Loading...
HomeMy WebLinkAbout00-08140 VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P . 0 . 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. TIMOTHY R CLARK Defendant NO.06-cPl'J6 Cl<';'ll~ 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#:4428002770810853 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS TIMOTHY R CLARK 45 WATERSIDE DRIVE CARLISLE, PA 17013 DEFENDANT NO. (Jv.. &,/'10 G~.1 '/~ 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, TIMOTHY R CLARK, has a mailing address at 45 WATERSIDE DRIVE, CARLISLE, PA 17013. 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 4428002770810853. 4. The Defendant requested an account, account number 4428002770810853, 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 $7,027.65 as of 09/26/2000, plus pre-judgment contractual interest at the rate of 14.60% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $1,194.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $7,027.65, plus pre-judgment interest at the contractual rate of 14.60% per annum from 09/26/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,194.00, 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 $7,027.65, plus pre-judgment interest at the contractual rate of 14.60% per annum from 09/26/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,194.00, 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. . VERIFICATION I, SUE CORR~EA , declare that as of March 30, 2000: I am a designated agent of PROVIDIAN NATIONAL BANK, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in the State of California. ,/" ,~/Ue (g-z '0 /' ,/ / 2ci?~' / Designated Agent Complete this: short form and return it in the postage--paid envelope provided. 30-Second Response Certificate Yes, I want to accept your invitation for a customized VISAm Gold account! I agree to be bound by the Account Agreement (which will be mailed to me before my VISA card is issued) and to repay principal, interest, and interest thereon, except that 1 will have no obligation if I return the cai'dts) unused and cancel my account after reviewing the Acrount Agreement. 5017126 Timothy R. CJ.ark. P.o. Box 63 plainfield, PA 17081-0063635 2708N2 TCCPO GX389 JKCS QFGR OCCB JBCD AEAE 10- 708-09464-6452"'1 DO NOT D.rACIt --..... --.........--- -~,~- This invitation expires: February 6, i995 ~~ .,. - ""... .. '.' -- -~-,- S;gu"u . (Nun- ~"!'."i','b1e) .,...... . L(LL-..!L~-.~L-=LL Social Security NumbW' (7t!~5-73D/~.. Home Pbone -( , ~ WQrk/S~ond Phone , ... >. ""'''.>> " ."'"- .-. "\,':, ti IV/ ;'1 Reference Number: 207522848 Box Year Batch SSN : 1059 : 95 :2 : 207522848 No Annual Fee . $20,000 Credit Line . Immediate Cash , Lowest Purchose Rate . GUARANTEED SAYINGS RT~~ R. Thomas Mazur Vice President 708-09464-6452-1 "':.;-,.. /: ?fr~~ ~~"~I (lit, PROYI DIAN '--~ Financial ..~..~..~..~.~....t Provldian National Bank VISA@orMastercaE):P'H"fiB)"tinc"/) Account Agreement for Timothy R Clarkr,~ 111: i!l~.~J 11 Ii f,,,--J March 10, 2000 . ,/ , ,I _ I 1- --'-"'=-'=~~-"-~l~"===~-,,-~ Please review this document and keep it wllh your other imponant '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 use the Account. In thiS Agreement, "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 ~our billing statement The AccCun~ 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 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 of any past d.ue 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 .IS less than $15, In which case the payment due Will be the amount of Ihe new balance). If your Account is past due or above the credit line, we may reqUire a higher minimum payment, but we will nolify 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 panlal 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 Purcha.se Balance section of this Agreement, finance charges begin to accrue on a debit when it is in~luded in one of your daily balances and continue until that 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 charged to your Account including fees for 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.Cas~ AcJ:;ance Balance which consists of a!1 other cash advances and cash advance transaction fees, Any payment amount we receive that exceeds the fmance chaTges and fees then due Will ordinarily be apP,II~d first to the Balance with the !owest Annual PercentaQ.e Rate (APR), until that Balance IS zero, and then to the Balance with the next lowest APR, until that Balance IS zero, and then 10 any remaining Balance. We reserve the right to apply payments differently without funher notice The Purchase, Custom Cash Advance, and Cash Advance Balances are reduced by payments as of the date received, and by credits as of the date posted~ Purchases are included in your Purchase Balance as of the date made. Fees are included in your Purchase Balance as of the transaction date. Custom cash advances are Included in your Custom Cash Advance Balance as follows: funds electronically transmitted to other lenders to transfer balances, as of the date transmitted; checks to transfer balances, as of the date presented to us, Other cash advances are included in your Cash Advance Balance as follows: cash advances from other financial Institutions and. through Automated Tellers, as of the date made;, cash advance checks made payable to you that are identified as 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 stan 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 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 fina~ce charges on balances for the billing cycle by adding together the finance charges for each type ~f Bala.nce .f~r each day within the billing ~c1e. In calculating finance charges, an adjustment Will be made for any transaction or payment that would have affected the finance charge calculation In a prior billing cycle had It been po~ted In that cycle. The applicable dally penodic 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 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 o.r decrease in the amount of your minimum payment. The ANNUAL PERCENTAGE RATE (APR) for purchases will vary and may be adjusted each billing cycle up to 6.1% above Prime Rate, but will in no event be less than 14.6%. Using this formula, the APR for purchases in the March 2000 billing cycle is 14.5%, correspondjng to a daily periodic rate of 0.04000%. The ANNUAL PERCENTAGE RATE for cash advances will vary and may be adjusted each billing cycle up to 9.4% above the Prime Rate, but will in no event be less than 17.9%. Using this formula, the APR for cash advances in the March 2000 billing cycle is 17.9%, corresponding to a daily periodic rate of 0.04904%. 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 and fees 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 and fees if you pay the total new balance in full by the payment due date shown on your statement. New purchases and fees posted in any other billing cycle incur a finance charge, and there is no period in which such purchases and fees may be repaid Without incurnng a finance charge. Fees. We will 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 (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. Default. You will be in default: if any information you provided us proves to be incomplete or untrue; if you do not comply with any part of this Agreement; upon your death, bankruptcy, or insolvency; if you do not pay other debts when due; if a bankruptcy pemion 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 further demand or notrce, 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 interest 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. 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 or ~ecrea.se your cre?it line based on inf~rmation we obtained from you or your credit records. Your available cred!t i~ normally.the differe.nce ~etween 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 Promis~ to Pay. You promise to pay us when due all amounts bo~rowe~ when you or so~~ne else use your Account (even if the amount charged exceeds your permission), all other transactions and charges to your Account, and collecl1on 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.) C~anges. After we provide you any notice requ!red ~y law, we may cha.nge any part of this Agreement an~ add or remove requirements. If a change is made to the Finance Charges section of 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 casted to vour Account before the date of the chanoe, and will apply whether or not you continue to use the Account Foreign Exchange/Currency 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, 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 convened amoU1]t m U.S. dollars. The Card; C.ancellation. 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 fight not to renew the Card. We ma.y canc.el the Card and your credit pnvil€ges at.any time after 30 days notice to you, or without notice if permitted by law. If your Card is cancelled or not renewed, financ.e c~~rges and ?ther fees Will contmue to be assessed, payments will continue to be due, and aU 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. Personallnformatio~; Docum~nts. You will provide us at least 10 days n~tice if you ~h~nge yo~r name, home oT mail!ng address, telephone numbers, employment or income. Upon our request, you Will proVide us additional flnanclallnfo~matlon. .We r~serve the. fight to obtain information fr~m others, Inclu~lng ~redil r~porting agencies, and to provide your address and information about your Account t~ others. We m~v also share mformatl?n With ?ur affiliates, However vou mav wnt~ to us at anv time Instructlno us nolto share credit Information with our affiliates. If you do not fulfill your obligations under thiS Agreement, a negative credit repon that may reflect on your credIt may be submitted to the credit reporting agencies. (Continued on reverse) (5846.0698) 4428002770810853 0184 040 256r Customer Service; Unauthorized Use, Loss, or Theft of Chec~s or t~e Card'. Each Card must b& signed on receipt. You are responsible for safeguarding the Card, ~our Persona1 !dentificaf:m Number ("PIN", which provides access to Automated Teller Machines) and any checks Issued.{o you from theft, and keepmg your PIN separate from your Card. If you discover or suspect that your Card, PIN, or any unused checks are losl 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 Iimillosses 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 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 secunty, you agree that your calts 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 ~or customer service listed on your sta!ement . 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 dale 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 w.e do not recei~e a.sianed written conf!rmation 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, and because not every check and Card slip Will be sent to us, transactions in your Account will be processed mechanically without our necessarily reviewing every item. Our processing system will call our attention to certain items which we will examine, We Will examine alllransactions when you report that your Card or checks have been lost orstolen, 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 aaTee to check vour monthlv statements aaainst vour record and to notlfv 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 nollce 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, you and we Will consider thai provision modified 10 conform to applicable law, and the rest of the provisions in the Agreement will still be enforceable. At any time after we determine In good faith that any proposed or. enacted legislation, regulatory action, or judicial decision has rendered or may render any material provisions of this Agreement invalid or unenforceable,_ or impose any increased tax, reporting requirement, or other burden in connection With any such provision or its enforcement, we may, after at least 30 days notice to you, or without noke If permitted by law, cancel the Card and your Credit privileges. We may transfer or assign our nght to all or some of your payments. If state law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the state's Secretary of State. Notices. Other notices to you shall be effective when deposited in the mail addressed to you at the address shown on our records, unless a longer notice period is specified in this Agreement or by law, which period shall start upon mailing. Notice to us shall be mailed to our address for customer service on your statement (or other addresses we may specify) and shall be effective when we receive it. YOUR BILLING 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 afETTars or Questions 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. Wnte to us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your leller, 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 sure about. Your Rights and Our Responsibilities After We Receive Your Written Notice. We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in 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 have to make up the missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you 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 mustlell you the name of anyol1e we reported you to. Wemusttell anyone we report you to that the matter has been settled between us when it finally is, If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases. If you have a problem 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: merc~ant, you may not have 10 pay the remaining amount due .~n the goods or services. There are!wo limitations on this right: (a) you must have made the purchase in your home state, or If not Within your home state, wlthlfl100_mlles of your current mailing address; and (b) the purchase pnce must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. :.]; SHERIFF'S RETURN - REGULAR CASE NO: 2000-08140 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS CLARK TIMOTHY R RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CLARK TIMOTHY R the DEFENDANT at 0016:02 HOURS, on the 27th day of November, 2000 at 45 WATERSIDE DRIVE CARLISLE, PA 17013 by handing to DORIS CLARK (WIFE) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.72 .00 10.00 .00 31.72 r~.::~~~~:~ R. Thomas Kline 11/28/2000 PARK LAW ASSOCI Sworn and Subscribed to before By: me this /AA- day of jO;A'UAA~ DLtnnJ A.D. Clla1; ~ O,fhdJ,." ~ I f 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: 45 WATERSIDE DRIVE CARLISLE, PA 17013 4428002770810853 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS TIMOTHY R CLARK Defendant NO.00-8140 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: TOTAL $7,027.65 $1,194.00 $264.24 ($0.00) ($0.00) $8,485.89 PLUS ADDITIONAL COSTS AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "~n. ~// VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, ~d.0 II ,;;)Oo{ , 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. (JA-j-h~ 12_~ P OTHONOTARY 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. 'V ALEiUE ROSENBLUTH PARK ATTORNEY LD. # 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 'IHt;T THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 45 WATERSIDE DRIVE CARLISLE, PAl 70 13 PROVIDIAN NATIONAL BANK Plaintiff VS TIMOtHY R CLARK Defendant NO. 00-8140 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: TIMOTHY R CLARK 45 WATERSIDE DRIVE CARLISLE, P A 17013 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 WITIIIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WTIHOUT 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, PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P.C. BY: ~'L-'_/ VALERIE ROSENBLUTH PARK, ESQ. cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. t:XHIBIT v1 ,=JL~~=~~-=~..~. 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: 45 WATERSIDE DRIVE CARLISLE, PA 17013 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS TIMOTHY R CLARK Defendant NO. 00-8140 VERIFICATION Of NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS VALERIE ROSENBLUTH PARK, Esquire, being duly sworn according to law, deposes and says that she will make this affidavit on behalf of the within Plaintiff, being authorized to do so, and that she believes and therefore avers, that TIMOTHY R CUillK, Defendant is over 21 years of age; that hiS/her place of residence/business is located at 45 WATERSIDE DRIVE CARLISLE, PA 17013 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 ASSOCIATES, ;p...-C"; BY: y~~//- Valerie Rosenbluth Park Attorney for Plaintiff E10 .., . . 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: 45 WATERSIDE DRIVE CARLISLE, PA 17013 CUMBERLAND COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS TIMOTHY R CLARK Defendant NO. 00-8140 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. / /11/0/ PURSUANT TO THE FAIR DEBT COLLECTION CTICES 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.