HomeMy WebLinkAbout00-06169
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VALERIE ROSENBLUTH PARK, ESQUIRE
Attorney I.D. #72094
PARK LAW ASSOCIATES, P.C.
25 East State Street
P.O. Box 1779
Doylestown, PA 18901
(215) :348-5200
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PROVIDIAN NATIONAL BANK
Plaintiff
VS.
RICHARD E HOERNER
Defendant
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NOTICE
You have been sued in Court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by an
attorney and filing in writing with the Court your defenses or
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.
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VALERIE ROSENBLUTH PARK
ATTORNEY I.D. # 72094
PARK LAW ASSOCIATES, P.C.
25 EAST STATE STREET, P.O. BOX 1779
DOYLESTOWN, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
ACT#:4428001971714542
CUMBERLAND COUNTY COURT OF COMMON PLEAS
PROVIDIAN NATIONAL BANK
295 MAIN STREET
TILTON, NH 03276
PLAINTIFF
VS
RICHARD E HOERNER
6315 LOCUST LN
MECHANICSBURG, PA 17055-7336
DEFENDANT
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NO. IJ1J - " ... ~f Le,vUI
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
consume~ credit accounts in Pennsylvania and is the owner of this
account, which is the subject matter of this action.
2. The Defendant, RICHARD E HOERNER, has a mailing address at
6315 LOCUST LN, MECHANICSBURG, PA 17055-7336.
3. The Defendant is indebted to Plaintiff on the credit account
by virtue of charges or cash advances incurred by the Defendant or
authorized by the Defendant on a credit card or line of credit
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owned by the Plaintiff bearing account number 4428001971714542.
4. The Defendant requested an account, account number
4428001971714542, 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
$4,720.56 as of 07/19/2000, plus pre-judgment contractual interest
at the rate of 23.30% 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 $802.00.
WHEREFORE, Plaintiff demands that judgment be rendered in
favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the
Defendant in the amount of $4,720.56, plus pre-judgment interest
at the contractual rate of 23.30% per annum from 07/19/2000 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $802.00, 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.
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11. By virtue of the circumstances surrounding the request for
funds made, the Defendant knowingly requested the funds at issue
and/or knowingly and voluntarily accepted the benefits bestowed.
12. It would be inequitable for this Court to allow the Defendant
to retain the benefits of the funds or to be unjustly enriched at
the expense of the Plaintiff or allow the Defendant to retain the
value of the funds at issue without repaying the Plaintiff the
value of same.
WHEREFORE, Plaintiff demands that judgment be rendered in
favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the
Defendant in the amount of $4,720.56, plus pre-judgment interest
at the contractual rate of 23.30% per annum from 07/19/2000 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $802.00, less payments made, plus costs and any
other such relief as this Court deems reasonable and just.
PARK LAW ASSOCIATES, P.C.
BY'~.
VALE E ROSENBLUTH PARK, ESQUIRE
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED
THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT
A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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VERIFICATION
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
Designated Agent
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'it; PROVIDIAN'
Financial
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Providian Naliona~n~,V~olilor Maslt:lHI BIT
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Plea;e revie~ 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 Acc~ounl )'. The Account allows you to make purchases by us.'"g your VISA or MasteICard card (the 'Card') wherever it is honored and 10 gel cash advancas from us or any olhe, participating
finanC1a1 mstMan and from Automated T ener ~achlOes. Conv~me~c~ ch~~ks m~y als~ b~ provided t~ xou as ~n additional w:aY to ~se the Acc,ount. In this Agreement, "youK and "your" mean
each person for whom we ~ave opened a credit ca~d Account. We, our, ours, and. us mean Provldlan National Bank or Its assignees, as lISted on your billing statement. The Account may be
used only for personal, family, household, an~ ~hantable 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 10lOt 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 elf the bank the
check IS drawn on) for at least the payment due as shown on your statement by the payment due date in accordance with payment instructions on your monthly statement. The back of your
statements shows the rules we follow when we post payments. Convenience checks and other checks we issue to you may not be used to make payments on your Account or to make payments
on any other a.ccount you have with us or our affiliat~. The payment due will be: 2% of th.e new balance shown on your statement plus the amount af artIJ. past due payment, ana may ir.clude the
amount by which the new balance exceeds your ~dll hne. 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
the amount of the .ne~ balance). If your ~ccount IS past due or abov~ ~e credit li~e, we may require a higher minimum payment, but we.wiIl notify you before doing so. If your payment is more than
~th. payment dua,. rt will be treated as a S1ngla payment and nona of II will be applied to fulura paymants due. We may accepllate or partial payments, or payments marked "paid in full' or marked
With other restnctlons, 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~ Except as described .in the Grace Period for Purcha.se Balance section of this Agr~ent, finance charges begin to accrue on a debit when it is included in one of your daily
balances and continue until that ~alance IS reduced by a payme~t or c.red. It. Yo~r Account has the fOllOWln~ balances: The Purchase ~lance which consists of your existing Purchase Balance
a~ new purthases you make WIth your Card and fees for certain optional seTll1ces; one or more Custo,,!, ash ~dvanr.e Balan~, whIch consists of balances Ihat you transfer to your Account
uSing balance t~nsfer checks and balances that we transfer for you; and ~he C~sh .Advance ~Iance which COnsiSts at all other cash advances and cash advance trans.action fees. Any paymenl
amount we receive th~t exceeds the finance char~es and fees th~n due WIll ordlnanly be appll~ first to the Balance with the lD:West Annual Percentage Rate (APR), until that Balanl:e is zero, and
then ta the Balance With the next lowest APR, until that Balance IS zero, and then to any remaining Balance. We reserve the nght 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
Purchj;lse Balance as of the datl!l 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 t~e ~at~ l~nsmltted; checks to transfer balances, as of the date presented to us. Other cash advances are included in your Cash Advance Balance as follows: casih advanceS
from other finanCial InstitutIons and through Automated Tellers, as of the date made; cash advance checks made payable to you that are identified as cashier's checks and mailed Ii) you at YO'-lr
reque$t, 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 last day of the
billing cycle. There is no grace period for custom cash advances or other cash advances.
To figl,Jre 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 clmount by the
appliccable daily periodiC rate (see following paragraphs). The finance charge for each type of Balance is then added to and included in that day's Balance. We treat a credit balanCl~ for any day as
zero. We determine the total finance charges on balances for the billing cycle by adding together the finance charges for each type of Balance for each day within the billing cycle. In calculating
finance charges, an adjustment will be made for any transaction or payment that would have affected the finance charge calculation in a prior billing cycle had it been posted in that cycle. The
applicl3ble daily periodic rate for such a transaction will be the rate in effect for the current billing cycle rather than the iate 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 llnd 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 Wall Street Journal on the first business day of the previous calendar month. Any increase or
decrease in the Annual Percentage Rate wiR 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 (APRI for purchasea will vary and may be adjusled each billing cycla up to 13.4% ~bove Prima Rate, but will in no event be leas than 21.9%. Usin9lh~
formula, the APR for purchasas in tha May 2000 billing cycle is 22.4%, corresponding to a daily pariodic rate of 0.06137%.
The ANNUAL PERCENTAGE RATE for cash advances is 21.9%, corrasponding 10 a daily periodic rate of 0.06000%.
If we receive your Account p~ment 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 maximum of 23.9% (corresponding to a dail~' 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
SeNica department and, at your request, we will review your JI.ccount for a possibie APR reduction.
If al 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
APR. deacribed in tha preceding paragraph will apply, if you, Account payments are recaived lata 2 or mora timas 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 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 slatement. 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 cl1arge 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 ~r
renewed of such an order; each billing cycle within which your Account is delinquent Oate charge); and each billing cycle w!thin which your balance ex~ your credit line (overlimit fee), even If
your Account is closed. If you r~uest 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 CO~(. If you request
that w@ 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 FINANC,... 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 yo~ provided us prov~ to.be incomplete Of untrue; ify.ou do nl?t co~ply 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 agamst.Y.ou; or ifwebelleve In good faith that you may not pay or perform)lOUT obIlgatlOOS ~\nder 1hlS
Agreement. If you are in default we may, without further demand or notice, cancel your credit prlVlleg~, declare your Accoun.t balanc~ Immediately due and payabl~, and ~e any remedy we "lay
have. In the event of your default, the outstanding balance on your Account shall continue to accrue Interest at the APR(s) disclosed In the 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. Your monthly statements show your credit line and the amount of your available Credit. We may inl::rease or
decrease your credit line based on information we obtained from you or your credit records. Your available cred!t i~ normally .the differe.nce ~etween your credit line and yo~r Account balanc~
(including transactions made or authorized but not yet posted). If you send us a large payment check, we may limit you.r aval~ble Credit while we confirm thai the che~k will cl~r. IFor 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 al~ amounts bor:row~ whe~ you or so~e~ne else use your Account (even if the amount charged exce~ yourpermis~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 nonce required by law, we may change 8Ili part of this Agreement and add or remO'Je requirements. If a ~nge is made to the Fl~ance ~har,ges section of
this Agreement, the 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 ~
Account before the date of the chance, 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 w!U be convert~ to U.S. dollars, general~ uSing elt~er ~ (I)
government-mandated rate or (ii) wholesale market rate In effect the day before the transaction. IS processed, .Increased by thre~ percent (3Yo). If a credit lS subsequently gl\len fur ~ transactlOO, 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 lhe
converted amounl in U.S. dollars.
(Continued on ,evelSe) (5846-0698)
4428024501197533
1532
004 2561
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Foreign ExcbangeJCurroncy Co...rslon. If you u.e your Card for transaction. in a currency olller1h8n U.S. doIlIlIs, the transactions will be converted to U S dolla.. general~1 using eilher a 10
g~ment-mandated rate or (ii) wholesale marl<el rate in effect the day before the llansaction "pIOCessad, increased by three percent (3'11). If s orecIilla .libS.;q..nlly'glVlln fo, a transachon 't
will be decreased by the same percentage. The cu"ency conve..1OI1 rate used on the conve..ion date may differ ffom the rate in sffect on the date you used your Card. Vou O9r", to acc-t Ih~
converted amounl,n U.S. dalla... _,
The Card; Cancelladon. Vou may cancel your credil privileoes at any lime by !"tiiying us in wrih~ and destroying the Card(.). Upon th. Card ""Piralion althe and of the month 'hown on il we
res.lVethe nght nol to ranew the Card. We may cancellhe r:ard and your CIed~ pnvileges alany time affer 30 days nollC8to yo~,. or wili1O!" notice if pennitted by law. if your Carcl i. cancell.d or
nol ren_d, finance cha'llllS and other fees will continue to be ......ed, payments wm <:antmus to be due, and all other appI\COllI8 pIIII/lSlOI\I of \his AgIOem.nlwill remain in .fIo\cllf ou
temllnate your credd privil'!les, Dr if we cancel orela not '.new the Card, you may no tonger wrile checi<s on your Account, and you .holdd destroy any unused checks we have i..ued ~ you.
P.rsonallnformatlon; Documents.. Vou will provide us elleast 10 days notice if you ~hange y"'!r neme, heme or mailing addr..., telephone numbers. employm.nt or incom~. Upon o::l
requesl, you Will provide us additional financial,nfo!",al,on. .We resOlVe the nghllo abta,n Informetion from oth.... including ~redll ~rting agencies, and to provide your addresS 'ind Inlonnalion
about your Account ~ ol~ers. We m~ also share Informatl~n wt:nour affifiat~.... However you mav write to us at s~~e rnstructlna us not to share credit lnfonnatlon wilh our a~ If you
do nol fuJlill your obhgationll under thIS Agreement, a negatIVe cr I report that may r.flect on your orecIit may be su ~ted to the orecIit roporting agencies.
Custom.r Service.: Unlutltorlzed Use. Los., or Theft of Checkl or the Card. Each Card muslbe signed on receipt Vou are responsible for .afeguarding the Card your Personalldantification
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 .u.pect that
your Card, PIN, or any unused checi<s are Iosl or stol.n, or that Ihere may be an unauthorized transection on you, Accounl, you Will promptly notify us by calling 1-801J.833.7221. lio we can
'mmediately aclto limit losses and liability, you Will phone us even though you may al.o notify us in writing. Vou, iiability for unauthorized uSe occurring b.fore you nohfy u. Ie limited to $50 If you
report or we .uspect ul1luthorized u.e of your Accounl, we may suspend your credil privilOS" unli we resolve the ploolem to our .atisfaction or issue you a new Card. If your COld 10 lo.t ~r
.tolan, you will pt<lmptly deslro'i all checks in your po.....ion. To improve <UStomer seIVice and security, you O9reelhat your calls may be monitored or recorded.
Men:hant Relatlons. We will not be liable if any plllSon or Automaled Teller Machina refu.es to hono, Ill. Card or accepl your check., Of fails to relum the Card to you. We have no responsibiiity
for goods and .00000es purchesed wilh the Card or checks ""coplas required by law. ISee Special Rute below.) Certain benefits that are availabl. with the Account are prClVided b'J third-party
vendo... We are not respon.ible lor the quality, availability, or results of any ofth. services you choose to us..
Stop Payment Drde... If you wlah to .Iop paymenl on a check, you may .end us a slop payment otder by wriling 10 u. 01 our address for CUltomer .ervice listed on your .letement. Vou can
mal<e a stop payment'orderOfOity by calling the number listed on your .letem.nt. When you meke a stop payment order, you musl prcovide your Account number and .pecific infonnltion about the
check: the exa9 amounl, the date on Illechecl<, the name of the party to whem II w.. payable, the name of the po..on who .igned~, and the checl< number. Vou wiD be..ked to confirm an oral
stop payment order in Writing., We . our e . rec . e' . af" wee a 0 or if we have not received iln ad~ate
description of the itent so Ihet payment can b. .topped. The order Will not be effective if check was paid by us be re we a reasonllb e opportunity to acl on the order. We Inay Without
IiabWoty, di.regard a written stop paymenl OId".ix months after receipt unless il i. renowed in writing. .
Standard of Care. Becausethle Accoun! i",,!,lves both credil card and check trensaclions which are processed thro\'llh separate national systems be~ the tran~c'on. .... con:solidaled by us,
and because !lOt GVel'fcheck and ~rd slil>wiIl be ~t to us, transactIons ,n your Account wi\lbe processed mechanicallywilhout our necesseriIy _g 0\/8'Y ~em. aur ptOC")Si"ll system will
call our attenllOn to certain item. WhICh we will exam,ne. We w,lI exam,ne all transaclion. wh.n ycu report that your Card or checks have been IosI or stolen. We do not ,nlend onlInanly to
examine a1111em., and we wiD notb. negligenl if we do nol do '0. Thi.lUle eslabli.hes the slendard of ordina'Y COfOwhich \VlI in goodfailh will exercise in administering your Acc,:,unt. Secause
of our limited review, ancibecau.e neither your cancalled checi<s nor Card tran.eetinn .lips will be returned to you with the monlllly s1atemen~ you .hould.be careful to enter all checks in your
check" register ~ otheJwise keep a record of them. You should also save your credit card cash advance and purchase sUps. You scree 10 check vcur mtlnthlv statements aaainst \Ioor record and
to "oliN us immediatelY of_~nv unauthori2ed transactions or errors
Waiver of CertaIn Rights. We may delay or waive enforcemenl of any provl.ion of thle Agreement wilhout losing our right to enforce ~ or any other prCIVlaion leter. You waive: tiil! right to
presenlmant, d.mand, prolest, or notice of dishonor, any applicable statute of limitations; and any righl you may have to require us to proceed agalnst anyone before we file .uil O9llinst you.
Appllcabl. Law; SeverabilitY; Assignment No malter where you Iiv<!,thi. Agreemenland your Accounlare gCIVemed by fedetallaw and by Now Hampshire law. This Agreemenl is a final
expres.ion"f Ille agreemenl between you and u. and may not be contiadlcted by evidence of any all"lled ota!.agreem.nllf any provision of Illla Agreem.nt i. held to be invalid orunenforceabla,
you and we Will con.ider that provision modified to <:anform to applicable.;a. '.w. ,and Ihe ~.IO' Ihe PI'OVl.. 'SlOn.in lh8 Agreemenl will.tin b. enforcesb. Ie. AI any time efler we delerm. ine,.in good faith
that any QropOsed or enecte<! legislation, regulaloly action, or ~cIat.deciSion has'~ or. m.., render any matOlial provision. of It\is Agr..~nt invalid or unenforceable,. or im\?o.Se any
,ncreased tax, reporting reqlllrement, 0' oIherburcfen In connection w,lh a~ .uch provISIOn or Its enforcement, we may, offer 01 leasl JO days nofica to you, orwllhoul notice ,fpemlilted by low,
cancelth. Card and your Credil privileg.s. We may transter or assign our nght to all or some of your payments. If .lele law requires thelyou receive notice o,.uch an evenllo plotect the
purcha..r or assignee, we may give you such notice by filing a finenDing stalement with the slele'. Secretary of Slele. ,
NoUc... Other notices 10 you .hall be effective when deposiled in Ihemail addressedtoyouattheaddres.shownonourrecords.unles.a Iong.r nolic. period is .pecified in thla Agreemenl or
by lew, whinh period .hell.tsrt upon mailing. No,ceto us shall be mailed to our address for CUltomer.eIVice on your stetemenl (or olhet addresses we may .pecify) and shall b. ,effective when
we receive ft.
YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. Thi. nolice contain. imporlanl inlonnation aboul your rights and our responsililities under the Fair Credil Billing Acl.
N06fy Uol. Caae of frror$ or Que060.. About Your BII~ If you think your bill i. wrong or if you need more information about any tran.action on your bil/, wrile u. on a 'epaIlIte .heel, 01 the
address rlSted in the Billing ~ghl. Summa'Y on your bill. Wnte to us .. soon as posSIble. We must hear from yoU no later Ihan 60 days afler we .enl ycu thefirsl bill on wh,ch the.error or problem
appeared. Vou can lelophone us but doing .0 Wiit nol preselVe your rights. In your leiter, give us the following ,nformation: - Vou, name and Accounl number. - The doilar amoul11 of the
suspected error. - Describe the error and OxpIain, if you can why you beliavethere isan error. If you need more Information, descnbe the ~am you are not.ure aboul.
If you have authorized us to pay your credit card bill automaticelly from your checking accoun~ you can .top the payment on any amount you Ihink 10 wrong. To step th. payment, your le<<er mU.1
reaCh us three business days before the aulomatio payment i. .Cheduled 10 occur.
Your Rlghta and Our Reaponolblllll.. After We R_/ve YourWrltten Notice. W. mus! acknowledge your Ietterw~hin30 days, unless we have corrected the error by then.. Wjthin 90 day.,
we musl either correct the error o'""Plaln why we believe the bill was correct. Affer \VlI recewe your Ialter, weeannot try to coIlecf OI)Y amount you question, or report you ~ deI,n'l"""t. We can
continueto bill you for th. amount you question, including finance C~'ll'" and we.can apflly any unpaid amount agaln.1 your credltl..e. Vou do not have 10 pay any questioned a..ounl while w.
are investigating. but you Ofe still obligated 10 pay the paris of your b,lIlhet are nol'n question.
Ifwe find thai we made a mislake on your bill, you will nol have to pay any financa cha'lle related to. any questioned amounl. If we didn'l make a mistake, you may ~.to pay fin,mce.cherges,
and you wil have to make up Ihe missed payments on the questioned amounl. In Ol~ case. we ",,1I..nd you a sIalemenl of th. ~9unt you owe and the date that. II IS due. if yelU fa!1 to pay the
amount we think you owe we may report you a. dalinquent However, ,f our expienatlOn does nolsah.fy you and you wnte to u. with.. 10 days tellmg us thai you .hll reluselo pay, we must tell
anyone we report you to ti,et ycu question your bill. And, we musllell you the name of anY9ne we reported you to. We mu.t tell anyone we report you to Ihalthe matter hes been settled between
us when it finelly is. If we dOn'l follow these IUles, we can1 collaclthe first $50 ofihe questioned amounl. even if your bili was correcl.
Special Rule for Credit CaTd Purch..... If you have a problem with the quality of the property olSONi... that you purchased willi our credit card andyou havetrted in good fail!h to c,orrectthe
problem with Ihe merchan~ you may not have to pay Ihe ~mainin~ amounl due ~n the goods 0' s.!Vices. There.... two Iimllelions on thi. right (a) you mu.t he!,". made the purch..e !n y,,"'
home .tale, or if nol within your hemostate. willlin 100 miles olyour currenl ma,hng addres.; and (b) the purchase pnce must have been more !hen $50. These hmltelron. do not '!'Ply if we own
or operalethe merchanl, or if we mailed you the advertisement for the pIOperty or 'OIV1Ces.
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VALERIE ROSENBLUTH PARK
ATTORNEY I.D. # 72094
PARK LAW ASSOCIATES, P.C.
25 EAST STATE STREET
DOYLESTOWN, PA 18901
(215) :348-5200
ATTORNEY FOR PLAINTIFF
I HEREBY CERTIFY THAT THE
TRUE AND CORRECT ADDRESS IS:
PLAINTIFF: 295 MAIN STREET
TILTON, NH 03276
DEF: 6315 LOCUST LN
MECHANICSBURG, PA 17055-7336
4428001971714542
CUMBERLAND COUNTY COURT OF COMMON PLEAS
PROVIDIAN NATIONAL BANK
Plaintiff
Vs
RICHARD E HOERNER
Defendant
NO.00-6169
PRAECIPE FOR JUDGMENT
TO THE PROTHONOTARY:
Please enter Judgment in favor of the Plaintiff and against
the said Defendant for failure to plead or otherwise respond to
the complaint and assess the damages as follows:
AMOUNT OF CLAIM
ATTORNEY FEES
PLUS ACCRUED INTEREST
LESS PRINCIPAL PAID
LESS OTHER PAYMENTS
TOTAL
$4,720.56
$802.00
$289.29
($O.OO)
($O.OO)
$5,811. 85
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 p~aecipe was mailed or delivered to the party against whom
judgment is to be ente~ed and to the attorney of record, if any,
after the default occu~red 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.~Procedure
No. 237.1 is attached hereto and marked Exhibit"
VALERIE OSENBLUTH PARK,ESQUIRE
Attorney for the Plaintiff
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AND NOW, /Z)("')U ,I ' 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.
/sl, {L,t:.., i2. ~
{B OTHONOTARY
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS
REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT
TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
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V ALERlE ROSENBLUTH PARK
. ATIORNEYLD.# 72094
PARK LAW ASSOCIATES,P.C.
25 EAST STATE STREET, P.O~ BOX 1779
DOYLESTOWN, PA 18901
(215) 348-5200
ATIORNEY FOR PLAINTIFF
CUMBERLAND COUNTY COURT OF COMMON PLEAS
i HEREBY CERTIFY THAT THE
TRUE AND CORRECT ADDRESS IS:
PLAINTIFF: 295 MAIN STREET
TILTON, NH 03276
DEF: 6315 LOCUST LN
MECHANICSBURG, P A 17055-7336
PROVIDIAN NATIONAL BANK
Plaintiff
VS
RICHARD E HOERNER
Defendant
NO. 00-6169
NOTICE OF PRAECWE FOR
ENTRY OF DEFAULT JUDGMENT
TO: RICHARD E HOERNER
6315 LOCUST LN
MECHANICSBURG, P A 17055-7336
DATE OF NOTICE: 10/12/00
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WI1HIN TEN (10) DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WIlHOUT A HEARING AND YOU MAY LOSE YOUR PROPERlY OR OTIIER
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, 4th FLOOR
CARLISLE, PA 17013
(717) 240-6200
PARKLAW~
BY: ~
VAL E ROSENBLUTH PARK, ESQ.
cc:
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT
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VALERIE ROSENBLUTH PARK
ATTORNEY I.D. # 72094
PARK LAW ASSOCIATES, P.C.
25 EAST STATE STREET
DOYLESTOWN, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
I HEREBY CERTIFY THAT THE
TRUE AND CORRECT ADDRESS IS:
PLAINTIFF: 295 MAIN STREET
TILTON, NH 03276
DEF: 6315 LOCUST LN
MECHANICSBURG, PA 17055-7336
CUMBERLAND COUNTY COURT OF COMMON PLEAS
PROVIDIAN NATIONAL BANK
Plaintiff
VS
RICHARD E HOERNER
Defendant
NO. 00-6l69
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 autho~ized to
do so, and that she believes and therefore avers, that RICHARD E
HOEIDmR, Defendant is over 21 years of age; that hiS/her place of
residence/business is located at 6315 LOCUST LN MECHANICSBURG, PA
17055-7336 and that he/she is employed and that he/she is not in
the Military or Naval Service of the United States or its Allies
or otherwise within the provisions of the Soldiers and Sailors
Civil Relief Act of Congress of 1940 and its amendmen
PARK LAW AS OCIATES, P. .
BY:
Valerie Rosenbluth Park
Attorney for Plaintiff
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VALERIE ROSENBLUTH PARK
ATTORNEY I.D. # 72094
PARK LAW ASSOCIATES, P.C.
25 EAST STATE STREET
POYLESTOWN, PA 18901
(2l5) 348-5200
ATTORNEY FOR PLAINTIFF
I HEREBY CERTIFY THAT THE
TRUE AND CORRECT ADDRESS IS:
PLAINTIFF: 295 MAIN STREET
TILTON, NH 03276
DEF: 63lS LOCUST LN
MECHANICSBURG, PA 17055-7336
CUMBERLAND COUNTY COURT OF COMMON PLEAS
PROVIDIAN NATIONAL BANK
Plaintiff
VS
RICHARDE HOERNER
Defendant
NO. 00-6169
NOTICE
Pursuant to Rule 236 of the Supreme Cou~t 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.
Ill! lco
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FAIR DEBT COLLECTION PRACTICES ACT, IT IS
THE FOLLOWING TO YOU. THIS IS AN ATTEMPT
INFORMATION OBTAINED WILL BE USED FOR THAT
PURSUANT TO THE
REQUIRED THAT WE STATE
TO COLLECT A DEBT. ANY
PURPOSE.
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2000-06169 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PROVIDIAN NATIONAL BANK
VS
HOERNER RICHARD E
KATHY J. CLARKE
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
HOERNER RICHARD E
the
DEFENDANT
, at 0012:04 HOURS, on the 21st day of September, 2000
at 6315 LOCUST LANE
MECHANICSBURG, PA 17055
by handing to
RICHARD HOERNER
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
6.20
.00
10.00
.00
34.20
So Answers:
~~~t
R. Thomas Kline
09/22/2000
PARK LAW ASSOCIATES
Sworn and Subscribed to before
me this .u,t!::: day of
_ 41P~ c2.#1Ji) A. D.
C)r;~ten~' ~
By:
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VALERIE ROSENBLUTH ANGST, ESQ.
ATTORNEY ID#72094
ANGST & ANGST, P.C.
37 SOUTH CLINTON STREET
P. O. BOX 1779
DOYLESTOWN, PA 18901
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY COURT OF COMMON PLEAS
PROVIDIAN NATIONAL BANK
Plaintiff
VS
RICHARD E HOERNER
Defendant
NO. 00-6169
PRAECIPE TO MARK THE JUDGMENT SATISFIED
TO THE PROTHONOTARY:
Kindly mark the above captioned matter satisfied upon payment
of your costs.
ANGST & ANGST, P.C.
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