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Home My WebLink About00-08139 -, 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. TINA M BOWERS Defendant NO. 00 - eftS? Ci[);C'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 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#:4168512603121306 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS TINA M BOWERS 2020 GOOD HOPE RD ENOLA, PA 17025-1237 DEFENDANT NO. (]v Y j JC) C;,.~7;'<4..J CIVIL ACTION 1. The Plaintiff, PROVIDIAN NATIONAL BANK, is a national banking association organized and existing under and by virtue of the laws of the United States of America. plaintiff solicits and maintains consumer credit accounts in Pennsylvania and is the owner of this account, which is the subject matter of this action. 2. The Defendant, TINA M BOWERS, has a mailing address at 2020 GOOD HOPE RD, ENOLA, PA 17025-1237. 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 4168512603121306. 4. The Defendant requested an account, account number 4168512603121306, 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 "AU 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 $3,489.32 as of 08/28/2000, plus pre-judgment contractual interest at the rate of 21.90% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $593.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $3,489.32, plus pre-judgment interest at the contractual rate of 21.90% per annum from 08/28/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $593.00, 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. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $3,489.32, plus pre-judgment interest at the contractual rate of 21.90% per annum from 08/28/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $593.00, 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. 'E"tJ J",; 118fT -- Membership Request Certificate Complete ;his short fann and "rlia;:y 1, 19&tl YES. I'd like th~ Gold Rrst Se! l. , ') - 1 ,: I~ . VI' MI indicat~d below). r <l!l:n:e 10 be bound by the Account A~.......~... . a}" principal. int('re.t al'ci intcre.1 thereon except that I will have no obligation if [return the (hl'i:l.. ,mJ (,mIls) unu~.J "ftl'T n'vlcwin~ the Account Agreement. A $3,000 Preferred Credit Line is Reserved for: .\ '," f \ \',\:'\Tina II. ilovers 'il 2460 Pishing Creek Harrisburg, PA 17112-9635 ,1-:::.._ . , 17/7 Bu'm.....,l'h.>nt' , .' ' ,/ ,") [j ~ c..j Annu..l huu"..h"IJ inn,me i,. I l~llll /,.' .--< .--- j =V.,J..rS15,OOO ::S15.000-1018.-IO'l r:~18.~~o.nQ.9'N 331G2 C'IS81 EDS12---'-:':~- ':"";',-,: ..:;:. .J.O(lv-SZ-l..Q"Q CS:!5.0(lQ.HQ,QQQ 01oJ0.o00&uVl.'r HE~1 La:'~llA?& i.::B.? pt'nl ::.: Own Homt' .:\_ (.f-"'" \ . '~/)I ~ .:.~/~' rll'd","i~,ul.J~"c"nd~.Jrd,>nmrilcc(lunl(.Itnoc"lrdch.U'ge)inlhe c _~ _.t..-...~_____ n.lm.",l '''j.:r,'_',r.. t2flJ-,"i7.1 -()7qs:~_.__ c: ,...;..1 s....llrlt) : ...mbt-r Fin.i-' ~hddl~ h"Ii.,l La,! -. .. l // (' ( (('~/ ,-..----.- PrP.;p!'lo,'ed credillimil: $3,000 For a cash advance of more than $1,000 simply indicate the amount you want by placing the correct sticker over tile box below. It no sticker is used, your casll advance will be $1,000. I would like $ a check for ;'i 1--/1&'3- 51;)&' O?J;), fYJ'; -'L ~ ., , , Ii ;-~:'__.L.' Q.b I j - PA~ ~~'- '1~~1 iI~)PROVIDIAN ~/ F' '/ Inanew ..~...~...~....~..l \~ .., I . , <"--~ Provldian j'-lational Bank VISA@orMasterCard@ Account Agreement for Tina M Bowers ~'.' H. 11." IT' July 25, 2000 .~ m /l;; ,I h._II ,_.-- Please review this document and keep it with your other Imporlantpapers_ This Account Agreement contains the lerms which govern your Providian National Bank VISA or MasterCard Account (the "Account'} The Account allows you to make purchases by usmg your VISA or MasterCard card (the "Card") wherever It IS honored and to gel cash advances from us or any other participating finarlClallnstllulion and from Automated Teller Machines. Convenience checks may also be provided to you as an additional way to use the Account In thiS Agreement, "you" and "yaw" mean each person for whom we have opened a credit card Account "VVe," "our," "ours," and "us" mean Provldlan National Bank or Its assignees, ~s listed on xour billing statement. The Accoun! may be used only for personal, family, household, and charitable purposes, and not for any business or commercial purpose. Any use of thiS Account shall constitute acceptance of the terms of thiS AgrE!ement. 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 mak.e 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 of any past due payment, and may Include the amount by which the new balance exceeds your credit line, However the payment due Will not be less than $15 (unless your new balance _'s less than $15, In whIch case the payment due wl!1 be the amount of the new balance), If your Account is past due or above the credit Ime, we may require a higher minimum payment, but we Will notify you before domg so. If your payment IS more than the payment due" It will be treated as a smgle payment and none of it will be applied to future payments due_ We may accept late or partial payments, or payments marked "paid m full" or marked With other restrictions, Without losing our right to collect all amounts owing under this Agreement Finunce Charges. Except as described in the Grace Period for Purchase Balance section of thIS Agreement, finance charges begin to accrue ~ a debit when it is included in one of your daily balances and contmue until that balance is reduced by a payment or credit, Your Account has the follOWing balances: The Purchase Balance, which consists of your eXisting Purchase Balance and new purchases you make with your Card and fees for certal[] optional services; 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 ordinanly be applied first to the Balance With the lowest Annual Percentage. Rate (AP~), until that Sala.nce IS zero, and theh to the Balance With the next lowest APR, until that Balance IS zero, and then to any remaining Balance, We reserve the fight 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 postedo: Purchases are included in your Purchase Balance as of the date made_ Custom cash advances are mcluded In your Custom Cash Adva~ce Balance as follows: funds electronically transmitted to other lenders to transfer bali3nces, as of the date transmilled; checks to transfer balances, as of the date presented to us_ Other cash advances are included in y~ur Cash Advance ~alance as follows: cash advances frorn other financial Institutions and through Automated Tellers, as of the date made; cash advance checks made payable to you that are Identified as cashiers 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 daily finance charge for each type of Balance, we start with your previous day's Balance, add all debits and subtract all credits for the current day and multiply the net amount by the applicable daily periodic rate (see following paragraphs)_ The finance charge for each. type of Balance is then added to and Included In that day's Balance. W~ treat a c~€:dit balance for any d~y as zero, We determine the total finance charges on balances for the billing cycle by adding together the finance charges for each type ~f Balance fc:r each day wlthm the billing ?ycle. In calculatll1g finance charg,es, an adjustment will be made for any transaction or payment that would have affected the finance charge c?lculatlon In a prior billing cycle had It been posted In that cycle. The apPlicable dally pen odic 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 1he 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 obtam subtotals, and then add the subtotals together to determine your total finance charges on balances for the billing cycle. The term "Prime Rate" as used in the Agreement means the highest prime rate published in the WaJl Street_Journal on the first business day of the previous calendar month_ Any increase or detrease In the Annual Percentage Rate will take effect on the first day of your billing cycle and may result In a slight increase or decrease in the amount of your minimum payment. The ANNUAL PERCENTAGE RATE (APR) for purchases is 21.9%, corresponding to a daily periodic rate of 0.06000%. The ANNUAL PERCENTAGE RATE for cash advances is 21.9%, corresponding to a daily periodic rate of 0.06000%. We reserve the right to change the Annual Percentage Rate calculations if you do not comply with the terms of this Agreement. 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 fmance charge unlilthe start of the next billing cycle. You will pay no finance charge on such new purchases if you pay the total new balance in full by the payment due date shown on YOUr statement. New purchases posted in any other billing cycle incur a finance charge, and there is no period in which such purchases may be repaid without incurring a finance charge. Rebate. On the last day of each monthly statement period we will credit your Account with 1%.of your net purchase transactions posted during the statement period. "Net Purchase Transactions" means Card purchases, less purchase adjustments and purchase credits posted durmg the penod. 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 such 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 {overJJmit 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 th<:it we make a one-time automatic payment from your personal checking account, we may charge your credit card account a fee of $4.95 for each request. This fee is a FINANCE CHARGE, and It will apply regardless of whether funds are available m your personal checking account to make the payment. pftfault. Y01 will be in default if any information you provided us proves to be incomplete or untrue; if you do not comply with any part of this Agreement; upon your death, bankruptcy, or Insolvency; If you do not pay other debts when due; if a bankruptcy petition 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, without fut1her 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 your 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 sui! to collect the amount you owe. Credit Line. Your credit 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 Of decrease your credllline 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 (Including 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 all amounts borrowed when you or someone else use your Account (even if the amount charged exceeds your permission), all other trr;msactlons and charges to your Account, and collection costs we incur including, but not limited to, reasonable allorney'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 Ihis Agreement and add or remove requirements. If a change is made 10 the Finance Charges section of Ihis 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 posted to ~ Account before the date of the chanae, and will apply whether or not you continue to use the Account. F()reign ExchangefCurrency Conversion. If you use your Card for transactions in a currency other than U:S. dollars, the transactions will be converted to U.S, dollars, generally using either a (i) government-mandated rate or {iI} wholesale market rate in effect the day before the transaction is processed, mcreased by ,three percent {3%}. If a credit is subsequently given for a transaction, it Will be decrease,q 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 ccmverted amou^nt in U.S. dollars. The Card; Cattcellatlon. 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 the month shown on it, we reserve the right not to renew the Card. We may cancel the Card and your credit privileges atany time after 30 days notjce to you, or without notice ifpermilted by law. If your Card is cancelled or not renewed, financ.e c~a.rges and ?ther fees Will continue to be assessed, payments will contm~e to be due, and an other applicable provisions of this Agreement wlll remal[] 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. Personallnformatio.n; Docum.e.nts. You ~in 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 mformatlOn. 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 m~1/ also share informati?n With our affiliates. However you mav writ: to us at anv ti.me mstructina us not to share credit Information with our affHlates If you do not fulfill your obligations under thiS Agreement, a negal1ve credit report that may reflect on your credit may be submitted to the credit reporting agencies. (Continued on reverse) (5846-0698) 4168512603121306 0412 001 256! Customer Service; Unauthorized Use, Loss, or Theft of Checks or the Card. Each Card ~ust be signed on receipt. Yow are responsible for safeguarding the Card, your Personalldentificalion Number ("PIN", which prOVides access to Automated Teller Machines) and any checks issued to you from theft, Jnd keeping your .PIN separate f:om your Ca:d. If you discover or suspect ihai YOUI Card, PIN, or any unused checks are lost orstolen, or that there may be an unauthorized Iransac!l?n on you~ Ac~ounl, you will promplly notify ~s by calling 1-80~.933-?2~t 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 suspect unauthonzed use of you)" 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 T eHer Machine refuses to .honor the Card or accept your checks, or fails to return the Card to ~;ave 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 seNices 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 yourstatement, _ You can make a stop payment order orally by calling the number listed on your statement When you make a stop payment order, you must prOVide your Account number and speCific information about the check: the exact amount, _the date on the check, the name of the party to whom it was payable, the name of the person who sIgned It, and the check number You will be asked to contrm an oral stop payment order in writing. We mav disreaard vour oral order If we do not receive aSloned written con~rmatlon within two weeks after the oral order, .or If we have not received an adequate deSCription of the Ilem so that payment can be stopped, The order will not be effective If the check was paid by US before we had a reasonable opportunity to act on the order We may, without liability, disregard a written stop payment order SIX months after receipt unless It IS renewed In writing Standard of Care. Because this Account involves both credit card and check transactions which are processed through separate national systems before the transactions are consolidated by us, anCj because not every check and Card slip Will be sent to us; transactions In your Account Will be processed mechanically without our necessarily reviewing every Item. Our processing system Will call our attention to certain items which we will examine_ We Will examine alllransactions when you report that your Card or checks have been lost or stolen, Wedo not intend ordinarily to eXqmlne 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 [Jur 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 Gheck 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 flotifv 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 ex\)ression of the agreement between you and us and may not be contradicted by evidence of any afle~ed oral agreement If any provision of this Agreement is herd to be ir,valld or unenforceable YO\j 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 ::J.:lermine in good faith that any proposed or enacted legislation, regulatory action, or JudiCial deCISion has rendered ormay render any material proVisions of this Agreement Invalid or unenforceable or Impose any InCreased lax, reporting reqUirement or other burden In connecllonwlth 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 fight to all or some of your payments. If state law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the state's Secretary of State Notices. Other notices to you shall be effective when deposited in the mail addressed to you at the address shown on our records, unless a longer notice period is specified in this Agreement or by law, which period sharr starf upon mailing. Notice to us shall be mailed 10 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 n KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. NCJtify Us in Case of Errors or Questions About Your Bill. If you think your bilf 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 RightB Summary on your bill. Write to us as soon as possible. We must hear from you no later than 60 days after we Sent you the first bill on which the error or problem appeared, You can telephone us, but dOing so Will not preseNe your nghts_ In your letter, give us the follOWing Information: - Your name and Account number. - The dollar amount of the suspected error, -- Describe the error and explain, if you can why you believe there is an error. If you need more Information, describe the item you are not Bllre 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. Yewr Rights and Our ResponsibjJjtie~ After We Receive Yo!!r Written Notice. We mus~ acknowledge your letter within 30 days, unless we have cor~ected the error by then. Within 90 days, WE:; must either correct the error Or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as 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 stili obligated to pay the parts of your bill that are not in question. If We find that we made a mistake on your bill, you will not have to 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 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 arnountwe think you owe, we may report you as delinquent. However, If our explanation does not satisfy you and YOLl write to us Within 10 days telling us that you still refuse to pay, we mustlell anyone we report you to that YOLl 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 u~ when It finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct Special Rule for Credit Card Purchases. If you have a prob.le.m With the quality of the property or ~ervices that you purch~sed with ourcredil card and you have tried in good faith to correclthe problem With the mercha~t, you may not have!o pay the remaining amount due .~n the goods or services, There are two limitations on thiS fight: (a) you must have made the purchase in your ht)me slate, or If not Within your home state, Within 100mlles 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. ?i VERIFICATION I, HFATHFR KOORE^,~/\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. Date A Designated he State of California. Executed at Alameda County, SHERIFF'S RETURN - REGULAR CASE NO: 2000-08139 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS BOWERS TIMA M KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BOWERS TINA M the DEFENDANT , at 0019:10 HOURS, on the 27th day of November, 2000 at 2020 GOOD HOPE RD ENOLA, PA 17025 by handing to PAUL FREEMAN (HUSBAND) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.68 .00 10.00 .00 36.68 ~("J/ // 1'- ~~l'~<f' R. Thomas Kline 11/27/2000 PARK LAW ASSOCIATES day of Sworn and Subscribed to before By: me this lAY ft~<-/ ;) m A.D. /\ .-..., ~!;...f,t-'- (2, / N_Let.~,-. ,"-n- j Prothonotary' VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 2020 GOOD HOPE RD ENOLA, PA 17025-1237 41685126031213 06 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS TINA M BOWERS Defendant NO.00-8139 PRAECIP!E FOR JUDGMENT TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS $3,489.32 $593.00 $257.51 ($0.00) ($90.00) TOTAL $4,249.83 PLUS ADDITIONAL COSTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto an7../:~~~d Exhibit "A". ~' L ..- " ~~~ VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, ~J~ 1;;<' .:2001 , Judgment is entered in favor of the Plaintiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. ~::/~ 12. ~ PROTHONOTARY PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VALERIE ROSENBLUTH PARK ATTORNEY J.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 I HEREBY CERTIFY TIIAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 2020 GOOD HOPE RD ENOLA, PA 17025-1237 PROVIDIAN NATIONAL BANK Plaintiff VS TINA M BOWERS Defendant NO. 00-8139 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: TINA M BOWERS 2020 GOOD HOPE RD ENOLA,PA 17025-1237 DATE OF NOTICE: 12/18/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WI11IOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR CARLISLE, PAl 7013 (717) 240-6200 PARK LAW ASSOCIATES, P.C. -~~- BY: VL./' / VALERIE ROSENBLUTH PARK, ESQ. cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT fI -"~"'7_-.o=",..."_,,..,.~=""'~= VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 2020 GOOD HOPE RD ENOLA, PA 17025-1237 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS TINA M BOWERS NO. 00-8139 Defendant VERIFICATION Of NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS VALERIE ROSENBLUTH PARK, Esquire, being d~ly sworn according to law, deposes and says that she will make this affidavit on behalf of the within Plaintiff, being authorized to do so, and that she believes and therefore avers, that TINA M BOWERS, Defendant is over 21 years of age; that his/her place of residence/business is located at 2020 GOOD HOPE RD ENOLA, PA 17025-1237 and that he/she is employed and that he/she is not in the Military or Naval Service of the United States or its Allies or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendments. PARK LAW,ASSO~;P .~~"=<=>"_.~- BY: ~ ~/// Valerie Rosenbluth Park Attorney for Plaintiff ElO VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 ~ARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 2020 GOOD HOPE RD ENOLA, PA 17025-1237 CUMBERLAND COURT OF COMMON PLEAS ~ROVIDIAN NATIONAL BANK Plaintiff VS TINA M BOWERS NO. 00-8139 Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: [X] Judgment by Default [ ] Money Judgment [ ] Judgment in Replevin [ ] Judgment in Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings [ ] Judgment on District Justice Transcripts [ ] Judgment on Judgment Note [ ] Judgment on Writ of Revival [ ] Praecipe to Reassess Damages IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number: (215) 348-5200. ;/0.-/01 P(:!:'~~);2 ~ FAIR DEBT COLLECTION CTICES ACT, IT IS THE FOLLOWING TO YOU. THIS IS AN ATTEMPT INFORMATION OBTAINED WILL BE USED FOR THAT PURSUANT TO THE REQUIRED THAT WE STATE TO COLLECT A DEBT. ANY PURPOSE. ["}AMEs.l;:i:.HARNISH;jAMEsL:.HARNIsH;mm.... IN.THECOURT..OP..COMMON..PLEAS..OP......, i WILLIAM HARNISH, MILTON "KELLY" CUMBERLAND COUNTY PENNSYLVANIA WILLIAMS AND RHONDA MYERS, ADMINISTRATRIX AND PERSONAL REPRESENTATIVE OF THE ESTATE OF REGINA BERRY, DECEASED, PLAINTIFFS 2000 - 8319 CWIL TERM VS GARY A. JANSEN, CARDINAL FREIGHT CARRIERS, IN C., PACIFIC BUSINESS CONNECTIONS, INC. AND PACIFIC BUSINESS CONNECTIONS, JAMES D. TOMLINSON AND SABINO LANDA VERDE, OVILACTIONLAW DEFENDANTS i . ........................................... .............................................................................................................................................................................. REPLY TO NEW MATTER OF lAMES D. TOMLINSON BY PLAINTIFFS 28. The allegations in the original complaint are incorporated herein and reference is made thereto. 29. Denied as a legal conclusion to which no response is necessary. 30. Denied. The Plaintiffs are not residents of the Commonwealth of Pennsylvania; therefore, the Pennsylvania Motor Vehicle Financial Responsibility Law as amended is not applicable. 31. Denied. The response to Paragraph 30 is incorporated herein and reference is made thereto. 32. Denied. The response to Paragraph 30 is incorporated herein and reference is made thereto. WHEREFORE, it is prayed the new matter of Defendant Tomlinson be dismissed and judgment entered in favor of the Plaintiffs. By Dated: '-1-- \0 -0 L COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. VERIFICA nON I verify that the statements made in the foregoing document are true and correct, to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities. L\_ ,0 - 0 I Date 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 TINA M BOWERS Defendant NO. 00-8139 PRAECIPE TO MARK JUDGMENT SATISFIED, SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mark the above captioned matter satisfied upon payment of your costs. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE J . ... ~~~'"P^"'~