Loading...
HomeMy WebLinkAbout00-06167 ~ " .. ,- " --'~"~;' " . "~~-,>,:,2; . -~_ ,,- ,'. ",_' ':'-V---,' ....1 ., . 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. BARBARA J RAND Defendant NO.OC> - '-/~7 (?,u~L ~~ NOTI CE 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 (717) 240-6200 (800)990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ',-;.~:~".,~> -,-_...;;.,:.>_._-----".,~-;.., ..-~,<- ",.,,-,.', .,'''.-;..,.-.: .Le". ~" '"..~~~~io:;;;:; . 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#:4428471755929279 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS BARBARA J RAND 160 E NORTH ST CARLISLE, PA 17013-2430 DEFENDANT /, "-. I NO. tJ1J-~/t, 7 ~ ~ 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, BARBARA J RAND, has a mailing address at 160 E NORTH ST, CARLISLE, PA 17013-2430. 3. The Defendant is indebted to Plaintiff on the credit account by virtue of charges or cash advances incurred by the Defendant or authorized by the Defendant on a credit card or line of credit .. -,' .1-" ."C" ;",c,;,.',';I.. "A '," ,"," ,-.,." d';;~\'\':~ 0; owned by the Plaintiff bearing account number 4428471755929279. 4. The Defendant requested an account, account number 4428471755929279, which is owned by the Plaintiff, and an Account Agreement was sent to the Defendant. A copy of the Agreement is attached hereto as Exhibit "An and made a part hereof. 5. The Defendant has failed to pay the amount owed in accordance with the Account Agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $1,910.41 as of 07/17/2000, plus pre-judgment contractual interest at the rate of 18.90% 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 $324.77. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $1,910.41, plus pre-judgment interest at the contractual rate of 18.90% per annum from 07/17/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $324.77, 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. ... , ~ ,,-',," c'_-:.. _ ~ -," >.l' ~ ;'" -,: " '--", .,-, c._. ';"-;_'~__O'-; jial 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 12. It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $1,910.41, plus pre-judgment interest at the contractual rate of 18.90% per annum from 07/17/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $324.77, 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. . . .~, " '. ',__.J" '- "--~. "-'~"',,,"' ,- '--, "' , "- I, VERIFICATION HEATHER KOOREMAN , declare that as of July 3, 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 tate of California. Designated Agent "~==.~" ", '_~ _~" ,",iiir~ I~ " <C, '> w. ~ , . ...i",,~'" '.' d 'Iii,!;;i :~~ i'7 PROVIDIAN Financial ~~~~~~~~Q~~~~~~~,~~ Providian Nalional Bank VISA@ or MastG~HI BIT May 5. 2000 I;A ;l- Plea~e review this document and keep it with your other important.papers. This Account Agreement conta,ins the terms whi~~ govern your Providian National Bank VISA or MasterCard Account (the Accounr)., The Account allows you to make purchases by uSing your VISA or MaslerCard card (Ihe Card") wherever IllS honored and to gel cash advances from us or any olher participaling financIal mstltutlon and from Automated Teller Machines, Convenience checks may also be provided to you as an additional way to use the Account. 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 Provid!an National Bank or its as~ignees, as listed on your billing statement. The Account may be used only for personal, family, household, and chantable purposes, and not for any business or commercIal purpose, Arrj use of this Account shall constitute acceptance of the tenTls 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 statement by the payment due date in accordance with payment instructions on your monthly statement. The bac:k of your statements shows the rules we f~lIow when we ~t 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 arij Qther a.ccount you have WIth us Of OUT affihat~. !he payment due win be; 2% of ~e new balance shown on your statement plus the amount of any past due payment, ana n~ay include the amount by which the new,balance exceeds your~redlt line. However, the payf!le,nt due will not be. less t~an $15. (~nless your new balance .is les,s than $15, in which case the p8ym1ent due will be the amount of the .nE'l! balance). If your ~ccount 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 payrrlent is more than th.e payment d~e"lt Will ~e treate~ as a sl~gle payment and none of It will be appll~ 10 future payments due. We may accept late or partial payments, or payments marked ~paid in 'full- or marked With other restnctions, WIthout lOSing our nght 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 orle of your daily balances and continue until that ~alance IS reduced by a paymeryt or ~redit. 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 certam optional seMces; 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 tlansfer lor you; an<! the CasII Mlance Balance wllich consists of allot,,", cash a<liane.. and cash alliance tlansac\ion fees. Any payment amount we receive that exceeds the finance charses and fees then due will ordinarily be applied first to the Balance with the lowest Annual Percentage Rate (APR) until that Balam'~ is zero and then to Ihe Balance with the nexllowest APR, unllllhal Balance is zero. and then to err; remaining Balance. We reserve Ihe right to apply payments differenlly wilhout 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 mads. Custom cash acNances are included in your Custom Cash Advance Balance as follows: funds electronically transmitted to other lenders to transfer balances, as of the dale t",nsmilled; checks to transfer balances. as of the date presented to us. Olher cash advances are included in your Cash Advance Balance as follows, cash a<liances 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 fe,) 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 to your Purchase, Custom Cash Advance, and Cash Advance Balances each day and are then posted on the I,ast day of the billing cycle. There is no grace period for custom cash advances or other cash advances. To figure the daily finallce' 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 ~Imount by the applicable daily perioqic 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 balancel for any day as zero. We delermine 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 Ihe 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 'llultiply 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 lhe highest prime rate published in the Wall Street Journal on the first business day of the previous calendar month. Any ir.'.crease or decrease in the Annual Percentage Rate will take effect on the first day of your billing cycle and may result in a slight increase or decrease In the amount of your minimum payment The ANNUAL PERCENTAGE RATE lAPR) lor purchases will vary and may be adjusted each billing cycle up 10 13.4% ~ve Prime Rate, bul will in no event be less than 21.9%, Using this formula, the APR for purchases in the May 2000 billing cycle is 22.4%, corresponding to a daily pericxtic rate of 0.06137%. The ANNUAL PERCENTAGE RATE for cash a<liances is 21.9%. corresponding to a daily pariodic rale of 0,06000%. lfwe receive your Account pB:ymen~ la~e 2 or more limes in any ~.month period since October 1, 1999, on each such occurrence we may in~rease the APR for purchas~ up to a ~axi"!u"} of 23.3% (corresponding to a dally periodiC rate of 0.06384%), and mcrease the APR for cash advances and custom cash advances up to maximum of 23.9% (corresponding to a dal~P periodIC rate of 0.06548%). 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 SeNice department and, at your request, we will review your Account for a possible APR reduction. . If at this time the APRs in your Accoun! have already increased because you did not ~eet the existing term~ of y?ur Account Agreement, your existing APR~ will conti~ue to apply. If you meet all terms of thi~ Agreemel1t for 3 ~onsecullve mo~ths and .you contact our Customer SeMce. department, we will. revl~ your Account for, a p~sible APR reduction, Startmg July 2000, however, the APRs deSCribed in the pre,cedlng paragraph Will apply, If your Account payments are receIved late 2 or more times In any 6-monlh pened since October 1, 1999. Grace Period for Purcha~ Balance. New purchases posted to your Account in billing cycles with no previous balance, or when the previous balance ~as fully paid during the cycle, do not begin to incur a finance charge untillhe start of the nexl 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 dale shown on your statement New purchases posted in any other billing cycle Incur a finance charge, and there IS no paned In whICh such purchases may be repaid without lncurnng a finance charge. Fees. We may charge your Account $0 for: each Card you ask us to replace; each returned payment; each check you Wfitf:! on ~our Account that we return unpaid; eS.ch stop pay,ment order ~r renewal of such an order. each billing cycle within ,~hich your Account is delinquent (late charge); and eath billing cycle w!thm whIch your balance ex~cls your crecfrt Ime (overhmll fee), even If your Account is closed. If you request copies ofbllhng statements that. were first sent to you more than three, months earlier, we may charge a handlmg fee of $f fore,ach such CDP\I, If you request that we make a one-time automatic payment from your personal checking account, we may chalQe your credit card account a fee of $4,95 for each request ThIS fee IS a FINANCE! CHARGE, and it will apply regardless of whether funds are available in your personal checking account to make the payment We may charge a transaction fee of 3% (minimum $5), which is a one-time FINANCE CHARGE, on the amount of each cash advance, including cash from financial institutions, and A TMs, wire transfers, money orders, lottery tickets, casino gaming chips, and similar transactions. Default You will be in default: if any information you provided us prov~~ to.be incomplete or untrue; ify,ou do n~t co~ply with ~y part of this Agreement; upon your death! ba.nkruptcy, or . insolvency; if you do nol pay olher debts when due; if a bankruplcy peUtlon IS filed by or against you; or If we believe In good fanh thai you may not payor perform your obllgalions under thIS Agreement If you are in default we may without further demand or notice cancel your credit prIVileges, declare your Account balance Immediately due and payable, and use any rElmedy we ~ay have, In the event of your default, the o~tstanding balance on your Account shall continue to accrue interest at the APR(s) disclosed in the FInance Charges section of this Agreement, even if we have filed suit to collect the amount you owe. Credit Line. Your credit line is specified from time to time in a separate notice, Xour monthly statem~nts show )',?ur credit line an~ the amount of your availai:!le .credit. We may increase or decrease your credit line based on information we obtained from you or your credit records. Your available Credit I~ normally .the difference t:>etween your credit line and y~r Account balanc~ (including transactions made or authorized but not yet posted). If you send us a large payment check, we may limit YOl!r aval1~ble credit while we confirm lhat the che~K Win 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 credl!. Promise to Pay. You promise to pay us when due all amounts borrowed when you or someone else use your Account (even if the amount charged exc~ your 'perrnis~ion), all other transactions and charges to your Account, and collection costs we incur including, but nollimited to, reasonable attorney's fees and court costs, (If you Win the SUit, we Will pay your reasonable attorney's fees and callrt costs.) . Changes. After we provide you any notice required by law, we may change any part of this Agreement an~ add or remove requirements. If a .change is made to the Fi~ance ~h81~es section of this Agreement the neW finance charge calculation will apply to your entire Account balance from the effectIVe date of the change. Changes Will apply to balances that Include Items casted to llQYL Account before'the date of the chance, and will apply whether or not you continue to use the Account. .. . Foreign Exchan e/Currency Conversion. If you use your Card for transactions in a curr~nq' other than U:S, dollars, the transactions will be convert~ to U.S. dollars, ~enerally usmg elt~er a (I) govemment-man9ated rate or (ii) wholesale market rate In effect the day before the transaction IS processed, Increased by three percent (3%). If a credit IS subsequently gIVen for ,:\ transactlol~t 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 e converted amount in U.S. dollars. (Continued on reverse) (5846-0698) 4428024501197533 1532 004 Z561 :_~-~ . - .""~. '~H.'~"'."",,;' . F.relgn exchange/CUrrency C....rel.n. If you use your Card for transactions in a currency clher tllan U.S. dollars, Ihe transactions will be converted to U S dollars Il""ersl~ using eilhar a (i) g~ment-mandaled rste cr (ill wholesate markel rate in effect the day befcre Ihe transaclion " proceosed, inClllllSed by Ihree percent (3%). If. ClOd. is sutisOquently'glVlln for Iltrans.cticn it wlil be decreased by Ihe same percentege. The currency convers~n rate used on Ihe conversion date may differ tram Ihe rate in effect OIllhe clate you used ycur C.rd. V ou agIO" 10 .ccept ,he converted amount In u.s. dollars. The Card; ClIncellallon. Vcu may cancel your credit privileges at any time by notifying us in writing and des~ing Ihe Card(s). Upon Ihe Card expirstion at Ihe and of Ihe monlh .hown on it we reserve Ihe nghl not 10 renew Ihe Card. We may can~ lhe Card and your credit plMlegee at.any Iimeafter 30 clays notice to you, or without nclice 0 permitted by faw. If your Card; is canceiled not renewed, linance challles and olher feee wlil continue 10 be a.sessed, payments wiil continue to be due, and ail olher applicable provisions of this Agreement will remain in efflJct If you or lermlnate your credit privilegee, or If we cancal or do nol renew tlla Card, you may no longer write chocks on your _, and you sI\ouId destroy any unused checks we have isnuOct to you. Personal Information; D.cume.nts. Vou willl""vide ~. at least 10 clays n~tice 0 you change yo~r name, home or m.i1ing address, lelephone numbars, employmenl or incom~. Upon 0:' request, you wlil provide us adc!llonal finanoia/lnformation. We reserve Ihe nght 10 oblam Information from OlhelS, including credit reporting agencies and 10 provide your addresS and information about your Account ~ ol~ers. We m~ also share informati~n ~our affirratu" However vou mav writ!! to us at anv ti!De instruclino us not 10 share credit Information with our afliImu. If you do not fulfiil your obligetions under IhIS Agroomen~ a negative c I report tl1e1 may refteel on your credit may be submilled to lha credit reporting agenoiee. Customer Servtce; Unauth.med Usa, Loss, .r Theft.f Checks.r the Card. Eeeh Card mU'1 be .igned .n receipt Vou are reepenslbla for s.feguarding Ihe C.rd your Pe""nalldsntificaliOll Number ('PIN'. which provides access 10 Aut.maled Teller Machin..) and any checks ~sued to y.u from theft, and keeping your PIN separate from your Card. Ifyou'discover or .u.pect that your Card, PIN, or ~ny unused chs~ .~re IosI or.stolen, or that thare may be an unauthoriz.ed lransactton on yoU! ~unt, you willl?"'mpt~ notifY ~ by calfing l-1OIJ.93:J.7221. Sio we can Immediately .clto IImlllo.... and liability. you WlII phone US even Ihough you may also nollfY us In wnting. Vour liability for unauthorized use occumng bafore you notifY u. ~ limited to $50 If you report orwe suspect unauthorized use o(your Accounl, wemay 'uspend your credil privil'!9es until we resolve Ihe problem to our satisfaction or issue you a new Card. If your Ca~d is last ~r .Iolen, you will promptly deetroy ail checks In your pos.esSlon. T. Improve customer service and seeunly. you agree Ihat your caI~ may be monitored or recorded. Merchant RelaU.... We will not be liable if any person or Autometed Teller Maehine refuses 10 honor Ihe Card or accept your cheeks, or fails 10 return Ihe Card to you. We have no responsibility for goods and services ~ with the Card or checks exceplaslellUired by law. {See Special Rule below.} Certain _ \hat aro available wilh the AccounI are provided by third-party vendors. We are not responsible for lha quatity, evailabi61y, or results .t any ., the services you choose to use. Stop Payment Orders. If you wish 10 .top payment on a check, yoU may .end us a stop paymenl.ider by writing 10 us at our address for customerseNica listed on yourstatement Vou can maJ<e a stop payment'ordei oraJ~ by calfing the number li.led on your statement. When. you make a slop paymenl order, you musl previ<le your Account number and specific infonnation about the check: Ihe exact amount. Ihe dlIte .nlhe Check, Ihe name of the party to wh.m iI wes payable, Ihe name of the person who signed ii, and Ihe check number. Vou will be asked 10 confirm an oral slop payment order in writil'!g. We mav disreaard vour oral order- if we do not receive a s~ned written confirmation within two weeks after the ond order or if we haVe not received an a~ate descriptien of the ilem so Ihal payment can be slopped, The orderw~ not be effeclive if e chee.k.was paid by u. before we had. reason.ble cpportunl~ to act on Ihearder. We may. wllhout liabillly, di'regaid a wriUen slop payment Older SIX monlhs elter recelpl unless II " renewed ,n wnting. Standard of C.... Because Ihi' Accounl involves bolh credil card and cheek transaction. which are processed Ihrough sepsrate national systems bafore Ihe transacl~ns are conlloliclaled by us and because nol avary check and Card slip will be sent to us, transactions in your Accounl wiil be processed machanicelly without our necessan~ reviewing fNOry item. Our prDCOllSing system will call our attention to certain ilems which we w~1 examine. We will examine all transactions whan you report tllal your Card or checks have been lest or .toIen. We do not intend ordJnari~ to examine all oem., and we will not be negligent if we do nol do so. This IIlle estabrlShes the .tandard of ordJnary care whieh Wa in good faith will exen:ise in administering.your Accciunt. Elecau.e of our limiled review, and because neitllar your cancelled checks nor Card transaction slips will beretlJmed I. you wilh Ihe monlh~ statemen~ you .houldbe carefui.to enler all checks in your check register or-otherwise keep a record of them. You should also save your credit card cash aOiance and purchase srlpS. You scree IQ chsck VQur manthlv statements aaainst 1JQur record and to MoliN I.Jg immediatelY of am unauthcrized transactions or errors Walver.f Certain I!Ights. We may delay or welve enforoement.f any provis~n of Ihis Agreement wilhout losing our righllo enforce II or any other provision later, Vou waive: I~" righllo presenlmenl, demand, prolest, or notice of dishon.r, any applicable .tetute of limitet~n.; and any righl you may have 10 require us to pIOCOOd agatnsl anyone before we file .uil.glon.1 you. APPI..I cable Law; S.....blllly; Assignment. No matter where you live, Ihls.. Agreement. and.your Accounl are governed by lederallaw and by New Hampshire law. This Agreement ~ a final elCpress~n of Ihe egreemenl between you and us and may not be ,contradlcled by evidenc, otany alleQed otaI agreement If sny provision of Ihis Agreement ~ held to be invalid or unenforceable. you and wewill consider lhalprovi.ion medified I. conforIl!loappliceblelaw, and Ihe reslofthe proVisIOns in Ihe Agreemenl will still be ..forceoble. At any tima after we determinE! in good failh tllat eny proposed or enacled.legislation, regulalory aclion; or judicial'decision has rendered or may render any malarial prov~ions .fth~ Agreement invalid or unenforceable, .r iml,",e any increased lax, reporting requireltlen~ .r other burden in connecl~n wHh any .uch provision or its enforcemen~ we may, after at Jeasl30 daYs nclice to you, orwithoul notice if pemllted by law, cancel the C.rd .nd your Credil privilege.. We may lraqsfer or assign our righlto all or .ome .fyour payments. if slale lew requires lhal you receive notice of such an evenllo prollacl the pllrchaser or assignee, we may give you .uch nollce by fiiing . financingt.tatament wilh the .tete's Secretery of Slate. . N.Uce.. Olher notices I. you ,hall be effecllve when deposHed in Ihe mailacidtessed to You allhe address shown en our reeords, unless a longer nollce period is .peeified in Ih~ Agreemenl.r by law, which period .l1eilstart upon mailing. Nolice to us .haUbe mailed 10 our addres. for cuslomer service on yours\ilement (oroill... addresses we may specifY) and shall be effacllve when we receive it. VOUR BILUNG RIGHTS _ KEl:P THIS NOTICE FDR FUTURE USE. This nolice contai..,jmportant Inform alien aboul your rights and our respen.ibillllee under Ihe Fsir Credil Billing Act N.tIfy Us In Case of EtroD.r QuestI... Ab.ut Your Bill. If you Ihink your bill Is wrong Or if you need more inform.llon obout any transaction on your bill, wrile us on a separal. sheet, allhe address I~ted in tlla Billing Righls Summ~ry on your bill. WrHe to us a.s soon as possible. '{4e musl hear from you nol~ler !han 60 days after we senl you tlla firsl bill.n which Iha error or probiem appeared. Vou can lelephone U' but doing so Will nol preserve your nghts. In yourle"er, gIVe us Ihe following Information: - Vour name and Account number. - The doll.r amounl of Ihe suspecled error. - Describe Iha error and explain, If you can why you beiieve Ihere i. an error. If you need 100" information, deecnbe the ilem you are nol.ure about. If you have authorized us to pay your credit card bill automalically from your checking account, you can stop tlla paymenl on any amounl you Ihink i. wrong. T. 'Iop Ihe payment, your letler musl reaCh us Ihree business days before Ihe automatic paymenl i. .cheduled to occur. Y.ur Rights and Our Resp.",IbIlIUuAfter We ReCB/ve Y.ur Written N.tIca. We mus! acknowledge yqur letter wilhin30 clays, unles. we have c.~eeled Ihe enor by Ihen.. Wjlhin 90 clays, we musl eilher correct the error crexplain why we believe the bill was correct. After we lllCeIVe your letter, we'cannol.try 10 coIlecf any amount you question, or report you as delinquent. W, can continue 10 bill you for Ihe amounl you question, including finance challles, and we.can ap~~ any unpaid amount agalnSl your credit I.ne. V.U do nol have to pay sny questioned a,oounl while we are investigating, bul you are .iill obtig.led to pay Ihe parts of your biIIlh.1 are nol,n quesllOn. Ifwe find tllat we mad.. mistal<e on your bill, you wiil not have to pay any finence challle relaled lo,any questi.ned amount. If we dictl' make a m~take. you mey h,!"e to pay finunce.charges. and you will have 10 make up Ihe m~.ed payments on Ihe questioned .mount. In eith", case, we w,U .end you . statemenl of Ihe ~~untyou ewe.and Iha clale lhaIl1 . eNe. If y<>u fall to pay the amount we Ihink you ewe, we may report you as delinquent However, If our explanatIOn does nol.atisfY you and you wnle I. us withm 10 days telling us Ihat you .till refuse to pay, we must teil anyone we report you 1.lhat you queetion your bill. And, we mu.1 tell Y'u Ihe name of ~ne we reported you.to. We musl Iell anyone we report you to tllallhe matter has been sellled betwoon lIS when ilfinally is. If we don'l follow these rules, we can' collect Ihe filst $50 of Ihe questioned amoun~. even if your bill wee correct. Special Rule for Credit Card Purch..... if you have a problem with Ihe quali~ of Ihe property or servicee 1h.1 you porehesad wilh our. credil card andyou have lried in good faith to c;orrecllhe problem wilh Ihe merchanl, you may not have I. pay lha remaining .mount due ~ Ihe goods or .ervices. There are Iwo lunitations on IhIS right (a)y!,u musl he!,". m~ the purtlhase W your home .tate, or If nol within y.ur home .tate. within 100 miles of your currenl mailing addres.; and (b) Ihe purchase pnce musl have been more tllan 160. These IImltallOns do nolllpply we own or operate Ihe merchanl, or if wa mailed you Ihe advertisemenl for Ihe properly or SOJVlces. i.'itt..;J...o "='~Mi["-' ' ~ -~"'"'-.illf: 1i:U.'Wlllii( ,,,,-"-. N"Q~{,kj,k.'thi",~"i"'.,Di~';"~~~ -...."-I~I3i"'Jij;,;1t8'1lif.iJ{>jW,-"..lfu"'." ~ ~ ) .;l:: J;: ~h~ ~ 80 ....... - f g ....... ~ f~ ~ ~ ~ ~ ..:t:- w H' ",P.'''" _"~<__"T" '_ ;c_," ">-_""., ~ ~ -". , ., ' ~_w..~~-~ -J ~ -~ ., ~ ,'" (") ~ LJ~: 1-'1[~: ~,~~:'~; en>. e5e.=_ ~,~':: ;:~ ~ -\') ~->;;: '-..) \n Cj C C" rq ~o Co C) :-1 ..'....,.--~~8 ,_} l '-'-~ICl !~. ::~'J :_'~C) ;~~~.~. if? :0 -< "~-- [., ~ -" ~- ~ .!, - ,'", """""=~ - j~ " !I.~,;I SHERIFF'S RETURN - REGULAR CASE NO: 2000-06167 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS RAND BARBARA J DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RAND BARBARA J the DEFENDANT , at 0017:19 HOURS, on the 13th day of September, 2000 at 160 E NORTH ST CARLISLE, PA 17013 by handing to BARBARA RAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So AnSWelP$7.: .....,.--- < '......~........',,~..,.,,-, ~K-~t:~t! R. Thomas Kline 09/14/2000 PARK LAW ASSOCIATES Sworn and Subscribed to before By: J) ~~ - Deputy/S ~ /0 !!,- me this _, day of ~ A.D. a.~ Prothonotar .. ,J ' . -.-, -~~i,\.~, , , .... ... VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 160 E NORTH ST CARLISLE, PA 17013-2430 4428471755929279 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff vs BARBARA J RAND Defendant I NO.00-6167 PRAECIP'E FOR JUDGMENT TO THE PROTHONOTARY: please enter Judgment in favor of the Plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL $1,910.41 $324.77 $90.02 ($0.00) ($0.00) . $2,325.20 PLUS ADDITIONAL COSTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Pro~edure No. 237.1 is attached hereto and marked Exhibit "A". lii VALERIE ROSEN TH PARK,ESQUIRE Attorney for the Plaintiff ~ ':dI~~ ~ , . "'_.._~ ~U~~I " "''''''' - AND NOW, M- ,.;23 , Judgment is entered in favor of the Plaintiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. Is( taA:t: ,e. ~~ PROTHONOTARY //2 { PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. . '" ~~~', ,.~ "- ~. .-= ~- -'~-- -fl~ , , , . VALERIE ROSENBLUTH PARK ATTORNEY !.D. # 72094 PARK LAW ASSOCIATES,P.C. 25 EAST STATE SlREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS ".. . I HEREBY CERTIFY TIlAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN SlREET TILTON, NH 03276 DEF: 160 E NORTII ST CARLISLE, PA 17013-2430 PROVIDIAN NATIONAL BANK Plaintiff VS BARBARA J RAND Defendant NO. 00-6167 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: BARBARA J RAND 160 E NORTII ST CARLISLE, PA 17013-2430 DATE OF NOTICE: 10/4/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR 'PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOllOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 410 FLOOR CARLISLE, PA 17013 (717) 240-6200 :~LA~ V ~ RIB ROSENBLUTH PARK, ESQ. cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. i> ~YHtB'T ~ ~ -">~"'~ill.\i, - VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 160 E NORTH ST CARLISLE, PA 17013-2430 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS BARBARA J RAND NO. 00-6167 Defendant VERIFICATION Of NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS VALERIE ROSENBLUTH PARK, Esquire, being duly sworn according to law, deposes and says that she will make this affidavit on behalf of the within Plaintiff, being authorized to do so, and that she believes and therefore avers, that BARBARA J ~, Defendant is over 21 years of age; that his/her place of residence/business is located at 160 E NORTH ST CARLISLE, PA 17013-2430 and that he/she is employed and that he/she is not in the Military or Naval Service of the United States or its Allies or otherwise within the provisions of the Soldiers and S rs Civil Relief Act of Congress of 1940 and its amendme PARK LAW ASSOCIATES, P BY: Valerie Ro luth Park Attorney for Plaintiff ElO , {':0".' ':.~<J'-.' , ,~-- '~'--' ..- J. ,--". ~--.iLw;""-'__illIrl~~~~~ ~' u Jf . ,- ~"P_. . ",~. - , ,"'.-' , ' -~., -~:~~ ~'",~ -~W"",,'=_ ~ ,~ ~ ~ \ Q ~' ........ ~ \) ~ ~ ~ 'V _'__"'_4_'"_<'~''''__''' ,'_ 7 ,~__," ,,~- ". -~._-, . o ~~ -'ur!-' SE~~\:-: ~~~-~ r::C) ~Ci ~C-LJ >c 2: -' -< n_'' " _ ,.~, -~__'"~' ~ ,0 ~_ C'3 C::.J C:) :~3 \'-.) c_) _~_,= _ 0 " " i',-,::} , , ___;r.) "I', ..:..;.;-C! ':-:-;. CJ (:5;-n ~~ -< "'" r.:? ,:,.:> ,D - . - ~ , , " ! i; I': ! I: :,1 --,.",. , "~ , " ~- ~""~"q'l!li;>::~;': , VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 160 E NORTH ST CARLISLE, PA 17013-2430 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS BARBARA J RAND NO. 00-6167 Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: [X] Judgment by Default [ ] Money Judgment [ ] Judgment in Replevin [ ] Judgment in Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings [ ] Judgment on District Justice Transcripts [ ] Judgment on Judgment Note [ ] Judgment on Writ of Revival [ ] Praecipe to Reassess Damages IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number: (215) 348-5200. PROTHONOTARY: 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. ,,;.-,. ~rn!~~fiIlI~m-_'!J-J;l~~-t:;_iit~-~" '" ~~- ,,--..-.--,,>"'.,-<"",.,... "."-- --1liif,_~IlIllUiiil_l!-~1 '^ , " , '" , ,,' --~ -~.-- ~~~ ~ 0 C') c> ~~~ C:-J c:> -:, ;::'t' '~::"~ r?; ,', ~~ ~;-. N ...:::. r~'. C,j ~~~ (~ () ~~ -"7) )", ;:"~) -,j w_;,'~ CS Z '--) \~} , , ~ [T1 )..'" _'0- ~"._, ..,-:- ...., '> -' ':.lJ ...< \ 0 -< ~~ ~);