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HomeMy WebLinkAbout00-08037 . L,~' - -",. ll' ^. i....""...". ,'~__n <Ja! u~ . '. . . 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. JOAN E PLANTZ Defendant NO.OO - ?o37 00;[ ~~ 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. , ~. ~ di:.t '. i . VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DQYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4428471157339242 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS JOAN E PLANTZ 9 E BEALE AVE ENOLA, PA 17025-2804 DEFENDANT NO. /)-(}- ~:37 C;;:J T~ 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, JOAN E PLANTZ, has a mailing address at 9 E BEALE AVE, ENOLA, PA 17025-2804. 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 the Plaintiff bearing account number 4428471157339242. 4. The Defendant requested an account, account number 4428471157339242, 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 $7,959.37 as of 06/16/2000, plus pre-judgment contractual interest at the rate of 16.40% 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 $1,353.09. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $7,959.37, plus pre-judgment interest at the contractual rate of 16.40% per annum from 06/16/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,353.09, 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. - " ., .,,,~^-<----,, , "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 $7,959.37, plus pre-judgment interest at the contractual rate of 16.40% per annum from 06/16/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,353.09, 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. .. . <~~ '<' __. i...ii..Ju, >,Jili ~., , "'~-"..- ~ -.<.ii' ., ",'~'~ . i;.~; " i';;~ >l~ ~PROVIDIAN Financial ~ 11 ~~;i7 ~ ~ ~ ~ ib ~ ~ ~ ~ ibib ~ ~~' Providian National Ba'nk vlsA@orll<<M''':';''8'IT Account Agreement for Joan ~ ' July 18, 2000 /f I Plea~e revi~,lhis document and keep it with your other importanlpapers. This Account Agreement cont~ins th,~ terms which. govern your Providian National Bank VISA or MasterCard Account (the ~cc,ou~t )'. The Account allows you to make pu.rchases by uS.lng your VISA or MasterCard ~rd (the Card) wher~er it IS honored and to get cash advances from us or any other participating financlallnslltutlon and from Automated T eller ~achlnes. 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 Providian National Bank or its assignees, as listed on your billing statement. The AccOunt may be used only for personal, family, household, and chantable purposes, and not for any business 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 mOflthly 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 the rules we f~lIow when we P?st payments. Convenience checks and other checks we issue to you may not be used to make payments on your Account or to make payments on any 01her a.ccoun1 you have with us or our affillaje~. The payment due wfff be: 2% of t~e new balance shown on your statement plus th~ amount of any past ~ue payment, and may include the amount by which the new balance exceeds your ~re~lt hne. However, the paYl!1e.nt due Will not be. less t~an $1~ (~nless your new balance .IS les.s than $15, In w~lch case the payment due will be the amount of the .ne~ balance). If your ~ccount IS past due or above the credit lme, we may reqUire a higher mInimum payment, but we Will notify you before domg so. If your payment is more than th.e payment d~e,.lt Will ~e treat~ as a sl~gle 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 restnctlons, Without losmg our nght to collect all amounts owing under this Agreement. Finance Charges: Except as described .in the GracI! 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 continue until that !:>Blance 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 seNices; one or more Custom Cash Advance Balances, which consists of balances that you transfer to your Account uSing balance tr~msfer checks and balances that we transfer for you; and t.he C~sh .Advance ~Iance which consists of all other cash advances and cash advance trans.action fees. Any payment amount we receive th~t exceeds the finance charQes and fees then 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 APR, until that Balance is zero, and then to any remaining'Balance. We reseNe 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 dat~ 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 transmllled; checks to transfer balances, as of the date presented to us. Other cash advances are included in your Cash AdJance Balance as follows: cash adJances from other financial institutions and through Al!iomated Tellers, as of'the date made; cash advance checks made payable to you that are identified'as cashier's checks and mailed to you at your request, as of seven days after the date we pont on the check; all other checks, as of the date presented to us, Other debits are included in your Purchase, Custom Cash Advance, or Cash Advance Balance as of the date posted. Finance charges are added to your Purchase, Custom Cash Advance, and Cash Advance Balances each day and are then posted on the last day of the billing cycle. There is no grace period for custom cash advances or other cash advances. To fi.gure the ~aily ~na.nce charge for ea~h type of Balance, we start with your previous day's Balance, ~dd all debits and su~tract all ~redits for the current day and multiply the net amount by the apphcable dally p~r1odlc rate (see followmg paragraphs). The finan~~ charge for eac~ type of Balance IS then added to and Included In that day's Balance. W~ t~eat a c~e:dit 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 1he billing cycle. In calculating fina~ce charg,es, a~ a~justment will be made for. any !ransaction or payment that would hav~ .affected the finance charge ~Iculation in a prior billing cycle ha~ it been posted in that cycle. The applicable dally penodlc rate for such a transaction will be the rate in effect for the current bllhng cycle rather than the rate In effect on the date of the transaction. Your statement includes an average daily balance for each type of Balance. You can multiply each average daily balance that is not zero by the number of days in the billing cycle and the periodic rate to obtain subtotals, and then add the subtotals t"gether to determine your total finan'ce 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 Waif 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 Qr decrease In the amount of your minimum payment. The ANNUAL PERCENTAGE RATE (APR) for purchases will vary and may be adjusted each billing cycle up to 7.4% above Prime Rate, but will in no event be less than 15,9%, Using this formula, the APR for purchases In the Ju~ 2000 billing cycle is 16_9%, corresponding to a dally penodlc rate of 0_04630%, You can arrange to have a variable APR for custom cash advances that is lower than the weighted average of the non-introductory APR you have been paying on the total balances you have transferred from other credit card, retail, and installment accounts provided your other accounts were open in July 2000. In calculating this APR we will take into account the APRs on the credit account balances you have transferred from other lenders. This APR is available only if you provide proof, in the form of copies of your most recent billing statements, showing your other non-introductory APRs. Your new APR will be variable, based on Prime Rate and will take effect in the billing cycle following our review of your proof, but not earlier than the end of your courtesy period. If we do not receive such proof your APR for custom cash advances will be as follows: The ANNUAL PERCENTAGE RATE for custom cash advances is 23.3%, corresponding to a daily periodic rate of 0,06384%, The ANNUAL PERCENTAGE RATE for cash advances is 23.3%, corresponding to a daily periodic rate of 0,06384%_ If we receive your ~ccount paymen! la!e 2 or more times in any 6-month period since October 1, 1999, on each such occurrence we may in~rease the APR for purchases up to a ~axi~u~ .of 18.9% (corresponding to a dally penodlc rate of 0.05178%), and increase the APR for cash advances and custom cash advances up to maximum of 23.3% (corresponding to a dally penodlc rate of 0.06384%). 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 deparbnent and, at your request, we will review your Account for a possible APR reduction. If at this time the APRs in your Account have already increased because you did not meet the existing terms of your Account Agreement, your existing APRs will conti~ue to apply. If you meet all terms of this Agreement for 3 consecutive months and you contact our Customer Service department, we will review your Account for a possible APR reduction. Starting July 2000, however, the 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 purcha~es 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 incur a finance charge until the start o~the next billing cycle. You will pay no finance charge on ~uch new.pu~chas~s if you pay the total new balan~ I~ fun 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 penod 10 whIch such purchases may be repaid Without Incurnng a finance charge, Fees. We may charge your Acc.o~nt $0 for: ~?h Card you ask us to repla~; each returned payment; each ~~eck you w~t~ on rour Account that we return unpaid; ~,ch stop ~.ment order ~r renewal of such an order; each bllhng cycle Within which your Account is delinquent (late charge); and each billing cycle wlttun which your balance exceeds your credit line (overhmit fee), 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. If you request that we make a one-time automaitc payment from yc>ur 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 avaHabl~ in your personal checking account to make the payment. We may charge a transaction fee of 3% (minimum $5), which is a one-time FINANCE CHARGE, on the amount of each cash advance, including cash from financial institutions, and A TMs, wire transfers, money orders, lottery tickets, casino gaming chips, and similar transactions, Default You will be in default if any information you provided us proves to be incomplete or untrue; ify.ou do n~t cOl!lply with ~ny part of this Agreement; upon your death! ba.nkruptcy, or . insolvency; if you do not pay other debts when due; if a bankruptcy petition is filed by or against you; or If we believe tn good faIth that ~ou may not pay or perform your obhgaltons under thiS Agreement. If you are in default we may, without further demand or notice, cancel your credit privileges, declare your Account balanc~ Immediately due and payabl~, and u~e any remedy we ~ay have. In the event of your default, the outstanding balance on your Account shall continue to accrue interest at the APR(s) disclosed In the Finance Charges section of thiS Agreement, even If we have filed suit t~collect the amount you owe. Credit Line. Y~ur 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 l~ normally.the dlffere.nce ~elween your credit line and yo~r Account balan~ (including transactions made Of authorized but no~ 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 clear. For certain transactions, available credit may be less. You Will not use your Account for, and we may refuse to honor, any transaction which would cause you to exceed your available credit. Promise to Pay. You promise to pay us when due all amounts borrowed when you or someone else use your Account (even if the amount charged exc~ds 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. (1f you WIO 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 and add or remove requirements. If a change is made to the Finance Charges section of ! I , I I I , I I ,:! ! I , , i i I I I I 'I I i i , I , 'i i ,I 'I " I I' i I I (Continued on reverse) (5846-0698) 4428471157339242 0730 561 2561 ~~M_ _,' ~l ~ -'-'- I ~ l' . , l~~,- this Agreement, the new finance charge calculation will apply to yoyr entire ~ccount balap.ce from ~e effective d~~of1he Chang~. Changes will apply to balances that include items oosted to ~ Account before the date of the change, and will apply whether or n~t you continue to use the Account. Foreign ExchangelCurrency gonversion. If you use 'your Card for transactions in a curr~ncy other than U;S_ dollars, the transactions will be converted to U,S. dollars, generally using either a (i) g?vemment-mandated rate or (u) who[esale 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 ~y 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 th'e converted amount In U.S. dollars. The Card; C.ancellation. You may cancel your credit privileges at any time by noti~ing us in writing and destroying the Card{s). Upon the Card expiration at the end of the month shown on it we reserve the right not to renew the Card. We may can~el the Card and your credit pnvileges at any time after 30 days notice to you, or without notice if permitted by law. If your Card is cancelled or not renewed, finan~ c~a.rges and ?ther fees will contlnue to be assessed, payments will continue to be due, and all other applicable provisions of this Agreement will remain in effect. If you 'terminate your credit pnvlleges, 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 10 you. Personallnfo~niatio.n; Docum.e.nts. You ~ill provide ~s at least 10 days notice if you change your name, home or mailing address, telephone numbers, employment or income. Upo~ our request, you Will prOVide us addlllQna[ financlallnfor:matlon. We reserve the right to obtain information from others, including credit reporting agencies, and to provide your address and information about your Account t~ ot.hers. We mav also share Information with our affiliates. However vou mav write to us at anv time instructina us not to share credit mformatlon 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. Custome! Se~ice.; Una~orizetl Use, Loss, or Theft of Checks or the Carel. Each Card must be signed on receipt. You are responsible for safeguarding the Card, your Personal Identification Number ( PIN, which prOVides aCcess to Automated Teller Machines) and any checks issued to you from theft, and keeping your PIN separate from your Card.' If you discover or suspect that your C~rd, PIN, or <:tny unused checks are lost or stolen, or that there may be an unauthorized transaction on your Account, you will promptly notify us by calling 1-800.933.7221, So we can Immediately act to limit losses. and liability, you will phone us even though you may also notify us in writing. Your liability for unauthorized use occurring before you notify us is limited to $50. If you report or we ~uspect unauthoTlzed use of your Account, we may suspend your credit privileges until we resolve the problem to our satisfaction or issue you a new Card. If your Card is lost or ~tolen, you Will promptty destroy all checks in your possession. To improve customer service and security, you agree that your calls may be monitored or recorded. Merchant Relatlo~s. We will not be liable if any person or Automated Teller Machine refuses to honor the Carel or accept your checks, or fails to return the Card to you_ We have no responsibility for goods and servIces purchased with the Card or checks except as required by law. (See Special Rule below.) Certain benefits that are available with the Account are provided by third-party vendOIs. We are not responsible for the quality, availability, or results of any of the seNices you choose to use. Stop Payment Orders. If you wi~h to stop payment on a check, you may send us a stop payment order by writing to us at our address for customer service listed on your statement. You can make a stop payment order orally by calling the number listed on your statement., When you make a stop payment order, you ~ust provide your Account number and. specific information about the check: the exact amount, the date on the check, the name of the party to whom It was payable, the name of the person who Signed It, and the check number. You will be asked to confirm an oral stop payment ord~r in writing. W$ mav disreaard vour oral order if w,e do not receiv:e a.sianed written con~rmation within two weeks after the oral order, or if we have not received an adequate descnphon 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 kl act on the order. We may, Without liability, disregard a written slop ~yment 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 cOr1so[idate~ 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 fNery 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 s10len. 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 becaus~ 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 saree to check vour monthlv statements aaainst vour record and to nolifv us immediatelv of anv unauthorized transactions or errors Waiver of Certain Rights. We rnay 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 Iwe, this Agreement and your Account are govemed by lederallaw and by New Hampshire law. This Agreement is a finel 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 [egislation, 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 orsome 01 your payments. II state law requires thai you reeewe 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 shaH be effective when we receive it. YOUR BillING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This notice contains important informauOll about your r~hts and our responsbilitu.. under the Fair Credit Billing Act. Notify Us in Case of Errors 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 Right~ 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 bll[ on which the error or problem appeared. You can telep~one us, but doing so ~ill ~ot preserve your rights. In your I.etter, give us the following In~rmatio~: - Your,name ~nd Account number. -- The dollar amount of the suspected error. - Descnbe the error and explain, If you can why you believe there IS an error. If you need more Information, descnbe the Item you are not sure about. If you have authorized us to pay your credit card 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 con:ected the error by then.. Within 90 days, we must either correct the error Qr 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 delinquent. We 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 not in questio~. 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 amount. In either case, we will send you a statement of the amount you owe and the date that It IS due, If you fal[ to pay the amount we think you owe, we m~ report you as delinquent. However, if our explanation doe_s not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you question your bil[. 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. [f we don1 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 prable.m with the quality of the property or ~ervices that you pu~h~e~ with our.c~dit card and you have tried, in good faith to c.orrect the problem with the merchant, you -may not have to pay the remaining amount due on the goods or servIces. 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 services, 1:1. , , ---" _ , ':';. 1,_"" .1: _'~f ,,'~" "'c"",'", ,,\ ''-': :'--'0 '",CO"~ c"" - ,0"'- '~'l' ,"" , ",-,;,0;, , VERIFICATION I, , 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. M~EDON Designated Agent Date '~i"'o~' if~~ ~"""'-~'~diUt~ ---...- r, , . . . ~, 8""" ~,_ __~ "M' _,<.~_"<~,",' ~~'....,,: ,;'., ~, ~ ~". "'- ",,,. ". ". "-',',,.c, ",. ." ~. .~~ ~- '. 0 a 0 c 0 ., G -€Q.. <- ~ '---1 .,,,," :.~~ 8 (\J ~ ~ -orn co nlr::'l .J~ ~ Z:::o -c;~ ~ Cf? ~. 655~, -;-'0 - "-'c::; ; J 0 a -< ~"":_' ::::;C) ~\"'..1 -r'. ,..-, = ".--'-, C\ ~ 0 >0 =iili: 'to '- '-~J om >'--' ~ I I C -c-J .!::d z c:> ~ ~ ~ =< (]"I -< ~ !Wi m' " d,._1 H ,>, ".'~!?;:, SHERIFF'S RETURN - REGULAR CASE NO: 2000-08037 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS PLANTZ JOAN E 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 PLANTZ JOAN E the DEFENDANT , at 0017:34 HOURS, on the 27th day of November, 2000 at 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 by handing to JOAN PLANTZ 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 l8.00 9.30 .00 10.00 .00 37.30 So Answers: r~~"~~ R. Thomas Kline 11/28/2000. PARK LAW ASSOC Sworn and Subscribed to before By: me thi s j..J-' day of c2 o--v-o A.D. Q.n~ rothonotary . -'-" ~~"~ . \ , 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 ~~ -J~~ '- . ~ ,-. - '" ~', I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 9 E BEALE AVE ENOLA, PA 17025-2804 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS JOAN E PLANTZ Defendant NO. 00-8037-CV PRAECIPE FOR JUDGMENT BY AGREEMENT TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the Defendant named in the attached Praecipe for Entry of Judgment by Agreement attached hereto and made a part hereof as Exhibit "A". $9,771.29 PLUS ADDITIONAL COSTS PARK LAW ASSOCIAT~"...p:- C. ~/ VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff , -2{~~' Judgment (l/j~;) k- #r. PROTHONOTARY AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST AT 16.40% PER ANNUM FROM 07/14/2000 LESS PAYMENTS MADE TOTAL AND NOW, . b.. " entered as above. 1/ $7,959.37 $1,353.09 $718.83 ($260.00) is THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. - -, l,-,_,I (., ," '1liJ' , . " . c . 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS OOoz~ 41 ;: :130 JOAN E PLANTZ Defendant NO. 00-8037-CV PRAECIPE FOR ENTRY OF JUDGMENT BY AGREEMENT TO THE PROTHONOTARY: Please enter Judgment by Agreement this day of 2000. It is hereby agreed between the parties that Judgment be entered in this action in favor of Plaintiff, PROVIDIAN NATIONAL BANK, and against Defendant, JOAN E PLANTZ , for the principal amount of $7,959.37 plus interest at 16.40% per annum from 07/14/2000, until judgment is entered plus attorney fees of $1,353.09, less payments of $260.00 plus court costs. PARK LAW ASSOCIATES, P. C ~/ . / BY: VALERIE ROSENBLUTH PARK, ESQUIRE Attorney JOAN ,,~mur ~ "-' :"aoii1!~..-.t1\ti,~;ll;illi:JiljJl!~" .u-_ "I' Lli1:ltf.i1.~( ~f.l>""'''''.iib,.L'''",~. "~L1"i!tli:S.Mf'~~:W:fJjlll1L' , ]l!.- . "'~ ~ ~~ ~ 8 ~ ~ ~ ~ t ~ ~ t ~ ~ ],11 ," <.,.~ =.~.. 0.. -~ , - ~, ~.,"-, , " -< "' ~ - Ifill III A V o ~" -oce rrliTi ~~~.. ~C; ~j;; ,...-.., "->c, be PC z ---j -< ,'C. .' , o '';; ~ .. , . '- 'w ~,.. -0 C) "~:;:~) (=sr"n ~ -< ::~~: r.- CJ1 ~ "0 I 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS. JOAN E PLANTZ Defendant NO. 00~8037-CV NOT ICE 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: { } Judgment by Default { } Money Judgment { } Judgment in Replevin { } Judgment in Possession { } Judgment on Award of Arbitration { } Judgment on Verdict { } Judgment on Court Findings {x} Judgment by Agreement IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: PARK LAW ASSOCIATES, P.C. at this telephone number: (2l5) 348-5200. J III lor PROTHONOTARY, ~ (]M-L ~~_ THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.