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HomeMy WebLinkAbout00-08036 'J ~ _.1 . .,' , ~ ,"~~-,-, 0." .~~.~ ; ',: _ -~' '<I1l'1' . &~~~: , , VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS. / ROMA L BARRETT Defendant NO. CO - cP03f, Ciu~L /~ 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. iJ I - -,-.j'_d +'" .- 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#:4428472500101875 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS ROMA L BARRETT 1654 HOLTZ RD ENOLA, PA 17025-1312 DEFENDANT NO. 0-0- fb3t. c;,;; ~ 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, ROMA L BARRETT, has a mailing address at 1654 HOLTZ RD, ENOLA, PA 17025-1312, . 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 owned by~he Plaintiff bearing account number 4428472500101875. 4. The Defendant requested an account, 4428472500101875, which is owned by the Agreement was sent to the Defendant. A attached hereto as Exhibit ~A" and made account,number Plaintiff, and an Account copy of the Agreement is a part hereof. THIS IS AN ATTEMPT TO COLLECT A DEBT. WILL BE USED FOR THAT PURPOSE. ANY INFORMATION OBTAINED ,. +, :.;t-. ',- -, ..~',. ~!:L 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 $7,865.09 as of 09/26/2000, plus pre-judgment contractual interest at the rate of 23.90% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable. attorney'.s fees, and Plaintiff will incur attorney's fees in the amount of $1,337.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $7,865.09, plus pre-judgment interest at the contractual rate of 23.90% per annum from 09/26/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,337.00, 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. 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,,","e , ""~,' " . 'i;!i~~: WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $7,865.09, plus pre-judgment interest at the contractual rate of 23.90% per annum from 09/26/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,337.00, 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 ORDER FOR SERVICE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. '" ,-, ~ '. " ~..."'" , ~~~)-lioIiia ,,@),'~_ VERIFICATION . I, HEATHER KOOREMAN , 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 Date Designated Agent I,', ~ ~~."'''' 1Ii.-....... "'-, .'->~,-, L"."'.,illiIii<lli ~iljj Ii I~"i II 'iIJ' , . ,.- L .,,~ ".. "..; _ r , ' .;il~, liJPROVlDlAN Financial .~~~~.~~~~~~~~~..~~ , c Providian National Bank VISA@or MasterCard@ Account Agreement for Roma L Barrett .. V H I BIT August 29,2000 .' 11" _ . A Plea~e revie~, this document and keep it with your other important papers, This Account Agreement cont~,ins th,~ terms whi~h, govern your Providian National Bank VISA or MasterCard Account (the ~cc.oun.t )', The Account allows you to make pu~chases by us.mg your V!SA or MasterCard card (the Carel) wherever It IS honored and to get cash advances from us or any other participating finanCial mstltuhon and from Automated Teller Machines. Convenience checks may also be provided to you as an additional way to use the Account. In thiS Agreement "you' and "your" mean each person for whom we ~ave opened a credit car.d Account "We," "our," 'ours,. and.'us" mean Provid!an National Bank or its assignees, as listed on your billing stat~men1. The Account may be used only for personal, family, household, and charitable purposes, and not for any busmess or commercial purpose. Any use of this Account shall constitute acceptance of the terms of this Agreement. You and we agree as follows: Paym~nts. You will receive a monthly statement showing your outstanding balance. Payment on this Account is required in U.S. dollars (checks must be payable at a U,S. office of the bank the check IS drawn on) for at least the payment due as shown on your statement by the payment due date in accordance with payment instructions on your monthly statement. The back of your statements shows Ihe rules we f~llow when we p<?st payments. Convenien~e checks and other checks we issue to you may not be used to make payments on your Account or to make payments on any c>ther ~ccount you have With us or our affiliate~. !he payment due Will be: 2% of t~e new balance shown on your statement plus the amount of any past due payment, and may include the amount by which the new balance exceeds your ~redltlme. However, the payment due Will not be less than $15 (unless your new balance is less than $15, in which case the payment due will be the amount of the ~e~ balance). If your ~ccountls past due or abov~ Ih,e credit li~e, we may require a higher minimum payment, but we will nOlify you before doing so, If your payment is more than th.e payment due" II WIll be treated as a Single payment 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 restrictions, without losing otJr right to collect all amounts owing under this Agreement. Financf: Charges.. Excert as described ,in the Grace Period for Purchase Balance section of this Agreement, finance charges begin to accrue on a debit when it is included in one of your daily balances and contmue until that balance IS reduced by a payment or credit. Your 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 certain optional services; one or more Custom Cash Advance Balances, which consists of balances that you transfer 10 your Account usmg balance tr~nsfer checks and balances that we transfer for you; and the Cash Advance Balance which consists of all other cash advances and cash advance transaction fees. Any payment amount we recewe th~t exceeds the finance charges and fees then due will ordinarily 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 APR, until that Balance is zero, and then to any remaining Balance, We reserve the right to apply payments differently without further notice. The Purchase, Custom Cash Advance, and Cash Advance Balances are reduced by payments as of the date received, and by credits as of the date posted. Purchases are included in your Purchase Balance as of the date made. Custom cash advances are included in your Custom Cash Advance Balance as follows: funds electronically transmitted to other lenders to transfer balances, as of the date transmitted; checks 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 other financial institutions and through Automated Tellers, as of the date made; cash advance checks made payable to you that are identified as cashie~s checks and mailed to you at your request, as of seven days after the date we print on the check; all other checks, as of the date presented to us, Other debits are included in your Purchase, Custom Cash Advance, or Cash Advance Balance as of the date posted. Finance charges are added to your Purchase, Custom Cash Advance, and Cash Advance Balances each day and are then posted on the last da~ of the billing cycle. There is no grace penod for custom cash advances or other cash advances. To figure the daily finance charge for each type of Balance, we start with your previous day's Balance, add all debits and subtract all credits for the current day and multiply the net amount by the applicable daily periodic rate (see following paragraphs). The finance charge for each type of Balance is then added to,and included in that day's Balance. We treat a credit balance for any day as zero, We determine the total finance charges on balances for the billing cycle by adding together the finance charges for each type of Balance for each day within the billing cycle, In calculating finance charges, an adjustment will be made for any transaction or payment that would have affected the finance charge calcuiation in a prior billing cycle had it been posted in that cycle. The applicable daily periodic rate for such a transaction will be the rate in effect for the current billing cycle rather than the rate in effect on the date of the transaction. Your sti;ltement includes an average daily balance for each type of Balance. You can multiply each average daily balance that is not zero by the number of days in the billing cycle 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. If a cash advance transaction fee is charged, that amount is also a finance charge, The term "Prime Rate" as used in the Agreement means the highest prime rate published in the Wall Street Journal on the first business day of the previous calendar month. Any increase or decrease in the Annual Percentage Rate will take effect on the first day of your billing cycle and may result in a slight increase or decrease in the amount of your minimum payment. The ANNUAL PERCENTAGE RATE.(APR) for purchases is 21.9%, correspondin9 to a dai~ periodic rate ofO,06000%, The ANNUAL PERCENTAGE RATE for custom cash advances is 23.9%, corresponding to a daily periodic rate of 0,06548%. The ANNUAL PERCENTAGE RATE for cash advances is 23_9%, corresponding to a daily periodic rate of 0.06548%, If we receive your Account payment late 2 or more times in any 6-month period since October 1, 1999, on each such occurrence we may increase the APR for purchases up to a maximum of 23.9% (corresponding to a daily periodic rate of 0.06548%), and increase the APR for cash advances and custom cash advances up to maximum of 25.9% (corresponding to a daily periodic rate of 0.07096%), If after you receive the higher rates your payments are received on time and you meet all other terms of this Agreement for 3 consecutive months, you may contact our Customer Service department and, at your request, we will review your Account for a possible APR reduction, If at thit> time the APRs in your Account have already increased because you did not fT!eet the existing term~ of y~ur Account Agreement, yo~r existing APR~ w~1 conti~ue to apply. If you meet all terms of this Agreement for 3 consecutive months and lOU contact our Customer SefV1ce department, we will review your Account for a posSible APR reduchon, Starting July 2000, however, the APRs described in the preceding paragraph will apply, If your Account payments are received 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 ~as fully paid during the cycle, do not begin to incut a finance charge until the start of the next billing cycle. You wiJ) pay no finance charge on ~uch new. pu~chas~ if you pay the total new balan~e Iry 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 ho penod In which such purchases may be repaid WIthout IOcurnng a finance charge. Rebate:. On the last day of each monthly statement period we will credit your Account with 1% of your net purchase transactions posted during the statement period. "Net Purchase Transactions" means Card purchases, less purchase adjustments and purchase credits posted during the period, . Fees. We may charge your Account $0 for: each Card you ask us to replace; each returned payment; each ~~eck you w~i1~ on xour Account that we return unpaid; ~~h stop ~y,ment order ~r renewal of such an order; each billing cycle within which your Account is delinquent (late charge); and each bIllIng cycle W!thm which your balance ~eeds your credit line (OVer/fIltlt feel' even If your Account is closed. If you request copies of billing statements that were first sent to you more than three months earlIer, we may charge a handling fee of~ for ~ch such copy. IT you request that we make a one-time automatic payment from your personal checking aCCt>unt, 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 available in your personal checking account to make the payment. We mqy charge a transaction fee of 3% (minimum $5), which is a one-time FINANCE CHARGE, on the amount of each cash advance, including cash from financial institutions, and A TMs, wire transfers, money orders, lottery tickets, casino gaming chips, and similar transactions. Default. You will be in default: if any information you provided us proves to be incomplete or untrue; if you do not comply with any part of this Agreement; upon your death! bankruptcy, or , insolvElncy; if you do not pay other dElbts when due; if a bankruptcy petition is tiled by or against.y,ou; or if we believe in good faith that you may not payor perform your obligations under thIS Agreement If you are in default we may, without further demand or notice, cancel your credit pnvlleges, declare your Accoun~ balanc~ Immediately due and payabl~, and u~e any remedy we fT!ay have, In the event of your default, the outstanding balance on your Account shall continue to accrue interest at the APR(s) disclosed 10 the Finance Charges section of thIS Agreement, even If we have filed suit to coffect the amount you owe. Credit Line. Your credit line is specified from time to time in a separate notice. Your monthly statem~nts show y?ur' credit line an~ the amount of your availa~le.credit. We may increase or decrease your credit line based on information we obtained from you or your credit records. Your available cred~t ~ normally .the differe~ce ~etween your credit line and yo~r Account balanc~ (lnclucting trans~ctions made or authorized but not yet posted). If you send us a large payment check, we may limit you,r avall~ble credIt while we confirm that the che~k Will cl~r, For cettam transactions, awilable credit may be less. You will not use your Account for, andwe may refuse to honor, any transaction which would cause you to exceed your available coot. Promise to Pay, You promise to pay us when due al~ amounts bo~row~ whe~ you or so~~ne else use your Account (even if the amount charged exc~ your permis~ion), all other transactions and charges to your Account, and collection costs we Incur Including, but not hmlted to, reasonable attorney's fees and court costs. (If you win the SUit, we Will pay your reasonable attorney's fees and court costs.) Changes. After we provide you any notice required by law, we may change any part of this Agreement an~ add:or remove requirements, If a ,change is made to the FI~ance C?harges section of this Agreement, the new finance charge calculation will apply to your entire Al?Count balance from the effectIVe date of the change. Changes WIll apply to balances that mclude Items casted to ~ Account before the date of the change, and will apply whether or not you continue to use the Account. Foreign Exchange/Currency Conversion. If you use ~our Card for transactions i~ a currency other than U.S. dollars, the transactions will be converted to U.S, dollars, generally using either a (i) (Continued on reverse) (5846~0698) 4428472500101875 0730 462 2561 :;:-::"1 - i:l~~~~~~4.'~.'CJL.""'_("C' gC?Vernment-mandated rate or (H) wholesale market rate in effect the day before the transaction is processed, increased by three percent (3%). If a credit is subsequently given for a transaction, it Will be decreased ~ the same percentage. The currency conversion rate used on the conversion date may differ from the rate In effect on the date you used your Card. You agree to accept the conveFled amount In U.S. dollars. r ~ ~ The Card; C.ancellatlon. You may cancel your credit privileges at any time by ~otifji.ng us in wrjtin~ and destroying the Card(s}. Upon the Card expiration at the end of the month shown on it, we reselVe the right not to renew the Card. We may canc.elthe Card and your credit pnvlle~es at.any time after 30 days notice to you, or without notice if permitted by law. If your Card is cancelled or not r~newed, financ.e c~a.rges and ?ther fees Will continue to be assessed, payments w1l1 conttn~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 canc~1 or d~ not renew the Card, you .m~ no longer write checks on your Account, and you should destroy any unused check~ WEt~~Ve !;sued to you. Personallnfo~matlo~; Docum~.nts. You ~11l provide ~s at least 10 days n<?tlce If you ~h~nge yo~r name, home or mailing address, telephone numbers, employment or income. Upon our request, you Will provide us additional financial tnfo~atlon. .We r~selVe the. flght to obtam Informallon from others, including credit reporting agencies, and to provide your address and information about your Account t? ot.hers, We m"IY also share Informatl~n with ?ur affiliates. However vou mav write to us at anv time instructina 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 submitted to the credit reporting agencies. Customer Se!"lce.: Unaut.horized Use, Loss, or Theft of Chec~ or the Carel. 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 ISS.Ued to you from theftL and keeping your PIN separate from your Card, If you discover or suspect that your C~rd, PIN, or ~nv unused che~ks .~re lost Of. stolen, or that there may be an unauthoflzed transaction on your Account, you will promptly notify us by calling 1~800.933.7221. So we can Immediately act to IImlllosses. and liability, you Will phone us even though you may .als~ ~otify us i~ writing. Your liability for unauthori~ed u~e occ,urring before you notify us is limited to $50. If you report or we ~uspect unauthOrized use of y<?ur Account, we.may su~pend your credit pnvll~ges 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 m your possession. To Improve customer service and security, you agree that your calls may be monitored or recorded. Merchant Relatlo~s. We will not ~ liable if any person or Automated T e!ler Machine refuses to honor the Card or accept your checks, or fails to return the Card to you. We have no responsibility for goods and selVlces purchased WIth the Card or checks except as reqUired by law. (See Special 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 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 amount, the date on the check, the name of the party 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. We mav disreaard vour oral order if we do not receive a sianed written confirmation within two weeks after the oral order, 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 the 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. 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 losl 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 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 register or otherwise keep a record of them. You should also save your credit card cash advance and purchase slips. You aaree to check your monthly statements aaainst your record and to notifv us immediatelv of any 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; Assignment. No matter where you live, Ihis 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 after we determine in good faith that any proposed or enacted legislation, regulatory action, or judicial decision has rendered or may render any matenal 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 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 Agreement or by law, which period 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 BILLING RIGIITS - 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 E"ors or Questions About Your Bill. 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, 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 rights. In your letter, give us the following information: - Your name and Account number, - The dollar amount of the suspected error, - Describe the error and explain, if you can why you believe there is an error. If you need more information, describe the item ~ou 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 and Our Responsibilities After We Receive Your Written Notice. We must acknowledge your letter within 30 days, unless we have corr:ected 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 letter, we cannot try to collect any amount you question, or report you as delmquent. W~ can continue to bill you for the amount you question, including finance charges, 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 nqt in question. If we find that we made a mistake on your bill, you will not have to pay any finance charge 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 a~ount. In eith,er case, we will.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 does not satisfj you and you wnte to us wlthm 10 days telling us that you stili refuse to pay, we must tell anyone we report you to that you question your bill. And, we must tell you the name of any?ne we 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 follow these rules, we can't collect the first $50 of the questioned amount, even If your bill was correct. Special Rule for Credit Card Purchases. If you have a prob.le.m with the quality of the property or ~elVices that you pur~~s~ with our.cr~it card and you have tried in good faith to c.orrect the problem with the merchant, you may not have to pay the remamlng amount due ,~n the goods or selVlces. There are!Wo limItations on thiS nght: (a) you must haye. m~de the purchase !n your home state, or if not within your home state, within 100 miles of your current mailing address; 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 selVices, I~ ~~4,'i!I;;~"B",itl;i):1M,t~","'''-~,%''k",-0;~"-'-'-iW..!':'''_~'->i;'i~--"''''bi>!lf~'''''lJ';i2ki1\imli~""'~~~ "i)Wft.~~:tit1 r-<:'M'~mllii -" ~'-"!fi\Jiil!i!!il!!lllIliil!W^ ,- ~ ~ <'~"1 (.J ~ 0 0 0 ~ c 0 " ~ s: ~~ ::::l Tf .- ~ 0 ~GJ 0 ,'-hp C5 men ..;:: z::() '~8 ~ . zc ~ D V) (fJ ,- s:- ~~~ C\ --< -cC- 0 0- <C) ~ ",,- C/j ;<;:0 ....x-", 2-.l) IN -:0 I I ~o - ,C,_)f\\ e ;J:>c - ::, p:?~ ~ ::> 55 s;- O< t "'< '.~--~._~ ~u ~ ., < ~ ~,." ~ < -< . ~~..;q" SHERIFF'S RETURN - REGULAR CASE NO: 2000-08036 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK C-;.._ VS BARRETT ROMA L SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BARRETT ROMA L the DEFENDANT , at 0018:49 HOURS, on the 27th day of November, 2000 at 1654 HOLTZ ROAD ENOLA, PA 17025-13l2 by handing to ROMA BARRETT 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: l8.00 8.68 .00 10.00 .00 36.68 r~~~ R. Thomas Kline 11/28/2000 PARK LAW ASSOCI ~ Sworn and Subscribed to before By: me this /~ day of ~ :2-o-v-V A. D. 0# a. 1u,I;u~ #' rothonotary , " ,",,,: ~'~..~'~ . "'. c ",. MiL'l) 1" VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 1654 HOLTZ RD ENOLA, PA 17025-1312 4428472500101875 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS ROMA L BARRETT Defendant NO.00-8036 PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS $7,865.09 $1,337.00 $484.10 ($0.00) ($854.50) $8,831.69 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". VL--/// VAL~IE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff TOTAL AND NOW,--.J'a-~ 1/ ,.-:J.0r\-I. ' Judgment is entered in favor of the Plaintiff and agains the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. .1 ~._ , l. '.-" ~""~-6:_ G<4-t J }! ~ PROTHONOTARY' ~ PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. _ ~L~=~ 'I I ,;" ~,~ "--'--, . "ALERIE ROSENBLUTH PARK ATIORNEYI.D. # 72094 PARK LAW ASSOCIATES,P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATIORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS I HEREBY CERTIFY THAT THE~ TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 1654 HOLTZ RD ENOLA, P A 17025-1312 PROVIDIAN NATIONAL BANK Plaintiff VS ROMA L BARRETI Defendant NO. 00-8036 NOTICE OFPRAECWE FOR ENTRY OF DEFAULT JUDGMENT TO: ROMA L BARRETI 1654 HOLTZ RD ENOLA,PA 17025-1312 DATE OF NOTICE: 12/18/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WI1HIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHom A HEARJNG AND YOU MAY LOSE YOUR PROPERlY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND om WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4'. FLOOR CARLISLE,PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P.C~_/' /" ~ BY: V ALERlE ROSENBLUTH PARK, ESQ. cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT ~ "'''''' ' . '",,--1 ..~' , ~~-~~,! VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 1654 HOLTZ RD ENOLA, PA 17025-l3l2 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS ROMA L BARRETT NO. 00-8036 Defendant VERIFICATION Of NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS VALERIE ROSENBLUTH PARK, Esquire, being duly sworn according to law, deposes and says that she will make this affidavit on behalf of the within Plaintiff, being authorized to do so, and that she believes and therefore avers, that ROMA L BARRETT, Defendant is over 21 years of age; that his/her place of residence/business is located at 1654 HOLTZ RD ENOLA, PA 17025- 1312 and that he/she is employed and that he/she is not in the Military or Naval Service of the United States or its Allies or otherwise within the provisions of the Soldiers and S~ilors Civil Relief Act of Congress of 1940 and its amendments .- PARK LAW ASSOCIATES .C. BY: Valerie Rosenbluth Park Attorney for Plaintiff E10 'I~ . '<, ,n,:,:, ~ VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 1654 HOLTZ RD ENOLA, PA 17025-1312 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS ROMA L BARRETT NO. 00-8036 Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: [X] Judgment by Default [ ] Money Judgment [ ] Judgment in Replevin [ ] Judgment in Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings [ ] Judgment on District Justice Transcripts [ ] Judgment on Judgment Note [ ] Judgment on Writ of Revival [ ] Praecipe to Reassess Damages IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number: (215) 348-5200. , I () i( If P PURSUANT 1'0 THE REQUIRED THAT WE STATE TO COLLECT A DEBT. ANY PURPOSE. FAIR DEBT COLLECTION P TICES ACT, IT IS THE FOLLOWING TO YOU. THIS IS AN ATTEMPT INFORMATION OBTAINED WILL BE USED FOR THAT fjl"r" ..J;",._d,',_.. "=a-.'~~.Ll.i1.!f ~-~ ~~~~;SIi'~J,"'~ .. ..__%I"iii"">>'j",j,;"",~~,'_",,,,'ijJi~(ii1J:< -- ~ ~ ,~. 8i -,: .. ........IiiI~~ 1~ Il;;.U "' ~ " - '<\1ilIliIll ""~ .. " r" t:J " 0 C .:;::~ " t ~ -o~C .- _-.I ~ .(Q. Qlt~ ;:.;1:> -~ ~~.~:~ "..:- ;--0 d>'-)':> () ?;{, R () S'-"' ::: - r~: r~, ....... ..... ;(>-< _J_ 0 ~ pc:: '-" ,__I ~ !I" p:! z .....,{ r.:- "1-; -., )J - -< t:) --< V ..0 ,... )J $ ~ .