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HomeMy WebLinkAbout00-04872 ~ , .~~> . f <, ;-" c,.'_, ,- ., , ," w .'^. -,-,., .,-c.' " .j,." .c... " .' '" .. 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. JOHN W BRENIZER ELIZABETH S BRENIZER Defendant NO. CX:J - J.jJ>?~ CjCJ:L'-r~ 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. "".'n__ .,; -:;"- -~ ~~, - ,'> ,::,: ^ >. """ .. _d ,; ,\;~, ,-\:,~ :_ ~"':"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#:4479434002831720 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS JOHN W BRENIZER 11 CREEKVIEW RD NEWVILLE, PA 17241-9443 ELIZABETH S BRENIZER 11 CREEKVIEW RD NEWVILLE, PA 17241-9443 DEFENDANT I NO. CIVIL ACTION - ~ m, _ 'I" 7:z... Ct.uJ (.v-- 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, JOHN W BRENIZER, is an individual who resides at 11 CREEKVIEW RD, NEWVILLE, PA 17241-9443, and ELIZABETH S BRENIZER, is an individual who resides at 11 CREEKVIEW RD, ''-'''''' ",,<,< " ", - ~ *"1 I , NEWVILLE, PA 17241-9443. 3. The Defendants are indebted to Plaintiff on the credit account by virtue of charges or cash advances incurred by the Defendants or authorized by the Defendants on a credit card or line of credit owned by the Plaintiff bearing account number 4479434002831720. 4. The Defendant requested an account, account number 4479434002831720, 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 nAY and made a part hereof. 5. The Defendants have failed to pay the amount owed in accordance with the Account Agreement and have failed to pay the outstanding debt as agreed. 6. The Defendants are indebted to the Plaintiff in the amount of $4,547.35 as of 04/05/2000, plus pre-judgment contractual interest at the rate of 21.90% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $909.47. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendants in the amount of $4,547.35, plus pre-judgment interest at the contractual rate of 21.90% per annum from 04/05/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $909.47, less payments made, plus costs and any other such relief as this Court deems reasonable and just. '" ,.~ '" -".",-- -<:,.:, ..' ", .-- -~ , -C,,-.',' ,--', , iID,~':j COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendants received a monetary benefit, which was in fact appreciated by the Defendants. 10. The Defendants accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendants knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 12. It would be inequitable for this Court to allow the Defendants to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendants to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendants in the amount of $4,547.35, plus pre-judgment interest at the contractual rate of 21.90% per annum from 04/05/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $909.47, 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. .."-'..'" .' ," ~~ - "",' ",," ,,', ", '~; _._ V" --",_ -_- .'" " _ .,_-,-->,,__,_., ". .. . VERIFICATION I, SUE CORRIEA , declare that as of June 12, 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 Agent ~- t~~PR~IAN ~/ Fj"am:iul Pravdan Nahonal8ank V1SA@orlvlasterCarC@: April 6.,2000 '" . " D '" EXHIBIT # Please review this document and keep it with your other important papers. This Accaunl Agreement contains the terms which govern your Provfdian Nah ... . _ . ,_~ '.....~,~, ... ,t (the ~~cc.ount.). The Account allows yo~ ~o make purchases 'cry USing your VISA or MasterCard ~:d (the 'Card") wher~~er it is honored and 10 get Gash advances from us or any alher participating financlallnstllutJon and from AlJtomatea I eller ,Machines. Conv;nte~G.e ch;Sks m~y als~ b~ prOVided !~ you as ~n additional '~ay to ~se the Ace,ount. In this Agreement, .you' and .your" mean each person for whom we ~ave opened a credIt card Account. We, our, ours, and US' mean PrOVIClan National Bank or lIs aS~lgnees, as listed on your billing statement. The Account may be used only for personal, family, household, and chantable purposes, and not for any bUSiness or commercial purpose, Any use of this Account shall constItute accectance of the terms or this Agreement. If the Account was opened as a loint account, we may act on the instructions of eilher joint accountMolder You and we agree as follows: . Payments. You wjJJ receive a moolhly statement showing your ouls/anding balance. Payment on this Account is required in U,S. dollars (checks must be payable at a u.s, offcce af the bank the check is drawn en) for alleast lhe payment due as shown on your statement by lhe payment due date in accordance with payment instructions on your monthly stalement. The back of your stalements shows the rules we f~Jlow when we P9st payments. Convenience checks and other checks we issue to you may not be used 10 make payments on your JI.ccount or to make payments on any other ,account you have wllh 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 w~ich the new balance exceeds your credit line. However, the'paYl!Ie,nt due will not be less t~an S1~ {~nless your new balance is fes,s lhan 51!?, in which case the'payment due will be the amount or the .n~ balance). If your p:ccountlS past du~ or abov~ the credll li~e, we may require a higher mlnlmulJ'! payment, but we Will notify you berore domg so. If your payment IS more than the payment due, It Will be treated as a Single payment ana none of It WIll be applied to future payments due~ We may accept late or partial payments, or payments marked 'paid in fuJI- or marked With other restrictions, without losing our righlto collect all amounts oWIng under lhis Agreement. If you have made special payment arrangements wilh either First Union or Providian, you need to continue making the agreed up_on payments. Finance Charges. Except as described in the Grace Period for Purchase Balance section of this Agreement, finance charges begin to accrue on a cebit when it is included in one of your daily balances and conlinue until that ~alance is reduced by a paymeryt or credit. Yo~r Account has the following baiances: The Purchase Salance Yihlch. consists of your exisling Purchase Balance and new purchases you make WIth your Card and fees for certain optronal SeNlces; one or more Custom Cash Ad/ana! Balances, which COnsists or balances that you transfer to your Account using balance t~ns[er checks and balances lhat we transfer for you; and the Cash Ad/ance Balance which conslsls of all other cash 3cWances and cash advance transaction fees, Any payment amount we receive that exc~ the finance charges and fees then due will ordinanly be applied first to the Balance with the lowest Annual Percentage Rate (APR), unlil thalBalance is zero, and then to the Balance with the next lowest APR, unlll that Balance is zero, and then to any remaining Balance. We reserve the right to apply payments differently without further nolice. The Purchase, Custom Cash AdJance, and Cash AdJance Balances are reduced by payments as of the dale 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 eleclronlcally transmitted to other lenders to transfer balances, as of l~e ?ale tr~nsmitted; checks to transfer balances, as of lhe date presented to us, Other cash advances are included.in yeur Cash AcWance Balance as follows: cash adJances from olher financIal InstltulIons and through Automated r elfers, as of the dale made: cash advance. checks made payable to' you t,hat' are idenlified as cashier's checks and mailed to you at your rec;uest, as of seven days after the dale we print on the check; all olher ahecks, as of the cale preSentee to us. Other debits ar~ 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 cay of the billing Ofcle. There is no grace period for custom cash advances or other cash advances. To figure the daily finance charge for each type of Balance, we start with your plevious day's Balance, add all debits and subtract all credits for the current clay and multiply the net amount by lhe applicable Caily periodic rate (see following paragraphs). The finance charge for each type of Balance is then added to and incluced In that day's Balance, We treat a creeit 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 chat:ges, an adjustment will be made for any transaction or payment lhst would have affected lhe finance charge calculation in a pnor bllling cyde had it been posted in that cyCle. The applicable_daily periodic rate for such a transaction will be the rate in effect for the current billing cycle ralher than the rate in effect on the date or the transactIon. Your statement includes an average daily balance for each type of Balance, You can mUltiply each average dally balance thai is not zero by lhe number of days in the billing cycle and the periodic rate to obtain subtotals, and then add the sublotals together 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 "Prime Rate" as useq 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 ar decrease in the Annual Percentage Rate will take effect on the firsl 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 will vary and may be adjusted each billing cycle up 10 13,4.% above Prlme Rate, but will in no event be less than 21.9%. Using lhis formula, the APR for purcnases in the April 2000 biJIlng cycle is 22,15%, ccrresponding to a daily periodic rale oro 06065%. The ANNUAL PERCENT AGE RATE for cash advances is Zt .9%, corresponding to a daily periodic rate of O.OOCOO%. If your payment is received late twice in any 12-month period, or if you Significantly Il1cr~ase your tolal unsecured debt (as explained in the CREDIT REVIEW paragraph below), the APR for purchases may increase, but will not exceed 23.3%, correspognding to a daily pericdic rate of 0.06384%; and the APR for cash advances and custom cash advances may increase, but will not exceed 23,9%, corresponding to a daily perioaic rate of 0.06548%. Your Account may be eligible for lower APRs after you have met the tenns or thiS Agreement for three months. If you contact us, we will review your Account to determine your eligibility for lower APRs. CREDIT REVIEW: SPECIAL REQUIREMENT. You agree not 10 significantly increase your total unsecured debt. Your APR can increase (as explained above) based on a significant increase in unsecured debt, If your total unsecured debt and your total unsecured debt With other lenders each increases by more than 55,COO and your aMual household income is less lhan four times your total unsecured debt. Grace Period for Purchase. Balance. New purchases posted ~a your Account in billing cycles with no previous balance, or when the previous balance was fully paid during th~ cycle, do not begm to incur a finance charge unll! the start of the next billing cycle. You wiil P01 no finance charge on such new purchases if you P<r1 the total new balance in full by the payment due eale shown on your statement New purc:,ases 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 Acco~nt SO for: each Card you ask us to replace; each rett.:rned payment each check you writ~ on your Account that we relum unpaid; each stop p?y.ment order ~~ renewal of such an order; each billing cyde within which your Account is delinquent (lale charge); and each b1l1il]g C'J,c.le within which your balance exceeds your credit line (overllmlt fee), even Ii your Account IS dosed, If you rec;uest copies of billing statements that were first sent to YOIJ more than three mOnths earlier, we may charge a handing fee of S2 for each s:.:ch copy. If you rec;tJest that we make a ana-lime automalic payment from your personal checking account, we may charge your credit card account a fee of S4.55 for each reqJest. This fee ls a FiNANCE CHARGE. and it will apply regardless of whether funds are available In ycur personal chec.~ing account to make the payment. We may charge a transaction fee of 3% (minimum S5), which is a one-.time FINANCE CHARGE, on the amount of each cash advance, including cash from finarlciaJ inslitulions, ar1d ATtvls, wire transfers, money oreers, lottery tickets, casino gaming' chips, ana SImilar transactions. . Default You will be in default if any information you provided us proves to be incomplete or unlrue; if you co not comply with any part of this p.greemenr. upon your death: bapkruptcy, or . insolvency; if you do not pay other debts when due; if a bankn:ptcy pellticn Is filed by or against y_ou; cr if we believe in good fai,h that you may not payor perform your obligatIons ur.der :hls Agreement. If you are in defauit we may, without further demand or notice, cancel your c;edit privIleges, dec!ara your Account b2lance immediately due and payable, and u~e any remedy we may have. In the event of Y9IJr default, lhe outstanding balance on your Account shall continue to accrue interest at the APR(s) disclosed in the Fin:aoce Charges section- of thIS Agreement, even If we have filed suit to collect the amount you owe. Credit Line. Your creelt line is specltied from time to time to a separate notice. Your monthly statements show your credit line and the amount of your available cracit We may increase or decrease your credit line based en information we obtained from you or your credit raccrcs. Your avail2ble credlls normally the difference belween your cram line snd yo~r Account balanc~ (including transaCllons made or authorized but not yet posted). If you send us a large payment check, we may limit your aval12ble credit while we confirm that the check Will cfE<7r. Fer certain transactions, available credit may be less, You will not use your Account for, and 'He may refuse to honor, any lransaction which would cause you to exceed your available credit. Promise to Pay. You premise te pay us when due all amounts borrowed when you or someone else use your Account (even if the amount charged exceeds your permission), aJ) other transactions and charges to your JI.ccouot, and collection costs we incur inCluding, but not limited to, reasonable attorney's [O!:;S and court costs.. (If you win the SUIt, we Will pay your reasonable attorney's fees and COUf! costs.) Changes. After we provide you any notice req.:ired by law, we may change any part of this Agree.'11ent and aedor remove requirements. If achange is made to the Fi~ance ~harges section of this Agr~ent, the new finance charge calculation Will apply 10 your entlra Account balance from the effective date of the change, Changes WIll apply to balances that Include- Items uosted to YQ!:[. Account before the date or the chance, and will apply whelher or not you continue to use the Account. Foreign Exch:ange/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, ~enerally using eitryer~ (i) g~vemmeni.maneaJed rate or (ii) wholesale market rate in eff~t t~e day before the, transaction. is processed,.!~creased by thre~ pe~cent (3%), If a credit is subsequently gIVen for: transactlo~, it Will be decreased by the same percentage. The currency conversion rate used on ihe conversion date may cmer frem :he rate In effect cn the eate you used your Card. You agre~ to accept t e converted amcun! In U,S, dellars. (ConGhwC"ofT ~vers~! (5:;46..'7098/ 447.94.J-J/}{)28:J1720 1525 C03 2561 .,;; ~ - ~ ~~ ..........~~~, ~ lIi.i W"-'-~ ~'~!.._"" .-....,-~'.,~- " -~.... ~"-~~ < - ,~"" .~II~iII;, -,,'-~ >.'1 ~-"-""'''''H~~Pl1l<>","",""jtl;' The Card; ~ncellation. You may cancel your credit privileges at any time by ~otifyi.ng us in writin~ and destroyil'J.9 the C;;>rd(s), Upon the Card expiration at the end of the month shown on it. we reseNe the nght not to renew the Card_ We n18_y ~anc.ell~e Card and your credit prtvlle~es at .any time after 30rdays notice to you, or without notice If permitted ~~i your Card IS cancelled or not renewed, finance charges and other fees will continue to be assessed, payments Will conlinue to be due, and all other applicable provisions of this Agr~~ 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. Personallnfo~atio.n; Oocum.e.nts. You ~ill provide ~s at least 10 days n~tice if you ~h~nge yo~r name. home or mailing address, telephone numbers, employment or income. Upon our request, you will provide us addltlonc31 financial Info~matlon. .We r~seNe the,nght to obtain Information from others. including ~redit reporting agencies. and to provide your address and information about your Accountt~ ot.hers. We rrl~V also share Infofmatl~n With ~ur affiliates. However vou mav write to us at anv lime Instructina us not to share credit information with our affiliates. If you do not fulfill your obhgal1ons 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 Personal Identification Number ("PIN', which provides access to Automated Teller Machines) and any checks Issued to you from theft, and keeping your PIN separate from your Card. If you discover or suspect that your C?rd, PIN, or ~ny unused chec.ks .~re lost or,stolen, or that there may be an unauthoriz,ed tra~sacti~n on your Account, you will promptly notify us by calling 1-800-933-7221. So we can Immediately acl to I1mlt losses and lIabillly, you Will phone us even Ihough you may also notify us In writing. Your liability for unauthonzed use occurnng before you notify us is limited to $50. lfyou report or we ~uspect unauthorized use of your Account,.we.may suspend your credit privil~ges until we resolve the problem to our satisfaction or issue you a new Card. .If your Card is lost or stolen, you Will promptly destroy aU checks In your possession. To Improve customer service and security, you agree that your calls may be mOnitored or recorded. Merchant Relations. We will not b~ liable if any person or Automated T elier Machine refuses to honor the Card or accept your checks, or fails to return the Card to you. We have no responsibility for goods and services purchased With the Card or checks except as required by law_ (See Special Rule below.) Certain benefits that are available with the Account are provided by third-party vendors. We are not responsible for the quality, availability, or results of any of the seNices 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 seNice 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 disreoard vour oral order jf we do not receive a sianed 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 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 ltem. OUf processing system 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 jf we do not do so. This rule establishes the standard of ordinary care which we In, good faith will exercise in administering your Account. Because of our limited review, and because neither your cancelled checks nor Card transaction slips will be returned to you with the monthly statement, you should be careful to enter all checks in your check register or otherwise keep a record of them. You should also save your credit card cash advance and purchase slips. You aaree to check your monthlY statements aaainst your record and to noliN us immediately of any 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 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 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 stlll be enforceable. At any lime 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 o~ 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 e~ective ~hen deposited in the. mail addressed to you at-the addres.s shown on our records, unless a longer notice period is. specified in this Agre~ment or by law, which period shall start upon maIling. Nobce to us shall be mailed to our address for customer seNlce 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 after we sent you the first bill on which the efforor 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, descnbe the item you are not sure about. 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 letter must reach us three business days before the automatic payment is scheduled to occur Your Rights and Our Responsibilities After We Receive Your Written Notice. We must acknowledge your letter within 30 days, unless we have cor~ected the error by then.. Within 90 days, we must either correct the error or e>,plain why we believe the bill was correct. After we receive your letter, we cannotlry to collect any amount you quesllon. or report you ~s delinquent. W~ can continue to bill you for the amount y~u question, including finance ch~rges, 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 on your bill, you will not have to pay any finance charge related tO,any questioned amount. If we didn't make a mistake, you may h~v~ to pay finance.charges, and you will have to make up the missed payments on the questioned amount. In eith.er case, we wllI.send you a statem~nl of the ~mount 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 thai you stili refuse to pay, we must tell anyone we report you to that you question your bill. And. we must tell you the name of any~me we reported you. to. We.must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules. we can't collect the first $50 of the questioned amount, even If your b!1I was correct. Special Rule for Credit Card Purchases. If you have a prob.!e.m with the quality of the property or ~ervices that you pur~h~se~ with our. cr~dit card and you have tried in good faith to ~rrect the problem with the merchant, you may not have to pay the remaIning amount due on the goods or seNlces. -There are two limitations on thiS fight (a) you must haye. m~de the purchase ~n your home state, or if not within your home state, within 100 miles of your current mailing address; and (b) the purchase price must have been more than $50. These limItations do not apply If we own or-operate the merchant, or if we mailed you the advertisement for the property or seNices. )"'.""",,~) f ~'-~.} '). ,.",,, N ....'''''$gdimlim~iJlilllli,@.!tijj'jti!li~1ii~'ll'fltli!~;u\loS.ili,.;l'il.ck'iil:;~r}-J,''''ii-t;jK1!MR.'fuJM~'-" .> . "~ "",~:..",j; - -~"Ii".~;I< -'Ajt;lliJF.I~o- ..- ,- -~'"~iIllIliil!iI - () C> ~ 0 0 < ....t (0 ~ ~ :p -oir "- ::;j n-JfT"~ c: Z:i~ , ~ .~ p ZC Cf)j> (9 ~:~.:~ C) 0 '1 :<C.. ~ -S v ...0 0 Z:C) :.K ~~(~ ~ I I ~ 5>S? Y? ~ ~ C5fT1 \y U ~ :::> ;....,1 Jo- ~ <=> ::0 F -< ~ '-..(,Cf-. ."C~. '" ~". ., ~ ~,;.- SHERIFF'S RETURN - REGULAR CASE NO: 2000-04872 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS BRENIZER JOHN W ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BRENIZER JOHN W the DEFENDANT , at 0019:45 HOURS, on the 27th day of July , 2000 at 11 CREEKVIEW ROAD NEWVILLE, PA 17241-9443 by handing to JOHN W. BRENIZER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.44 .00 10.00 .00 35.44 So Answers: r~..~t:~~ R. Thomas Kline 07/27/2000 PARK LAW ASSOCIATES Sworn and Subscribed to before BY~W~ Deputy She l f me this /~ day of /1'r~r .:Jvv<) A. D . ~,C. Jnd). -' up[ honotary .I -- ~'~,- SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-04872 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS BRENIZER JOHN W ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT BRENIZER ELIZABETH S but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , BRENIZER ELIZABETH S ELIZABETH S. BRENIZER IS DECEASED, SHE PASSED AWAY ON 8/27/99. Sheriff's Costs: Docketing Not Found Return Affidavit Surcharge 6.00 5.00 .00 10.00 .00 21.00 ;r[6~~ .. Thomas Kl ne Sheriff of Cumberland County PARK LAW ASSOCIATES 07/27/2000 Sworn and subscribed to before me this iff day of 0"1""-' cJo-oV A.D. ~()~/~ Pr Honotary .-, - .'t1'M' i HEREBY CERTIFY THAT 'THE IS AnUE AND CORRECT co'f!~~N RI {.. EO IHAl. ON FILE TTORNEY FOR PLAI TlFF/DEFENDANT 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 TRUE COPY FROM RECORD In TGStimonywhereof,I here unto set my hand arnl, the., of saidCOU~," " at Carlisle. Pa., , ThiA~day.if '" / '. ,~ . ~'-- ~. _~"~ 9 < /7~ , " onotary NO. 00- "-IP7~ <3uiL~ VS. JOHN W BRENIZER ELIZABETH S BRENIZER Defendant 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 Cqmplaint or for other claims or relief requested by the plaintiff: . You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. - ~,., VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4479434002831720 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS JOHN W BRENIZER 11 CREEKVIEW RD NEWVILLE, PA 17241-9443 ELIZABETH S BRENIZER 11 CREEKVIEW RD NEWVILLE, PA 17241-9443 DEFENDANT i NO. CIVIL ACTION 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, JOHN W BRENIZER, is an individual who resides at 11 CREEKVIEW RD, NEWVILLE, PA 17241-9443, and ELIZABETH S BRENIZER, is an individual who resides at 11 CREEKVIEW RD, 1.,;11111'-" "~~-"."",,,j,_ , , NEWVILLE, PA 17241-9443. 3. The Defendants are indebted to Plaintiff on the credit account by virtue of charges or cash advances incurred by the Defendants or authorized by the Defendants on a credit card or line of credit owned by the Plaintiff bearing account number 4479434002831720. 4. The Defendant requested an account, account number 4479434002831720, which is owned by the Plaintiff, and an Account Agreement was sent to the Defendant. A copy of the Agreement is attached hereto as Exhibit "An and made a part hereof. 5. The Defendants have failed to pay the amount owed in accordance with the Account Agreement and have failed to pay the outstanding debt as agreed. 6. The Defendants are indebted to the Plaintiff in the amount of $4,547.35 as of 04/05/2000, plus pre-judgment contractual interest at th~ 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 $909.47. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendants in the amount of $4,547.35, plus pre-judgment interest at th~ contractual rate of 21.90% per annum from 04/05/2000 until the date of the judgment herein, plus reasonable attorney's fees in th~ amount of $909.47, less payments made, plus costs and any other such relief as this Court deems reasonable and just. ro_~, COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendants received a monetary benefit, which was in fact appreciated by the Defendants. 10. The Defendants accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendants knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 12. It would be inequitable for this Court to allow the Defendants to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendants to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendants in the amount of $4,547.35, plus pre-judgment interest at the contractual rate of 21.90% per annum from 04/05/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $909.47, 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. ~ . ~ ~ iHil;l<;i!.__ . ~--.. VERIFICATION I, ,-,. ,"'", ';"-~-'"'!"""l'CJ1F'\ -,-.,1. :}".' !. -' t . l. i ~- ~! l:l';\ , declare that as of June 12, 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 Agent ~~,~-~~-'...._~~- -~~I_........ Providian National Bank VISA@or MasterCarG@ Apnl 6,.2000 II :;; D :I EXHIBIT # r~~PR~IAN ~ Finandul Please review this document and keep it with your other importanlpapers. This Account Agreement contains the terms which govern your Providian Nah t (the "~ccount")., The Account aHows you to make pu.rchases by uS,mg your VISA or MasterCard ~rd (the "Card") wher~:er it is honored and to get cash advances from us or any other participating financIal InstitutIon and from Aotomated Teller .Machlnes. Conv:n1e~c.e ch:~ks m~y als9 b; provided t~ you as ~n additional w.ay to use the Account. In this A~reemenl, "you' and .your" mean each person for whom we have opened a credit card Account. We, our, ours, and. us mean Provldlan NallonalBank 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 commercra! purpose. Any use of thiS Account shall constitute acceptance of the terms of this Agreement. If the Account was opened as a joint account, we may act on the instructions of either jomt accountholder, You and we agree as follows: PaYm~nts. You will receive a monthly statement showing your outstanding balance. Payment on this Account is required in U,S, doilars (checks must be payable at a U.S. offICe of the bank the chel:k IS drawn on) for al least lhe payment due as shown on your statement by the paymentdue date in accordance with payment instructions on your monthly statement. The back of your statements shows the rules we fo:llow when we p?sl payments. Convenien~e checks and other checks we issue 10 you may not be used to make payments on your Account or to make payments on any other ~ccount you have with us or our affillate~. }he payment due will be: 2% of t~e new balance shown on your statemsnt plus the amount of any past due payment, and may include the amOunt by whIch the new balance exceeds your ~edif lme, However, IhepaY'!l~nt due WIJJ not be. less I~n $15 (unless your new balance.is less lhan 515, In which case the payment due will be the amount of the ~ew. balance). If your ~ccoun1ls past due or abov~ th.e credit Ii~e, we may require a higher mlnlmut:n payment, but we Will notify you before dOing so. If your payment is more tnan the payment ~e,_lt Will ~e treat~ as a sl~gle paymen.t and none of II Will be applied to future payments due. We may accept late or partial payments, or payments marked 'paid in full" or marked WIth other restnctlons, without losing our nghl to collect all amounts owing under this Agreement. If you have made special payment arrangements with either First Union or Providian, you need to continue making the agreed upon payments FinOJnce Charges; Excep,t 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 1n one of your daily balances and continue until that ~alance IS reduced by a payment or credit. Your Account has the followln balances: The Purchase Balance which consists of your existing Purchase Balance ao~ new purchases you make WIth your Card and fees for certain opllonal services; one or more usto~ ash ~dvan e Balances which consists of balances that you transfer to your Account uSing balance lr?nsfer checks and balances that we transfer for you; and ~he C~sh .Advance ~alance which consIsts o.f all other cash advances and cash advance transaction feE!s. Any payment amQunt we receive th'!!t exceeds the finance charges and fees th~ due will ordinarily be apph~ firslto the Balance WIth the lo.west Annual Percentage. Rate (AP~), until that Balance is zero, and then to the Balance With the next lowest APR, unhlthat Balance IS Zero, and then to any remaining Balance. We reserve the nghtto 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 Pur<:hase Balance as of the dat~ made. Custom cash advances are included in your Custom Cash Advance Balance as fOIlC?ws: funds electronically transmitted to other lenders to transfer balances, as of the date transmItted; checks to transfer balances, as of !he date presented to us. Other cash advances are Included.ln your Cash Advance Balance as follows: cash advances from other financial institutIons and through Automated Tellers, as of the date made; cash adva,nce.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 other checks, as of the date preSented to us. Other debits are included In your Purchase, Cllstom Cash Advance, or Cash Advance Balance as of the date posted. Finance charges are added to your Purchase, Custom Cash Advance, and Cash Advance Balances each day and are then posted on the last day of the billing cycle. There is no grace period for custom cash advances or other cash advances. To figure the daily finance charge for each type of Balance, we start with your previous day's Balance, add all debits and subtract aU credits for the current day and multiply Ihe net amount by the applicable daily periocfic rale (see fOllowing paragraphs). The finance charge for each Iype 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 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 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 balarn;e for each type of 8ataflce. You can multiply each average daily balance. t.hat is not zero by the rn.tmber of days. in the bffling cycle and the per~c rate to obtain 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 amount IS also a finance charge. The term "Prime Rate" as useq 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 will vary and may be adjusted each billing cycle up to 13.4% above Prime Rate, but will in no event be less than 21.9%. Using this formula, the APR for purchases in the April 2000 billlng cycle is 22.15%, corresponding to a daily periodiC rate of 0.06068%. . The ANNUAL PERCENTAGE RATE for cash advances is 21.9%, corresponding to a daily periodic rate or 0.06000%. If y<mr payment is received late twice in any 12-month period, or if you significantly increase your total unsecured debt (as explained in the CREDIT REVIEW paragraph b~low), the APR .for purchases may increase, but will not exceed 23.3%, corresponding to a daily periodic rate of 0.06384%; and !he APR for cash advances and custom cash advances may Increase, but Will not exceed 23.9%, corresponding to a daily periodic rale of 0.06548%. Your Account may be eligible for lower APRs after you have met the terms of this Agreement for three months. If you contact us, we will review' your Account to determine your eligibility for lower APRs, CREDIT REVIEW: SPECIAL REQUIREMENT. You agree not to significantly increase your total u~secured debt. Your APR...can increase (as explained abov~) bas~ on a significant i~crease in unsecured debt, If your total unsecured debt and your total unsecured debt with other lenders each Increases by more than So,OOO and your annual household Income IS less than four Ilmes your lotal unsecured debt. Gmce Period for Purchase Balance. New purchases posted to your Account in billing cycles with no previous balanc~, or when the previous balance ',Nas fully paid during the cycle, do not begin to if1cur a finance charge until the start of the next billing cycle. You will pay no finance charge on ~uch new. pu~chas~ If you pay the total new balan~e I~ 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 penod In which such purchases may be repaid Without Ineurong a finance charge, FeE!s. We may charge your Account $0 for: each Card you ask us to replace; each returned payment; each ~~eck you w~t~ on your Account that we return unpaid; ~.ch stop ~ent order ~r renewal of such an order; each billing cycle within which your Account is delinquent (late charge); and ea.ch bdblJg_ qcJe w!thm which your balance ex~eeds your credit line (overllmrt fee), even If YOt.lr Account is closed. If you request copies of billing statements that were first sent to you more than three. months earher, we may charge a handlIng fee of ~ for e:ach such copy. If you request that we make a one-time automatic payment from your personal 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 transaction fee of 3% (minimum $5), which is a one-time FINANCE CHARGE, on the amount of each cash advance, including cash fro~ financial institutions, and A TMs, wire transfers, money orders, lottery tickets, casino gaming. chi~, and similar transactions. Default You will be in default: if any information you provided us proves to be- incomplete ~ untrue; if y,ou Co nl?t co':"!pJy wJtry ~y part of this Agreement; upon your death.' ba,nkruptcy, or . inslJlvency: if you do not pay other debts when due; if a bankruptcy petition is iiled by or ag~lnst. y.ou; or If we beheve In good ralth that you m~y not payor perform yoor obligations under thiS Agreement. If you are in default we may, without further demand or notice, cancel your Credit pnvlleg~, declare your Accoun.t b~lanc~ Immediately due and payabj~, and u~e any remedy we ~ay ha\le. In the e\lent of Y9ur default, the outstanding balanca on your Account shall continue to accrue Interest althe APR(s) CISC,OSed In the Finance Charges secbon of thIS Agreement, even If we have filed suit 10 collect the amount you owe. . Crledit Line. Your credit line is specified from time to time in a separate notice. Your monthly stalem~nts show Yl?ur credit line an~ the amount of your availab;le.credit. We may incre~e or decrease your credit line based on information we obtained from you or your credit records. Your available cred!t I~ normally.the differe.nce ?etween your credit line and yo~r Account ba anc~ (including transactions mace or authorized but not yet posted). If you send us a large payment check, we may limit you.r avaIlable credit while 'He confirm that the ch~k Will cl~r. For certain transactions, available credit may be less. You will not use your Account For, and we may refuse to honor, any transactlOO wl'nch would caus~ you 10 exceed yOU! avaJ.labJe credit. . ' . ) II ther pr<:lmise to Pay. You promise to pay us when due all amounts borrowed when you or someone else use your Account (even If the amount charged exc~ds your permls~lon ,a 0 001 transactions and charges to your Account, and collection costs we Incur including, but not lImited to, reasonable attorney's fees and court costs, .(Ifyou Win the SUIt, we Will pay your reason e attorney's fees and court costs.) . Changes. After we prOVide you any notice required by law! we may change any part of this Agreement, an~ add or remove requirements. If a change is made to the Fl!la~~;", 71:~~:SSt~tl~n v~ur 1hi~ Agreement, the new finance charge calculation will apply to your entire Account balance from the effective dale of the change. Changes wdl apply to balances that Inc ~ - Account before the date of the chanae, and will apply whether or not you continue to use Ihe Account. .. ' Foreign Exchange/Currency ConY~rsion. If you use your Card For transactions in a curr~rrcy other than U:S. dollars, the transactions will be conveF!.~ to ~.S. doil~rs, 1:~~~~Ya ~~~:~\~~~ ~/I) government-mandated rate or (ii) wholesale market rate in effect the day before the transac~on IS processed, Increased by thr~ percent (3%). If a crealt IS suostendly 9 agree to accept the will be decreased by the same percentage. The currency conversion rate llSed on the conversIon dale may differ from the rate In effect on the dale you used your ar. au ~ converted amount in U.S. dollars. (Conrmueo on r<Jverse) (5346..IJ698) 4479434002831720 1525 003 Z561 ",.~..LooJ.~ ~ ~._- - - ..- .' -' "'~..JJI!..l~ullM;..~.;"li,J="~_<-; i....""I'<''I;;,j' The Card;.c.ancellation. You may cancel your credit pnvileges at any lime by nohrflng us In writing and destroying the Car9(s; Uoor1j.{he Card eXpiration at the end of the month shown on It, we les~Ne the nght not to renew the Card, We may cancel the Card and your credit privileges at any time after 30 days notice ~o ym.: or WIH'lcut notice If permlll~~i your Card is cancelled or oot renewed,Jinance charges and ?ther fees Will continue to be assessed, payments Will continue 10 be due, and all other a::;phcaole provISions of this Agr~ment will remain In effect. If you terminate your credll 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 rnfo~matio.n; Docum.ents. You ~ill provide lfS alleast 10 days n<?tice if you ~h~nge yo~r'name, home or mad!ng aeeress, telephone n~mbers, employ~ent or income, Upon our request. you WIll provrde us additional financl8llnfo~mallon. ,We r~serve the. right 10 obtain information from others, Including ~redlt reporting agencIes, and to prOVide your address and information about your Accounl to ol.hers. We may also share Infofmallon wIth our affillates_ However vou mav wnte to us at anv lime Ins:ruclina us not to share credit Information with our affiliates. If you do not fulfill your obligatrons under lhls Agreement, a negalive credit report that may reflect on your credit may be submitted to the credit reportl.ng agencies. Custome! Se~ice; Unaut.horized Use, Loss, or Theft of Chec.ks or the Card. Eac~ Card must be signed on receipt. You are responsible for safeguarding the Card, your Personalldentificalion Number ( PIN, which prOVides access to Automaled Teller Machines) and any checks Issued to you from theft, and keeping your PIN separate from your Card. If you discover or suspect that your C~rd, PIN, or ~n~ unused ch~ks .~re lost or.slolen, or that there may be an unauthoriz,ed tra~sac.li::ln on your Account you Will promptly notify us by calling 1-S00-933-7221, So we can Immedlate~ act to limit losses. and liability, you wdl phone us even though you may ,als~ ~olify us In wrlllng. Your irabrllty for unauthOrized us~ occurnng before you notify us is limited to S50_ If you report or we ~uspect unauthOrized use ofy~ur Account,.we,may s~pend your credit pnvrl~es untd we ~esolve the problem to our satisfaction or issue you a new Card, .If your Card IS lost or stolen, you WIU promptly destroy all checks In your possession. To rmprove customer service and security, you agree thaI ycur calls ,may be monitored or recorded. Merchant Relatio~s, We will not b~ liable if any person or Automated Te.ller Machine refuses to honor the Car-d or accep.t your checks, or fails to ret~rn the Card to you. We have no responsibility for goods and servIces purch~sed wIth the Card Or checks except as reqUired by law. (See Specral Rule below.) Certain cenefits 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 seNices you choose to use, Stop Payment Orders. If you wish to st.op payment on ~ check, you may send us a stop payment order by wriling to us at our aedress [or customer seNice listed on your statemen!. _ You can make a stop payment order orally by calhng the number listed on your statement. When you make a slop payment order, you must provIde your Account number and specific informalron about the check: U1e 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 may dlsreaard vour oral order if we do not receive a, sioned wrilten confirmation within t'NO wee.~s after the oral order, _or if we have not received an adequate description of the item so thai payment can be slopped. The order will not be effective jf the check was paid by us before we had a reasonable opportumty to act on lhe order We may, wrthout liability, disregard a wrilten stop payment order six months. after receipt unless it is renewed in wri~ng. 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 nol every check and Card slip will be sent to us, transactions in your Account will be processed mechanically Without our necessarily reviewing every item. Our processing system Will call our attention to certain items which we 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 nol do so. This rule establishes Jhe standard of ordinary cate which we in good faith will exerci~e in administering your Account Because of our limited review, and because neither your cancelled checks nor Card transaction slips will be returned to you with the monthly statement, you should be careful to eflter all checks in your check register or olhel'lNise keep a record of them. You should also save your credit card cash advance and purchase slips. You aaree to check vour man/hili slatemenls saainst vour record and 10 noliN us immediatelv of anv unauthorized transactions or errors. Waiver of Certain Rights. We may delay or waive enforcemenl of any provision of this Agreement without losing our right to enforce it or any other provision later. You waive: the righl to presentment, demand, protest, or notice of dishonor; any applicable statute of limitations; and any right you may have to rec;Ulre us to proceed agaInst anyone before we file suit against you. Applicable law: Severability; Assignment. No mailer where you live, lhis 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 Agreemefll 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 failh lhat any proposed or enacted legislation, regulatory action, or judicial decision has rendered or may render any material previsions of this Agreem.enl invalid or u~enforceable,. or impose any increased lax, 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 Jaw, 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 Agre~ment or by law, which period shall start upon mailing. Notice to us shall be mailed to our address for customer service on your statement (or other addresses we may Specify) and shall be effective when we receive it. YOUR BilliNG RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This notice contains important informalion about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Enors or Questions About Your Bill. If you think your bill is wrong or if you need more information aeou.! any transaclion on your bill, write l!5 on a ~epara!e 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 latet than cO days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will nol 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, descnbe the Item you are not sure about. 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 letter must reach us lhree business days before the automallc payment" is scheduled to occur. Your Rights and Our Responsibilities After We Receive Your Written Notice. We must acknowledge your letter within 30 days, unless we have cor~ected the error by then.. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your le.lter, we canno_! liy to col!ec~_ any amount you question, or report you ~s delinquent.. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your creelt line, You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the p.arts of your bill thai are not in guestion. If we find that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount. If we didn't make a mistake, you may h~v~ to 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 slatem~nt of the ~m?unt you owe .and the dale 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 nol satisfy you and you 'Nrlte to us Within 10 days telling us that you sill! refuse to pay, we must tell anyone we report you 10 that you question your bill. And, we must tell you the name of any?ne we reported you to. We.musl tell anyone we report you 10 that the matter has been seltled between us when it finally is. If we don'l follow these rules, we can't cotlect the first $SO of the questioned amounl, even If your bill 'Nas correct. Special Rule for Credit Card Purchases. If you have a prob.le.m with the quality of the property or ~ervices that you pur~h~se? with our. cr~t ?"rd and you have tried in good faith to c.effect the problem wilh the merc~a~t, you may not have!o pay the ~emalOlng amounl due ~n the goods or servlc~,__rhere_ara~o IImlta,lIons on thiS right. (a) you must ha~e. m~de the purchase ~n yourwn home slate, or if not wlthm your home slate, Within 100 miles of your current maIling address; and (b) the purchase price must nave been more than SSO. These Irmltations do not apply If we 0 or, operate the merchant, or if we mailed you the adoJertisemenl for the property or services, , , ;~1 "I 'r1 'I I '~j ,j 'I n i )j j ~ 'I II ~1 ,~ ;I :-1 :1 ;1 il II !I Ii II Ii Ii ~ !j :1 j ~ !, I /""~{1 ;f .f q .J ":.'~-:I:':-.:,'9 '-':-:.~ ....l; '"n', ~)L"H"" ,_. ">}~I'!!H~~~";:'~1'!l!~~~'iW"ilIiM#ri-d:liA~_0" ,\-Oii'i4,H;,'!i."'~~~~'-"""''''''-~'m;- .~- '_ ~',-__t_ ,~ - ". ~, - ~-'-~"~, ~--'- ~, - W \f\fil '2@ ~ rn~ (...-.- ~-s ~..- " ~ . i....." "':-.-''' '.'1'11 '''--1'' ;-'-- -- - - >-~, . o .>_" '<__"',_,,_~__; .' 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: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 11 CREEKVIEW RD NEWVILLE, PA 17241-9443 4479434002831720 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS JOHN W BRENIZER ELIZABETH S BRENIZER Defendant NO.00-4872 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: $4,547.35 $909.47 $398.35 ($0.00) ($0.00) $5,855.17 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 th~ 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". AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL ~ VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff ~~ ~~ -",., -,-:!< 0''':'-' . -~ " "", -' AND NOW, 9s: rti ":) I , ~^O~ , Judgment is entered in favor of the P aintiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. /MJlit4.J 2 ~ 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. -, _/ V ALERlE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES,P.C. DRIVE 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT TIIE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD PLEASANTON, CA 94588 DEF: 11 CREEKVIEW RD NEWVILLE,PA 17241-9443 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS JOHN W BRENIZER ELIZABETH S BRENIZER Defendant NO. 00-4872 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: JOHN W BRENIZER 11 CREEKVIEW RD NEWVILLE,PA 17241-9443 DATE OF NOTICE: 8/18/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAJLED 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, 4" FLOOR CARLISLE, PA 17013 (717) 240-6200 EXHIBIT PARK LAW ASSOCIATES,P.C. j :l: " -A BY: VALERIE ROSENBLUTH PARK, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. " -,"\'" ,'- - -. - '---, 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 I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 11 CREEKVIEW RD NEWVILLE, PA 17241-9443 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS JOHN W BRENIZER ELIZABETH S BRENIZER Defendant NO. 00-4872 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 JOHN W BRENIZER, Defendant is over 21 years of age; that his/her place of residence/business is located at 11 CREEKVIEW RD NEWVILLE, PA 17241-9443 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 amend s. PARK LA S IATES .C. BY: Valerie Rosenbluth Park Attorney for Plaintiff E10 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 PLAINTIFF: 4460 ROSEWOOD PLEASANTON, CA 94588 DEF: 11 CREEKVIEW RD NEWVILLE, PA 17241-9443 IS: DRIVE 1 ,I I I I 11 I I I I I , I i I ~ i I I , _, _" 0 _,'"_ CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS JOHN W BRENIZER ELIZABETH S BRENIZER Defendant NO. 00-4872 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 Ve~~ict [ ] 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. q/J..I/66 PURSUANT TO THE REQUIRED THAT WE STATE TO COLLECT A DEBT. ANY PURPOSE. P't/"ff:'!J:; ~ j) .~ FA~ DEBT COLLECTION PRAC CES ACT, IT IS THE FOLLOWING TO YOU. THIS IS AN ATTEMPT INFORMATION OBTAINED WILL BE USED FOR THAT ~.- '-~'''_'K' -'-"'-'--'''.a.lli~'...ii.,- ~ ~ ......f."iliiIi~- __ -,<,~, --". OR ~ ,_~~~~.;..l.;,,_ ''V" .,;",,' _C_ ',,,' ",_~,_:__,;", ---'-:,' ___C ' ," ~ t~~ 8 - p <> ~ ~ j r:, ~ iJ J- , "-'\i;".-, o C) c; <::) :so. v.> ""Ot:'J P1 rT1fT; 2' ::0 -0 2, I'J ~,~~ ~~j ~ "7'l... __ t'F:-=('} PC': r:-? ~ :.n - o ~'f.t fJ~ ]] -tJi-'-'q ..'0 {),1.. --;1~ :S:J;1 "'''"C-, 0111 :;' :n -< """"""'''''''1 ~ I ~f ="~- '-""d c VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-52DD ATTORNEY FOR PLAINTIFF PROVIDIAN NATIONAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff VS. JOHN W BRENIZER ELIZABETH S BRENIZER Defendant NO. 00-4872 PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly discontinue against ELIZABETH S BRENIZER ONLY in the above captioned matter without prejudice upon payment of your costs. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF