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HomeMy WebLinkAbout00-06325 - L ,_ '-il , 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. ANN E BRENNAN Defendant NO. 00 - I-J.:J.S C,"u;lT~ 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 .. .'. 1__. " 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#:4428471377201867 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS ANN E BRENNAN 5 ALTOONA AVE # B ENOLA, PA 17025-2504 DEFENDANT NO, {).p _ {,3;lf( C4,u 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, ANN E BRENNAN, has a mailing address at 5 ALTOONA AVE # B, ENOLA, PA 17025-2504, 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 , ,~ ""' ~ ; "d owned by the Plainti.ff bearing account number 4428471377201867, 4, The Defendant requested an account, account number 4428471377201867, 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 $9,998,75 as of 08/16/2000, plus pre-judgment contractual interest at the rate of 14.24% per annum, less payments made, 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $1,699,78, WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $9,998,75, plus pre-judgment interest at the contractual rate of 14,24% per annum from 08/16/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,699,78, 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 benefi.ts. II ""_:j 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 Plainti.ff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $9,998,75, plus pre-judgment interest at the contractual rate of 14,24% per annum from 08/16/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,699,78, 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 ~_ "'" _~ ,,,I d_, c ,V~ .", " .'Ji ~ ;.' " VERIFICATION I, SUE CORRIEA , declare that: 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, Date A2u--e [Pfl1hL~ / Designated Agent II ..--iIll - _2 ~ ~ ~_~'"~'d~""I~lJjjj~ ~~ i7 PROVIDIA Financial I ~~ ~. " "'''''1 ~i? ~ Jib'~ Jj),~ ~ ~ ~ ~ ~ Jj) ~ ~li) ~lb Providian National Bank vlsA@orMasterCaiXHI;BIT May 5, 2000 A Plea~e reviev.:,this document and keep it with your other importartpapers. This Account Agreement contains the terms whi~h govern your Providian National Bank VISA or MasterCard Account (the ~cc,ou~t )'. The Account allows you to make pu!chases by ~s.mg your VISA or MasterCard card (the .Card") wherever It is honored and 10 get cash advances from us or any other participating financlallnslltutlon and from Automated Teller !Machlnes. Con~entence checks may also be provided to you as an additional way to use the Account. In this Agreement "you" and "your" mean each person fClf whom we ~ave opened a credft car~ Account. ulNe,. ~our ,. "ours," and."us. mean PrO\lidian National Bank or its assignees, as listed on your billing statement. The Account may be used only for personal, famIly, household, an~lchantable 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 act on the instructions of either joint accountholder. You and we agree as follows: paym~.nts. You wiU receive a monthly statemnt showing your 9utstanding 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" drawn on) for at least the payment as shown on yo~r statement by too payment due date in accordance with payment instruclions on your monthly statement. The back of your statements shows the rules we f~now when w Pl?5t payments. IConveOlen~e 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 Ihat~. The payment due Will be: 2% of th,e new balance shown on your statement plus the amount of any past dUEl payment, ani:! may include the amount by which the new balance exceeds your Credit line. How~er, the payment due Will not be lass 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 ~CCOU~I t IS past due or apov~ t~e credit li~e, we may require a higher minimum payment, but we will notify you before doing so. If your payment is more than 111.e paym~nt ~e,. It WIll ~e Ireateq as a sl~gle yment and non~ of II ~In ba applied to fulure payments due. We may accept late or partial payments, or payments marked .paid in full" or marked WIth of her restnctlons, without lOSing our rtght collect all amounts OWing under this Agreement. If you have made special payment arrangeme~ts wilh either First Union or Providian, you need to continue making the agreed upon payments. Finance Charges: Excep,l as descnbed.in the! Grace Period for Purcha.se Balance section of this Agreement, finance charges begin to accrue on a debit when it is inducted in one of your daily balancE!S ~nd continue untIl that ~alance IS reduced by a payment or credIt. Yo~r Account has the following balances: The Purchase ~alance, ~hich consists of your existing Purchase Balance an~ neW purchases you make With your Card ~nd fees for certa~n optIonal servIces; one or more Custom Cash Advance Balances, which conSISts of balances that you transfer to your Account uSIng ba:l~nce tr~nsfer checks and balances th~we transfer for you; and ~e C~sh ,Advance l?alance which consists o! all other cash advances and cash advance transaction tees. Any payment amount We receIVe that exceeds the finance arges and fees :t~en due will ordlnanly be applied first to the Balance with the lowest Annual Percentage Rate (APR), until that Balance is zero and then to the Balance with the next lowest AFRo. tit thelBalance is zero, and then to any Jernaining Batance. We ~e the right to apply payments different~ without furtl\er notice. ' The pu!'Cryase, Custom Cash Advance, and C~h Advance Bala~ces are reduced by payments as of the date received, and by credits as of the date posted. Purchases are included in your Purcha:se Balance as of the date made. Custo cash advanceslare included in your Custom Cash Advance Balance as follows: funds electronically transmilled to other lenders to transfer balances, !as of the date transmitted; checks t transfer balanc~, as of the date presented to us. Other cash advances are included in your Cash Advance Balance as follows: cash advances from oll1e~ financial institulions and through A omated Tellers, as of the date made; cash advance checks made payable 10 you that are identified as cashier's checks and mailed to you at your request, as of seven days after the date we P"fm' t on the check; al.jl other checks, as of the date presented to us. Other debits are included in your Purchase, Custom Cash Acmnce, or Cash Advance Balance as of the date posted. Finan charges are a'lded to your Purchase, Custom Cash Advance, and Cash Advance Balances each day and are lhen posted on the last day of the billing cycle. There is 'no grace period for cust m cash advances or other cash advances. - To figUfe the daily finance charge for each typ 'of Salance, we start with your previous day's Balance, add all debits and subtract all credits for the current day and multip-'y the net amount by the applicable daily periodic rate (see follOWing pa graphs). The nn~nce charge for each type of Balance is then added to and included in thet day's Batance. We treat a credit balance for any day as zero. We:determine the total finance charges 1'1 balances for th~ 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 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 rat~ in effect for th,e current billing cycle rather than the rate in effect on the date of the transaction. Your statement includas an average dai~ co for each Iype $f Balance. You can multiply each average daily balance lhat 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 d.termine your total finance charges on balances for the billing cycle. The term "Prime Rate" as used in the Agreem~1 t 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 i.n the Annual Percentage Rate will ta e effect on the fi~st day of your billing cycle and may result in a slight increase or decrease In the amount of your minimum payment. The ANNUAL PERCENT AGE RATE \APRl fo urchases wm v~ry and may be adjusted each biliing cycle up 10 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 20 billing cycle is 2;1.4%, corresponding to a daily periodic rate of 0.06137%. The ANNUAL PERCENTAGE RATE for cash ~dvancas is 21.9%, corresponding to a daily periodic rate 01 0.06000%. If we receive your Account payment late 2 or more times in any ~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 o~ 0.06384%), and i crease the APR for cash advances and custom cash advances up 10 maximum of 23.9% (corresponding to a daily periodic rate of 0.06548%). If after you receive the higher rates your payments re received on time and you meet all other terms of this Agreement for 3 consecutive months, you may contact our Customer Service department and, at your request, we w~1I review your ACcPunt for a possible APR reduction. If at this lime the APRs in your Account have already increased ~cau5e you did hot 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 conseculive man hs and xou contapt our Customer Service department, we wiD review your Account for a possible APR reduction. Starting July 2000, however, the APRs described in the preceding paragraph wil apply, If your Acqount payments are received late 2 or more times in any 6-month period since October 1, 1999. . Grace PerIod for Purchase Balance. New P4rchases posted tq your Account in billing cycles with no previous balance, or when the preyious balance was fully paid during the cycle, do not begin to incur a finance charge until the start of the next billing cycle. 'lfou will pay no finance charge on such new purchases if you pay lhe total new balan~e in full ~ the payment due date shown on your slalement. New pun:hases posted in any PlI\er billing cycleiincur a finance charge, and there is no period in which such purch.... may be repaid witllout If\CUI'nng a fu\ance charge. Fees. We may charge your Account $0 for: ~I ch Card you aSkr.; s to replace; each returned payment; each check you write on your Account that we return unpaid; ea.ch stop ~xment order ~r renewal of such an order; each billing cycle wit in which your A.C unt is delinquent (late c. hargej; and each billing cycle within which your balance ex~eeds your credit line (overllmlt fee), even If your Account is closed. If you request copies fbilling statemen s that. were first sent to you more than three. months earlier, we may charge a handling fee of$? for ~ach such copy. If you request that we make a one-time automatic payment your pelllonal i:hecidng accoun~ we may charge your credit card account a fee 01$4.95 for each request. ThIS fee IS a FINANCE CHARGE, and it will apply regardless of whether funds are.av ilable in your pe~onal checking account to make the payment. We may charge a transaction fee of 3% (minim~m $5), which is ~ 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, an~ similar transactions. Default You will be in default: if any informali~ you provided u;\ proves to be incomplete or untrue; if you do not comply with any part oflllis Agreement; upon your dasth, bam<nuptcy, or . insolvency; if you do not pay other debts when ue; if a bankru'1f!. pen.tion is filed by or against.y.ou; or if we believe in good failh,that vou may not pay orperforrn your obligatIOns under thiS Agreement. If you are in default we may, witho further demand lor notIce, cancel your credit pnvlleges, declare your Account balance Immediately due and payabl,!!, and u~e any remedy we "!8Y have. In the event of your default, the outstancfing balance on your Account shall continue to accrue interest at the APR(s) disclosed in lhe Finance Charges secllon of thiS Agreemenl, even If we have filEKl suit to collect the amount you owe. : Credit Line. Your credit line is specified from 1ime to time in a smrate notice. Your monthly statements show your credit line and the amount of your available c. radii. We may increase or decrease your credit line based on information ~e obtained from ou Of your credit records. Your available cred!t ~ normally.the differEt!'CE '?alween your credit line and yo~r Account balanc~ (includirlg transactions made or authorized but-not yet posted). I you send us a large payment check, we may hmlt you.r avall~le credit while we confirm that the che?< will c~r. FO,r certaIn transactions, available credit may be less. You! will 1'101 use your f'ccount for, and we may refuse to honor, any transaction whIch would cause you to exceed your available cfecllt. Promise to Pay. You promise to pay us when ]due al! amounts bo~row~ whe~ you or sOrf!e~ne else use your Account (even if the amount charged exce~ your pennis~ion), an other transactions and charges to your Account, and pollectlon costs vJ~ 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 arr{ notice reqGired by law, we fi;lay change any part of this Agreement and add or remove requirements. If a .change is made to the FI~ance ~harges sectIon of this Agreement the new finance charge calcul~tion will apply to ~our entire Account balance from the effective date of the change. Changes WIll apply to balances that mclude Items oosted \0 ~ Account before'the date of the chance, and willi apply whether orlnot you continue to use the Account. Forelg" Exchange/Currency Conversion. Il you use your Cafd for transactions in a currt;!ncy other than U:S. dollars, the transactiOfls will be convert~ to U.S. dollars, Qenerally using eit~er ~ (i) government-mandated rate or (ii) wholesale malket rate in effect ~~e day before the transacllon.1s processed, !ncreased by th~ percent (3%). If a credIt IS subsequently gIVen for a transactl~, It will be decreased by the same percentage. Th~ currency conversIon rate used on the comsefSlOn date may differ from \tle rate In effec\oo the date you usedyour Card. You agree to accept t ~ converted amount in U,S. dollars. ' (Continued on reverse) (584il-iJ698) 4428024501197533 II 1532 004 Z56 \ - - ~~ ~ ~.. "~ - ~"'-~~__~1l"'" Th. Canl; Cam:eIIallon. You may cancel your credil privileges at any lime by notifying us inWTilin~ ~nd destroying the Card(s). Upon the Card expiration at the end ofthe month shown on it, we reserve the nght not to renew the Card. We may canC:E!lthe Card and your credit prlVlle~es at,any time after 30' (fays notice to you, or without notice if permitted by law. If your Card is cancelled or not r~newed, finance c~~rges and ~ther fees Will continue to be assessed, payments will conlln~e to be due, and aU other appltcable provisions of this Agreement will remain in effect. If you termInate your credit pnvdeges, or If we cancel or do not renew the Card, you may no longer write checks on your Account, and you should destroy any unused checks we have issued to you. Personallnfo~matlo~; Docum~nts. You ~ilI provide ~s at least 10 days "C?tice if you ~h~nge yo~r name, home o.r mail!ng address, tel':!Phone n~mbers, employment Of income. Upon our request, you will proVIde us additional financlallnfo~matton. .We r~erve the, right 10 obtain information fn.>m others, Inclu~lng ~redit r~ortlng agencIes, and to provide y,~'J.r addres1 and information about your Account t~ ot.hers. We m~ also share lnformati~n With ~ur affiliates. However vou mav wnte to us at anv time rnstructma us not 10 share credit mformation with our affiliates. If you do not fulfiD your obligations under thiS Agreement, a negative credit report that may reflect on your credit may be submitted to the credit reporting agencies. Custome! Se~lce.; Unau~orlzed Use, Loss, or Theft of Chec!m or the Card. Eac~ Card must be signed on receipt. You are responsible for safeguarding the Card, your Personal Identification Number ( PIN, which prOVides access to Automated T eUer Machines) and any checks Iss.ued to you fr~m theft, and keeping your fiN separate f~om your Card. If you discover or suspect that your Card, PIN, or any unused checks are lost orstolen, or Ihat there may be an unaulhonzed lransactlon on your Account, you Will prompt~ notify us by calling 1-800,933-1221. So we can Immediately act to limit losses. and liabIlity, you will phone us even though you may als~ ~Otlfj us I~ wnUng. Your lrablllty for unautho(J~ed use occ~rnng before you notifj us is limited to $50. If you report or we ~uspect unauthonzed use of y~ur Account, we. may su~pend your credit pnvd~es until we ~esolve the problem to our satisfaction or Issue you a new Card. If your Card is lost or stolen, you will promptlv destroy all checks In your possesSion, To Improve customer seNlce and secunty, you agree that your calls may be monitored or recorded. Merchant Relatlo~s. We will not b~ liable if any person or Automated T e!ler Machine refuses to .honor the Card or a~pt your checks, or fail~ to ret~rn the Card to you. We have no responsibi.lity for goods and services purchased With the Card or checks except as reqUired by law. (See Special Rule bolow.) 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 check, you may send us a stop payment order by writing to us at our address for customer service listed on your statement You can maKe a stop payment order orally by calling the number listed on your statement. When you make a stop payment order, you must provide your Account number and specific information about the check: the exact a~oun~"the date on th~ check, the name of the.party to whom it. was p~le, '.he name of th~ pe~o~ who signed it, and the check numb.er. You will be asked to confirm an oral stop ~ment ord~r In writing. We mav dlSreaard vour oral order If w.e do not recel~e a. Sted written con~rmatlon within two weeks after the oral order, or If we have not received an ade~ate descnptlon of the Item so that payment can be stopped. The order will not be effecllve If check was paid by us before we had a reasonable opportunity to act on the order. We may, Without liability, disregard a written stop payment order six months after receipt unless it is renewed in writing. Stal1dard 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 mechanicallv without our necessarily reviewing every item. Our processing system will call our attention to certain items which we will examine. We will examine aU transactions when you report that your Card or checks have been lost or stolen. We do not intend ordinarily to examine all items, and we will not be negligent if we do not do so. This rule establishes the standard of ordinary care which we in good faith will exercise in administering your Account. Because of olJr 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 aU checks in your chec::k register or otherwise keep a record of them. You should also save your credit card cash advance and purchase slips. You acres to check vmJr monthlv statements aaainsl vOllr record and to notiN 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; A~slgnmenl No matter where you live; this Agreement and (our Account are governed by federal law and by New Hampshire law. This Agreement is a final expression of the agreemenl oetween you and us and may not be contradicled by evidence 0 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 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 coMection 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 Carel 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 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, which period shall start upon mailing. Notice 10 us shall be mailed to our address for customer service on your statement (or other addresses we may specIfy) and shall be effechve when we receive it. YOUR BilliNG RIGHTS - KEEP THtS 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 or Questions About Your Bill. If you think your bin is wrong or if you need more information about any transaction on your bill, write ~s on a ~eparate sheet, at the address listed in the Billing Rights Summ.ary on y!'ur bill. Write to us a.s soon as possible. V"e must hear fn?m you no ~ter than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but dOing so ~1l1 ~ot preserve your nght~. In your I.etter, gIVe us the follOWing In~rmatio~: - Your. name ~nd Account number. - The dollar amount of the suspected error. - Describe the error and explam, If you can why you beheve there IS an error. If you need more Information, descnbe the Item you are not sure about. If you have authorized us to pay your credit'card bill automatically 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 .nd Our Respon.lbllld.. Af/er W. R.ce/ve Your Wr/tlen Nodco. We must acknowledge your leller within 30 days, unless we have corrected the error by then.. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receIVe your leJler, we canno~ try to collect a~ amount you question, or report you ~ delinquent. W~ can continue to bill you for the amount Yt?U question, including finance charges, and we can apply any unpaId amount agamst your credit line. You do not have to pay any questioned amount while we are ilWestigating, but you ere stitt obligated to pay the parts of your b~ that are not in questlrm. If we find that we made a mistake on your bill, you will not have ~o pay any finance ~harge related to.any questioned amount.. If we didn't make a mistake, you may h~v~ to pay finance.charges, and you will have to make up the missed payments on the questioned amount. In elth.er case, yte wIII.send you a statem~nt of the ~m~untyou owe .and the date that.lt IS due. If you fall 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 strll refuse to pay, W~ must tell anyone we report you to that you Question your bill. And, we must tell you the name of anY!Jne we reported you.to. We.must tell anyone we report you to that the matter has been seUled between us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. Sped., Rule lor Cred/f CW Purch..... If you have a problem with the qualify of the property or services that you pun;hased with ourcredt card and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due .on the goods or selVlces. There are!Wo limitations on thiS nght. (a) you must ha~e. m~de the purchase ~n your home state, or if not within your home state, within 100 miles of yo,,!r 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. II r~ "~"'''lWliiitiSii~,gJi!.~I.dL'l1'';i~;1l!JiR~t,J"1,;,'=<ft,, '-,;~;:'~,'d,"",.,""-,i-.,-",.'_j>!~ r~;j;' ~~iillib!;-'iJlifil~..IJi;i'J~;~~~ll'illllilll!l!!~~'" , (::l .1::;. "'q. ~ 0 0 8 ~ ..t 0 -" 't h C> ~OJ U) i~~:U h r" zf ""0 0 () a r-' CZl . Ul :;'Z \) ~..::: .~ ~ ;,;:'0 C) --r( I !n " I..{j ~ , ::tc 0- :;;0 '"F;1 -t ;p ~ ~ ra C5 - ~ .s:- -< ) ._~~~~ - - ,,-, I",""",,".,;,~,<-~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-06325 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS BRENNAN ANN E HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BRENNAN ANN E the DEFENDANT , at 1850:00 HOURS, on the 25th day of September, 2000 at 5 ALTOONA AVENUE #B ENOLA, PA 17025 by handing to ANN E, BRENNAN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18,00 9,92 ,00 10,00 ,00 37,92 So Answers: r-~~J R. Thomas Kline 09/27/2000 PARK LAW ASSOCIATES Sworn and Subscribed to before By: 7i. ~~ tU~ Deputy eriff me this 5~ day of (}dr/u. , .2-b7nJ A, D . C)'t' O. )kd';,~,~ rothonotary II , "-, .~~- " ',- '-~ ,,,~ , - -" -, ' ._'-~- -1, ---"-1 ~. ~ "... ~ iI'.. PETERS & W ASILEFSKI .By: Charles E, Wasilefski, Esqnire Attorney ill #21027 2931 North Front Street Harrisbnrg, PA 17110 Attorney for Defendants, UNICO Corporation and Lnbe Marts, Ine, MICHAEL S. STATELER, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA vs. VAL VOLINE INSTANT OIL CHANGE, UNICO CORPORATION, LUBE MARTS, INC., THE V ALVOLINE COMPANY ASHLAND, INC., Defendlll1lts CIVIL ACTION - LAW No, 00-6375 Civil Term ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PA: Please enter the appearance of Charles E. Wasilefski, Esquire as counsel for Defendants, UNICO Corporation and Lube Marts, Inc., in the above- captioned matter. PETERS & W ASILEFSKI Charles E. Wasilefski Attorney ID #21027 2931 North Front Street Harrisburg, PA 17110 [717] 238-7555 Dated: /0/30/ u:x.x:> , , . ' ^'- ~'.- " '"',. 'I' B, ,,.,, , '.. .'-". J'-... CERTIFICATE OF SERVICE This is to certify that I, Pamela J. Crum, a Legal Assistant in the law offices of Peters & Wasilefski, have this2S\. day of(')~~'\..\V ,2000, served a true and correct copy of the foregoing ENTRY OF APPEARANCE upon all parties by depositing same in the United States mail, first class, postage prepaid, addressed to the counsel of record as follows: Jeffrey N. Yoffe, Esquire YOFFE & YOF:FE, P.C, Suite 203 214 Senate Avenue Camp Hill, PA 17011 (Counsel for Plaintiff) ~~~,~~~ Pamela 1. Crum II - L, 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, ANN E BRENNAN Defendant NO. 00-6325 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 10-20-00, case number 0004627RJW, PARK LAW ASSOCIATES, P,C, BY: VALERIE ROSENBLUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF . ,''':;~~ ...........1I:~_~fi~i_liml"~;.CII!<l",.""I->-'~ful~~"I,"'''.'';,''6_~,,.,''''''''".,,~-'-'- "'''--.'''b~.liollli: >,' -...~,~...4illItod ,~ _., w_" ~ ~,,' (') C- ;? --'"- d1Tx::r Z~I 2-" co;;:~ ~<<i': s:Ci ~8 ~ =< ~- - .'''1 !I Ii !! ,I II II 'I I! 'il ,I 'I , I I o 10 ~ o <or:: I W h :JJ: S? .".. "-J o Ii '-.._J ..,...' '-';1 ::n .'or;~ )?S.:; ~:,;C) ,;::2:[1 ,Y., 2l...., or" 3? -..;: