribed to before me this 020 tbo day of 0'~ AD a. /J1~ II'-^" ~ rothonotary By: ~~ )P ,,_ 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: 623 HIGH ST ENOLA, PA 17025-3162 5418255002665953 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK plaintiff VS WILLIAM L MARTIN Defendant i NO. 00-4570 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 $5,380.62 $1,076.12 $377.50 ($0.00) ($0.00) $6,834.24 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 c~~rect copy of the notice pursuant to Pennsylvania Rule of Civi rocedure No. 237.1 is attached hereto and marked Exhibit I " TOTAL "._- "', ,c:'~"",",~;:;,__"t-,~" ---,""~- c>",K' ",-~'," "'f" " "",' ""''"'''l':''!' < . ,.. - ",--<~ ,",-" ,," VALE ROSENBLUTH PARK, ESQUIRE Attorney for the Plaintiff - -",--~ , . ',"-' " ", - AND NOW, {:J(~Q ~p , .J~f.i? ' Judgment is entered in favor of the Plaintiff and agains the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. 1"1 f4t-h.J 12 .4- {PROTHO OTARY 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. , , ",' - ',' "0< ~''!~",e ,'~ .. '~--O:'''c~''';?'~',~, ,> ',.__;~',1' ,",< '" " ~,,'" "':"'-_~ - '-'';'.' -"'~~ ',," ,~,,'~ ",-;,.." " - ~,- --~- ~",~'" " ,,-,. ,~--",. -~- -, VALERIE ROSENBLUTH PARK ATTORNEY J.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAlNTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAlN STREET TILTON, NH 03276 DEF: 623 HIGH ST ENOLA, PA 17025-3162 CUMBERLAND COUNTY COURT OF COMMON PLE~S PROVIDIAN NATIONAL BANK Plaintiff VS WILLIAM L MARTIN Defendant NO. 00-4570 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: WILLIAM L MARTIN 623 HIGH ST ENOLA, PA 17025-3162 DATE OF NOTICE: 7/31/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAlLED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM TIJE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENrERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIJER II\:1PORTANT RIGHTS. YOU SHOULD TAKE THIS NQJ"ICETO ALAWYERAT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIJE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADl\UNISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4" FLOOR CARLISLE, P A 17013 (717) 240-6200 PARK LAW ASSOCIATES,P.C. BY: VALERIE ROSENBLUTH PARK, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT A ~ ~ ~ s 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: 623 HIGH ST ENOLA, PA 17025-3162 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VERIFICATION I NO. OH570 Of NON-MILITARY SERVICE VS WILLIAM L MARTIN Defendant COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS " :i 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 WILLIAM L MARTIN, Defendant is over 21 years of age; that his/her place of residence/business is located at 623 HIGH ST ENOLA, PA 17025-3162 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 OCIATES, P.C " , U !, " I ~j ~' ! BY: Valerie Rosenbluth Park Attorney for Plaintiff E10 '~" ""","\~~'r1"!'5"'~?,,'1!_,,"Y':s'OV ""[', '\"?'.,:"",, '\', ;,' "~---:~,- ..,,,'_1 ,;1,'" ,., ,,~ --",.., ,'" '(., ,,' ,-'-- ,.~ "1"___ .' _~ ,'"C' "':"",1'1"-- l" ~," -, " " -" ,', '- 1-" -- -. __, - , . . 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: 623 HIGH ST ENOLA, PA 17025-3162 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK plaintiff VS WILLIAM L MARTIN Defendant NO. 00 -4570 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. PURSUANT TO THE REQUIRED THAT WE STATE TO COLLECT A DEBT. ANY PURPOSE. PROTrro;pY'~ ~ i\.f jJ? /l.) . FA:R DEBT COLLECTION P CTICES ACT, IT IS THE FOLLOWING TO YOU. THIS IS AN ATTEMPT INFORMATION OBTAINED WILL BE USED FOR THAT , , , -,,~;'"<'" '.,"" -., ~'''~ ."",--~"" ", ,-"'r- , ", '" " >,' ,"" , " , , "r,,^ , ," _' "" "'A',,'--"" -CO,'.' . '_r _ c" II ~, , ~ e liIr"" ~iKliU]fr'" . . ~~ (:) ~ ~ ...0 . 8 r (") l.-:::i -- - C C:> () ~ ~ ? ",'i i::J i~l::: '~ f! Q~I[i:, ::) 3 ..c: ~;;:~~:.:' (jj ~> r\) 6"'" t ~.~~." Co ~', o.r ~ , - r J- 3-~,.. " r-. ~ > -. " -1--; ~ 5>2 -,---, " ~- i"r~ d ....:::" :..-:-J ::< ."...... (" =0 -< - ~~. ~" _~ <___L "w"~" ",,~~ilff,!"-,~ ,"~~,"sI~~~IJll\m:f!iIIfffi~ " , 'c,'