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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, STEVEN E GWIRTZ Defendant NO, 60 -I..J.2.~ (?,OLC~ 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) 249-3166 (800) 990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. . I II 1+ -, "-' ~' .. '0--, - '~'_~H <~_ _"','_',,,", "._ .'1 """1 'I . , VALERIE ROSENBLUTH PARK ATTORNEY I,D, # 72094 PARK LAW ASSOCIATES, P,C, 25 EAST STATE STREET, P,O, BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4428232574225442 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS STEVEN E GWIRTZ DUNBARD ARMY HEALTH CLINIC CARLISLE BARRACKS, PA 17013 DEFENDANT NO. {;-(J- {"3:2,/ C;>>J ~ 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, STEVEN E GWIRTZ, has a mailing address at DUNBARD ARMY HEALTH CLINIC, CARLISLE BARRACKS, PA 17013, 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 ':1--" ~-,,"'"- ~,-" '0 " "_;l',', ",' -~ .~, , owned by the Plaintiff bearing account number 4428232574225442, 4, The Defendant requested an account, account number 4428232574225442, 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 $30,271,78 as of 07/29/2000, 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 $5,146,00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $30,271,78, plus pre-judgment interest at the contractual rate of 23,30% per annum from 07/29/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $5,146.00, 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. II -- ," "",,,,,-;'. 1 I-~ '~^ -," " 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 $30,271,78, plus pre-judgment interest at the contractual rate of 23,30% per annum from 07/29/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $5,146,00, less payments made, plus costs and any other such relief as this Court deems reasonable and just, PARK LAW ASSOCIATES, P.C, ~ BY: VALERIE ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, II ] . '", ~ o VERIFICATION I, SUE CORRIEA , declare that as of February 14, 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, ~ (A7lW-6' Designated Agent II . ~ ,- ~ " <~~"'~ ~. .""_0 ~. ~'''''''''''''.J ~,,~~ . $'::-=--..... i7 PROVIDIAN Financial ~~~~~~~~~~~~~~~~~~~ Providian National Bank VISA@or MasterCliXH'1 B IT May 5, 2000 . ~ p( lea~e revie~,lhis 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 ~c~ou~1 )" The Account allows you to m~ke pu!chases by uS.lng your VISA or MasterCard card (the ~Card") wherever it is honored and to get cash advances from us or any other partici atin financlallnstitutron and from Automated Tenerl.~achlnes. Convenrence checks may also be provided to you as an additional way to use the Account. In this Asreement "youR and "your" m~n g each person for whom we ~ave opened a cre91t ca~d Account. 'We,. "our,~ Uours," 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, andlcharilable 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 j~int account, we may acl on the instructions of either joint accountholder. You and we agree as follows: Payments. You will receive a monthly statem~nt showing your outstanding balance. Payment on this Account is required in U.S. dol~rs (checks must be payable at a U.S. office of the bank the check IS drawn on) for at least the payment du,e as shown on your statement by the payment due date in accordance with payment instructions on your monthly statement The back of your statements shows the rules we f~now when w, Pl?8t payments. Convenien~ 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 ~ccount you have With us or our ~ffilrat~. !he payment clue 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 exceeds yow Credit line. However, the payment due wlil 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 .n~ balance). If your ~ccou~t IS past due or abov~ ~e credit li~e, we may require a higher minimum payment, but we will notify you before doing so. If your ~yment is more than th.e payment d~e,.lt will ~e lreate~ as a sl~gle jilsyment and none of ".wlll be applied to future payments due. We may accept late or partial payments, or payments marked "paid in full- or marked With other restnctlons, wlthoullosmg 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: Exc~t as described.in the Grace Period for Purchase Balance section of this Ag~ement, 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!edit. 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 seNlces; one or more Custom Cash Advance Balances, which consists of balances that you transfer to your Account usmg balance tr~nsfer checks and balances t~t we transfer for you; and ~he C~h .Advance '?Blance which consists of all oth~r cash advances and cash advance transaction fees. Any payment amount we receIVe th~t exceeds the finance c~arges and fees th~n due will ordlnanly be apph~ first to the Balance with the I~t Annual Percentage Rate (APR), until that Balance is zero, and then to the Balance wdh the next lowest APR, until that Balance IS zero, and then to any remaJmng Balance. We reserve the nght to apply paymenls differently without further notica. The Purchase, Custom Cash Advance, and C~h Advance Balances .are.re~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 date made. Custom cash advances are Included In your Custom Cash Advance Balanca as follows: funds electronically transmitted to other lenders to transfer balances, as of t~e ~~ t~nsmltted; checks tq transfer balances, as ~f the date presented to us. Other cash advances are included in your Cash Advance Balance as follows: cash advances from other finanCial Institutions and through AU/omated Tellers, as of the date mada; cash advance checks made payable to you that are identified as cashiels checks and mailed to you at your request, as of seven days after the elate 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 Advance Balance as of the date posted. Finance charges are added to your Purchase, Custom Cash Advance, and Cash A...ance Balances each day and are then posted on the I;,.t day of the billing cycle. There is no grace periOd for custqm cash advances or other cash advances. To fi.gure the dai~ finence charge for each ~~ of Ba~nce, we start with your previous day's Balance, add all debils and subtrsct all credils for the current day and multiply the net amount by the applicable dally penodlc rate (sea follOWing pa",graphs). The finance charge for each type of Balance IS then added to and included In that day's Balance. We treat a credit balance for any day as Zero. We determine th~ total finance charges em balances for the billing cycle by adding together the finance charges for each ~e of Balance for each day within the billing cycle. In calculating finance charges, an adjustment will be made fqr 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 daiiy periodic rate for such a transaqtion will be the rate in effect for the current billing cycle rather than the rate in effect on the dete of the transaction. Your statement includes an average 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 subtotals together to determine your total finance charges on balances for the billing cycle. The term .Prime Rate. as used in the Agreem~nt means the highest prime rate pubJished in the Wall Street Journal on the first business day of the previous calendar month. Any increase or decrease in the Annutll Percentage Rate will take effect on the first day of your billing cycle and may result in a slight increase or decrease tn the amount of your minimum payment. The ANNUAL PERCENTAGE RATE (APRI for purchases will vary and may be adjusted each billing cycte 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 the May 2000 billing cycle is 22.4%, corresponding to a dai~ periodc rate of 0.06137%. The ANNUAL PERCENTAGE RATE for cash ....ances is 21.9%, correspon~ng to a dai~ periOdic rate of 0.06000%. If we receive your Account payment late 2 or njore 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 periodk: rate of 0.06384%), and increase the APR for cash advances and custom cash adlfances up to maximum of 23.9% (corresponding to a daily periodk: rate of 0.06548%). If aflery(lU receive the higher rat~ your payments are received on time and you meet all other terms of this Agreement for 3 consecutive montl1s, you may contact our Customer SElVice department and, at your request, we will review your Account for a possible APR reduction. If at this time the APRs in your Account have ~Iready 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 mo~ths and you contact our Customer Service department, we will review your Account for a possible APR reduction. Starting July 2000, however, the APRs described in _the preceding paragraph will apply, if your Account payments are receiveel late 2 or more times 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 n~ billing cycle. You will pay no finance charge on such new purchases if you pay the total new balance in full by the payment due date shown on your statement. New purchases posted in any:other billing cycle incur a finance charge, and there is no periOd in which such purchases may be repaid without Incumng a finance charge. Fees. We may cha~ your Ac~~nt $0 for: ea~ ~ you ask us to ~18C!e; each retuined payment; each ~~ you w~tl[l on your Account that we return unpaid; ~a.ch stop p.ay.menl order ~r renewal of such an oider. each bllhng cycle within whIch your Account IS delinquent (late charge); and each billing cycle within which your balance exceeds your credit line (overllmlt fee), even If your Account is closed. If you r~uest copies of billing stalemen\s that. were first senl to you more lhan Ihree. months earlier, we may charge a handling fee of ~ for ~ch sucl1 copy. If you request that we make a one-time automatIc payment from your personal CheckIng account, we may charge your credit card account a fee of $4.95 for each request. ThIS fee IS a FINANCE CHARGE, and it will apply regardless of whether funds are all\iilable in your personal checking account to make !he payment. We may charge a transaction fee of 3% (minimum $5), which is a one-lime FINANCE CHARGE, on the amount of each cash advance, including cash from financial institutions, and A TMs, wire transfers, money orders, lottery tickets, casino;gaming chips, and similar transactions. Default You will be in default: lfany information you provided us proves to be incomplete or untrue; if you do not comp~ with any part of this Agreement; upon your death, bankruptcy, or . insolvency' if you do not pay other debts when:due; if a bankruptcy petition is filed by or against you; or ifwebelieve in good faith that you may not pay or perform your obligations under thIS Agreement. If you are in default we may, witho'-lt further demand or nolice, cancel you~ crecfit privileg~, declare your Accoun.t balanc~ immediately due and payabl~, and ~e any remedy we ~ay have. In the event of your default, the oulstanding ba~nce on your Account shall contrnue to accrue Interest at the APR(s) disclosed In the Finance Charges section of thIS Agreement, even If we have filed suit to coRect !he amount you owe. Credit Line. Your cr~it line is sp~ified ~m :lime to t.ime in a separate notice. Xour monthly statem~nts show Y.9ur credit line and the amount of your availa.i:!le .credit. We may increase or decrease your credit line based on Information :we obtamed from you or your crecllt records. Your available creel!t I~ normally .the differe~ ~tween your Credit line and yo~r Account balan~ (including lransaction$ made or authorized but not ret posted). I,fyou send us a large payment check, we may limit you.r aVBI~le credit while we confirm that the che?< WIll clear. For certain transactions, available credit may be less. You wll 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. YOll promise to pay us when due al! amounts bo~row~ whe~ you or sOll'!e~ne else use your Account (even jf 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 surt, we will pay your reasonable attorney's fees and court costs.) Changes. After we proIIlde you any notice ~ed by law, we may c~e any pari of this Agreement an~ add or remove requirements. If a .change is made to the Fi~ance ~harges section of this Agreement, the new finance charge calculation Will apply to your entire A~unt balance from the effectIVe date of the change. Changes wrll apply to balances that Include Items casted to YQYL Account before the rlAte of the chanoe, and will apply whether or not you conllnue to use the Account. Foreign Exchange/Currency Conversion. If you use .your Card for transactions in a curr~n~ other than U;S. dollars, the transactions will be convert~~ to U.S. dollars, generally using ejl~er ~ (i) government-mandated rate or (in wholesale market rate In effect tt:'e day before the transaction. IS processed, !ncreased by thre~ percent (3%). If a credit IS subsequently given for a transaction, It will be decreased by 1he same percentage. The currency conversion rate used on the conversion dale may differ from the rate In effect on the date you used your Card. You agree to accept lhe converted amount in U.S. dollars. (Continued on revers6) (5848-0698) 44280245011~7533 1532 004 ZS-n\ ; ~,.Jl ~"- ~..."- _,. ~..."" htl~'! The card; ~ncellatlon. You may cancel your credit privileges at any ti'~e by ~o~fyi.ng us iR\writin~ and destroying the ~ard(s). Upon ~he Cmd ~xp.iration at the end of the month sI\ow" on it, we reserve the rrght not to renew the Card. We may cancel the Card and your credit prMleges at any lime after 30 daYs notice to you, or without notice If permitted by law. If your Card is cancelled or not ~newed, financ.e c~rges and ~ther fees will continue to be assessed, payments will contin~e to be due, and all other applicable provisions of this Agreement will remain in effect. If you terminate your credit privileges, or If we cancel or do not renew the Card, you may no longer wnte checks on your Account, and you should destroy any unused checks we have issued to you. P.rsol1allnfo~matlo~; Oocume,nts. You ~m provide ~s at least 10 days n~tice if you ~~nge yo~r name, home or mailing addr~s, tel~phone numbers, employment or income, Upon our requesl, you wID provIde us additional financlallnfo~atlon. .We r~serve the. nght to obtain Infonnatlon fr,?m others, Inclu~ng ~redlt r~portlng agencies, and to provide Y~'.Jr addrest' and infonnation about your Account t~ ot.hers. We m~ also share Informatl~n with ?ur affiliates. However vou may write to us at anv tIme Instructma us not 10 share credit InformatIon with our affiliates If you do not fulfiU your obligations under thIS Agreement, a negative credit report that may reflect on your credit may be submitted to the credit reporting agencies. Custo,"e,~ Se~lce.; Unaut~orized Use, Loss, or Theft of CheG~s or the Carel. Eac~ Card must be signed on receipt !ou are responsible for safeguarding the Card, your Personal Identification Number I PIN , which provides access 10 Automated Tener Machines) and any checks Issued to you from theft, and keepmg your PIN separate from your Card. If you discover or suspect that your C~rd, PIN, or ~ny unused che~ks .~re lost or. stolen, or that there may be an unauthori~ed tra~sac~~n on you~ A~~ount, you will promptly notify ~s by calling 1.aO~-933.7~1: So we can Immediately act to Irmlllosses.and liability, you will phone us even though you may ,als~ ~ollfy us I~ wnting. Your liability for unauthorl~ed u~e occ,umng before you nollfy us is limited to $50, If you report or we ~uspect unauthonzed use of your Account, we may suspend your credIt privileges until we resolve the problem to our satisfactIon or Issue you a new Card. If your Card is lost or stolen, you will promptly destroy all checks in your possession. T Q improve customer SeNtee and security, you agree that your calls may be morntored or recorded. Merchant Relatlo~s. We will not b~ liable if any person or Automated T e.lier Machine refuses to .honor the Card or accept your checks, or fail~ to ret~rn the Card to you, We have no responsibi)ity for goods and services purchased With the Card or checks except as reqUired by law. (See Spacial Ruie below.) Certain benefits that are aVaJlable 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 Onle... If you wish to stop paymenl on a check, ~ou may send us a slop paymenl order by writing \0 us al our address for customer service listed on your slatement You can make a stop payment order orally by calling the number listed on your statement. When you make a stop payment order, you must provide your Account number and specific information about the check: the exact amount, the date on the check, the name of the rty to whom it was payable, the name of the person who signed it, and the check number. You will be asked to confirm an oral stop payment order in writing. Wema disr uro lor e . we notrece. easi n'edwritlenco nnatio within oweeksafte Iheora r,orifwehavenotreceivedanade~ate description of the item so that payment can be stopped. The order will not be effective if the check was paid by us before we had a reasonable opportunity to act on the order. We may, without liabifity, disregard a writlen 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 to certain items which we will examine. We will examine all transactions when you report that your Card or checks have been lost or stolen. We do not intend ordinarily to examine an items, andwe will not be neg"gent if we do not do so. This rule establishes the standard of ordinary care which we in good faith will exercise in adminislering your Account. Because of our limited review, and because neither your cancelled checks nor Card transaction slips will be returned to you with the monthly statement, you should be careful to enter all checks in your check (agister or otherwise keep a record of them. You should also save your credit card cash advance and purchase slips. You soree to check your monthlv statements aaainst vour record and to notif\f us immediatelv of anY unauthorized transactions or errors. WaIwr of Certain RIghts, We may delay or waive enforcement of any provision of this Agreemenl without losing our rlg"\ to enforce 1\ or arIf other provision later. You waive: the right \0 presentment, demand, protest, or notice of dishonor: any applicable stat~e of limitations; and any right you may have to require us to proceed against anyone before we file suit against you. Applicable Law; SO\fllrablltty; ~Ignmenl No matter where you Iwe, this Agreement and your Acoount are governed by federal law and by New Hampshire laW. This Agreement is a final expres9ion of the agreement between you and us and may not be contradicted by 'evidence of any all~ed oral agreement If any provision of this Agreement is held to be invalid or unenforceaple, you and we will consider that provision modified to conform to applicable law, and the rest of the provisIons in the Agreement will still be enforceable, At any time after we determine in good faith that any proposed or enacted legislation regulatory action, or judicial decision has rendered or may render any material provisions of this Agreement invalid or unenforceable, or impose any increased tax, reporting requirement, or other burden in connection with any such provision or its enforcement, we may, after at least 30 days notice to you, or without notice if permitted by law, cancel the Card and your Credit privileges. We may transfer or assign our right to all'or some of your payments. If state law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the state's Secretary of State. Notices. Other notices to you shalf 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 Ihis Ag~ment or by law, which pericX:I shall start upon mailing. Notice to us shall be mailed to our address for customer service on your statement (or other addresses we may SpecIfy) and shall be effectiVe when we receive it. YOUR SlUING RIGHTS _ KEEP THIS NOTICE FOR FUTURE USE. This notice contains impcrtant information about your rights and our respcnsibilities under the Fair Credit Biliing Act. Notify U,ln Cue af Errors pr Questions About Your Bill. If you think yC?ur bill is ~rong or if you need more information about any transaction on your bill, wrile ~s on a ~eparate sheet, at the address listed in the Billing Rights Summary on your bill. Write to us as soon as pOSSible, We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your right~. In your I~tter, give us the following In~rmatio~: - Your. name ~nd Account number. - The dollar amount of the suspected error. _ Describe the error and explain, if you can why you beheve there IS an error. If you need more Information, descnbe the Jtem you are not sure about. If you have authorized us to pay your credit card bill automatically fram 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 O~r Rap.nslb/Uti.. Aller We Receive Your Wr/lten Nodce. We must acknowiedge your letter within 30 days, unlass we have corrected the error by then.. Within 90 days, we must either correct the ertor or explain why we believe the bill was correct. After we receIVe your le~ter, we canno~ try to collect,a~ amount you questIon, or report you ~ delinquent. W~ can continue to bill you for the amount you question, including finance ch~rges, and we. can ~\y any unpaId amount agamstyour credit line. You do n01 have to pay any quesnoned amount while we are investigating, but you are still obfigated to pay the parts of your bill that are not In question. If we find that we made a mistake on your bill, you will not have ~o pay any finance qharge related to.any questioned amount. If we didn't make a mistake, you may h~~ to pay finance,charges, and you will have to make up,the missed payments on the questiltlned a!'"ount. In elth.er ease, we wlll.send you a statem~nt of the ~m~unt you owe .and the date that. It IS due, If you fall to pay the amount we think you owe, we may report you as delinquent. However, If our explanation doas nO\ satISfy ~ou and ~ou ..nle to us w,thin 10 da>js telling us thaI ~ou stiU refuse to pay, we must teU anyone we report you to that you question your bill. And, we must tell you the name of aO}'?ne we reported you. to, We .must tell anyone we report you to that the matter has been settled between us whel1 it finally is. If we don't follow lhese rules, we can't collect the first $50 of the questIOned amount, even if your bill was correct. Special Rule for Credit Cerd Purch..... If you have a probiem with the quality of the property or services that you pu~hased with ourcredt card and you have tried in good faith to c.orrect the problem with the mercl\ant, 'lOU may not have to pay the r,emaining amount due ~n the goads or services. There are ~o lImitations on thIS nght: (a) you must haye, m~de the purchase I.n your home state, or if not within your home state, within 100 miles of your current mailing a~ress; and (b) the purchase pnce must have been more than $50, These limitations do not apply If we own or operate the merchant, or if we mailed you the advertisement for the property or servIces. ,w~. ~~~_~illHI\li!'J.'!JiI;;n;"""'~~ICili'''''!M~'''''''O:J~~-",-"~;,:t""':,f,,,<,",,,,,,"",,-","':!l~:;'\iWi)J'"li''''~~''"'"""''''''' ~~,~ '~~~~""'I_W~J.h ~ .Ill - ~ ~-..-.. - , (;) -A ~ ?( ~ g 0 1.."") '1 ~ 3:: 0 .,.., en (} ,ffi M ~8 0 ;.L:.t"l a ~i " ;qi= Q\ ~ () -rom V) U< --'6 ~ ~ I O. -... " :.::1-T-~ "' Ig c: \Y r ::JI: ~:n ~ ~ z<") ofn ~ r~ ~ -< '"' ",.,.=~~._<<~ 0_"" ". , ~, N~ . .I -- ~j SHERIFF'S RETURN - REGULAR CASE NO: 2000-06324 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS GWIRTZ STEVEN E RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland county,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GWIRTZ STEVEN E the DEFENDANT , at 0008:41 HOURS, on the 21st day of September, 2000 at DURHAM ARMY HEALTH CLINIC CARLISLE BARRACKS, PA 17013 by handing to STEVEN GWIRTZ 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 So Answers: 18,00 3,10 ,00 10.00 ,00 31,10 ~~,~~t:~.( R, Thomas Kline 09/22/2000 PARK LAW ASSOCIA Sworn and Subscribed to before By: me this .:u, g". day of il'r.:.j..,~ ~ A,D, (J 'L_ Q )y.~;i-. :>.~~' 'I1rothonotary . - , , 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 '1];; I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: DUNBARD ARMY HEALTH CLINIC CARLISLE BARRACKS, PA 17013 4428232574225442 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS STEVEN E.GWIRTZ Defendant NO,OO-6324 PRAECIP1!: 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: $30,271,7B $5,146.00 $1,661. 88 ($0,00) ($0,00) $37,079,66 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 Procedure No. 237.1 is attached hereto and marked Exhibit :A", V~K'ESQUIRE Attorney for the Plaintiff AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL "" , L :';,0 > AND NOW, FPb / ~ ,;;U"'Y\/ ' Judgment is entered in favor of the Plainti f and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification, (!~'T~~1.P.~ 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, "- - - ~I, lmId , VALERIE ROSENBLUfH PARK ATTORNEY !.D. # 72094 PARK LAW ASSOCIATES,P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 CLINIC (215) 348-5200 ATTORNEY 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: DUNBARD ARMY HEALTH CARLISLE BARRACKS, PA 17013 PROVIDIAN NATIONAL BANK Plaintiff VS STEVEN E GWIRTZ Defendant NO. 00-6324 NOTICEOFPRAEC~EFOR ENTRY OF DEFAULT JUDGMENT TO: STEVEN E GWIRTZ DUNBARD ARMY HEALTH CLINIC CARLISLE BARRACKS, P A 17013 DATE OF NOTICE: 10/12/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TIllS CASE. UNLESS YOU ACT WITIIIN TEN (10) DAYS FROM THE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERlY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS 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 PARK LAW ASSOCIATES, P.C. ~ / BY:~ ALERIE ROSENBLUTH PARK, ESQ. cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, EXHIBIT It ""~ I , VALERIE ROSENBLUTH PARK, Esquire Attorney I.D, #72094 PARK LAW ASSOCIATES, P,C. 25 E. State Street P,O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF PROVIDIAN NATIONAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff vs. STEVEN E GWIRTZ Defendant NO. 00-6324 VERIFICATION OF 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 knows of her own personal knowledge and therefore avers, that STEVEN E GWIRTZ, Defendant is over 21 years of age; that his/her place of residence/business is located at DUNBARD ARMY HEALTH CLINIC and that he/she is employed by the Military or Naval Service of the United States but he is currently residing in Cumberland County, Pennsylvania and is not stationed overseas or any other circumstance that falls within the provisions of the Soldiers and Sailor Civil Relief t of congress of ).940 and its amendments. VALERIE ROSENBLUTH PARK, ESQUIRE Attorney for Plaintiff . . _ L - . VALERIE ROSENBLUTH PARK ATTORNEY I.D, # 72094 PARK LAW ASSOCIATES, P.C, 25 EAST STATE STREET DOYLESTOWN, PA 18901 CLINIC (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: DUNBARD ARMY HEALTH CARLISLE BARRACKS, PA 17013 CUMBERLAND COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS STEVEN E GWIRTZ Defendant NO. 00-6324 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: [xl Judgment by Default [ 1 Money Judgment [ 1 Judgment in Replevin [ 1 Judgment in Possession [ 1 Judgment on Award of Arbitration [ 1 Judgment on Verdict [ 1 Judgment on Court Findings [ 1 Judgment on District Justice Transcripts [ 1 Judgment on Judgment Note [ 1 Judgment on Writ of Revival [ 1 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, P PURSUANT TO THE FAIR DEBT COLLECTIO PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. 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