HomeMy WebLinkAbout00-05303
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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.
MICHAEL S BRETZ
Defendant
NO. OC> - S~Q3
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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.
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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#:4428232058231452
CUMBERLAND COUNTY COURT OF COMMON PLEAS
PROVIDIAN NATIONAL BANK
295 MAIN STREET
TILTON, NH 03276
PLAINTIFF
VS
MICHAEL S BRETZ
740 S WEST ST
CARLISLE, PA 17013-4116
DEFENDANT
NO. ffO. 5303 ~ I~
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, MICHAEL S BRETZ, has a mailing address at 740 S
WEST ST, CARLISLE, PA 17013-4116.
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
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owned by the Plaintiff bearing account number 4428232058231452.
4. The Defendant requested an account, account number
4428232058231452, 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 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
$4,605.62 as of 03/16/2000, plus pre-judgment contractual interest
at the rate of 15.90% 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 $921.12.
WHEREFORE, Plaintiff demands that judgment be rendered in
favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the
Defendant in the amount of $4,605.62, plus pre-judgment interest
at the contractual rate of 15.90% per annum from 03/16/2000 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $921.12, 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.
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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 $4,605.62, plus pre-judgment interest
at the contractual rate of 15.90% per annum from 03/16/2000 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $921.12, less payments made, plus costs and any
other such relief as this Court deems reasonable and just.
PARK LAW ASSOCIATES, P.C.
~
BY:
VALE
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.
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VERIFICATION
I,
HEATHER KOOREMAN
, declare that as of
April 17, 2000: I am a designated agent of PROVIDIAN NATIONAL
BANK, the Plaintiff in this action, and I am duly authorized to
make this verification on its behalf. I have read the foregoing
complaint and know the contents thereof; that the same is true
of my own knowledge, except as to those matters stated on
information and belief and, as to those matters, I believe them
to be true. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
I declare under penalty of perjury that the foregoing are
true and correct.
Executed at Alameda County, in
Designated Agent
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~PROVIDIAN
Financial
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Providian National Bank VISA@or MasterCard@
Account Agreement for Michael S Bretz
March 20, 2000
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Please review this document and keep it with your other important papers. This Account Agreement contains the terms which govern your Providian National Bank VisA or Mas ar unt
(the '~cc.oun.t").. The Account allows you to make pu.rchases by uS.lng your VISA or MasterCard c~rd (the- "Card') whe~~er it is honored and to get cash advances from us or any other participating
finanCial Institution and from Automated Teller .Machines. Conv~me~c: ch~~ks m~y als~ b; provided t~you as ~n additional w.ay to ~se the Acc.ount. In this Agreement, "you' and 'your" mean
each person for whom we ~ave opened a credit car.d Account. We, our, ours, and us mean Provldlan National Bank or Its assignees, as hsted on your billing statement. The Account may be
used only for personal, family, household, and charrtable purposes, and not for any business or commercial purpose. Any use of this Account shall constitute acceptance of the terms of this
Agreement. You and we agree as follows:
Paym~nts. You will receive a monthly statement showing your outstanding balance. Payment on this Account is required in U.s. dollars (checks must be payable at a U.S. office of the bank the
check IS drawn on) for at least the payment due as shown on your statement by the payment due date in accordance with payment instructions on your monthly statement. The back of your
statements shows the rules we f~lIow when we ~st payments. Convenien~e checks and other checks we issue to you may not be used to make payments on your Account or to make payments
on any other a.ccount you have With us or our affibate~. !he payment due Will be: 2% of t~e new balance shown on your statement plus the amount of any past due payment, and may include the
amount by which the new balance exceeds your credit hne. However, the payment due WIll not be less than $15 (unless your new balance is Jess than $15, in which case the payment due will be
the amount of the .n~ balance). If your ~ccount is past due or abov~ t~e credit li~e, we may require a higher minimum payment, but we will notify you before doing so. If your payment is more than
th.e payment d~e,.lt will ~e treate~ as a sl~gle payment and none of tl ~!II be apphed to future payments due. We may accept late or partial payments, or payments marked "paid in full" or marked
With other restnclJons, Without lOSing our nghl to collect all amounts oWing under this Agreement.
Finance Charges. Except as described in the Grace Period for Purchase Balance section of this Agreement, finance charges begin to accrue on a debit when it is included in one of your daily
balances and continue untillhat balance is reduced by a payment or cre'dit. Your Account has the following balances: The Purchase Balance, which consIsts of your eXlsllng Purchase Balance
an~ new purchases you make with your Card and fees for certain optional seNices; one or more Custom Cash Advance Balances, which consists of balances that you transfer to your Account
uSing balance transfer checks and balances that we transfer for you; and the Cash Advance Balance which consists of all other cash advances and cash advance,transaction fees. Any payment
amount we receive th~t exceeds the finance charges and fees then due will ordinarily be applied first to the Balance with the lowest Annual Percentage Rate (APR}, until that Balance is zero, and
then to the Balance With the next lowest APR, until that Balance. is zero, and then to any remaining Balance.. We reserve, the right to apply payments differently without further notice.
The Purchase, Custom Cash Advance, and Cash Advance Balances are reduced by payments as of the date received, and by credits as of the date posted. Purchases are included In your
Purchase Balance as of the date made. Custom cash advances are included in your Custom Cash Advance Balance as follows: funds electronicaJly 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 institutions and through Automated Tellers, as of the date made; cash advance checks made payable to you that are identified as cashier's checks and mailed to you at your.
request, as of seven days after the date we print on the check; all 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 posted. Finance charges are added 10 you~ 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 the net amount by the
applicable daily periodic rate (see following paragraphs). The finance charge for each type of Balance is then added to and included in that day's Balance. We treat a credit balance for any day as
zero. We determine the total finance charges on balances for the billing cycle by adding together the finance charges for each type of Balance for each day within the billing cycle. In calculating
finance charges, an adjustment will be made for any transaction 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 balance for each type of Balance. You can multiply each average daily balance that is not zero by the number of days in the billing cycle and the periodic.
rate to obtain subtotals, and then add the subtotals together to determine your total fin~nce 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 used in the Agreement means the highest prime rate publiShed in the Wall Street Journal on the first business day of the previous calendar month. Any increase or
decrease in the Annual Percentage Rate will take effect on the first day of your billing cycle and may result in a slight increase or decrease in the amount of your minimum payment.
You can arrange to have a variable rate (not below 5.9%) for purchases which is lower than the lowest non-introductory ANNUAL PERCENTAGE RATE (APR) you are paying on any of your other
credit card or retail accounts. This APR is available only if you provide proof, in the forril of a copy of your most recent billing statement, showing your other non.introductory APR. Your new APR
will take effect in the billing cycle following our review of your proof, but not earlier than the end of your courtesy period. Until your new APR takes effect, or if we do not receive proof of your lower
APR. your APR for purchases will be as follows: The ANNUAL PERCENTAGE RATE (APR) for purchases will vary and may ba adjusted each billing cycle up to 7.4% above Prime Rate. but will
in no event be less than 15.9%. Using this formula, the APR for purchases in the March 2000 billing cycle is 15.9%, corresponding to a daily periodic rate of 0.04356%. .
You can arrange to have a variable APR (not below 12.9%1 for custom cash advances that is lower than the weighted average of the non.introductory APR you have been paying on the total
balances you have transferred from ,other credit card, retai , and installment accounts provided your other accounts were open in March 2000. In calculating this APR we will take into account t~e
APRs on the credit account balances you have transferred from other lenders. This APR is available only if you provide proof, in the form of copIes of your most recent billing statements, shOWing
your other non-introductory APRs. Your new APR will be variable, based on Prime Rate arid will take effect in the billing cycle following our review of your proof, but not e~rtier than the end of ~our
courtesy penod. If we do not receive such proof your APR for custom cash advances will be as follows: The ANNUAL PERCENTAGE RATE for custom cash advances IS 21.9%, corresponding
to a daily periodic rate of 0.06000%.
The ANNUAL PERCENTAGE RATE for cash advances is 21.9%, corresponding to a daily periooc rata of 0.06000%.
If your payment is received lale twice in any 12-month period, or if you significantly increase your total unsecured debt (as explained in the CREDIT REVIEW paragraph ~Iow), the APR .for
purchases may increase, but will not exceed 18.9%, corresponding to a daily periodic rate of 0.05178%; and the APR for cash advances and custom cash advances may Increase, but Will not
exceed 23.9%, corresponding to a daily periodic rate of 0.06548%. Your Account may be eligible for lower APRs after you have met the tenns 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 increasa your total unsacured debt. Your APR can increase (as axplained 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 $5,000 and your annual household Income IS less than four times your
total unsecured debt.
Grace Period for Purchase Balance. New purchases posted to your Account in billing cycles with no previous balance, or when the previous qalance ~as fully paid during fhe cycle, do not begin
to incur a finance charge until the start of the next billing cycle. You wili pay no finance -charge on such new purchases if you pay the total new balan~e I~ full by the payment due date shown on
your statement. New purchases posted in any olher billing cycle incur a finance charge, and there is no period in which such purchases may be repaid wtthout Incumng a finance charge.
Fees. We will charge your Account $0 for: each Card you ask us to replace; each returned payment; each check you write on your Account that we return unpaid; ~c~ stop parm.ent order or .
renewal of such an order; each billing cycle within which your Account is delinquent (late charge); and each billing cycle w!thin which your balance ex~eeds your credit line (overlimlt fee), even If
your Account is closed. If you request copies of billing statements that were first sent to you more than three mont~s earlier, we may charge a handling fee of $2 for each such copy. A cash
advance fee of 3% (minimum $5), which is a FINANCE CHARGE, may be charged for each cash advance transaction made on your Account.
Default. You will be in default: if any information you provided us prov~ to.be incomplete o~ untrue; ify.ou do nl?t col!lPly with ~ny 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 aga.lnst.y~u; or If we beheve In good faIth that you mC!)' not payor perform your obligatiOns under thiS
Agreement. If you are in default we may, without further demand or notice, cancel you~ credit prrvdeg~, declare your Accoun.t balanc~ Imm~ately due and payabl~, and u~e any remedy we l1!ay
have. In the event of your default, the outstanding balance on your Account shall continue to accrue Interest at the APR(s) disclosed In the FlDance Charges section of thiS Agreement, even If we
have filed suit to collect the amount you owe. .
Credit Line. Your credit line is specified from time to time in a separate notice. '(our monthly statem~ts show y~ur credit line an9 the amount of your availa~le.credit. We may increase or
decrease your credit line based on information we obtained from you or your CredIt records. Your available c~ ~ normally .the differe.nce ~etween your Credit hne and yo~r Account balanc~
(including transactions made or authorized but not yet posted). If you send us a large payment check, we may limit you.r avall~ble credit while we confirm that the ch~k Will c1~r. For certain
transactions, available credit may be less. You will not use your Account for, and we may refuse to honor, any transaction which would cause you to exceed your available credit.
Promise to Pay. You promise to pay us when due al\ amounts bol!Ow~ whe~ you or sOI1!E<?ne else use your Account (~en if the amount charged exce~ your .permis~ion), all other
transactions and charges to your Account, and collecllon costs we Incur Including, but not limited to, reasonable attorney s fees and court costs. (If you win the SUit, we Will pay your reasonable
attorney's fees and court costs.)
Changes. After we provide you any notice required by law, we may change any part of this Agreement and add or remove requirements. If a change is made to the Finance Charges section of
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4428232058231452
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this Agreement. the new finance charge calculation will apply to your entire Account balance from the effective date of Ihe change. Changes will apply to balances that include items [Jested to ~
.ll,ccount before the date of the chanae, and will apply whether Of not you continue to use the Account. -
Foreigt\ ExcbangeJCuneocy ~olWefSion. If you use your Card fOf 1ransac\ioos in a currenC'j other than U:S. dollars, the transactions will be converted \0 U.S. dollars, gen~Talty using either a Ii)
government-maodated:;~I) wholesale market rate In effecll~e day before the transacllon, IS processed, .Increased by three percent (3%). If a credIt IS subsequently given for a transaction, it
'.1.'111 be decreased by the same percentage. The currency conversIon rale used on the conversion date may differ from the rate In effect on the date you used your Card. You agree to accept the
converted amount in U.S. dollars.
The Card; C.ancellation. You may cancel your credit privileges at any time by ~oti~ing us in writin.9 and destroying the Gard(s). Upon the Card exp.iration at the end of the month shown on it, we
reserve Ihe Tlghl not 10 renew the Caret. We may can~ellhe Card and your credll pnvl\e~es_at.any lime after 30 days notice 10 you, or without nollce If permitted by law. If your Card is cancelled or
not r~newed, financ.e c~8;rges and 9ther fees Will continue to be assessed, payments Will continue to be due, and all other applicable provisions of this Agreemen1 will remain in effect. If you
terminate your credit pnvlleges, or If we cancel or do not renew the Gard, you may no longer wri1e checks on your Account, and you should destroy any unused checks we have issued to you.
Piusonallnformatio.n; Docum~.nts. You ~ill provide ~s at least 10 days n~1ice if you ~h~nge your name, home or mailing address, telephone numbers, employment or income. Upon our
request, you will prOVide us additional financlallnfor:mabon. .We r~serve the.nght to obtain Information from others, including credit reporting agencies, and to provide your address and information
about your Account t9 ot.hers. We m~v also- share Informall9n With 9ur affiliates. However vou mav write to us at anv time instructlna us not to share credit information with our affiliates. If you
do I10t fulfill your obhgallons under thiS Agreement, a negatNe credit report tnat may reflect on your credit may be submitted to the credit reporting agencies.
Custome! Se!;"ice.; Unaut~orized Use, Loss, or Theft of Chec!m or the Caret Eac~ Card must be signed on receipt. You are responsible for safeguarding the Card, your Personal Identification
Number ( PIN, which prOVIdes access 10 Automated Teller Machines) and any checks ISS.Ued to you from theft, and keeping your PIN separate from your Card. If you discover or suspect that
your Card, P1N, 'Or any unused checks are lost or stolen, or that there may be an unauthclrIzed transaction on your Account you will promptly notify us by calling 1-8OQ..933-.7221. So we can
Immediately act to limit losses and liability, you will phone us even though you may also notify us in writing. Your liability for' unauthonzed use occurring before you notify us is limited to $50. If you
report or we ~uspect unauthorized use of y~ur Account, we. may su~pend your credit privil~es 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 all 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 be liable if any person or Automated Teller 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 Ihe Account are provided by Ihlrd-party
vendors. We are not responsible for the quality, availability, or results of any of the services you choose to use.
Stop Payment Orders. If you wish to s~op payment on a c~eck, you may send us a stop payment order by writing to us at our address for customer service listed on your statement. You can'
make a stop payment order orally by calling the number listed on your statement.. When you make a stop payment order, you must provide your Account number and specific information about the
check: the exact amount, the date on the check, the name of the party to whom It was payable, the name of the person who_ signed it, and the check number. You will be asked to confirm an oral
stop payment order in writing. We mav disreaard vour oral order if we do not receive a slaned 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, wi1hout
liability, disregard a written stop payment order six months after receipt unless It is rene':Ned in writing.
Standard of Care. Because this Account involves both credrt card and check transactions which are processed through separat~ national systems before the transactions are consolidated by us,
and ~use not every check and Card slip will be sent to us, transactions in your Account will be processed mechanically without our necessarily reviewing every item. Our processing system' will
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 stoien. We do not intend ordinarily to
examine all items, and we will not be negligent if we do not do so. This, rule establishes the standard of ordinary care which we in good faith will exercise in administering your Account. Because
of our 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 aU checks in your
check register or otherwise keep a record of them. You should also save your credit card cash advance and purchase slips. You aaree to check vour monthlv statements aaainst vaur record and
to notifv us immediatelv of anv unauthorized transactions or errors.
Waiver c)f 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 the agreement oetween you and us and may not be contradicted by eVlqence of any all~ed oral agreement. If any provision of this Agreement is held to be invalid or unenforceable,
you and we will consider that provision modified to conform to applicable la:w, and the rest of the proviSIons in the, Agreement will stm be enforceable. At any fune after we determine in good faith
that any proposed or enacted legislation, regulatory action, or judicial decision has rendered or may render any material provisions of this Agreement invalid or unenforceable, or impose any
increased tax, reporting requirement, or other burden in connection with any such proviSion or its enforcement, we may, after at least 30 days notice to you, or without notice if permitted by law,
cancel the Card and your Credit privileges. We may transfer or assign our right to all or some of your payments. If state law requires that you receive notice of such an event to protect the
purchaser or assignee, we may give you such notice by filing a financing statement with the state's Secretary of State.
Notices. Other notices to you shall be effective when deposited in the mail addressed to you at the address shown on our records, unless a longer notice period is specified in this Agreement or
by law, which period shall start upon mailing. Notice to us shall be mailed to our address for customer service on your statement (or other addresses we may Specify) and shall be effective when
we receive it.
YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing 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 ~s on a ~eparate sheet, at the
address listed in the Billing Rights Summary on your bill. Write to us as soon as pbssible. We must hear from you no later than 60 days after we sent you the first bill on whIch the error or problem
appeared. You can telephone us, but doing so will not preserve your rights. In your leller, give us the following information: - Your name and Account number. -- The dollar amount of the
suspected error. - Describe the error and explain, if you can why you believe there is an error. If you need more information, describe the item you are not sure about.
Your Rights and Our Responsibilities After We Receive Your Written Notice. We mus! acknowledge your leUer within 30 days, unless we have con:ected the error by then.. Within 90 days,
we must either correct the error or explain why we believe the bill was correct. After we receNe your letter, we cannot try to conect any amount you queslion, or report you ~s delinquent. W~ can
continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we
are investigating, but you are still obligated to pay the parts of your bill that are not in question.
If we find that we made a mistake on your bill, you will not have 10 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 ~n the questioned a~ount. In eith~r case, we will ~end you a statem~nt of the ~m?unl you owe ~nd the date that.lt 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 a~d you wnte to us Within 10 days telling us that 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 anyone we reported you to. We must tell anyone we report you to that the matter has been settled between
us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questi'Oned amount, eve"! if your bill was 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~jt card and you have tried in good faith to ~rrect the
problem 'Nith the merchant, you may not have to Pi!lj the remaining amount due 00 the goods 'Or seN\CeS. There are ~o limItations on ttns right: (a) you must haye. m~de the purchase I.n your
home slate, or if not within your home state, within 100 miles of your current mailing address; and (b) the purchase pnce must have been more than $50, These limitations do not apply If we own
or operate the merchant, or if we mailed you the advertisement for the property or services.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-05303 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PROVIDIAN NATIONAL BANK
VS
BRETZ MICHAEL S
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
BRETZ MICHAEL S
the
DEFENDANT
, at 0020:17 HOURS, on the 14th day of August
, 2000
at 740 S WEST STREET
CARLISLE, PA 17013-4116
by handing to
MICHAEL BRETZ
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
3.10
.00
10.00
.00
31.10
So Answers:
~~~~
R. Thomas Kline
08/15/2000
PARK LAW ASSOCIAT
Sworn and Subscribed to before By:
;0"'-_ f
me this 4 day 0
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VALERIE ROSENBLUTH PARK, ESQUIRE
Attorney I.D. #72094
PARK LAW ASSOCIATES, P.C.
25 E. State Street
Doylestown, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
PROVIDIAN NATIONAL BANK
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff
VS.
MICHAEL S BRETZ
Defendant
NO. 00-5303
PRAECIPE FOR ENTRY OF JUDGMENT
TO THE PROTHONOTARY:
Please enter Judgment in favor of the Plaintiff and against
the said Defendant in accordance with the Agreement for Judgment
attached hereto, and assess damages as follows:
AMOUNT OF JUDGMENT
ATTORNEY'S FEES
Plus interest from 3/16/00
$4,605.62
$ 921.12
405.27
LESS PAYMENTS
TOTAL
$1,003.00
$4,929.01 plus costs
I certify that I have enclosed a copy of this Praecipe to be
mailed to each other party who has appeared in this action or to
the attorney of record.
RE~
VALERIE ROSE TH PARK, ESQUIRE
ATTORNEY FOR PLAINTIFF
AND NOW, 51 p+ 01. 1
is entered as above.
Judgment
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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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
CUMBERLAND COUNTY COURT OF COMMON PLEAS
PROVIDIAN NATIONAL BANK
Plaintiff
VS
MICHAEL S BRETZ
Defendant NO.
PRAECIPE FOR ENTRY OF JUDGMENT BY AGREEMENT
TO THE PROTHONOTARY:
Please
enter
Judgment
by
Agreement
this
day
,2000. It is hereby agreed between the parties
of
that Judgment be entered in this action in favor of Plaintiff,
PROVIDIAN NATIONAL BANK,and against Defendant, MICHAEL S BRETZ, for
the principal amount of $4,605.62 plus interest at 15.90% from
03/16/2000, until judgment is entered plus attorney fees of $921.12,
less payments of $623.00 plus court costs.
PARK LAW ASSOCIATES, P.C.
BY:
VALERIE ROSENBLUTH PARK, ESQUIRE
Attorney for Plaintiff
1fl~~~
MICHAEL S BRETZ
Defendant
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VALERIE ROSENBLUTH PARK, ESQUIRE
Attorney I.D. #72094
PARK LAW ASSOCIATES, P.C.
25 E. State Street
Doylestown, PA 18901
(215 348-5200
ATTORNEY FOR PLAINTIFF
PROVIDIAN NATIONAL BANK
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff
VS.
MICHAEL S BRETZ
Defendant
NO. 00-5303
NOT ICE
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:
Judgment by Default
Money Judgment
Judgment in Replevin
Judgment in Possession
Judgment on Award of Arbitration
Judgment on Verdict
Judgment on Court Findings
X Judgment by Agreement
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE
CALL: PARK LAW ASSOCIATES, P.C. at this telephone number: (215)
348-5200.
PROTHONOTARY:
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THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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VALERIE ROSENBLUTH PARK, ESQUIRE
Attorney I.D. #72094
PARK LAW ASSOCIATES, P.C.
25 E. State Street
Doylestown, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY COURT OF COMMON PLEAS
PROVIDIAN NATIONAL BANK
Plaintiff
VS
MICHAEL S BRETZ
Defendant
NO. 00-5303
PRAECIPE TO MARK JUDGMENT SATISFIED, SETTLED, DISCONTINUED AND
ENDED
TO THE PROTHONOTARY:
Kindly mark the above captioned matter satisfied upon payment
of your costs.
PARK LAW ASSOCIATES, P.C.
By:h~
VALERIE ROSENBLUTH PARK, ESQUIRE
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