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HomeMy WebLinkAbout00-06034 . ,'" , ,. i!.t 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. JUSTIN L LAMASON Defendant NO. 00 -1P6J'I au~( ~~ 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 obj ections 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ." ,-~. " " ',^ '-, .~- :_~ "'>:i -,",' " " '~" ,<-' VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4479452523607155 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS JUSTIN L LAMASON 315 MARKET ST APT 4 LEMOYNE, PA 17043-1631 DEFENDANT NO. t>V~L.03'f ~ 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, JUSTIN L LAMASON, has a mailing address at 315 MARKET ST APT 4, LEMOYNE, PA 17043-1631. 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 '-, ~-'-- ,J. ",~ .. owned by the Plaintiff bearing account number 4479452523607155. 4. The Defendant requested an account, account number 4479452523607155, 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 $3,075.68 as of 07/14/2000, plus pre-judgment contractual interest at the rate of 21.24% 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 $522.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $3,075.68, plus pre-judgment interest at the contractual rate of 21.24% per annum from 07/14/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $522.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT I- ALTERNATIVE 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 Oefendant. 10. The Defendant accepted the benefits. ," - -,- - "" "", ,,~,---~ '-, d oW' - ~"_', 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 $3,075.68, plus pre-judgment interest at the contractual rate of 21.24% per annum from 07/14/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $522.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,'" \-- ,,-,,', -~, -;.-- 'h'" -,,,, '.k'"_'_ "--"5''''':_''-' 'V) VERIFICATION I, SUE CORRIEA , declare that as of June 13, 2000: I am a designated agent of PROVIDIAN NATIONAL BANK, the Plaintiff in this action, and I am duly authorized to make this ve~ification 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. ~.~ l Designated Agent ,t'-~IlI~ """'~ _~~I.. ~ ,,'J ... -. " , ''"' _~, ,i,'-, c", " , ;.; i'~'~ i'JPROVIDIAN Financial ~~~~~~~~~~..~~~.~~~ Providian National Bank VISA@or MastereCMH' B 'T -A May 5, 2000 J:'A I ~ Plea~e review. this document and keep it with your other important .papers. This. Account Agreement contains the terms which govern your PrO\Jidian Nat\ooal Bank. VISA or MasterCard Account (the ~cc.ount )'. Th~ Account allows you to make purchases by uS.lng your VISA or MasterCard c~rd (the "Card") wher~er it is honored and to get cash advances from us or any other participating financlallnshtutlon and from Automated Teller .Machlnes. Conv;n1e~,c;' ch~~ks m~ alse 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 ca~ Account. We, our, ours, and. us mean Provld!an Nallonal Bank or Its assignees, as listed on your billing statement. The Account may be used only for personal, family, household, an~ ~harltable purposes, and not for any business or commercIal purpose. Any use of thiS Account shall constitute acceptance of the terms of this Agreement. If the Account was opened as a JOint account, we may act on the instructions of either joint accountholder. You and we agree as follows: Paym~nts. You Will, receive a monthly statement showing your outstanding balance. Payment on this Account is required in U,S, 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 statel)1ent by the payment due date in accordance with payment instructions on your monthly statement. The back of your statements shows the rules we f~llow when we p~st payments. Conventen?e checks and other checks we issue 10 you may not be used to make payments on your Account or to make payments on any other ~ccount you have WIth us or our affillate~. !he payment due will be: 2% of th.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 ~redlt line. However, the payme.nt due will not be less than $15 (unless your new balance is less than $15, in which case the payment due will be the amount of the .ne~ balance). If your ~ccoun\ IS past due or abov~ l~e credit h~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 slrygle payment and none of It ~III be applied to future payments due. We may accept late or partial payments, or payments marked npaid in fuU" or marked With other restnctlons, wIthout losing our TIght to collect all amounts owing under this Agreement. If you have made special payment arrangements with either First Union or Providian, you need to continue making the agreed upon payments. Finance Charges: Exc:ep.t as des en bed .in the Grace Per~od for Purch~se 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 Imtll that ~alance IS reduced by a payme~t or c:edlt. Yo~r Account has the following balances: The Purchase Balance, which consists of your existing Purchase Balance an~ new purchases you make with your Card and fees for certain optional serviCes; one or more Custom Cash Advance Balances which consists of balances that you transfer to your Account uSing balance ~nsfer 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 th.en 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 dat~ made. Custom cash advances are Included in your Custom Cash Advance Balance as follows: funds electronically transmitted to other lenders to transfer balances, as of the date transmitted; checks to transfer balances, as of 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 cashie~s checks and mailed to you at your request, as of seven' days after the date we print on the check; all other checks, as of the date presented to us. Other debits are included in your Purchase, Custom Cash Advance, or Cash Advance Balance as oflhe date posted. Finance charges are added to your Purchase, Custom Cash Advance and Cash Advance Balances each day and are then posted on the last day of the billing cycle. There is nO grace period for custom cash advances or other cash advances. ' T 0 ~gure the ~ily f!na~v'e charge for ea~h type of Balance, we start with your previous day's Balance, ~dd all debits and su~tract all ~redits for the current day and multiply the net amount by the apphcable,dally penodic rate (see foUowmg 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 fina~ce 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 adiLlstment WIll be made for afro/transaction or payment that would have affected the finance chgrge calculation in a pl"ior billing tycle had it been posted in that cyde. 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 finance charges on balances for the billing cycle. The term "Prime Rate" as used in the Agreement means the highest prime rate publiShed in the Wafl 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 m the amount of your minimum payment. The ANNUAL PERCENTAGE RATE (APR) for purchases will vary and may be adjusted each billing cycle up to 114% above Prime Rate, but will in no event be less than 21,9'k USing thIS formula, the APR for purchases in the May 2000 billing cycle is 22.4%, corresponding to a daily periodic rate of 0.06137%. The ANNUAL PERCENTAGE RATE for cash advances is 21,9%, correspondi"g to a dai~ periodic rate of 0,06000%, If we receive your Acwmt payment late 2 or more times in any 6-month period since October 1, 1999, Of\ eath such occurrence we may increase the APR for purchases up to a maximum of 23.3% (corresponding to a daily periodic rate of 0.06384%), and increase the APR for cash advances and custom cash advances up to maximum of 23.9% (corresponding to a daily periodic rate of O,0654fl%). If after you receive the higher rates your payments are received on time and you meet all other terms of this Agreement for 3 consecutive months, you may contact our Customer Service department and, at your request, we will review your Account for a possible APR reduction. If at this time the APRs in your Account have already increased because you did not meet the existing terms of your Account Agreement, your existing APRs will continue to apply. If you meet all terms of this Agreement for 3 consecutive months and you contact our Customer Service department, we will review your Account for a possible APR reduction. Starting July 2000, however, the APRs described in the preceding paragraph will apply, If your Account payments are received late 2 or more times in any f3..month period since October 1, 1999. Grace Period for Purchase Balance. New purchases posted to your Account in billing cycles with no previous balance, or when the previous balance was fully paid during the cycle, do not begin to incur a finance charge until- the start of the next billing cycle. You will pay no finance charge on such new purchases if you pay the total new balance in full by the payment due date shown on your statement. New purchases posted in any other billing cycle incur a finance charge, and there is no period in which such purchases may be repaid without incurring a finance charge. Fees. We may charge your Account $0 for: each Card you ask us to replace; each returned payment; each check you write on your Account that we return unpaid; each stop payment order or renewal of such an order; each billing cycle within which your Account is delinquent (late charge); and each billing cycle within which your balance exceeds your credit line (overtirnit fee), even If your Account is closed. If you reguest copies of billing statements that. were first sent to you more than three months earlier, we may charge a handling fee of $? for e.ach such copy. If you request that we make a one.time automatic payment from your personal checking account, we may charge your credit card account a fee 0($4.95 for each request. ThiS fee IS a FINANCE CHARGE, and it will apply regardless of whether funds are available in your personal checking account to make the payment. We may charge a transaction fee of 3% (minimum $5), which is a on~time FINANCE CHARGE, on the amount of each cash advance, inCluding cash from financial institutions, and ATMs, wire transfers, money orders, lottery tickets, casino gaming chips, and similar transactions. Default You will be in default: if any information you provided us proves 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 w~en due; if a bankruptcy pet~tion is filed by or aga.inst.y.ou; or if we believe in good faith that you may not payor perform your obligations under thiS Agreement. If you are in default we may, Without further demand or nobce, cancel you~ credIt pTlvlleges, declare your Accoun.t balan~ Immediately due and payabl~, and u~e any remedy we rl!ay have, In the event of your default, the outstanding balance on your Account shell contmue to accrue interest at the APR(s) dIsclosed m the Finance Charges sectlon of this Agraement, 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. Your monthly statements show your credit line and 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 cred~t i~ normally .the differe.nce ~etween your credit hne and yo~r Account balanc~ (including transactions made or authorized but not yel posted). If you send us a large payment check, we may limIt your avall~le credit while we confirm that the ch~k will cle~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 all. amounts bo'!OW~ whe~ you or so~e,?ne else use your Account (;ven if the amount charged exce~ds your 'permis~ion), all other transactions and charges to your Account, and collection costs we Incur Including, but not limited to, reasonable attorney s fees and court costs. (If you win the SUIt, we will pay your reasonable attorney's fees and court costs.) Changes. After we provide you any notice required by law, we may change any part of this Agreement and add or remove requirements. If a .change is made to the Fi~ance ~harges section of this Agreement, \he neW finance charge calculation will apply to your entire A~count balance from the effective date of the change. Changes Will apply to balances that Include Items oosted to YQYL Account before the date of the chanoe, and will apply whether or not you continue to use the Account. Foreign Exchange/Currency Conversion. If you use 'your Card for transactions in a curr~ncy other than U:S. dollars, the transactions will be convert~1 to U.S. dollars, ~enerally using eit~er a, (i) government-mandated rate or (ii) wholesale market rate In effect the day before the transaction IS processed, Increased by thre~ percent (3%). If a credit IS subsequently given for a transactJon, It will be decreased by the same percentage. The currency conversion rate used on the conversion date may differ from the rate In effect on the date you used your Card. You agree to accept the converted amount in U.S. dollars. (ConUnued 0" reverse) (5846-0698) 4428024501197533 1532 004 Z561 "" .M_' _.~,... ~~~, .~~ ~ ~.. - ~"" . M ~~ -- _ -L~."_~"..,"~ ,.w"'-_~_IC""~''''':~T: Foreign Exchange/Currency 9onverslon. If you use your Card for transactions in a curr~n9V other than U:S, dollars, the transactions will be converted to U.S. dollars, Qenerally using either a (i) g?vernment-mandated rate or (II) wholesale market rate In effed t~e day bafore the traRSactlon IS processed, Increased by three percent (3%). If a credit is subsequently given for a transaction, it Will be decreased ~y the same percentage. The currency conversIon rate used on the conversion date may differ from the rate in effect on the date you used your Card. You agree to accept the converted amount In U.S. dollars. The Card; C.ancellatlort. You may cancel your credit privileges at any time by notifying us in writing and destroying the Card(s). Upon the Card expiration at the end of the month shown on it we reselVe the nght not to renew the Carel. We ma.y can~el the Card and your credit privil~es at.any time after 30 days notice to you, or without notice if permitted by law. If your Card is cancelled or not r~newed, financ,e c~s:rges and ~ther fees Will conlinue to be assessed, payments Will contln~e to be due, and aU other applicable provisions of this Agreement will remain in effect. If you \ermma1eyour credit pTllllleges, or 11 we cancel or do not renew the Card, you may no longer write checks on your Account, and you should destroy any unused checks we have issued to you, PeTSonallnfo~matlo~; Docum.e.nts. You ~ill provide ~s at least 10 days n~tice if you ~h~nge your name, home or mailing address, telephone numbers, employment or incom~, Upon "";1 request, you WIll prOVide us addItional finanClallnfo~matlon. .We r~erve the. fight to obtain Information from others, including credit reporting agencies, and to provide your addres-s and information aboul your Account t~ ol.hers. We m~v also share lnformatl~m with ~ur affiliates. However you may write to us at anv time instructinn us not to share credit information with our affiliates, If you do not fulfill your obligations under thiS Agreement, a negative credit report that may reflect on your credit may be submitted to the credit reporting agencies. Custome! Se!;ylce.; Unilu~orized Use, Loss, or Theft of Chec~ or the Card. Eac~ Card must be signed on receipt. You are responsible for safeguarding the Card, your Pefsonalldentification Number ( PIN, which prOVides access to Automated Teller Machines) and any checks Issued to you from theft, and keeping your PIN separate from your Card, If you discover or suspect that your C~rd, PIN, or any unused checks are lost or stolen, or that there may be an unauthorized transaction on your Account, you will promptly notify us by calling 1.800-933-7221. So we can Immediately act to limit losses. and liability, you will phone us even though you may .als~ ~otify us i~ writing. Your liability for unauthori~ed u~e occ~rring before you notify us is limited to $50. If you report or we ~uspect unCluthonzed use of y~ur Account, we .may su~pend your credit pnvll~ges unlll we resolve the problem to our satisfaction or ISsue you a new Card. If your Card is lost or stolen, you will promptly destroy aU checks In your possessIon. To Improve customer service and security, you agree that your calls may be monitored or recorded. Merchant Relations. We will not b~ liable if any person or Automated 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 Spedal Rule below.) Certain benefits that are available with the Account are provided by third-party vendors. We are not responsible for the quality, availability, or results of any of the selVlces you choose to use. Stop Payment Orders. If you wish to stop payment on a check, you may send us a stop payment order by writing to us at our address for customer service listed on your statement. You can make a stop payment'order orally by calling the number listed on your statement.. When you make a stop payment order, you ~ust 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 Your oral order if we do not receive a sinned written confirmation within two weeks after the oral order, or if we have not received an adequate description of the item so that payment can be stopped. The order will not be effective if the check was paid by us before we had a reasonable opportunity to act on the order. We may, without liability, disregard a written stop payment order six months after receipt unless it is renewed in writing. Standard of Care. Because this Account involves both credit card and check transactions which are processed through separate national systems before the transactions are consolidated by us, and because not eNery check and Card slip will be sent to us, transactions in your Account will be processed mechanically without our necessarily reNiewing fNery item. Our processing system will call our attention to certain items which we will examine. We will examine all transactions when you report that your Card or checks have been lost or stolen. We do not intend ordinarily to examine all items,_ and we will not be negligent if we do 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, arid because neither your cancelled checks nor Card transaction slips will be returned to you with the monthly statement, you should be careful to enter all checks in your check register or otherwise keep a record of them. You should also save your credit card cash advance and purchase slips. You aaree to check vour monthlv statements aaainst your record and to notify us immediately of anv unauthorized transactions or errors. Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision later. You waive: the right to presentment, demand, protest, or notice of dishonor; any applicable statute of limitations; and any right you may have to require us to proceed against anyone before we file suit against you. Applicable Law; Sevenlblllty; 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 Detween you and us and may not be contradicted by evidence of any alleQed oral agreement. If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to conform to applicable law, and the rest of the proviSions in the Agreement will still be enforceable. At any time after we determine in good faith that any proposed or enClcted 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 stale law requires that you receive notice of such an eNent 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 "otice contains important information about your rights a"d our responsibilities under the Fair Credit Billing Act. Notify Us in Case of EfTors. or Questions About Ya.ur Bil!. If you think your bill is ~rong 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 pOSSible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your ~ghts. In your letter, give us the following Information: - Your name and Account number. - The dollar amount of the suspected error. -- Describe the error and explain, if you can why you believe there is an error, If you need more information, describe the item you are not sure about. If Y9U have authorized u~ to pay your credit card bill automat!cally from your checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us three business days before the automatic payment IS scheduled to occur. Your Rights and Our Responsibilities. After We Receive 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 believe the bill was correct. After we receive your letler, we cannot try to collect any amount you question, or report you as delmquent. W~ can continue to bill you for the amo~nt y~u question, including finance ch~rges, and we.can apply any unpaid amount agamst your credit line. You do not have to pay any questioned amount while we are investigating, but YOll are sill! 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 ~o pay any finance ~harge related to. any questioned amount. If we didn't make a mistake, you may h~~ to pay finance.charges, and you will have to maKe up the missed payments l?" the questioned a~ount. In elth,er case, we wIII.send you a statem~nt of the ~m~unt you owe ,and the date that. It IS due. If you fall to pay the amount we think you owe, we may report you as dehnquent. However, If our explanation does not satisfy you and you wnte to us Within 10 clays telling us that you stili refuse to pay, we must tell anyone we report you to that you question your bill. And, ~e must tell you the name of any~ne we reported you. to. We.must tell anyone we report you to that the matter has been settled between us when it finally is. lfwe don't follow these rules, we cant collect the first $50 of the questioned amount, even 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~it card and you have tried in good faith to c.orrect 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 nght (a) you must ha~e. m~de the purchase !n your home state, or if not within your home state, within 100 miles of your current mailing ~ess; and (b) the purchase price must have been more than $50. These hmltations do not apply If we own or operate the merchant, or if we mailed you the advertisement for the property or servIces, """-''''''''Ilr ~I ~~';)],iJl>jl'""j;;";;,.-,ci4'm;m:i!.~J1iij:i;f.$M:-i~,,),,,J'J"-~M;'g,.t~,1;WJ.."i'k"h'g;:m,"~li:illn4lliilUll .-.' iil~'"<<-~~ ~~-...,~~~' ~""'--~j~ Ml ~~-v~~M"'""'" jj;; ~~ . . ~ ~ '9. 0 0 () C 0;::) 7;; S ;;::"" -n G ~ h "U ()"', :r>> -:j If- (g ~~; :" -:.;!l 't-'-;: g 6 W ""'1:----'-; '..jCJ &: ...... --</ (n) ," ~ r:::c:- ...:._:!() I I );:C -0 ".,-" 20 -'l\... r?2S "V ~ ...( 1 :a >c:: '-:? ,:o-,rn l~ '-... p.:: Z '" ~: =< <;;) :IJ ~ -< ~ 'if -v ~ !ir: ~\ ~ l ~ . "" ".~~" n,_, '~""'~_'~'"=_"'~' ..."~ " ~"'~,">"" -' ,".--,,-, 1'_ '<~A~".. " -~ '^ " ~,' - '-,," --, , ~'~--~-""''''> " ' ~, ~, SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-06034 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS LAMASON JUSTIN L R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT LAMASON JUSTIN L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , LAMASON JUSTIN L DEFENDANT COULD NOT BE SERVED PRIOR TO EXPIRATION DATE. Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 18.00 10.54 5.00 10.00 .00 43.54 ~~~ R. Thomas Kl ine ' Sheriff of Cumberland County PARK LAW ASSOCIATES 09/29/2000 Sworn and subscribed to before me this r5''t::- day of ~ .:2-D-vo A . D . Q ~ .~, ,{2 ~j~ Pro h~notary - _I~ __, -,~, ' ~ -l~L' ~ . . , . ,. , , '.., ' , ~J;;;....~~~.;;i~~~CLt~..... · ....~Jt ~~ ~-'-"f': A~'I'Gfj 'ill .,.,"'1'''".,,,,,''',,'''''.......,. h" " " ,,' ~~l'.'. ,,!.t~,i~rl"~ [?:":,~'tIi'AICli"Vl t 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. JUSTIN L LAMASON Defendant NO. 00- t..63~ Coil t~ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 (717) 249-3166 TRUE COpy FROM RECORO (800) 990-9108 InTestlmonY'Nk' i hqre UlltOset my hand , ;2Z:;;;;~~1;~ THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,,*' ~ . ~ ,'~_. ", -,- , ''lj' -~). . . VALERIE ROSENBLUTH PARK ATTORNEY r.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#:4479452523607155 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS JUSTIN L LAMASON 315 MARKET ST APT 4 LEMOYNE, PA 17043-1631 DEFENDANT NO. 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, JUSTIN L LAMASON, has a mailing address at 315 MARKET ST APT 4, LEMOYNE, PA 17043-1631. 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 ." ' ~~' ~ -:s:;; , . . owned by the Plaintiff bearing account number 4479452523607155. 4. The Defendant requested an account, account number 4479452523607155, 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 $3,075.68 as of 07/14/2000, plus pre-judgment contractual interest at the rate of 21.24% 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 $522.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $3,075.68, plus pre-judgment interest at the contractual rate of 21.24% per annum from 07/14/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $522.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT I - ALTERNATIVE 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. "'0 _~ ":'ti , . . 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 be~efits 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 $3,075.68, plus pre-judgment interest at the contractual rate of 21.24% per annum from 07/14/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $522.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROBENBLUTH 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 PURPOBE. ,-"'-' 'j ,--'" - ~ ".1,1 . ' . VERIFICATION I, SUE CORRIE.&. , declare that as of June 13, 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 ~elief 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. ~ ~tl Designated Agent -"- 1'11\ ~PROVIDIAN Financial "~ ~I ". . - ,-~ 0 ~!' 4428024501197533 A 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 MasterCard Account (the "~cc.ou~t").. The Account allows you to make purchases by uS.lng your VISA or MasterCard card (the nCard") wherever it is honored and to get cash acto/ances from us or any other participating finanCI~llnsbtutlon and from Automated Teller .Machlnes. Conv~n1e~c~ ch~ks m, als~ ~ provided l~ xou as ~n additional ~ to ~se t~e Acc.ount. In this Ag~ment, "you~ and Qyour" mean each person for whom we ~ave opened a Credit ca~d Account. We, our, ours, and us mean Provtdlan National Bank or Its assIgnees, as listed on your billing statement. The Account may be used only for personal, lamlly, household, and charilable purposes, and nol for any business or commercial purpose, Any use of Ihis Accqunt shall conslilule accaplance of Ihelerms of Ihis Agreement. If the Account was opened as a joint account, we may act on the instructions of either joint accountholder. You and we agree as follows: Payments. You will receive a monlh~ slalement showing your outslanding balance, Payment on Ihis Accounl is required in U.S. dollars (checks must be payable at a U.S, office of Ihe bank the check IS drawn on) for at least the payment due as shown on your statement by the payment due date in accordance with payment instruqions on your monthly statement. The back of your statements shows the rules we fo.ltow when we p~t payments. CotWern~ checks and other checks we issue to you may oot be used \0 make payments on your Account or'to make payments on any other a.ccQunt you have with us or our affillat~. !he payment due Will be: 2% of t~e new balance shown on your statement plus th~ amount of any past due payment, and may include the amount by which the new balance exceeds your credit lme. However, the payment due Will not be less than $15 (unless your new balance 'is less than $15, in which case the payment due will be Ihe amount of Ihe now balance). If your Account is past due or above Ihe creellline, we may require a higher minimum payment, bulwe will nolify you before doing so, If your payment is more than the payment due, It will be treated as a smgle payment and none of It WIll be applied to future payments due. We may accept late or partial: payments or payments marked "paid in full- or marked with other restrictions, without losing our right to collect all amounts owing under this Agreement ' If you have made special payment arrangements with either First Union or Providian, you need to continue making the agreed upon payments. Finance Charges~ Excep.t as described .in the Grace Period for Purchase Balance section of this Agreement, finance charges begin to accrue on a debit when it is included in one of your daily balances and contmue untllthat !Jalance IS reduced by a payme~t or ~redit. Yo~r Account has the following balances: The Purchase ~alance which consists of your existing Purchase Balance an~ new purchases you make With your Card and fees for certain opnonal services; one or more Custom Cash Advance Balances whIch ~onsists of balances that you transfer to your Account uSing balance t~nsfer checks and balances that we transfer for you; and the Cash Advanc_8 Balance which consists of all other cash advances and cash advance transaction fees. Any payment amount we receIVe that exceeds the finance cha~es 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 redu?ed by payments as of lhe date received, and by credits as df the ~te posted. Purchases are included in your Purchase Balence as of lhe date made, Custom cash aqvances are included In your Custom Cash Advance Balance as follows: funds electronically trensmitted to other lenders to trensfer balancss, as of the date transmitted; checks to transfer balances, as of the date presented to us. Other cash advances are included in your Cash AcNance Balance as follows: cash advances from ot/1er financial institutions and through Automated Tellers, as of the date made; cash advance checks made payable to you that are iqentified 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 Acto/ance Balance as of the date posted. Finance charges are added to your Purchase, Custom Cash Advance, and-Cash Advance Balances each day and are then posted on the last day of the biling cycle. There is "0 graca 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 all credits for the current day and multiply the net amount by the applicable daily periotic rate (see follOWing paregrephs). The finance charga for each typa of Balance is Ihen added 10 and included in Ihat day's Balance, Welreat a credil 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 wilhin 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 appticable dai~ periotic rate for such a lransactlon will be the rate in effect for the CUIIOI1\ blling cycle rather than the rate III 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 detennine your total finance charges on balances for the billing cycle. The term "Prime Rate- as used in the Agreement means the highest prime rate published in the Wan Street Journal on the first business day of the previous calendar month. Any increase or decrease in the Annual Percet\tage Rate will take effect on the firsl day of your billing cycle and may result in a slighl increase or decrease In the amount of your mlllimum paymOllt The ANNUAL PERCENTAGE RATE (APRl for purchases will vary and may be adjusled each billing cycle up 10 13,4%"above Prime Rale, bul will in no evenl be Ie" Ihan 21,9%, Using Ihis formula, the APR for purchases in Ihe May 2000 billing cycle is 22-4%, corresponding to a dai~ periodiC rale of 0.06137%, The ANNUAL PERCENTAGE RATE for cash advances is 21,9%, corresponding 10 a daily periodic rete of 0,06000%. If we receive your Account payment late 2 or more times in any 6-month period since October 1, 1999, on each such occurrence we may increase the APR for purchases up to a, maximum of 23.3% (corresponding to a daily periodic rate of 0.06384%), and increase the APR for cash advances and custom cash advances up to mB?Cimum of 23.9% (corresponding to a daily periodic rate of 0.06548%). If after you receive the higher rates your payments are received on time and you meet all other tenns of this Agreement for 3 consecutive months, you may contact our Customer Service department and, at your request, we will review your Account for a possible APR reduction. If at this time the APRs in your Account have already increased because you did not meet the existing terms of your Account Agreement, your existing APRs will continue to apply. If you meet all tenns of lI1is Agreement for 3 consecutive months and you contact our Customer Service department, we win review your Account for a ~ible APR reduclion. Starting July 2000, however, the APRs descnbed in the preceding paragraph will apply, if your Account payments are received late 20r more limes in any 6-month period since October 1, 1999. Grace Period for Purchase Balance. New purchases posted to your Account in billing cycles with no previous balance, or when the previous balance ~ 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 pay lhe tolal new bala~e I~ full ~ the ~aymenl due date shown on yaur statement New purchases pasted in any other biRing cycle incur a finance charge, and there is no period in which such purchases may be repaid WIthout lncurnng a finance charge. Fees. We may charge your Acco!Jnt $0 for: ~a~h C~rd you ask us to ~epla~e; each returned payment; each ~~eck you w~t~ on xour Account that we return unpaid; ~.ch stop p.~ent order ~r renewal of such an oider; each billmg cycle Within whIch your Account IS delinquent (late charge); and each billing cycle w~thm which your ~alance ex~ your credit line (ovenlm1t feel' even If your Account is closed. If you request copies of billing statements that were first sent to you more than three months earlier, we may charge a handhng fee of ~ for e:ach such copy. I you request that we make a one-time automatic payment from your personal checking account, we may charge your credit card account a fee of$4.95 for each request. ThiS fee IS a FINANCE CHARGE, and it wi~ apply regardless of WhethOl funds ",e available in your "",,O!\aI checking account to make the payment We may charge a transaction fee of 3% (minimum $5), which is a one-time RNANCE CHARGE, on the amount of each cash acto/ance, including cash from financial institutions, and A TMs, wire transfers, money orders, lottery tickets, casino gaming chips, and similar transactions. Default You will be in default: if any information yo~ provided us prov~ to.be incomplete or untrue; ify~u do nC?t cor,nplY 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 agaInst you; or If we beheve In good faith that ~ou may not pay or perform your obligations under thiS Agreement. If you are in default we may, without further demand or notice, cancel you~ credit privileg~, declare your Accoun.t balan~ Immediately due and payabl~, and ~e any remedy we ~ay have. In the event of your default, Ihe outstanding balance on your Account shall contmue to accrue Interest at the APR(s) disclosed In the Rnance 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 lime in a separate notice. Xour monthly statem~nts show ~ur credit line an~ the amount of your avai~le .credit. We may increase or decrease your credit line based on information we obtained from you or your credit records. Your CNallable cred\t ~ normally .the differel'\C& ~tween '.fOUl" credilllM and yo~r Account balanc~ (includil1Q transactions made or authorized but not yet posted). If you send us a large payment check, we may limIt yo~r aval~le credit while we confirm that the ch~k WIll cl~r. For certain transactions, available credit may be less. You will not use your Account for, and we may refuse to honor, any transaction which would cause you to exceed your available Credit. Promise to Pay. You promise to pay us when due al! amounts bo,!owe~ wh~ you or so~e~ne else use your Account (~n if the amount charged exce~ds your 'permis~ion), all other transactions and charges to your Account, and collection costs we mcur mcludlng, but not hmlted to, reasonable attorney s fees and court costs. (If you win the SUlt, we Will pay your reasonable attomey's fees and court costs,) " ChangO!. After we provide you any notice required by law, we may change any part of this Agreement an~ add or remove requirements. If a ,change IS made to the FI~ance ~harges section of this Agreement, the new finance charge calculation will apply to your entire A~count balance from the effeetlve date of the change. Changes Will apply to balances that Include Items oosted 10:lQ!!L Account before the date of the chance, and will apply whether or not you continue to use the Account. .' . Forel 11 Exchange/Currency Conversion. If you use your Card for transactions in a curr~ncy o'Iher 1han U:S. doIIais, the mmsat\\ons will be col'I\lert~ to U.S. dollars, ~enerally usmg et~er a. (I) gov~rnent.mandated rate or (ii) wholesale market rate in effect the day before the transaction. IS processed, .lncreased by thre~ percent (3%). If a credit IS subsequently given for a transacllon, It will be decreased by the same percentage. The currency conversion rate used on the conversion date may differ from the rate In effect on the date you used your Card. You agree to accept the converted amount in U.S. dollars. Providian NalionalBank VISAIil or MastereJ:oVH I B L May 5, 2000 J:'A . i 1532 004 Z561 {Continued on reverse} (5846-0698) .- . """,, <,-, ." ,'- 'i&"'i~llii.",,- ~or.lgn, ExfhangelCu"l'ncy Conversion. If you use ,your Cerd for lrensaclions in a currency olher than U,S. dollars, the lransactions will be converted 10 U,s. dollars, genereily using either a (i) govemment-mandateara.e or QI} wholesale markel rete In effect the day before Ihe lransactlon IS processed, iMreased by three percent (3%). If a credit is subsequently gNen for a llansaclion il Will be decreased ~ the same percentage. The currency conversion rate used on the conversion date may differ from the rate in effect on the date you used your Caret. You agree to accept th'e converted amount In U.S, dollars, Tho Card: Cancellation. You may cancel your credit prO/lieges at any time by notifying us ill writing and destroying Ihe Card(s). Upon Ihe Card expiration at the end of the month shown on it we reserve Ihe rrght not to renew the Caret. We may' can~el the Card and your credit privileges at.any time after 30 days notice to you, or without notice if permitted by law. If your Card is cancelled or not renewed, finance charges and othar foes Will conlinue \0 be assessed, payments will conllnue \0 be due, and all other appncable plOVisions of this Agreemenl will remain in effect If you term mate your credit prIVileges, or If we 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 issued to you. Personallnfo~matfo.n; Docum~,nts. You ~iIl provide ~ at least 10 days n~tice if you ~h~nge your name, home or mailing address, telephone numbers, employment or incom~. Upon "~I request, you WIll provIde us additional financial mfo~atlon, ,We r~serve the. nght to obtain Information fr~m others, inclu~ing ~redit r~orting agencies, and to provide your address and information about your Account t~ ol~ers. We m~y also share Informall9n with 9ur affiliates. However you may wnte to us at any time Instructina us not to share credit mfonnatlOt\ with our affiliates, if you do not fuffill your obligatIOns under thIS Agreement, a negatNe credn report that may reftect Oil your credit may be submitted 10 Ihe credit reporting agencies, Custome! Se~ce.; UnalJt!1orlzed Use, Loss, or Theft of Chec!fs; or the Card. Eac~ Card must be signed on receipt. You are responsible for safeguarding the Card, your Personal Identification Number ( PIN, which provides access to Automated T eUer Machines) and any checks ISSUed to you from theft, and keeping your PIN separate from your Carel. If you discover or suspect that your Card, PIN, or any unused checks are losl or slolen, or Ihatthere may be an unaulhorized Iransaction on your Account, you will promptly notify us by calling 1.800-833-1221. So we can Immediately ad to limit losses and liability, you will phone us even though you may also notify us In wnting. Your lIabllily for unauthonzed use occurring before you notIfy us is limited to $50. If you report or we ~uspect unauthorized use o(y~ur Account, we.may su~pend your credit privil~es until we ~esolve 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 secunty, you agree that your calls may be monitored or recorded. Merchapt 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 Ihe Card or checks except as required by law, (See Special Rule below.) Certein benelils that are available with the Account are provided by third-party vendors. We are not responsible for the quality, availability, or results of any of the services you choose to use. Stop Payment Orders. If you wish to stop payment on a check, you may send us a stop payment order by writing to us at our address for customer service listed on your statement. You can make a stop paymenl"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 amounl, Ihe dele on the check, the name of the party 10 whom it was payable, the name of Ihe person who signed it, and Ihe check number, You will be asked to confirm an oral s10p paymen1 order in writing. We disre d ouroralord r' wedon recei\leasi oed 'e confirmation'. oweeks ertheora r,orifwehavenotreceivedana~uate description of the item so that payment can be stopped, The order will not be effective if t 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 Account involves both credit card and check transactions which are processed through separate national systems before the transactions are consolidated by us, and because not every check and Card slip. will be sent to us, transactions in your Account will be processed mechanically w~hout our necessarily reviewing fINery item. Our processing system will call our attention to certain items which we will examine. We will examine all transactions when you report that your Card or checks have been lost or stolen. We do not intend ordinarily to examine all items,_ and ~e will not be negligent if we do not 9,0 so. This rule establishes the standard of ordinary care which ~ in good faith will exercise in administering your Account. Because of our limited review, and because neither your cancelled checks nor Card transaction slips will be returned to you with the monthly statement, you should be careful to enter all checks in your check register or otherwise keep a record of them, You should also save your credit card cash advance and purchase slips. You aaree to check Your monlhlv statements aaainst Your record and to noliN us immedialelV of anv unauthorized transactions or errors Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision later. You waive: tlie right to presentment, demand, protest, or notice of dishonor; any applicable statute of limitations; and any right you may have to require us to proceed against anyone before we file suit against you, Applicable LaW; Severability; Assignment No mailer where you live, this Agreement and your Accounl are govemed by federal law and by New Hampshire taw. Th~ Agreement ~ a final expression of the agreement &atween you and us and may not be contradicted by evidence 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 law, and the rest of the proviSIOns in the Agreement will stm be enforceable. At any time after we determine In good falth 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 Ag~ment or by law, which period shall start upon mailing. Notice to us shall be mailed to our address for customer service on your slitement (or other addresses we may specify) and shall be effectNe when we receiVe it. YOUR BilLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE, This nolice contains importenl informalion aboul your righls and our responsibilities under Ihe Fair Credit Billing Act Notify Us In Case of Errors or Questions About Your 8111. If you think your bill is wrong or if you need more infonnalion about allY transaction on your bill, write us on a separate sheet, at the address listed in the Billing Rights Summary on your bill, Write to us as soon as possible, We must hear from yOU no laler than 60 days aller we senl you the first bili on which the error or problem appeared. You can telephone us, but doing so will ~ot preserve your righ~. In your I~tter, give us the following In~nnatio~: - Your.name ~nd Account number. - The dollar amount of the suspected error. - Describe the error and explain, If you can why you beheve there IS an error. If you need more InformatIOn, descnbe the Item you are not sure about. If you have authorized us to pay your cred'!t card bill automatically from your checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your leUer must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities After We Receive Your Written Notice. We mus~ acknowledge your letter within 30 days, unless we have corr:ected the error by then" Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receIVe your letter, we cannot try to collect any amount you question, or report you as delmquent. Wf!3 can continue to bUt 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 to pay any finance charge related to any questioned amount. If we didn't make a mistake, you may h~v~ to pay finance.charges, and you will have to make up the missed payments on the questioned a~ount. In eith,er case, we will ,send you a statem~t of the ~9unt you owe ,and the date that,lt IS due. If you fail to pay the amount we think you owe, we may report you as delinquent. However, If our explanalron does not salrsfy you and you wnle 10 us Within 10 deys Ielirng us thai you snll refuse 10 pay, we must tell anyone we report you to that you question yourbm. And, we must tell you the name of any~ we reported you.to, We .musHeI\ anvooe we report you to that ,he matter has been settled between us when il finally is, if we don't follow Ihese rules, we can't collect the first $50 of Ihe questioned amount, even If your bill was correct. Special Rule for Credit Card Purchases. If you have a problem with the quality of the property or ~ervices that you pur~h~s~ with our. c~it card and you have tried in good faith to c.orrect the problem with the merchant, you may not have to pay the remaining amount due ,~n the goods or services. There are ~o lImllations on this nght: (a) you must h~e, m~de the purchase ~n your home state, or if not within your home state, within 100 miles of your current mailing a'!tfress; 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, "" ~ ~ @3 ~ @!i) - , ~ . 1~J!!1I ~_ ~ ~ @3 ~ ef) !JIl"~~~~~~~III!llI-'~' Ji 1'!,;;1'1'c"'!<-')~'W"~~~"-~"",,,,,<'4W"':"-;-'HW~f1>""'I'm'Bl'lil!ii!it.!~ffu-;"uN;;.'t~"!'.li!:,-,!@iW!>?:~~\iq@~ ~ -~ VALERIE ROBENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASBOCIATES, P.C. 25 E. Btate Street Doy1estown, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF PROVIDIAN NATIONAL BANK '~t.'.:: Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS VB. JUBTIN L. LAMASON Defendant NO. 00-6034 ORDER AND NOW, this (, ~ day of F~ ,2001, upon consideration of the Plaintiff's petition and upon Motion of Valerie Rosenbluth Park, Esquire, it is ORDERED and DECREED that the Defendant may be served in accordance with Pennsylvania Rules of Civil Procedure, by mailing a true and correct copy of the Complaint to the Defendant at the Defendant's last known address by both certified mail, return receipt requested, and by first class mail, postage paidj A Verification of Bervice shall be .filed by Plaintiff's attorne showing service of the Complaint as set forth herein. J.~ C~.f\ D\ -D" , O~ ~~ ~~ r-;~ 'J!f ~~nO)\\). I-- ".lb~ f",. ~IC.. p. :, I, " '>-" u~_" -, "~ ~ J. "_ ~- ~ " ,.- ~ ". ~ -.h, ,"">''U-.^< "",,,,,',,,--0-, '''''"'"",, ''',.,.'~ ";"''-'"",_,-,.'''_ ~~~ ~ '-'~"<O''-,,,^,,'b_" n~::- '~', 01 FEB-j M! 8: 16 CUMBEPJi\iD COUNW PENNSYLVANIA .,_,~~_",,.,,,., ,r"I"C,_ ,,['}~'!II~lj~~~,"_~,__ ~, ,~~,'" !!1M __ <~ , P~-",",,-'" -~,- ~&< - VALERIE ROSENBLUTH PARK, EBQUIRE Attorney I.D. #72094 PARK LAW ASBOCIATEB, 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 VB. JUSTIN L. LAMASON Defendant NO. 00-6034 PETITION FOR SERVICE OF PROCESS IN ACCORDANCE WITH PA RULES OF CIVIL PROCEDURE TO THE HONORABLE, THE JUDGES OF THE BAID COURT: The petition of the Plaintiff by its attorneys, PARK LAW ABBOCIATEB, P.C., respectfully represents that: 1. The Complaint was filed on 08/31/00. 2 . return of the hereof The Sheriff of Cumberland of service of the Complaint on sheriff's return of service is and marked Exhibit "P-1". County made a II Not Found II 09/29/00. A true and correct attached hereto, made a part 3. The last known address of the Defendant is 315 MARKET BT., APT. 4, LEMOYNE, PA 17043. 4. Subsequent to the Plaintiff's attorneys' receipt of the Bheriff's "Not Found II return, Plaintiff's attorney made the described efforts to locate the whereabouts of the Defendant as indicated in the attached Affidavit of Investigation. 5. Despite Plaintiff's attorneys' inquiries, the Plaintiff has been unable to locate the Defendant. , "~ ~ - 6. The Plaintiff believes the Defendant is either obstructing or concealing the Defendant's whereabouts. WHEREFORE, Plaintiff prays the Court enter an Order allowing the Plaintiff to serve the Defendant in the same manner as set forth in pennsylvania Rule of Civil Procedure No. 403 and service shall be attempted by both Certified Mail, Return Receipt Requested, and by First Class Mail, Postage Paid. Plaintiff's attorney shall file an affidavit of service showing service~f the Complaint as set forth herein. . BY: VALE ROBENBLUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF ,,", - ,~< COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS Valerie Rosenbluth Park, Esquire, being duly sworn according to law deposes and says that she is the attorney for the Plaintiff in the foregoing matter; that she is authorized. to take this affidavit on its behalf; and that the facts contained in the foregoing petition are true and correct to the best of her knowledge, information and belief. Valerie Rosenbluth Park, Esquire further understands that false statements made herein are subject to the penalties of 18 Pa.C.S., Section 4~; relating to unsworn falsification to authorities. VALERIE ROBENBLUTH PARK, ESQUIRE ,j'- - ~"-;~ BHERIFF'S RETURN - NOT FOUND CASE NO: 2000-06034 t COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND , ; PROVIDIAN NATIONAL BANK VS LAMASON JUSTIN L R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT LAMASON JUSTIN L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , LAMASON JUSTIN L DEFENDANT COULD NOT BE BERVED PRIOR TO EXPIRATION DATE. Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 18.00 10.54 5.00 10.00 .00 43.54 ~~ ~ R. Thomas Kline. . Sheriff of Cumberland County PARK LAW ASSOCIATES 09/29/2000 Sworn and subscribed to before me this day of A.D. Prothonotary EXHIBIT _p/I -:. ~ =~ .,~, VALERIE ROBENBLUTH PARK, EBQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. Btate Btreet Doylestown, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF PROVIDIAN NATIONAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff VS. JUSTIN L. LAMASON Defendant NO. 00-6034 CERTIFICATION OF INVESTIGATION Valerie Rosenbluth Park, Esquire, being duly sworn according to law deposes and says that as counsel for the Plaintiff, made the following efforts to locate the within named Defendant. a) A check of the local telephone directory shows that JUSTIN L. LAMASON has a telephone number listing at the address of 315 MARKET BT., APT 4, LEMOYNE, PA 17043. b) A letter addressed to the Defendant with the notation typed thereon, "Address Correction Requested, Do Not Forward II was not returned by the Post Office. c) A letter addressed to the Office of Voter's Registration shows JUSTIN L. LAMASON is not a registered voter. The Office's response is attached hereto, made a part hereof and marked as Exhibit "A". d) A letter adqressed to the Office of the, Board of Assesment shows JUSTIN L. LAMASON is not the owner of the property at 315 MARKET STREET, APT 4, LEMOYNE, PA 17043. The Office's response is attached hereto, made a part hereof and marked as Exhibit "B". :il~"'" ~" ~~ ~;f,- e) A letter addressed to the Postmaster shows that mail addressed to' JUSTIN L. LAMABON at 315 MARKET STREET, APT 4, LEMOYNE, PA 17043 is delivered. The Postmaster's response is attached hereto, made a part hereof and marked as Exhibit "C". Valerie Rosenbluth Park, Esquire further understands that false statements made herein are subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification to authorities. /~' PARK LAW ASSOCIATES, P. Cv /' BY: VALERIE ROSENBLUTH PARK, ATTORNEY FOR PLAINTIFF ESQUIRE ,"~ I .- ..,~. IiiII - ""1"",," OARKLAW ASSOCIATEO. A PROFESSIONAL CORPORATION 25 EAST STATE STREET, SUITE 101 P.O. BOX 1779 DOYLESTOWN, PENNSYLVANIA 18901 VALERIE ROSENBLUTH PARK. ROBERT E. ANGST. TELEPHONE (215) 348-5200 FACSIMILE (215) 348-4015 "ALSO MEMBER NJ BAR +ALSOMEMBERFLBAR January 17, 2001 Voters Registration Office Cumberland county Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 RE: JUBTIN L LAMASON 315 MARKET ST APT 4 LEMOYNE, PA 17043-1631 OUR FILE NO: 17387-1 c-:> c: <;3 ~, SZ ~ CO <-- c:"\ ;0 :a..: - - , N .~ N 0 n 1] 0 c:: - .. z CJ1 ~ -< --' Dear Sir/Madam: I would appreciate your checking the Voters Registration in order to determine whether the above-referenced person is registered to vote in Cumberland County. I would also appreciate your advising me of the address for which he/she is registered to vote. For your convenience, kindly note the bottom of this letter and return the same in the enclosed self-addressed stamped envelope. Very truly yours, PARK LAW ASBOCIATES, P.C. BY: Teresa M. Schupp Legal Assistant Name of Person: JUSTIN L LAMABON Current AddreSs: Date of Registration: Date of Birth: Previous Registration Address: ~ a.6oLJ<- ncQ/-,t;, /l9..d.. GuY) Ix.L-L~)d G. I?/J--, EXHIBIT A Enclosure 00 /) of LL --u2 'j~-L5>--eC ;If- 6o(,Y /- ~ :( -- ;< eX) / 0oth_f'.,o'-'1--- Ccooc.cL'r,o- Ou U I u~ oJ) iJtjw~-"-'~'I'lr"'- , , "'~c..~J='. _l'l!.~jijt''''';''~ "~~~~~~ _ d"",~ r"';U;;;' lliMIi!~~ '"" 0"" I" __: _ ~ 4 "",< . l"'\ ~ J4,AI If ,f! 6' <DO, ~ 'n, " ",'.'..... .' , -~ - . . ARK LAW ASSOCIAtEsd A PROFESSIONAL CORPORATION OCT 1 9 200/) 25 EAST STATE STREET, SUITE 101 P.O. BOX 1779 DOYlESTOWN, PENNSYLVANIA 1890 I VALERIE ROSENBLUTH PARK' ROBERT E. ANGST' TELEPHONE (215) 348-5200 FACSIMILE (215) 348-4015 .~OMEMBERNIBAR +,u,so MEMBER FL BAR October 9, 2000 Office of the Tax Assessor of Cumberland County Cumberland County Courthouse I Courthouse Square Carlisle, P A 17013-3387 RE: JUSTIN L LAMASON Dear Sir/Madam: I would appreciate your providing me with the identity of the owner of the real estate listed at the following address: 315 MARKET ST APT 4 LEMOYNE, PA 17043-1631 Please note the name and address of the owner below and return this letter to me in the enclosed self- addressed stamped envelope. Thank you for your cooperation. Very truly yours, PA~ W ASSOCIATF1l, P.C. BY: Jw~ Lisa Scott ---=:::;-':::., '~ - ~""\ ,n'i:\,rl \~~\\ \\ tei II" "," .1..' ..'.' ~ U ..... -'., ,\ \ ~U\~) Enclosure "",,", """,=, '" MARKm 'T ~',LE. MOYNE, PA 17043-1631, N_ffio- :g ~ Address of Owner: ' Deed Book and Page No.: l, I P ~~ EXHIBIT 6 " ~ "~ ~ QARK LAW ASSOCIAtE" . A PROFESSIONAL CORPORATION 25 EAST STATE STREET, SUITE 101 P.O. BOX 1779 DOYLESTOWN, PENNSYLVANIA 18901 V ALERlE ROSENBLUTH PARK' ROBERT E. ANGST' TELEPHONE (215) 348,5200 FACSIMILE (215)348-4015 '"ALSO MEMBER Nl BAR +ALSO MEMBER FL BAR Postmaster United States Post Office LEMOYNE,PA 17043-1631 October 9, 2000 OCT 1 '12000 REQUEST FOR CHANGE OF ADDRESS OR BOXlIOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if a boxholder) for the following: Our file #: 17387 NAME: ADDRESS: JUSTIN L LAMASON 315 MARKET ST APT 4 LEMOYNE, P A 17043-1631 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: Attorney 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney): 3. The names of all known parties to the litigation: PROVIDIAN NATIONAL BANK VS. JUSTIN L LAMASON 4. The Court in which the case has been or will be heard: CUMBERLAND COURT OF COMMON PLEAS 5. The docket or other identifying number if one has been issued: 00-6034 6. The capacity in which this individual is to be served: Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOWER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECrION WITH ACTUAL OR PROSPECTIVE LmGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS. (TITLE 18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal proce s' connection with actual or prospective litigation. 25 East State Street Doylestown, P A 18901 FOR POST OFFICE USE ONLY No change of address order on file. NEW ADDRESS OR BOXIIOLDER'S - REGISTERED ADDRESS _Not known at address given _Moved, left no forwarding address. _No such address EXHIBIT ~ , 1 - ~',,' -,~ t""J '~~'-'.".~ VALERIE ROSENBLUTH PARK, EBQUIRE Attorney I.D. #72094 PARK LAW ABSOCIATES, P.C. 25 East State Btreet P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA PROVIDIAN NATIONAL BANK Plaintiff VB. JUSTIN L LAMABON Defendant NO. 00-6034 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTRY: Please reinstate the enclosed Civil Action. Respectfully submitted: PARK LAW ASSOCIATES, P.C. BY: VAL THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. _._=~~~!.,. ~'~d1fii!i1NI<~ll!;!~~~~;M.\!~_(,~_; '\lnli~~ 'f..I' '. ',-'- -, ,:"- {~'" ,:' ,~ ,,,,",, ~ '~',~ ,,-~. -- c . "~,"",,,, , ~, _. ~ -~'~"'" 0 0 C) ~ ~ (1 .." -0 ITi ;'1 rnrY, .;::::} , _M_ z:::: N " :'Cl -? ,- C.J ~ (j) ~?:: GJ I -</,' :-'~;,(J S:-;C:I ....CJ , -H :J>C' -", ~~J (') -7.J ~L) r:? ;:,':)Pl ):;.'C ~ Z w =< -'''' c::> -< ~,; "-'~ .,"-, ,,-,-- ~ I ..;J:,~, '. " - ~.>t ....~ , - VALERIE ROSENBLUTH PARK, ESQUIRE PARK LAW ASSOCIATES, P.C. ATTORNEY I.D. #72094 25 E. State Btreet P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PROVIDIAN NATIONAL BANK Plaintiff VS. JUSTIN L LAMAS ON Defendant NO. 00-6034 VERIFICATION OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS, Valerie Rosenbluth Park, Esquire, being duly sworn according to law deposes and says that she did serve the Defendant JUBTIN L LAMASON , at last known address located at 315 MARKET ST APT 4,LEMOYNE, PA 17043-1631, by United States Certified Mail, Return Receipt Requested, Postage Paid, and First Class Mail with a true and correct copy of the Complaint which was filed in the Court of Common Pleas in the above captioned matter and with the appropriate Notice to Plead as set forth in Pennsylvania Rules of civil Procedure. Bervice by mail was accomplished on 03/08/2001 in accordance with Pennsylvania Rule of Civil Procedure and the prior Order of this Court allowing for alternate service. Proof of service by Certified Mail is attached hereto, made a part hereof, and marked Exhibit "A". Proof of service by First Class United Btates Mail, Postage Paid is a Certificate of Mailing attached hereto, made a part hereof, and marked Exhibit liB II . Valerie Rosenbluth Park, Esquire further understands that false statements made herein are subject to the penalties of 18 PA C.S.4904 relating to unsworn falsification to authorities. :~ ~CIAT/ VAL RIE RoSENSLUTH PARK, EBQUIRE ATTORNEY FOR PLAINTIFF - c - c- ;"0-' --.~ <" ' C',',_ -k-"~-_"'~"l~':,,-,-< ',;.-, ~ . ~ M <0 ..11 c:J Postage $ M ..11 Certified Fee m M Retum ReoeIpt Fee (Endorsement Required) ru c:J RestrIcted Delivery Fee c:J (Endorsement Required) 1'ota1 Postage & Fees $ EXHIBIT =_.~_'.'C" " _~-UO'''L" , '~',,---"~;,81"~t~'<\1;;;':,h.-,;j,':- ~k_" "._",~;"", A II;..' -,-"-~ I I ...' ! _.~.",\ ~:"",-""~._,,, ~I . i~}~#j~ ~ .l.NM...;;iifo:;-::":I':t=2,..._.t:....-.:..:f!':.;:;ii!~ .. "":'!Ii ._~".._...~~lj;"".'" " i:;~:~.~~7=.~~.I~~:~ III ..~~~.r,; ~.:.ft;:n$2 0- . 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". 2fT! :::0 F"} ~. zt~ n (j) )'> cD :' ~~5 :))-, l:,'": ::~:*';r~ ~o :1" ;,"-;~ :'^D )>0 v-' ;~~M c ,~ z U'l j;! =< 1'-> :0 -< ~u ,:;; ,~~"~,-,~~~."'"'" ~. ~ '1~1 r~" VALERIE ROSENBLUTH PARK, EBQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Btreet Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF PROVIDIAN NATIONAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff VS. JUSTIN L. LAMASON Defendant NO. 00-6034 SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: Kindly note that it has been suggested that the Defendant in the above-captioned matter has filed a Petition of Bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania filed on 2/27/01, docket #01-00945RJN. PARK LAW ASSOCIATEB, P.C. l/ BY: VALERIE ROSENBLUTH PARK ATTORNEY FOR PLAINTIFF ~".,~. ~~!i\lf!l(;!!Th!I~~~'liii;t-iM*"'-~itii!l;-~~~~~~!;-~!i "~ilill!lil_~""""~' ir. ,-~ ,~,~ ,~~" ~ " -[IV'. ,W~ - ~ 0 c') - C " <: ~ ""1J V 52~; :;;:J :~ , ze-- I ~:~~. 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