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HomeMy WebLinkAbout00-08138 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. BERNARD E BUSCHER Defendant NO. 00 - J'/2,P CL, l 't~ 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. 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#:4217021681202252 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS BERNARD E BUSCHER 323 W. FIRST ST. BOILING SPRINGS, PA 17007 DEFENDANT NO. (}-O, ?{3IJ' G:"-,,--t~w~ 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, BERNARD E BUSCHER, has a mailing address at 323 W. FIRST ST., BOILING SPRINGS, PA 17007, 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 4217021681202252. 4. The Defendant requested an account, 4217021681202252, which is owned by the Agreement was sent to the Defendant. A attached hereto as Exhibit "An 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 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 $13,927.41 as of 08/23/2000, plus pre-judgment contractual interest at the rate of 7.99% 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 $2,367.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $13,927.41, plus pre-judgment interest at the contractual rate of 7.99% per annum from 08/23/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,367.00, 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. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $13,927.41, plus pre-judgment interest at the contractual rate of 7.99% per annum from 08/23/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,367.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. 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. VERIFICATION I, HFAT!-IFR KOQREMAN , 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 of California. Date Designated :1:'- 1'~ JifjPROVlDlAN ~/ Final/cia/ ~-~~.~~~~~~~~~~~~~~ _,,___"__~_..o...l~~~'" _--'______ ^___ '-----.......... Providian National Bank VISA@orMasterCarcl@ Account Agreement for Bernard E Buscher July 25. 2000 ~:XI-lIEUT ;t .~---~~-.;.2=--=-..." o:u__, Please review this document and keep it with your other importantpapers This Account Agreement contains the terms which govern your Provldian National Bank VISA or MasterCard Account, (the "Accounr), The AccC)unt arrows you to make purchases by USing your VISA or MasterCard card (the "Card") wher~ver It IS honored and to get cash ad~ances from u~, or ~,ny ot~er ~rtlclfJatmg financial institution and frCJm Automated Teller Machines. Convenience checks may also be prOVided to you as an additional way to use the Acc.aunt. In thiS Ag~eement, you and your mean each person for whom WE; have opened a credit card Account. "We," "our," "ours," and "us" mean Provldlan 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 busrness or commercial purpose Any use of thiS Account shall constitute acceptance of the terms of thiS Agreement You and we agree as follows Payments. You will receive a monthly statement shOWing your outstanding balance, Payment on Ihis 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 follow when we post 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 other account you have with us or our affiliates_ The payment due will be- 2% of the 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 creditlrne_ However, the payment due will not be less than $15 (unless your new balance IS les.s than $15, In w~lch case the payment due Will be the amount of the new balance), If your Account IS past due or above the credit lme_ we may require a higher mrnlmum payment, but we Will notify you before dOing 50_ If your payment IS more than the payment due" it WIll be treated as'a srngle payment and none of It Will be applied to future payments due. We may accept late or partiaJ payments, or payments marked "paId in full" or marked with other restrictions, withoutlosrng our right to collect all amounts owmg under thiS Agreement Finance Charges: Except as descnbed m the Grace Period for Purchase Balance section of this Agreement, finance charges begin to accrue on a deb)t when it is in~lu,ded in one of your daily balances and continue ufltilthat balance IS reduced by a payment or credit. Your Account has the following balances_ The Purchase Balance, which consists of your eXlstmg Purchase Balance and new purchases you make with your Card and fees for certain optional "ervlces; one or more Custom Cash Advance Balances, which consists of balances that you transfer to your Account using balance transfer checks and balances that we transfer for you; and the Cash Advance Balance which consists of all other cash advances and cash advance trans.actlon fees, Any payment amount we receive that €!xceeds the finance charges and fees then due Will ordinanly 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 dale 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 Automaled 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 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 day of the billing cycle, There IS no grace period for custom cash advances or other cash advances To figure the dally 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 dally periodiC rale (see following paragraphs), The finance charge for each type of Balance is then added to and included Illlhat day's Balance. We treat a credit balance for any day as zero We determine Ihe total finance charges on balances for the billing cycle by adding together the finance charges fot each type of Balance for each day Within the billing cycle. In calculating finance charges, an adJustment will be made for any transaction orpayment that would have affected the finance charge calculation in a prior billing cycle had II 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 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 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 f:Jercentage 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 mimmum payment The ANNUAL PERCENTAGE RATE (APR) for purchases is 7.99%, corresponding to a daily periodic rate of 0.02189% You can arrange to hav~ a variable APR (not below 7,99'10) 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 vanable, based on Prime Rateand will take effect in the billing cycle followmg 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 21,99%, corresponding to a dally peflodic rate of 0,06025% The ANNUAL PERCENTAGE RATE for cash advances is 21,99%, corresponding to a daily periodic rate of 0,06025%, If we receive your AccolJnt 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 23.3% (corresponding to a dally periodic rate of 0,06384%), and increase the APR for cash advances and custom cash advances up to maximum of 23.3% (corresponding to a daily penodic 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 department and, at your request, we will review your Account for a possible APR reduction, If at this time the APRs in your Account have alre~dy increased because you did not meet the existing terms of your Account Agreement, your existing APRs will continue to apply, If you meet all terms of thiS Agreement for 3 consecutive 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 purchases posted to your Account in billing cycles with no previous balance, or when the previous balance was fully paid during the cycle, do not begin to Incur a finance charge until the start of the next billing cycle, Yau will pay no finance charge on such new purchases if you pay the total new balance in full by the payment due date!:ihown on your stafement New pl1r-chases posted in any other billing cycle incur a finance charge, and fhere is no period in which such purchases may be repaid Without Incurrmg a finance charge, Fees. We may charge your Account $0 for: each Card you ask us to replace; each returned payment; each check you write on your Account that we return unpaid; each stop payment order or renewal of su~h an order; each billing cycl~ within ,v.:hich your Account is delinquent (late charge); and each billing cycle within which your balance ex~eeds your credit line (overlimit 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 $2 for each such copy, If you request that we make a one-time automatic payment fro,m yo~r 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 available 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 institutjons, and ATMs Wire transfers, money orders, lottery tickets, casino gaming chips, and SImilar transactions. ' ~efault. Y~u will be in default: if any information yo~ provided us prov~~ tO,be incomplete o~ untrue; jf y,ou do n~t cOl!lply with ~ny part of this Agreement; upon your death! bankruptcy, or Insolvency; If you do n?f pay other debts when due; If a bankruptcy petllton IS filed by or against you; 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, wltho~t further demand or notice, cancel your credit privileges, declare your Account balance immediately due and payable, and use any remedy we may have, In the event of yC)ur default, the outstanding balance on your Account shall continue to accrue mterest at the APR(s) disclosed in the Finance Charges section of thiS Agreement even if we have filed SUIt to collect the amount you owe, ' Credit Line. Yl1Ur ,cr~dit line is specified from time to time in a separate notice. Your monthly statements show your credit line and the amount of your available credit. We may increase or ~ecrea,se your cre?lt line based on information we obtained from you or your credit records, Your available credit is normally the difference between your credit line and your Account balance (rncludlng transactions made or authorized but not yet posted). If you send us a large payment check, we may limit your available credit while we confirm that the check 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 al~ amounts bo~rowe~ whe~ you or som.e~ne else use your Account (even if the amount charged exceeds your permission), all other transactIons and chargE;s to your Account, and coUectlon costs we 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 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 (Continued on reverse) (5846~0698) 421702168.1202252 1528 208 Z561 this Agreement, the new finance charge calculation will apply to your entire Account balance from the effective date of the change. Changes will apply to balances that include items oosled to ~ Account before the date of the change, and will apply whether or not you continue to use the Account Foreign Exchange/Currency C()nversion, If you useyour Card for transactions'ln a. currency other than U,S, dollars, the transactions will be converted to U.S. dollars, generally using eit~er a (i) government-mandated rate or (il) 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 by 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 converted amount In U.S. dollars __,J- The Card; Cancellation. You mCiy cancel your credit privileges at any time by notifying us in writing and destroying the 9ard(s). Upon the Card .exp.iration at the end of t~~h shown on it, we reserve the right not to renew the Card. We may cancel the Card and your credit priVileges at any time after 30 days notice to you, or without notice If permitted by law If your Card IS cancelled or not renewed, finance charges and other fees Will continue 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 privileges, 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, Personal Information; Documents. You will provide us at least 10 days notice if you change your name, home or mailing address, telephone numbers, employment or income. Upon our request, you will provrde us additional financial information We reserve the, right to obtain informatIon from others, IncludIng credit reporting agencies, and to provide your address and Information about your Account to others, We may also share Information With our affiliates. However vou mav write to us at anv time Instructmo us not 10 share credit Informahon With our affHlates. If you do not fulfill your obligations undl3r thIS Agreement, a negative credit report thai may reflect on your credit may be submllled to the credit reporting agencies. Customer Service; Unauthoriz~d Use. Loss, or Theft of Checks or the Card. 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 Card, PIN, or any unused checks ,are lost orstolen, 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 occurnng before you notify us IS limited to $50. If you report or we suspect unauthorized use of your Account, we may suspend your credit privileges until we resolve the problem to our satisfaction or Issue you a new Card. If your Card IS lost or stolen, you will promptly destroy all checks in your possession, To improve customer service and security, you agree that your calls may be monitored or recorded. Merchant Relations. We will not be liable if any person or Automated Teller 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 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 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 aboutlhe check: the exact amount, the date on the check, the name of theparty to whom It was payable, the name of the person who Signed It, and the check number, You wllf be asked 10 confirm an orar slop payment order In writing, We may disreaard your oral order If we do not receive a sloned 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 ro 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 thi~ 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 mechamcally without our necessarllYTevlewrng every Item, Our processing system will call olJr attention to certain Items which we will examine, We will examine all transactions when you report that your Card or checks have been lost or stolen. We do not intend ordinarily to examine 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 vour monthlv statements aaainst vour record and to nollfv us Immedlatelv of any uhauthorlzed 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 fight 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, this Agreement and your Account are governed by federal law and by New Hampshire law, This Agreement is a final expression of the agreement between you and us and may not be contradicted by eVidence of any alleged oral agreement. If any provision of this Agreement ,IS held to be Invalid or unenforceable, you and we will conSider that proviSion modified to conform to applicable law, and the rest of the provIsions in the Agreement will sl1ll be enforceable, At any time after we determine In good faith that any proposed or enacted legislation, regulatory action, or judicial decision has rendered or may render any material provisions of this Agreement invalid or unenforceable, or impose any Increased tax, reporting requirement! or other burden In connection With any such provision or Its enforcement, we may, after at least 30 days notice to you, or without notice if permttted 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 <?- 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 RIGHTS OR KE~P THIS NOTICE FOR FUTURE USE. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act NatifyU~ in Case of~"ars,orQuestions Abaut Your Bill. If you think your bill is wrong or if you need more information about any transaction on your bill, write us on a separate 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 u~, 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, lfyou need more Information, describe the item you are not sure about. If you have authori~ed 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 letler 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 letlerwithin 30 days, unless we have corrected the error by then. Withm 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 delinquent. We can continue t? bill you for the amo~ht you queslion, 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 Investlgatmg, but you are stili obligated to pay the parts of your bill that are not in quesl10n lfwe find that we made a mistake on your bill, you will not have t.o pay any finance charge related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you Will h~ve to make up th~ 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 fail 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 still refuse to pay, we must tell anyone we report,You to that you question your bill, And, we must tell you the name of anyone 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 far Credit Card Purchases. If you have a prob.lem with the quality of the property or services that you purchased with our credit card and you have tried in good faith to correct the problem With th: mercha~t, you may not have to pay the remamlng amount due on the goods or services. There are two limitations on this right: (a) you must have made the purchase in your home state, or If not Within your home state, wllhm 100 mires of your current mailing address; and (b) the purchase price 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. .:; 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. BERNARD E. BUSCHER Defendant NO. 2000-08138 PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly discontinue the above captioned matter without prejudice upon payment of your costs. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ATTORNEY FOR PLAINTIFF /1 00" V/ '------" ESQUIRE SHERIFF'S RETURN - NOT SERVED CASE NO: 2000-08138 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS BUSCHER BERNARD E R. Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for , to wit: the within named DEFENDANT BUSCHER BERNARD E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT SERVED , as to the within named DEFENDANT , BUSCHER BERNARD E DEFENDANT IS DECEASED. Sheriff's Costs: Docketing Service Not Served Return Surcharge 18.00 3.10 5.00 10.00 .00 36.10 So an~~f~~,/? ~<~; ~. ,c:j/ .~~... /7. /;:::::C-~c;.?" R/ THOMAS KLINE SHERIFF OF CUMBERLAND COUNTY PARK LAW ASSOCIATES 11/30/2000 Sworn and subscribed to before me this nIL. day of AQ-uJ~ .~-ou A.D. C tt~~ t2fk./hv ~ Proth notary . 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 CO~~ON PLEAS TP~ ~>: CO...V FR"'nA lM>l'"C I. '''"~ 0", r" 0 vm n;r:,OORD i'~~ I ~l~"'''' "17 ,. " . j , ~ ;l!.;'~ ~ "3~~W S~~' n~: n~~Jd ~~~~ iJ~ Sf]~ii Cr~~'l _'J1 f~~.::!!r";~ ~'':: ~:~ 1!'''};;:'- da1 <'" '~fo' ~~ '-- 0"-.. p . ~"f.. ) . onotaly PROVIDIAN NATIONAL BANK Plaintiff VS. BERNARD E BUSCHER Defendant NO. co-flip C[u[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 pe~sonally or by an attorney and filing in writing with the Court your defenses or obj ections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT. AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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#:4217021681202252 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS BERNARD E BUSCHER 323 W. FIRST ST. BOILING SPRINGS, PA 17007 DEFENDANT NO. 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, BERNARD E BUSCHER, has a mailing address at 323 W. FIRST ST., BOILING SPRINGS, PA 17007, . 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 4217021681202252. 4. The Defendant requested an account, 4217021681202252, which is owned by the Agreement was sent to the Defendant. A attached hereto as Exhibit "AU 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 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 $13,927.41 as of 08/23/2000, plus pre-judgment contractual interest at the rate of 7.99% 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 $2,367.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $13,927.41, plus pre-judgment interest at the contractual rate of 7.99% per annum from 08/23/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,367.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT 1- 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. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $13,927.41, plus pre-judgment interest at the contractual rate of 7.99% per annum from 08/23/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,367.00, 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. VERIFICATION I, HFATHFR KOORfMAN , 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 of California. Date ',':: / -~~""~' ~'~'. ',~ U~PROVIDIAN ~/ Financial ._~~.~......~..~~.~ '---' Providian ~lalional Batik VISA@ or MaslerCard@ "'., \' H I BIT Account Agreement for Bernard E Buscher . ff. Ju\, 25 2000 ~ 1\ A: Please review this document and keep it with your other important papers_ This Account Agreement contains the terms which govern your Providian National Bank VISA or MasterCard Account. (the "Account"), The Account allows you to make purchases by uSing your VISA or MasterCard card (the "Card") wherever it is honored and to get cash advances from us or any other participating financial Institution and from Automated Teller Machines_ Convenience checks may also be prOVided to you as an additional way to ~se the Acc.ount, In this A9~eement, .you" and 'your" mean each person for whom we have opened a credit card Account. "We," "our," "ours." and "us" mean Prov,dian National Bank or Its assignees, as listed on xour billing stateme,nt The Account may be used only for personal, family, household, and charitable purposes, and not for any business or commercial purpose. Any use of this Account shan constitute acceptance or the terms of thiS Agreement You and we agree as follows. Payments. 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 the rules we follow when we post 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 other account you have with us or our affiliates. The payment due will be: 2% of the new balance shown on your statement plus th~ amount Qf any past d.ue payment, and may include the amount by which the new balance exceeds your credit line. However, the payment due will nol be, less than $15 (unless your new balance 1S less than $15, In which case the payment due Will be the amount of the new balance). If your Acco'unt is past due or above the credit line, we may requIre a higher minimum payment, but we will notify you before doing so. If your payment is more than the payment due" it 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 our right to collect all amounts owing under thiS Agreement Finance Charges: Except as deSCribed _in the Grace Period for Purchase Balance section of Ihis Agreement, finance charges begin 10 accrue on a debit when it is included in one of your daily balances and conllnue 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 and new purchases you make with your Card and fees for certain optional ~ervlces; one or more Custom Cash Advance Balances, which consIsts of balances that you transfer to your Account using balance transfer 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 receive that exceeds the finance charges and fees then due will ordinarily be applied first to the Balance with the lowest Annual Percentage Rate (AP~), until that Bala~ce 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 poste~ Purchases are included in your Purchase Balance as of the dale made. Custom cash advances are included in your Custom Cash Advance Balance as follows: funds electronically transmilled 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 toyour Purchase, Custom Cash Advance, and Cash Advance Balances each day and are then posted on the lasl day of the billing cycle. There IS no grace periOd 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 dally penodic 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 tl1e 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 Iransaclion or payment thai would have affected the finance charge calculation in a prior bjJJing cycle had J! 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 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 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 7.99%, corresponding to a daily periodic rate of 0.02189%. You can arrange to have a variable APR (not below 7.99%) 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 21.99%, corresponding to a daily periodic rate of 0.06025%. The ANNUAL PERCENTAGE RATE for cash advances is 21.99%, corresponding to a daily periodic rate of 0.06025%. 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 23.3% (corresponding to a daily periodic rate of 0.06384%), and increase the APR for cash advances and custom cash advances up to maximum of 23.3% (corresponding to a dally periodic 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 department and, at your request, we will review your Account for a possible APR reduction. If at this ti~e the APRs in YOUt Account have alreE!dy increased because you did not meet the existing terms of your Account Agreement, your existing APRs will continue to apply. If you meet all terms of thl~ Agreement for 3 consecutive months and Xou contael our Customer Service department, we will review your Account for a possible APR reduction. Starting July 2000, however, the APRs descnbed 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 was fully paid during the cycle, do not begin to incur a finance charge until the start of the next billing cycle. You will pay no finance charge on such new purchases if you pay the tolal new balance in full by the payment due date shown on your statement. New purchases posted in any other billing cycle incur a finance charge, and there is no period in which such purchases may be repaid without incurring a finance charge. Fees. We may charge your Account $0 for: each Card you ask us to replace; each returned payment; each check you write on your Account that we return unpaid; each stop payment order or renewal of su~h an order; each billing cycle within which your Account is delinquent (late charge); and each billing cycle within which your balance exceeds your credit line (overHmit fee), even if your Account IS c1ose.d. 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 $2 for each such copy, If you request ~hat. we make a one-time automatic payment fro.m yo~r 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 available In your personal checking account to make the payment. We may charge a transaction fee of 3% (minimum $5), which is a on~time FINANCE CHARGE, on the amount of each cash advance, including cash from financial institutions, and A TMs wire transfers, money orders, lottely tickets, casino gaming chips, and SImilar transactions. ' pefault. Y~u will be in default: if any information yo~ provided us prov~ to.be incomplete o~ untrue; ify.ou do n'?t cor:nPly with ~ny part of this Agreement; upon your death! ba.nkruptcy, or Insolvency; If you do n?t pay other debts when due; If a bankruptcy petlllon IS filed by or against you; or If we beheve In good faith that you may not payor perform your obligations under this Agreement If you are In default we may, witho~t further demand or notice, cancel you~ credit privileg~s, declare your Accoun.t balanc~ immedjately due and payabl~, and u~e any remedy we may have. In the .event of your default, the outstanding balance on your Account shall contmue to accrue Interest at the APR{s) disclosed In the Fmance Charges section of thIS .ll.greement, even if we have filed SUit to collect the afnount you owe. Credit Line. Y~r .cr~dit line is specified from time to time in a separate notice. Your monthly statements show your credit line and the amount of your available credit. We may increase or ~ecrea.se your cre<;Jlt lIne based on information we obtained from you or your credit records. Your available credit is normally the difference between your credit line and you.r Account balance (lflcludlfl.9 transa~llons mad~ ()r authorized but no~ yet posted). If you send us a large payment check, we may limit your available credit while we confirm that the check 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 al! amounts bo~rowe~ whe~ you or so~e,?ne else use your Account (even if the amount charged exceeds your permission), all other transact~ons and charges to Y\Jur Account, and collecllon costs we Incur \flcludlng, but not limited to, reasonable attorney's fees and court costs. (If you win Ihe suit, we will pay your reasonable allorney s fees and court cosh) 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 (Continued on reverse) (5846-0698) 4217021681202252 1528 208 Z561 this A'Jreement, I~e new finance charge calculation will apply to your entire Account balance from the effective dale of the change. Changes will apply to balances that include items Dosted to ~ Account before the dale of the chanoe, and wi!! apply whether or nol you continue 10 use lhe Account. Foreign c."'ChangeICurrency (;onversion. If you use your Card for lransaclion~ in J ct:rrer.cy other than U.S. dollars, the transactions will be converted to U.S, dollars, ~enerally using either a (i) government-mandated rate or (II) wholesale market rale In effect the day before the transaction is processed, increased by three percent (3%). If a crecllt is subsequently gIVen for a transaction, il will oe decreased by 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 converted amount In U.S. dollars. ___ The Card; Cancellation. You may cancel your credit privileges at any time by notifying us in writing and destroying the Card(s). Upon the Card expiration at the end of tnem;rt"h shown on it, we resef\le the right not to renew the Card. We may cancel the Card and your credit privileges at any time after 30 days notice to you, or without notice if permitted by law. If your. Card is cancelled or not renewed, finance charges and other fees will continue 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 privileges, 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. Pertonallnformation; Documents. You will provide us at least 10 days notice if you change your name, home or mailing address, telephone numbers, employment or income. Upon our request, you will provide us additional finanCial information_ We reserve the fight to obtain information from others, Including credit reporting agencies, and to provide your address and information about your Account to others. We mav also share information with our affiliates. However vou mav write to us at anv time Instructina us not to share credit information with our affiliates. If you do flat 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 Service; Unauthorized Use, Loss, or Theft of Checks or the Card. 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. lf you discover or suspect that your Card, PIN, or any 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 unauthoflzed use occurring before you notify us is limited ~o $50. If you reporl or we suspect unauthorized use of your Account, we may suspend your credIt privileges until we resolve the problem to our satisfaction or Issue you a new Card. lf your Card IS lost or stoll:n, you will promptly destroy all checks in your possession, To improve customer sef\lice and security, you agree that your calls may be monitored or recorded. Merchant Relations. We will not be liable if any person or Automated Teller Machine refuses to honor the Card or accept your checks, or fails 10 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 vendors. We are not responsible for the quality, availability, or results of any of the sef\lices 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 ma~e 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 ~escrrption 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 tu 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 nol 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 oUT allention 10 certain items which we wi!! examine. We will examine aU transactions when you report that your Card or checks have been lost or stolen. We do not intend ordinarily 10 examme 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 Accounl. Because of aur limited reView, and because neither your cancelled checks nor Card transaction slips will be returned to you with the monthly statement, you ~hould be careful to enter all checks in your check regIster or otherwise keep a record af them. You should also save your credit card cash advance and purchase slips. You aaree to check vour monthlv statements aaainst vour record and 10 notify 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; Assignment. No matter where you live, this Agreement and your Account are governed by federal law and by New Hampshire law. This Agreement is a final expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement. If any provision of this Agreement is held to be invalid or unenforceable, YOl.1 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 aflerwe determine in good fai1h !hal any proposed or enacted legislation, regulatory a~tion, or judicial decision has rendered or may render any materia! 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 rnay give you such notice by filing ~ 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 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 II. YOUR BILLING RIGHTS -- KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of E"or.s or Questions About Your 8l11. If you think your bill is wrong or if you need more information about any transaction on your bill, write us on a separate 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 apf:Jeared. 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 sU~pected error. -~ Describe the error and explain, if you can why you believe there is an error. If you need more information, describe 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 rea.ch us three business days before the automatic payment is scheduled to occur. Your Rig~ts and Our Responsibilities After We Re.celve Yo"!r Written Notice. We mus~ acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we ~ust elth:r 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, Ot report you as delinquent. We can coMnue t? bl!' you for 1ne amount you question, including finance charges, and we can apply any unpaid amount against your credit fine. You do not have to pay any questioned amount while we arE: InvesllgatlOg, but you are stili obligated to pay the parts of your bill that are not in question. If We find t_hat we made a mistake o.n your bill, you will not have t.o pay any finance charge related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you Will h~ve to make up the missed payments ~n the questIoned a~ounl. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount we think you owe, we may rep~rt you as .debnquent. However, If OUf explanation does not satisfy you and you write to us within 10 days telling us Ihat you still refuse to pay, we must tell anyone w,e report. you to that you question your bIll. And, we must tell you the name of anyone 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 R~le for Credit Card Purchases. If you have a prob.le.m with the quality of the property or sef\lices that you purchased with our credit card and you have tried in good faith to correcl the problem With th.e merchant, you may not have 10 pay the remaining amount due on the goods or services. There are two limitations on this right: (a) you must have made the purchase in your home state, or If not within y.our hom~ state, within 100.miles of your current mailing address; and (b) the purchase price 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. ;'6