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HomeMy WebLinkAbout00-06323 <> d~~ ~ j . ,h 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. ELEANOR I BOND Defendant NO. 00 -I..J:J.~ CuJ y~ 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 (800)990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. II ~, , VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PAnK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4428472258015608 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS ELEANOR I BOND 23 NATHAN DR ENOLA, PA 17025-2676 DEFENDANT NO. (JV. (..3;2.3 Cw:J I~ ; 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, ELEANOR I BOND, has a mailing address at 23 NATHAN DR, ENOLA, PA 17025-2676. 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 II ~""':,i owned by the Plaintiff bearing account number 4428472258015608. 4. The Defendant requested an account, account number 4428472258015608, 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 $23,911.05 as of 07/26/2000, plus pre-judgment contractual interest at the rate of 8.74% 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 $4,064.87. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $23,911.05, plus pre-judgment interest at the contractual rate of 8.74% per annum from 07/26/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $4,064.87, 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. II ~~~" - , 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 $23,911.05, plus pre-judgment interest at the contractual rate of 8.74% per annum from 07/26/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $4,064.87, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. II . ' ~- ,-, ,~ , ---W -'-~",: VERIFICATION I, SUSAN M. V'IRIGHlt declare that as of March 23, 2000: I am a designated agent of PROVIDIAN NATIONAL BANK, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in the State of California. rfk jfj/ Designated Agent II ~., . .. . ..,~~._"""- I""""''''"''~'''''' *..-;;:::... i7~}~~YIDIA~ I , , ~. '. ~~.- j;i ~~.~~~.~Q~~~~~~~~~~ Providian National Bank vISA@orMasterCar<1=.XHIBIT May5,2000 i" ., It i p( lea~e reviev.:, this document and ke. ep it With~ur other importan. t. papers. This Account Agreement contains the terms WhiCh. govern your Providian National Bank VISA or MasterCard Account the Account )'. The Account allows you to m e purchases by uSing your VISA or MasterCard card (the 'Card') wherever it is honored and to get cash advancas from us or arIf other participaling financial Institution and from Automated Teller achlnes. Convenience checks may also be provided to you as an additional way to use the Account. In this Agreement )tau. and "your' mean each person for whom we ~ave op~ned a credt car.d Account. "We,. .our," .ours,. and..us' mean Providian National Bank or its assignees, as listed on your billing statement. The Account may be used only for personal, family, household, an~ . hanlable purposes, and not for any bUSiness or commercial purpose. Any use of lhis Account shall constitute acceptance of the terms of this Agreement. If the Account was opened as a lqlnt account, we may act on the instructions of either joint accountholder. You and we agree as follows: Paym-:nts. You will receive a mon,thly statem~nt 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 atl~st the payment dUI as shown on YOlllr state,!,ent by the payment due date in accordance with payment instructions on your monthly statement. The back of your statements shows the rules we f~lI~ when '14 p?St payments. Convenlen~ 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 ffilrat~. The payment due will be: 2% of t~e new balance shown on your statement plus the amount of any past due payment, ana may include the amount by which the new balance ~ceeds yo r ~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 '14m be the amount of the .ne~ balance). If your ~ccou t IS past due or ~ov7t~e credit II~e, we may require a higher minimum payment, but we will notify you befOre doing so. If your p~ment is more than the payment due,. It Will be treated as a Single ayment 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 restnctloos, Without Ioslrlg our nght t collect all amounts OWIng under this Agreement. If you have made special payment arrangem~ts with either First Union or Providian, you need to continue making the agreed upon payments. Finance Charges: Exfep.1. as described.in the Grace Period for Purc~se Balance section of this Agreement, finance charges begin to accrue on a debit when it is incluqed in one of your daily balances and continue until that?a~.ance 15 red ced by a paYl1;le~l:or c,redll Yo~r Account has the following balances: The Purchase ~Iance, ,!,hich consists of your existing Purchase Balance an? new purchases:yot;l make with ,your Card nd fees for certalh optional Services; one or more Custom Cash Advance Balances, whICh conslSts_ of balances that you transfer to your Account uSing balance t~nsfer checks and ~lances 5' we t~nsfer for you: and ~e Cash .Advance l?alance which consists of all other cash advances and cash advance transaction fees. Any payment amount we receIVe th~t. :excee~, thr financ.e arges and ~. th.e. n due Will ordinarily be appll~~ first to the Balance with the lowest Annual Percentage Rate (APR), until that Balance is zero, and then to the B~lance With the next Iqwest APR, ntilthat Balance IS zero, and then to any remaining Balance. We reselVe the right to apply payments differently without further notice. The Purchase, Custom Cash AdVarce, and C h Advance Balances .are redu~ed 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 dab:~, made. Custo cash advances-:are Included In your Custom Cash Advance Balance as follows: funds electronically transmitted to other lenders to transfer balances, as of the pat~ tral'lsmitte~; ch~ks 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 ot~er linaneial inslftutions .i1dlthroll9~ Au aled T eIIe.., a$ of lhe dal. made; cash aduance checks made payable to you lhet are idenlilied as cashiefs checks and mailed to you at your request, as of seven days after the ldate we pn t 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 Aditance Balance as ot the date: p~te(J. F,inan 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 per~od for tust m cash advances' or other cash advances. ' To figure the daily fina~ce charge ~. r each Iyp of Balance, we start with your previous day's Balance, add all debits and subtract all credits tor the current day and multiply the net amount by the applicable dally penodlc rate (see follOWing pa graphs). The financ. charge for each Iype of Balance IS then added to and Included In that day's Balance. We treat a credit balance for any day as zero. We detannin. the to..llinon4' charges n balances for the billing cycle by adding tagetherthe finance charges for each two of Balance tor each day within the billing cycle. In calCUlating finance charges, an adjustment Willi. be made fi r 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 transa 'on 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 averag$ daily bala ce 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 subl tals together to determine your total finance charges on balances for the billing cycle. The term "Prime Rate" as used in \~e Agreem 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'Pereent~ge:Ratewill Is e 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) fo purchases will vary and may be adjusted each billing cycle up to 13.4% above Prime Rate, but will in no event be less than 21.9%. Using this formula, the APR for purchases in \lie May 20 billing cycle is 22.4%, corresponding 10 a daily panodic rate of 0.06137%. The ANNUAL PERCENTAGE RATE tor cash dvances is 21.9%, corresponding to a daily penodic rate of 0.06000%. If we receive your Account payment late 2 or ore 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 0 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 0.06548%). If after you receive the: higher rat your payments are received on time and you meet all other terms of this Agreement for 3 consecutive months, you may contact our Customer SelVice department and, at your request, we w 11 review your Account for a possible APR reduction. If at this time the APRs, in your Account have a ready increased because you did not meet lhe existing terms of your Account Agreement, your existing, APRs will continue to apply. If you meet ail terms of this Agreement for 3 consecutive mon hs and y.ou contact our Customer Service departmen~ we will review your Account for a JXlSsible APR reduction. Starting July 2000, however, the APRs described in the preceding paragraph wil apply, If your Account payments are received late 2 or more times in any 6-month period since October 1, 1999. Grace Period for Purchasct Balance. New p rchases 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 n billing cycle. You will pay no finance charge on such new purchases if you pay the tolal new balance in full ~ 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 Incurnng a finance charge. Fees. We may charge your Account $0 for: e ch 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: e(lch bim~g cycle wi in which your Acmunt is delinquent (late cnarge); and each billing cycle w!thin which your balance ex~ your credit line (overlimil feel' even if your Account is closed. If you request copies fbilling statements that.were first sent to you more than three months earlier, we may charge a handling fee of $? for ~ch such copy. Iryou request that we make a one-time automatic' payment fr m 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 will app~ regardless ot whether funds are ilable in your personal checking accounllo make the payment. We may charge a transaction fee of 3% (minim m $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, lortery tickets, caSinOiming chips, and similar transactions. Defaun. You will be in default: if any intormati n you provided u~ proves tobe incomplete or untrue; ify.ou do n~t co~p~ with any part of this Agreement; upon your death, bankruptcy, or . insolvency; if you do nol pay other debts w~en ue; If a bankruptcy pet~tion IS filed by or agalnst.y~u; or If we believe In good faith that ~ou m~ not pay or perforin your obligatiOns under thiS Agreement If you are in default we, may wllho t further demand :or notice, cancel your credit prJVlleges, declare our Account balance Immediately due and payable, and use any remedy we may have. In the event of your default, the outstan ng balance on your Account shall continue to accrue interest at t~e 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~I'me to time in a sap. arate nonce. Xour monthly statem~nts show y'~ur credit line a~ the amount of your availa~le.credit. We may increase or decrease your credit line bafied on information e obtained from ' ou or your credit records. Your available cred!t I~ normally .the difference ~tween your credit line and yo~r Account balanc~ (including transactions made or authorized but ot yet posted). Ir you send us a large payment check, we m~ limit you.r aval~le credit while we confirm that the ch~ will clef!r. For certain transactions, available credit may be less. Yo 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 aU amounts bo~rowe~ wh~ you or so",!e~ne else use your Account (even if the amount charged exce~ your'permis~ion), all other transactioos and charges to your Account, and collection costs we tnCUl' mctu.ding, but not ltmlted to, reasonable attomey's fees and court costs. (If you Win the swt, we will pay your reasonable attorney's fees and court costs.) i Changes. After we provide you any notice ri' ired by law, we may cha~ge any part of this Agreement an~ add or remove requirements. If a .change is made to the Fl!liInce ~harges section of this Agreement the new fin;9.nce charge calcul tion will apply to ~our entire Account balance from the effecllve date of the change. Changes wilt apply to balances that Include Items Dosted to ~ Account before' the date of the charme and wil apply whether or:not you continue to use the Account. Foreign Exchange/Currency Co.werslon. f"YOU use your Card for transactions in a curr~ncy other than U:S. dollars, the transactions will be convert~9 to U.S. dollars, aenerally using eit~er ~ (i) govemment.mandated :rate or (ii) w,holesale m rket rate in effect It~e day before the transaction. IS processed, increased by thre~ percent (3%). If a credit IS SUbsequently gIVen for a transaction, It will be decreased by the same percentage. Th, currency convellSlon 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. (Continueo on reverse) (5848-0698) 4428024501197533 II 1532 004 Z56' -~~. .."~ .. ~. .. .--'-"~ " .. ~.~ .-I.!<iI~" The card; CancellaUon, You may cancel your credt privileges at any time by no,tif)ling us in wri1in~ and dastroying Ih"Card(s). Upon the Card expiration at the end of the month shown on it, we reserve the nght not to renew the Card. We may cancel the Card and lour credit pnvllegesat any tlme'after 30 days notICe to you, or without notice if permilled by taw. If your Card ~ cancalled Of not r~l1ewed, financ.e c~~rges and 9ther fees will continue 10 be assessed, payments will continue to be due, and all ,other applicable provisions of this Agreement will remain in effect. If you termmate your credit pnvlleges, or If we cancel or do not renew the Card, you may no longer write cheeks on your Account, and you should destroy any unused cheeks we have issued to you. Persollallnfo~matlo~; Docum,e,nts. You ~i11 provide ~s at least 10 days n,?lice if you ~h~nge yo~r name, home ~r mailing add~ss, telephone numbers, employment or Income. _ Upon our request, you Will provide us addlllonal financlallnfo~atlon, .We ~eIVe the.rlght to obtain Information frc?m others, IncJu~ng ~redlt ":porting agencies, and to provide Y~'Jr address: and information about your Account 19 ot~ers, We m~v also share Informal19n with our affiliates However vou mav write to us at anv time Instructma 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 submilled to the credit reporting agencies. Customer Se~lce.; Una~orlzed Use, Loss, or Theft of Che~~ 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 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 ~ny unused chec:ks are lost or stolen, or that there may be an unauthQrized transaction on your Account, you win 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 iry writing, Your liability for unauthor~ed u~e occurring before you notify us is limited to $50. If you report or we suspect unauthonzed use of your Account, we may suspend your credit pnvlleges until we resolve the problem to our satisfaction or issue you a new Card. If your Card is lost or stolen, you will promptly destroy all cheeks in your possession, To improve customer seIVice and security, you agree thai your calls may be monitored or recorded. Merchant Relations. We wi! not be liable if arIf person or Automated Teller Machine retuses to honor the Card or accept your checks, or fails to rerum lhe Card to you. We have no responsibility for goods and services purchesed with the Card or checks except as required by law. (See Spe~al 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 services you choose to use. Stop Payment Orders. If you wish to stop payment on a cheek, you may send us a slop payment order by wrHing 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 jour ^ccount number and spacific information about the cheek: the exact arl)oun~"the date on thE! check, the name of the. party to whom it, was p.ayable, ~he name of th~ pe~o~ who signed it, and the check num~er. You will be asked to confirm an oral stop payment order In writing. We mav disreoard vour oral order If we do not receive a s~ned wntten confirmatIon within two weeks after the oral orde[, 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 e check was paid by us before we had a reasonable opportunity to act 011 the order. We may, wllhout 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 without our necessarily reviewing every item, Our processing system will call our attention 10 certain items which we will examine. We will examine all transactions when you report that your Card or cheeks 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 Ilmited 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 cl\ecks 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 tn check vour monthlv statements aoainst vour record and to noliN us immediatelv 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; Severability; ~slgnmenl No mailer 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 between you and us and may not be contradicted by evidence of any alleged 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 atter we determine in good faith that any'proposed or enacted'legislaijon, regulatory action, or jUdIcial decision has rendered or may render any material provisions of this Agreement invalid or unenforceable, or impose any increased lax, reporting requiremenl; or other burden in conneclion wilh any such prov~ion Of ils enforcement, we may, after at leasl30 days noticaloyou, or without noucaif permiuedby 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 proteet the purch8$l,er or assignee, we may give you such notice by filing a financing statement with the state's Secretary of Slate. 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 Agre~ment or by law, ~~ period shall start upon maiUng. Notice to us shall be mailed ,to our address for customer service on your statement (or other addresses we may Specify) and shaD be effective when we receIVe II. YOUR BilliNG RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us In Case of Errors 01 Questions About YOUI 8111. If you think your bill is wrong or if you need more information about any transaction on your bill, write ~s on a ~eparate sheet, althe addres$listed in the Billing Rights Summary on your bill. Write to us as soon as possibie. 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 ngh~, In your I~tter, gIVe us the follOWing In~rmatlo~: - Your name ~nc:I Account number. - The dollar amount of the suspected error. - Descnbe the error and explain, if you can why you believe there IS an error. If you need more Information, descnbe the Item you are not sure about. If you have authorized us to pay your credit card ~m 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 Respons/bll/lles After We Rl!CJ!lve Your Written Nollce. We must acknowledge your letter within 30 days, unless we heve conected the error by then.. Within 90 days, we must either correct the error or explain why we believe the billwas correct. After we receIVe your I~er, we canna! try to collect a~ amount you questIon, or report you ~s delinquent. W~ can continue to bill you for the amount you question, including finance ch~rges, 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 fil1d that we made a mistake on your bill, you will not have ~o pay any finance 0targe related tO,any questioned amount. If we didn't make a mistake, you may h~v~ to pay finance.charges, and yOLl will have to make up the missed payments on the questl€lned a~ounl. In eJth.er case, we will ,send you a statem~nt of the ~m~unl you owe ,and the date that,lt IS due. If you fad to pay the amount we think you owe, we may report you as delinquent. However, If our explanation does not satISfy you and you write to us within 10 days telling us that you stili refuse to pay, we must tell anyone we repo_rt you to that you question your bill. And, we must tell you the name of,anY9newe reported you. to, We,must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't foiiow lhese rules, we can't collect the first $50 of lhe questioned amount, even if your bill was correct. Specie! Rule /or Credit Card Purchases. If you have a problem with the quality of the property or servicas that you pu~ased with our. credit card and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remalnlng amount due on the goods or seMces. There are!Wo limitations on thIS nght. (a) ~ 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~dress; and (b) the purchase pnce must have been more than $50. These limitations do not apply If we own or operate: the mercttan~ or if we mailed you the advertisement for the properly or ServiCes. ~~Iili:",4-JIi;!,\t$it"""i1ll&~~iil:Jil!t"_'>f',i'~!'"'''''-''[.J>."""""L.",'"H,'h'';'''',"'-_1-.\"",'l;t"~~'li'~~_lIl1ftJdM~1~~ ~- - ~ ~ ~ e 0 0 0 "T' "Il ~ -6g, -om r.n :?1 /;).(3 ..., ;-~i:n 8 ~ ~.::ri -0 , r- _~.,(l'" ~~ "0 () , <(.fl '''1, ....... ~ 0 '1 z' ~)C) 0 ;,:::CJ .." ~, ~ 0 D <'T'i ~o :x ;"'.)5 - I I Z ...... 5>8 Clm ...J 6"- r~ 'i' --I ~ ~ ~ ~~ -< "'I-. '-.( , oil' " . un SHERIFF'S RETURN - REGULAR CASE NO: 2000-06323 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS BOND ELEANOR I HAROLD J, WEARY , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BOND ELEANOR I the DEFENDANT , at 1718:00 HOURS, on the 25th day of September, 2000 at 23 NATHAN DRIVE ENOLA, PA 17025-2676 by handing to ELEANOR BOND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers:.r'~~ 18,00 9.92 .00 10,00 ,00 37,92 R, Thomas Kline 09/27/2000 PARK LAW ASSOCIATES Sworn and Subscribed to before By: 7~~t~ /P Deputy eriff me this 5$<- day of (}U:ld...." ,;J h7.m A . D , Qt',. a hu/R;,~4.fl,d7 P 0 honotary II ... I VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I,D. #72094 PARK LAW ASSOCIATES, P.C. 25 E, State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF PROVIDIAN NATIONAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff VS, ELEANOR I BOND Defendant NO. 00-6323 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 as of 10-03-00, case number 0004362. PARK LAW ASSOCIATES, BY: VALERIE ROSENBLUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF II i!Rlm - ~""'-liiIl'~~ ,-~ ~~l!iIi!>li4>...,"t..u"";',"""""~,,,,,W"'~(Jo"~'"" ~~ ~ ~. , ~, < .,....... "~ ... 1<" ,~,'~. ."~,-.~ C) ~~ ",', iTI~^" ~~b ;:::;.;;.~: ::S \.-' ~~2 2: =J " - ,- ,'''-; (~ I') 8 '.") '-I u:. " w '-, ":;-C') l~lI; ""'-: Ij -< (.0 .