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HomeMy WebLinkAbout00-04877 ~ ' .~ " ~_. .or ,~ "::4 . , . ", "'j-,,_,+_C,,,,-"__.fi..G .-"-"_0;..-.,,", .0":,:;0,;:; ;<)j;;"'-" ",.,,, '-"'-'-0;; " VALERIE ROSE~JBLUTH 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 VB. LEROY D SMITH Defendant NO. 00- "1'17 G~{'-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. ,~ , ~.. -i,..__.',^'. 1',';.'- ",c" ,,> ,~, -,~'""""" '."" , ~ ~'.c -';;-'. --:~"~t' , 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#:4479450723525375 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS LEROY D SMITH 405 N BALTIMORE AVE # 3 MT HOLLY SPGS, PA 17065-1604 DEFENDANT NO. (M- '1'677 ~ I~ 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, LEROY D SMITH, has a mailing address at 405 N BALTIMORE AVE # 3, MT HOLLY SPGS, PA 17065-1604. 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 1.,-, < "'u. -,,,",-,,,"__""_';'_' k- ,'" ,;..;-, -" _~"O '; '-'~"'_'o"ftO .- ""."'> 1 '"""4;' c ,,- . -' owned by the Plaintiff bearing account number 4479450723525375. 4. The Defendant requested an account, account number 4479450723525375, 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. 5. The Defendant has failed to pay the amount owed in accordance with the Account Agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $1,608.73 as of 04/26/2000, plus pre-judgment contractual interest at the rate of 20.49% 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 $321.75. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $1,608,73, plus pre-judgment interest at the contractual rate of 20.49% per annum from 04/26/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $321.75, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT II 8, Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. " ~ ,-~ ,Co'"' _' ,,~~ ''''''''__,' ,,~. ,;" ,._.,_cLiY: 0 ",--' " ; 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 $1,608.73, plus pre-judgment interest at the contractual rate of 20.49% per annum from 04/26/2000 until the date of.the judgment herein, plus reasonable attorney's fees in the amount of $321.75, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: [~ / VALERIE ROSENELUTH 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, 1it;PROVIDIAN Finw1l'ia[ EXHIBIT ProV\(j!an NatIonal Bank VlSA<iI or MasterCard!l February 7, 2000 Please review this document and keep it with your other important papers. This Account Agreement contains the terms whdl 9 I on an VISA or MasterCard Account (the "Accoun,lj.. The Account allows you to make pu.rchases by uS,lng your VISA t1.f MasterCard card (the .Card") wher~er it is honored and to gel ca!h advances frem us or any olher partiCipating financIal Institubon and from Automated Teller ,M2chlnes. Convenlen.c; ch~s m~y aJ's~ b; provided. ~ you as ~n additional '~ay 10 ~se the Acc.ount. In this Agreement. .you. and "your" me3n each person for whom we ~ave opened a credit ca~d Account. "We, our, ours, and, us mean ProVllj!an Nahonal Bank or lis asSignees, as Itsted on your bl!ling statement The Account may be used only for personal, family, household. and '?1antable purposes, and not for any busmess or commercial purpose, Any use of this Account shall constitute acceptance of the terms of this Agr~ment. If the Account was opened as a jomt account, we may act on the instructions of either joint accountholder, You and we agree as follows: Payments, You wiJl receive a monthly statement shOWIng your outstanding balance. Payment on this Account is required in U S. Collars (checks must be payable at a U.S. office of the bank, the check is drawn on} for at leastlhe payment due as shown on your statement by lhe payment due date in accordance with payment instructions on your monthly statement. The back of your statements shows the rules we follow when we P?st payments. Convenience checks and_other checks we issue to you may not be used to make payments on your AC""...ount or to make payments on any other 8:ccount you have With us or Out affiliates. !he payment due wnt be: 2% of tl"!e n~ 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~t IIne_ However, the payme.nt due will not be. less t~aJ.'l S1~ (~nless your new balance is less than 515, In which case the-payment due will be lhe amount of the .n~ balance). If your ~ccount IS past due or abov~ l~e creditli~e, we may reqUIre a hIgher mlOlmum payment. but we will nohfy you before doing so. If your payment IS more than the payment due" It wdl be lreated as a Single payment and none of It Will be apphed to future payments due. We may accept late or partial payments, or payments marked -paId in fun- or marked with other restriCl1ons, WIthout losing our right to colfect aU amounls 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. Fimmcl! Charges. Excep.t as CesCtlbed .in the Grace Period For Purch~se Balance section of this Agr~ment, finance charges begin to accrue?l' a debit when It is incluCed in one of your daily balances and continue until that palance IS reduced by a payme~t at credil Yo~r Account has the followln balances: The Purchase Balance whIch consists of your existing Purchase Balance and neN purchases you make With your Card and fees forcertam opllonaJ SeM~; onear more m I r.- which consJsts of balances that you transfer to your Account using balance transfer checks and balances that we transfer for you; and the Casn Advance Balance W Ie COnsIsts 0 at other C3sh advances and cash advance transaction fees. Any payment amount we receive that exceeds the finance charges and fees th.en due will Of'dinarily be appli~ first to !he Balance with the I~t Annual Percentage Rate (APR). until that Balance is zero, and !hen to the Balance WIth the nexllowest APR, wnW that Balance IS zero, and then to any remaining Balance. We reseNe the nght to apply payments differently without further notice. The Purchase_. Custom Cash AcNance. and Cash Advance Salances .are redu~ed by payments as of the dale received, and by credits as of the dale posted. Purchases are included in your Purchase Balance as of !he dale made. Custom cash acNances are Included In your Custom Cash Advance Balance as folloW's: funds electronically transmitted to other lenders to transfer balances. as of the date transmItted; checks to transfer balances, as of the date presented to us. Other cash advances are included in your Cash Advance Balance as follows: cash advances from other financial instituUons and through Automated T e/lers, as of the date made; cash advance check! 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 chec~ 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 pested. Finance charges are added 10 your Purchase, Custom Cash AcNance, and Cash Advance Balances each day and are then posted on the last day of the brlling cycle. There is no grace period fer Cl.lStom cash advances or ather cash advances. To ".9ure the ~ily ~nance charge for ea~h type of 8alanc~ we start with your previous day's Balance, ~ all debits and su~tract all ~redits for the CUlTent day and multiply the net amount by the applicable dally penodic rate (see followIng paragraphs}. I ne finance charge for each type of Balance IS then aCCed 10 and Included In that day's Barance. We treat a credit balance for any day as Zero. We de.ten:nine the total finance charges on balances for the blITing 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 calcufation in a prior billing cycle had it been posted in thai cycle, The applicable daily periodic rate for such a transacllon will be the rate in effect for. the current bilfmg, cycle rather than the rate in effect on the date of the transaction. Your statement includes an average daily balance for each type of Balance. You can multiply each average daily balance that is not zero by the number of days in the billing cycle and the perooc rate to obtain subtotals, and then add the subtotals together to determine your total finance charges on balances for the billing cycle. The term -Prim_e Rate" as used in the Agreement means the highest prime rate published in the Wall Street Journal on the first business day of the previous calendar month. Any increase or decrease in the Annual Percentage Rate will take effect on the first day of your billing cycle and may resull in a slight increase or decrease In the amounl of your minimum payment. The ANNUAL PERCENTAGE RATE (APR) for purchases win vary and may be adiusted each billing cycle up to 14.8% above Prime Rate. USing this formula, the APR for purc.iases in the February 2000 billing cyele is 23.3%, corresponding to a daily periodic rale 0(0.063'84%. The ANNUAL PERCENTAGE RATE for cash advances is 21.9%, corresponding to a daily periccic raleofO.Oec00"4. If your payment is received late twice in any 12.month period, or if you significantly increase your tolal unsecured debt (as explained in the CREDIT REVIEW paragrach below), the APR for purchases may increase, but will not exceed 21.9%, corresponding to a daily perle-die rate of O.O€OOO".4; and the APR for cash advances and custom cash advances may increase, but win not excsed 23.9%sorresponding to a daily periodic rate 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 conlacJ us, we will review your Account to determine your eligibility for lower APRs, CREDIT REVIEW: SPEC1AL REQUIREMENT, You agree not to significantly increase your tolal unsecured Cebt. Your APR can increase (as explained above) based on a significant incr~se in unsecured debt, if your total unsecured debt and your total unsecured debt with other lenders each increases by more than 55,000 and your annual househeld income IS less than four times your total unsecured debt. Gr'3ce Period for Purchase Balance. New purcha_ses po$ted to your Account in billing cycles with no previous balance. or when the crevious balance was fully paid during the cycle, do not begin to Incur a finance charge until the start of the next bIlling cycle. You will pay no finance charge on such new purchases If you pwy the total n~ 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 c.~arge. Fe6. We will charge your Account SO for: each Card you ask us to retJlace; each returned payment; each chack you write on your Account that we retum unpaid; each stop payment oreer or renewal of such an order; each billing cyde within which your Account IS delinquent (late charge); and each bIlling cycle withm which your balance exceeds your credit line (overhmit fee), even if your AccounUs dosed. If you request copies of billing statements that were first sent to you more than three months earlier, we may charge a handling fee of$2 for each such copy. A cash advance fee ot3% {minimum S5j, which is a FINANCE CHARGE, may be charged for each cash aOJance transaction made 00 your Account. Default You will be in default: if any information you provided us proves to be incomplete or untrue; iF you do not comply with any part of this Agreement; upon your death, ba.nkruptcy, or insolvency; if you do not pay other debts when due; if a bankruptcy petition is filed by or against you; or jf 'Iffl believe in gocd faith that ~ou may not pay or perfol'lTl your obligations under this Agreement. If you are in default we m~, without further demand or notice, cancel your credit privileges, declare your Account balance- Immediately dlJe and payable, and ~e any remedy we rr:ay have. In the event of your eefauit. the outstanding balance on your Account shail continue to accrue interest at the APR(s) disclosed in the Anilnca Charges section of thIS Agreement, even If we have filed suit to collect the amount you owe. Credit Une. Your credit line is specified from time to time in a separate notiCl!. Your monthly statements show your coot line and the amount of your available crec!il We may increase or. decrease your credit line based on information we.cbtained from you or your crecfrl records, Your available creQt is normally the difference between your credit fine and your Account balan~ 0ncluding transactions made or authortzed but not yet posted). Ityeu send LIS atarge payment check, we may limit your availal::le credit while 'Iffl confirm that the check WIll cI~. For certam transactions. wallable credit may be less. You will not use your Account for, andw! may refuse to honor, any transaction which would cause-you to exceed your available credit. Promise to Pay. You promise to pay US when due all amounts borrowed when you or someone else use your Account (even if the amount charged exO!eds your permission), all olher transactions and charges to your Account, and collection costs we incur indudr1g, but not limited to, reasonable attomey's fees and court costs. Ot you win the slJi~ we '/!iU pay your reasonable altome'l's fees and court costs.} Changes. After we provide you any notice requ!red ~ law, we may ch2!1ge any part of this Agreement and add or remove ~iremenls. If a .change is made to the Fi~ance C?harges section of this Agreement, the new finance c.i~e calculation Will apply to ,our enllre Account balance frOm the effectlV& date of the change. Changes will apply to balances that Include Items oosted !o Y.2!L Account before the dale of the chance and will apply whether or not you C9ntinue to use the Account. Foreign ExchangeJCurrency Conversion. If you use your Card for transactions in a currency other than U.S. dcUars, the transactions will be converted to U.S. dollars, Qenerally using: eit~er ~ (ij government-mandated rate or (ii) wholesale market rate in effect the day before the transaction is precessed, increased by three percent (3%). IF a credit is subsequently gIVen for a transacllon, It will be decreased by the same percentage. The cu~nC'1 conversion rate used on the convernion dale may differ from the rate in effect on the date you used your Card. You agree to accept the converted amount in U.S. dollars. The Card; Cancellation. You may cancel your credit privileges at any time by notir,.ing us in writin9 and destroying the CarC{s). Upon the Card expiralion at the end of the month s~own on it, we reseNe !he ~ht not to renew the Card. We may cancel the Card and your credit privIleges at any lime after 30 days notice to you, or without r.o_tice if permitted by raw, I( your Card IS cancelled or (Continued on ~yer.;8) (~4$'/)698) 5497485!lJ0515117 ,1525 0:1,15 2.Slot -""'.~~. ~~ ~ """'~"~..... 'I"""""'~ "~, ....,.......J ~"'!t!J1il!!l -=~~--"h-'-~1' . , . n~,t r~ne~ed, fiRance charges and other fees will continue to- be assessed, payments. wfli continue to be due, and all other applicable prOVISions of lhls Agreement wiH remam in effect If you term,lnate your credit prlV1ler~<:,~or ,f ~'i~ cancel or do not renew the Card, you may no longer wnte checks on your Account. and you should destroy any unused checks we have issu~ to you, Personallnfo~mation; Docum.ents. You will provide ~s at leas! 10 days n~!lCe If you cli?nge your name, .home or mailing address, lelephOile numbers, employment Or income, V n our request, you Will prOVIde us additional finanCial Information. .We r~eNe lhe. nght to obtain Informatlon fr~m others, Including cre9J1 reporting agencIes, and 10 provide your address a:lnformatlon about your Account t~ others, We m~v also share Informall.on WIth .our affihates_ However vou mav wnt,e ,to us at any Ilme Insltuctmo us no! to share credit Information with our affiliates If you d~ not fulfill your obllgalrons under thIS Agreemenl, a negatlve credit report that may reneet on your credit may be submitted to the credit reporting agencies. Customer Service; Unauthorized Use, loss, or Theft of Checks or the Carel. Each Card must be signed on receipt. You are responsible for safeguarding lhe Card your Persol1alldenlificallon 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 thai your C?rd, PIN, or ~ny unused c~ks .~e Iosl or.stalen, or that there may be an unauthari~ed tra~sacli?n on YQU~ A~~ount, you will promptly nOlify US by calling 1.800.933.7221. So we can Immediately act to hmlt losses. and hablllty, you Will phone us even though you may .als~ ~ollfy us I~ wrltmg. Your liability for unauthorized use occurring before you noblY us is limited to SSO. If you report or we ~uspecl unauthonzed use of yo,ur Account, we.may su~pend your credl! pffllll~es until we ~esolve lhe problem 10 our satisfaction or issue you a new Card. If your Card is rost or stolen, you WIll promptly destroy all checks In your possession. To Improve customer service and secunty, you agree that your calls may be monitored or recorded. Merchant Relatio~s. We will not b~ liable if any person or Automated Te!ler 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 selVlces purchased WIth the Card or checks except as reqU1fed by law. (See SpecIal Rule below.) Certam benefits that are available with the Account are provided by third-party vendors. We are no! responsible for the quality, availability, or results of any of the seNlces you choose to use. Stop Payment Orders. If you wish to s~op payment on ~ 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 'r:1y calling the number listed on your statement.. When you make a stop payment order, you ~uSI 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 wno sIgned It, and the check number. You will be asked to confirm an oral stop payment or~rin writing. We ma dis ar our oral order ifw.e do not rece~e a.si nedwritten con~rmali n within tw weeks after the oral order, or if we have not received an adequate descnptlon of the Item so that payment can be stopped. The order will not be effectIVe If e 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 Accoun~ iov?lves both credit card an~ ch~k transactions ~hich are processed thro~gh s~arate nationa! systems_b~fo~e the transactions are consolidated by us, and because ~ot (!Nary ~~k and C?rd slip ,,!1I1 be s~nt to us, tr:ansactl~ns In your Ac~ount w:dl be processed mechanrcally Without our necessanly reviewing every item. Our processing system will call o~r alte~tlon to certaIn It~ms whIch w~ will ~lI1e. We will exa'!lIne aJltrans,8cllons. when you report ~at your Car~ or ch~ks have .bee~ lost or.sto!en. w.e do ~ot intend ordinarily to examln.e ~lIltem~, and we Will not be ~eghgent If we do not do so. ThIS rule establ1~hes .the s~andard of ordinary car~ which we In good faith Will exercISe In adm,nistenng your Account. Because of our hml~ed review, an~ because neither your cancelled checks nor Card transacti~n slips wdl be returned to you With t~e monthly statement, you should be careful to enter all checks in your G'heck. regls~er or othelWlSe keep a recor~ of them. Y.ou should also save your credit card cash advance and purchase slips. You aoree to check vour monthlv statements aaainst vour record and to "OlIN us Immediatelv of anv unauthonzed 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 matter where you live, this Agreement and your Account are governed by federal law and by New Hampshire law. This Agreement is a final expression of tha agreement between you and us and may not be conlraclcled by eVidence of any aUeged oral agreement If any provision of this Agreement is held to be invalid or unenforceable, you and we will consicler that provision modified to conform to applicable law, and the rest of the provisions in the Agr.eement will still be enforceable, At any time after we determine in good faith !hat any proposed or enact~ legislation, regulatory a~tian, or ju~cial.decision has ren~~red or. may render any matenal provisions of this Agreem.ent invalid or u~enforcea;ble,. or im~se any Increased tax, reporting reqUIrement, or other burden In connection wllh any such provIsion or Its enforcement, we may, after at leasl30 days notice to you, or Without notICe If permItted by law, cancel the Card and your Credit privileges. We may transfer or assign our right to alt 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 SecretaiY of State. Notices. Other notices to you shall be effective when deposited in Ihemail addressed 10 you at the address shown on our records, unless a longer notice period is specified in trus Agreement or by law, which period shall start upon mailing, Notice to us shaH be mailed to our address for customer service on your statement (or other addresses we may speciry-) and shall be effective when We receive )1. YOUR BilliNG RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This nolice contains important information aboul your righ~ and our raspon.ibilities under Ihe Fair Credit Biiling Act Notify Us in Case of Errors or Questions About Your Bill. If you think your bill is wrong or if you need more informatfon about any transaction on your bm, write ':!S on a ~epara1e sheet, at the address listed in the Billing Righls Summary on your bill. Write to us as soon as possible. We must hear from you FlO laler than 60 days after we sent you the firsl bill on whIch the error or problem appeared. You can lelep~one us, but doing so ~ill ~ot preserve your right~. In your I_etter, give us the following inf.ormalio~: - Your. name ~nd Account number. - The dollar amount of the suspected error. _ Descnbe the error and explain, If you can why you beheve there IS an error. If you need more Informallon, descnbe the Item you are not sure about. Your Rights and Our Responsibilities. After We R~eive Yo~r Written Notice. We mus~ acknowledge your letter within 30 days, unless we have con:ected the error by then., Within 90 days, we must either correct the error or explain why we beheve the bill was correct. After we receIVe your letter, we cannot try to collect any amount you questIon, or report you as delinquent. We can continue to bill you for the amount you question, including finance charg~, and we can apply any unpaid am~unt against your credit flne. You do not have to pay any questioned amounl whife we are investigating, but you are still obligated to pay the parts of your bIn that are not in question. lfwe 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~~ to pay finance.charges, and you wiJI have to make up the missed payments ?n the questioned amount. In eith.er case, we wllI.send you a statem~nt of the ~m~unl you owe .and the date that. II \S due. If you, fall to pay the amount we think you owe, we may report you as delinquent. However, if our explanatIon does not satisfy you and you wnte 10 us Within 10 days telling us that you stIll refuse to pay, we must tell anyone we report you to that you question your bill. And, we must tell you the name of anyone we reported you to, We must tell anyone we report you to Ihat the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct, Spec1a1 Rule for Credit Card Purchasa. If you have a prob.~m with the quality of the property or ~ervlces that you pur~h~s~ with our. c~t card and you have tried in good faith to ~orrect the prOblem with the merc~ant, you may not have ~o pay the ~emalnmg amount due .~n the goods or servlces. There are !WO hmltatlons on thiS nght (a) you must haye. m~de the purchase!" your home state or if nol WIthin your home stale, wlthm 100 mJies of your current mailing aclaress; and (b) the purchase pnce must have been more than $50. These limitations do not apply If we own or operate the merchant, or if we mailed you the advertisement for the property or services. " >'" ~O."c-, '-.. ,.,,-, .-,_";'~ [j.".,-. ;'.-"-"'''--.,,---i;j~ .,~,. ~,___ , .,.. . J I , ,....., i, I.: i. I, VERIFICATION SUSAN M, WRIGHT declare that as of March 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. 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"", r VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLE S TOWN , PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 405 N BALTIMORE AVE # 3 MT HOLLY SPGS, PA 17065-1604 4479450723525375 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS LEROY D SMITH Defendant I NO.00-4877 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: TOTAL $1,608.73 $321. 75 $124,63 ($0.00) ($0.00) $2,055.11 PLUS ADDITIONAL COSTS AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS 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 a "correct copy of the notice pursuant to Pennsylvania Rule of 'viI Procedure No. 237.1 is attached hereto and marked Exhi ' VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff " ,e,' ~ -,'~,:i"-';c',. - ,- " -,,-;' ,,". ""_'1,..' _, ,: _ .' '_'", _,' ""' .~ -:.:-: :'_,~ _, '-,. d r , AND NOW, .LJ,.li. J.P ,.;J.t"ri^J , 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. I<I~JK.~ Ip~OTHONO ARY 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. ~"~ ~, " " -iJi '. . , VALERIE ROSENBLUTH PARK ATTORNEY LD, # 72094 PARK LAW ASSOCIATES,P,C, 25 EAST STATE STREET, P,O, BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 405 N BALTIMORE AVE # 3 MTHOLLY SPGS, PA 17065-1604 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIANNATIONAL BANK Plaintiff VS LEROY D SMITH Defendant NO, 00-4877 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: LEROY D SMITH 405 N BALTIMORE A VB # 3 MT HOLLY SPGS, P A 17065-1604 DATE OF NOTICE: 8/4/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASK UNLESS YOU ACT WITIllN TEN (10) DAYS FROM TIIE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIIER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP, COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR CARLISLE, P A 17013 (717) 240-6200 PARK LAW ASSOCIATES,P,C. BY.~ VAL. ROSENBLUTH PARK, ESQ, THIS IS AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, '",_,'. . , ..' ,,' ~-, '. "^ ,'s:...-- ~-,,,-' "-,' " ,-"-"~' ~ ',," "c"~ ,-11;:,,-, "'''"''''-.._',,' '-<',"~ I i [ " VALERIE ROSENBLUTH PARK 'ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 405 N BALTIMORE AVE # 3 MT HOLLY SPGS, PA 17065-1604 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS LEROY D SMITH NO. 00-4877' Defendant VERIFICATION Of NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA; COUNTY OF BUCKS VALERIE ROSENBLUTH PARK, Esquire, being duly sworn according to law, deposes and says that she will make this affidavit on behalf of the within Plaintiff, being authorized to do so, and that she believes and therefore avers, that LEROY D SMITH, Defendant is over 21 years of age; that his/her place of residence/business is located at 405 N BALTIMORE AVE # 3 MT HOLLY SPGS, PA 17065-1604 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 ano Sailors civil Relief Act of Congress of 1940 and its a dments. PARK LAW ASSOCIATES, P.C BY: Valeri Attorney osenbluth Park for Plaintiff E10 =_"w ~" ,; he" ';:,l'-'.'-' 'k'. , "~- - -" ' i..d'-" ~\ -, " ,_ - -i~~"-> - y---,.. -, - -- - -" -, --' -"..,0-'''''-''''''_"","",',""'",0,, ~) 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: 405 N BALTIMORE AVE # 3 MT HOLLY SPGS, PA 17065-1604 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS LEROY D SMITH NO. 00-4877 Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: [X] Judgment by Default [ ] Money Judgment [ ] Judgment in Replevin [ ] Judgment in Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings [ ] Judgment on District Justice Transcripts [ ] Judgment on Judgment Note [ ] Judgment on Writ of Revival [ ] Praecipe to Reassess Damages IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number: (215) 348-5200. PURSUANT TO THE FAIR DEBT COLLECTION PRA CES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATioN OBTAINED WILL BE USED FOR THAT PURPOSE. i ~ . ',I.', ~ _ _._,~ ~ '-~~~~Mm~.ll>W\i:il_.ThI~'~~'-'- ""GI'J ~'-A r ."'~'_~ , ~ "- ~~ - -- ,?-- , Lr ;-- "-' "-.~~ -, !lllIltII.. t~ ~ W r ~ 0 ~ ~~ ~ t ""'- '-.(, ~ ........... ", ""';"'"~""~""""""" ,,,,,,,C,,,",,, 'd r--- b~ j ~- ~% ~ U'~ t- ;S 8 l r "\ ~ Q ~n ~r ~ Oil "".1 ~ ~-~ ~-^- " - - :"'-"-' SHERIFF'S RETURN - REGULAR CASE NO: 2000-04877 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS SMITH LEROY D J. MICHAEL ICKES , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SMITH LEROY D the DEFENDANT , at 0920:00 HOURS, on the 13th day of July , 2000 at 405 N. BALTIMORE AVE. #3 MT HOLLY SPRINGS, PA 17065-1604 by handing to DEBBIE SMITH, WIFE OF DEFT, AND ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Aff idavi t Surcharge 18.00 3,72 .00 10.00 .00 31,72 So Answers: r~~ R. Thomas Kline 07/14/2000 PARK LAW ASSOCIATES me Sworn and Subscribed to before jf) day of 2lX)O By: J~Jlk Deputy heriff A.D. _"..e' 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 PL:I[AS OF CUMBERLAND COUNTY, PENNSYINANIA PROVIDIAN NATIONAL BANK Plaintiff VS. LEROY D SMITH Defendant NO. 00- ,-/P17 G~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 lCNFORMATION 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#:4479450723525375 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS LEROY D SMITH 405 N BALTIMORE AVE # 3 MT HOLLY SPGS, PA 17065-1604 DEFENDANT NO. 1)0, ~f'l71 ~ /~ 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, LEROY D SMITH, has a mailing address at 405 N BALTIMORE AVE # 3. MT HOLLY SPGS, PA 17065-1604. 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 owned by the Plaintiff bearing account number 4479450723525375. 4. The Defendant requested an account, account number 4479450723525375, which is owned by the Plaintiff, and an Account Agreement was sent to the Defendant. A copy of the Agreement is attached hereto as Exhibit "AU and made a part hereof. 5. The Defendant has failed to pay the amount owed in accordance with the Account Agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $l,60B.73 as of 04/26/2000, plus pre-judgment contractual interest at the rate of 20.49% 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 $321.75. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL B.~K, and against the Defendant in the amount of $l,60B.73, plus pre-judgment interest at the contractual rate of 20.49% per annum from 04/26/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $321.75, less payments made,. plus costs and any other such relief as this Court deems reasonable and just. COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. 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 repayin9 the Plaintiff the value of same. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $1,608.73, plus pre-judgment interest at the contractual rate of 20.49% per annum from 04/26/2000 until the date of'the judgment herein, plus reasonable attorney's fees in the amount of $321.75, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. 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. lj~ PROVIDIAN ~ Financial ilHiJ ~ if;' fJ ii} ~ i1J - ~ EXHIBIT Pro\lidlan Natronal Bank VrSA@Of MasterCard&! February 7, 2000 I ~ Please review this document and keep it wIth your other Importantpapers. This Account Agreement contains the terms which 9 . a Icna an VISA or MasterCard Account (Ihe "Account"),_ The Account allows you 10 make purchases by usmg your VISA or MasterCard card (the 'Card") wherevl:f It IS honored and to get cash advances from uS or any other parllcloatlng financial institution and from Automated Teller Machines, Convenience checks may arso ~e proVided to you as an additional way to use the Account. In thiS Agreement "you" and 'your' me'.an each person for whom we have opened a credit card Account. 'We: .our: 'ours,' and'us' mean Prov\dtan NatlOnal8ank or Its asslgr.ees. as listed on your billing statement. The Account may be used only for personal, family, household, and charitable purposes, and not for any buslr.ess or, commercial purpose. Any use of thiS Account shall constilute acceptance of the terms of this Agreement. If the Account was opened as a JOint account, we may act on the Instruchons of ellher joint accot:ntholder 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 US. office of the banK the check IS drawn on) for at least the payment due as shown on your statement by the payment due date In accordance wIth paymenr instructions on your monthly statement. The back of 'JOlJr statements shows tlie rules we follow when we post pa'lments. Coovemence checks and other checks we Issue to you may not te used to make payments on your Account or to make payments on any other accounl you have wlIn us or our affiliate~. The payment due Will be: 2% of tne new balance shown on your statement plus tne amount of any past due payment, and may include tne amount by which the new balance exceeds your ~redit Irne However, the payment due Will not be. less (han $15 (unless your new balance \s less than $15, In whIch case the payment due will be Ihe amount of lhe new balance). If your Account IS past due or above the credit line, we may require a higher minimum payment, but we will notify you before dOing so. If your payment is more than the payment due" it will be treated as a single payment and none of It ~III be applied to future payments due. We may accept late or partial payments, or payments marked 'pald In full" or marked witn olner restnctlons, wilnoullosmg our ngnt to collect all amounts OWIng under thIS Agreement. If you have made special payment arrangements witn either First Union or Providian, you need to continue making the agreed upon payments. Finance Charges. Except as described. in the Grace Period for Purchase Balance section of this Agreement, finance charges begin to accrue on a debil when it is included in one of your daily balances and continue until that balance is reduced by a payment or credit. Your Account has the following balances: The Purchase 8.alance, which consists of your eXisting Purchase Balance and new purchases you make with your Card and fees for certain optional services; one or more Custom Cash Advance Balances., whICh CQliS\sts of balances thaI you transfer to your Accounl uSing balance transfer checks and balances Ihat we transfer for you; and the Casn ,Advance Balance wnrch consists of all other casn advances and cash advance trans,aellon fees. Any payment amount we receive that exceeds the finance char~es and fees then due will ordinanly be applied first to the Balance with the lowest Annual Percentage Rate (APR), until that Balance IS zero, and then to the Balance witn tne next lowest APR, until that Balance ($ zero, and then to any remaining Balance. We reserve lne nght 10 apply paymenls differently WIthout further nolice. The Purchase, Custom Casn Advance, and Cash Advance Balances are reduced by payments as of the date received, and by credits as of tne date pos~ed. . Purchases are included in your Purchase Balance as of the date made. Custom casn advances are included In your Custom Cash Advance Balance as ~)ll~ws: funds electromcally transrnll'led to ether lenders tQ transfer balances, as of the date transmitted; checks to transfer balances, as of the date presented to us. Other cash advances are included in your Cash Advance Balance as follows: cash adJances from other financial institutions and through Automated Tellers, as of Ine date made; cash advance cnecks made payable:o you that are identified as cashier's cnecks and mailed to you at your request, as of seve(1 days after tl'le date w~ print on the cheek; all other checks, as of t\'1e dale presented to us. Other debits are Included in your Purchase, Custom Cash Advance, or Casn Advatlce Balance as of the date posted, Finance cnarges are added to your Purchase, Custom Casn Advance, and Cash Advance Balances each day and are then posted on the last day of the biUing cycle. There is no grace period for custom cash advances or other cash advances. To figure the daily finance cnalge for each type of Balance, we start with your previous day's Balance, add all debits and subtract all credits for the current day and multiply the net amount by the applicable daily periodic rate (see following paragraphs). Tne finance charge for each type of Balance is lnen added to ancllncluded In that day's Balance. We treat a credt balance for any day as zero. We determIne the total finance charges on balances for the billing cyde by adding together the finance charges for eacn type of Balance for eacn day w!thln the brlling cycle. In calculating finance charges, an adjustment will be made for any transaction orpayment tnat would nave affected the finance charge C:llculalion in a prior billing cycle had it been posted in Ihat cycle. The applicable dally periodlc rate for such a transaction WIll be the rate In effect for the current billing cycle rather than the rate lI'\ effect Ol\ the date of the lransactlOn. Your statement includes an average daily balance fO( each type of Balance. You can multiply each average daily balance lhat is nOl zero by tne number of days in the billing cycle and tf1e periodic rate to obtain subtotals, and then add Ine subtotals togelner to determIne your total finance charges on balances for tne billing cycle. The term "Prime Rate" as used in the Agreement means the nighest prime rate publisned In the Wall Street Journal on the first business day of the previous calendar month. Any increase or decrease in tne Annual Percefltage Rate Will take effect on the first day of your billing cycle and may result in a slignt Incre~lse or decrease In tne amount of your minimum payment. The ANNUAL PERCENTAGE RATE (APR) for purchases will vary and may be adjusted each billing cycle up to 148% above Prime Rate. Using this formula, theAPR for purchases in the February 2000 billing cycle is 23.3%, corresponding to a daily periodic rate of 0.06384%. The ANNUAL PERCENTAGE RATE for cash advances is 21.9%, corresponding to a dally periodiC rale of 0.06000% If your payment is received late. twice in any 12.monln period, or if you significantly increase your lotal unsecured debt (as E!xpJained in the CREDIT REVIEW paragrapn below), the APR. for purchases may increase. but WIll not exceed 21.9%, corresponding to a daily penodic rate ofO.0600Qll1o; and the APR for cash advances and custom casn advances may Increase, but will nol 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 Agr~me(lt for three months. If you conlcic\ us, we will review your Account to determine your eligibililY for lower APR,. CREDIT REVIEW: SPECIAL REQUIREMENT. You agree not to sigr1ificantly 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 wltn other lenders each increases by more Ihan55,000 and your annual household income is less than four times your total unsecured debt. Grace Period for Purchase. Balance. New purcnases posted to your Account in billing cycles with no previous balance, or when the previous balance was fully pard during tne cycle, do not begin to Incur a finance cnarge until the start of tne next billing cyde. You will pay no finance charge on sucn new purchases If you pay ltle total new balance In full by the payment due date snown on your statement. New purchases posted in any olher billing cycle incur a finance cl'targe, and there IS no period In whICh sue,} purchases miI'f be repaid without Incurring a finance charge. Fees. We will charge.your Account $0 for: eacn Card you ask us to replace; each returned payment; each check YOll write ()n your Account thai we retum unpaid; each stop payment order or renewal of sucn an order; each bming cycle wltllin wnich your Account is delinquent (late charge); and each billing cycle wlttun whlCh your balance exceeds your credit line {O\Iertimit fee), even if your Account is dosed. , If you request copies of bimng statements that were first sent to you more than ti1ree months earlier, we may cnarge a handfing fee of $2 for eacn such copy. A casn advance fee of 3% (minImum $5), wnich is a FINANCE CHARGE, may be charged for each cash advance transaction made! OC! your Account. ~bult 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 Inis Agreement; upon your death! bankruplcy, or insolvency; if you do not pay other debts w~en due; if a bankruptcy pea.llon is filed by or i39a.inst, Y,ou; or if we believe In good faith Inat you m~y nol p'i1f or perform your obligatIons under tf1is Agreement. If you are in default we may, WIthout further demand or notice, cancel your credit prIVIleges, declare your Account balance Immedtately due and payable, and use any remedy we may have. In the event of your default, ltle outstanding balance on your Account shall continue 10 accrue interest at the APR(s) c:isclcsed in the Finance Cnarges section of thIS Agreement. even if we have tiled suit to collectltle amount you owe. Credit Une. Your credit line is specified from time to time in a separate notice. Your monthly statements snow your creditlil1e and the amount of your available credit We may increase or decrease your credilline based on infonnation we.obtained from you or your credit records. Your available credil is normally .1M difference between your credit line and your Account balance (including transactions made or authorized but not yet posted}. If you send us a large payment check., we may limit your avaIlable credit whIle we confirm ltlat the check 'NtU clear. For certain transactIOns, available credit may be Jess. You well not use your Account for, and wt may refuse to honor, any transactIon whlcn would cause you to exceed your avarlable credit. Promise to Pay, You promise to pay us wnen due all amounts bolTO'Ned wnen you or someone else use your Account (even if the amount clIarged exceeds your permission), alloiner transactIOns and charges to your Account, and collection costs we Incur including, but nollimited to, reasonable attomey's feas and court costs. (If you win the suit, we '~ilI pay your reasonable attorney's fees and court costs.) Changes. After we pr~ide you any notice requ!red by law, we may change any part of this Agreement and add or remove m~t.iirements. If a cnange is made to the Finance ~harges section of thiS Agreement, lne new finance charge calculatIOn Will apply to your entire Account balance from the effecltve dale of the ch,!t':ge. Changes Will apply to balances that Inctude Items oosled to ~ Account before the eate of tne cnance, and wrJl apply whether or not you continue to Use the Account. Foreign Exchange/Currency Conversion. If you use your Card for transactions in a currency other than U.S. dollars, the transactions will be converted to U.S. dollars, generaUy using either a (i) government.mandated rate or (ii) wholesale market rate in effect the day before the transaction is processed, increased by tn:ee percent (3%). If a credt is sub'Sequently gNen for a transaclion, it will be decreased by lne same percentage. Tne currency conversion rate used on the conversion date may differ from the ral:e in effect on tne date you used your Card. You agree to accept the converted amount in U.S. dollars. The Card; Cam::ellation. You mCJoj cancel your credit privileges at arry lime by notifying us in writins and destroying the Cardfs). Upon lf1e Card expiration 211 the end of the month shown on it, we reserve lne rignt not to renew the Card. We may cancel tne 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 (Continued en r~ver$e) (5J48..fJ698) 5497485500616117 1525 015 Z56] not renewed, fiF'iance charges and olher fees will continue 10 be assessed, payments Wlh continue to be due, and all other acolicable provIsions of this Agreement will remain in effect. If you terminate your credit Pr1Vllef~":,.or;f ;'i' cancel or do not renew the Card, you may no longer write checks on your Account and you should cestroy any unused checks we have ISSUed to yOIJ Personal Information; Documents. You will provide us at leas! 10 days notice If you change your name, ,home or mailing address. telephone numbers, employment or Income Upon our request, you wIll provide uS additional financlallnformallon. We reserve the. nghl to obtain Information from others, Including cr~l reporting agencIes, and to provide your address and Information about your Account to others, We mav also share information wIth our affiliates However VOu mav wnte to us at anv time Instructlno us not to share credit lnformabon with our affiliates if you do not fulfill your obligations under this Agreement, a negatIVe credit report that may refiecl on your credll may be submitted to the credit reporting agencies. Customer Service_; Unauthorized Use. Loss. or Theft of Chec~s 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 Card, PIN, or ~ny unused cher:ks _~re lost orstolen, Or that there may be an unauthonz,ed transacll~n on your AC~OUrll. you Will promptly notify us by calling 1.800.933.7221,. So we can Immediately actIo limit losses, and habllity, you wIn phone us even though you may also notify us In writing. Your hablhty for unautMonzed use occurring before you notify us is limited to SSO. If you report or we suspect unauthonzed use of your Account, we may suspend your credit pnvlleges until we resolve the problem to our sahsfacllon or I,ssue you a new Card. If your Card IS iost or stolen, you will promptly destroy all checks in your possession. To improve customer sel\llce and secunty, you agree that your calls may be monitored or recorded. Merchant Relations. We will not b~ liable If any person or Automated TeUer MaGl'lIne refuses to ,honor the Card or accept your checks, or falls to return the Card to you, We have no responsibility for goods and Sel\llCeS purchased With the Card or c~eck.s 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 resulls of any of the sel\llces you choose to use Stop Payment Orders. If you wish to stoop payment on a check, you may send us a stop payment order by writing to us ,at our address for customer selVice listed on your statement. You can make a slop paymenl order orally by calling the number listed on your statement When you make a Slop payment order, you must proVide your Account number and specific informabon about the check: the exacl amount" lhe date on the check, lhe name of the party to whom It was payable, the name of the person who signed It, and the check numb,er. You will be asked to confirm an oral slop payment order In wntmg. We mav disreoard vour oral order if we do not receive a sloned wnlten confirmation Within Iwo weeks after the oral order, or If we have not receIVed an adequate descnptlon of the Item _so that payment can be stopped. The order Will not be e~ecuve If the ~hec_k. was paid by us before we had a reasonable opportunity to act on the order. We may, wllhout liability, disregard a written stop payment order SIX months after receIpt unless It IS renewed In wntlng. Standard of Care, Because this Accoun! inv~lves both credit card an~ ch~k lransactions w:hich are processed thro~gh separate national systems b~fore lhe lransactions are consolidated by us! and because not ((!Very check and Card slip Will be sent 10 us, transactIons In your Account Will be processed mechamcally Without our necessanly revIewing every item. Our processing system WIll call our attention 10 certain items whIch we will examine. We will examine all transactions when you report that your Card or checks have been lost orstolen. We do nollntend ordinanly to examine all items, and we win nol be ~egligent if we do not do so, This rule establi~hes .the standard of ordmary car~ which we in good faith will exercIse in admlnislenng your Account. Because of our limited review, and because neither your cancelled checks nor Card transactIon slips Will be returned 10 you WIth thE! monthly statement, you should be careful to enter all checks in your check register or otherwise keep a record of them. You should also save your credit card cash advance and purchase slips_ You acree 10 check vour monthlv statements aaainst vour record and to notify us immediate!v of anv unauthorized transactIons or errors Waiver of Certain Rights. We may .delay o~ waIVe enforcem~nt of any provisi.on. of this Agreement without losing our right t~ 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 nght you may have to r'!qlJJre us to proceed against anyone before we file SUit against you. Applicable Law; Severability, Assignment. No matter where you live, this Agreement and your Account are governed ~'Y 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 aU~ed oral agreement. If any proviSion of lhis Agreement IS held to be invalid or unenforceable, you and we will consider that provis~ modified to conform to .appl!cable !~, and the rest of the provisions in the Agr,eeml:!n~ ~III still be enforceable. At any time after we delermine in good faith lhat any proposed or enacted leglslahon, regulatory acllon, or JudiCIal decISion has rendered or may render any material prOVISions of thiS Agreement Invalid or unenforceable, or impose any increased lax, reportIng requir~e~t! or other burden in connection.with any such provision or Its enforcement, we may, al~er at I~ast 30 days notice to you, or Without nollce jf permitted by law, cancel the Card and your Credit pllVlleges. We may transfer or assign our nght 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 lhe address shown on our records, unless a longer notice period is, specified in this Agreement or by law, whIch period shall start upon mailing. Nollce to us shall be mailed to our address for customer service on your statement (or other addresses we may Specify) and shall be effeclive when we receive it. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FllTURE USE. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Cas~ of Errors or Questions About Your Bill. If you think your bill is wrong or it you need more informaticln about any transaction on your bill, write us on a separate sheet, at the address listed in lhe Billing Rights SummaI)' on your bdl. Write to us as soon as pOSSible, We must hear from you 1'10 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 I,etter, give us the followmg information: - Your.name and Account number. - The dollar amount of the suspected error. - Oescnbe 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. Your Rights and Our Responsibilities. After We R~eive Your Written Notice. We must acknowledge your letter within 30 days, unless we have corrected the error by then._ Within 90 days, we must eIther correct the error or explain why we believe the bill was correct. After we receIVe your leiter, we cannot try to collectany amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and 'He,can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigallng, but you are still obligated to pay the parts ot your bill that are not lr1 quesiton. . 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 have 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 statement of the amount you owe and the date that It IS due. If you fall to pay the amount we thmk you CJWe, we may report you as delinquent. However, if our explanation does not satisfy you and you wflte to us wilhin 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you questton your bIll. And, we must tell you the name of anyone we reported you to, We must tell anyone we report you to thai the mailer has been settled between us when it finally is, If we don't foUow these rules, we can't collect the first $SO of the queslloned amount, even if your bill 'Nas correct, Special Ru/~ for Credit Card Purchases. If you have a prob.lem with the quality of the property or services that you purchased with our credit card and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due ,on the goods or serviCes, There are two limitations on thIS right: (a) you must have mace the purchase in your home state, or If not within your home state, WIthin lee. 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 adoJertlsement for the property or servICes. I, VERIFICATION SUSAN M. WRIGHT , declare that as of March 14, 2000: I am a designated agent of PROVIDIAN NATIONAL BANK, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and. as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in the State of California. ~!k.j(t~ I /I Designated Agent -,:)Q ji::. T"~ ...o....J ~ ~ ~~ "60, J: r ~ ~ ~ dC~ cCY I () C) (''; ~; 0 '1) v(.c~ t"!.;.' 7" .c. C' ~~ ' ~~;. :2 ?: -.>j ("o --<. ~,:) ~, ~~ 1 c::.> 8 ;-,'j ;'" VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 405 N BALTIMORE AVE # 3 MT HOLLY SPGS, PA 17065-1604 4479450723525375 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS LEROY D SMITH Defendant I NO. 00-4877 PRAECIPE FOR JUDGMEN~ TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: $1,608.73 $321. 75 $124.63 ($0.00) ($0.00) $2,055.11 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 an~ correct copy of the notice pursuant to Pennsylvania Rule of ~il Procedure No. 237.1 is attached hereto and marked Exhiptt "An. ~ VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL ". . AND NOW, .fJ,.I~ -:lP ,.J.1'YY'l . in favor of the p]aintiff and against the for want of an Answer and damages assessed in the above certification. , Judgment is entered Defendant by Default in the sum set forth lS/(k-k;) k. Ip~o HONO ARY 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. . ~ VALERIE ROSENBLUTH PARK ATTORNEY LD. # 72094 PARK LAW ASSOCIATES,P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, P A 1890 I (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 405 N BALTIMORE AVE # 3 MTHOLLYSPGS,PA 17065-1604 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS LEROY D SMITH Defendant NO. 00-4877 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: LEROY D SMITH 405 N BALTIMORE AVE # 3 MT HOLLY SPGS, P A 17065-1604 DATE OF NOTICE: 8/4/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4" FLOOR CARLISLE, P A 17013 (717) 240-6200 PARK LAW ASSOCIATES, P.C. BY; VAL~~EN~'ESQ. 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 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: 405 N BALTIMORE AVE # 3 MT HOLLY SPGS, PA 17065-1604 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff Defendant I NO. 00-4"'. 0; NON-MILITARY. SERVICE VS LEROY D SMITH VERIFICATION 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 LEROY D SMITH, Defendant is over 21 years of age; that his/her place of residence/business is located at 405 N B,ALTIMORE AVE II 3 MT HOLLY SPGS. PA 17065-1604 and that he/she is employed and that he/she is not in the Military or Naval Service of the United States or its Al1ies or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its a ments. PARK LAW ASSOCIATES, P. BY:valeri~~luth Park Attorney for Pl.aintiff 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 IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 405 N BALTIMORE AVE # 3 MT HOLIN SPGS, PA 17065-1604 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS LEROY D SMITH NO. 00-4877 Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: [Xl Judgment by Default [ ] Money Judgment [ 1 Judgment in Replevin [ 1 Judgment in Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ 1 Judgment on Court Findings [ 1 Judgment on District Justice Transcripts [ ] Judgment on Judgment Note [ 1 Judgment on Writ of Revival [ 1 Praecipe to Reassess Damages IF YOU HAVE ANY QUESTIONS CONCEJ~ING 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. PRO[1~Y: K ~ H; J, ) '6- I { FAIR DEBT COLLECTION PRA CES ACT, IT IS THE FOLLOWING TO YOU. THIS IS AN ATTEMPT INFORMATION OBTAINED WILL BE USED FOR THAT <:J t't-\t~ ~~ c;~ ~~ ~ ~ f" f .--.. ::;;- b~ J f: !Uf ~% t ,1 ~ ~ r-f) ~r ~ - SHERIFF'S RETURN - REGULAR CASE NO: 2000-04877 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS SMITH LEROY D J. MICHAEL ICKES , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SMITH LEROY D the DEFENDANT , at 0920:00 HOURS, on the 13th day of July , 2000 at 405 N. BALTIMORE AVE. #3 MT HOLLY SPRINGS, PA 17065-1604 by handing to DEBBIE SMITH, WIFE OF DEFT. AND ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: r~~ 18.00 3.72 .00 10.00 .00 31.72 R. Thomas Kline 07/14/2000 PARK LAW ASSOCIATES me Sworn and Subscribed to before J.{) day of 2tXJO By: ~ flll~~~~ ~ Deputy heriff A.D. ry