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HomeMy WebLinkAbout00-08142 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. JASON BYERS Defendant NO. 00 - ,P,/4d--... (JL>;l/~ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 (717) 249-3166 (800)990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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#:4479451523821527 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS JASON BYERS 6907 SALEM PARK CIR MECHANICSBURG, PA 17050-8113 DEFENDANT NO. 0-0- K 1 'f:L G'J. T.Q.1.A'~ 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, JASON BYERS, has a mailing address at 6907 SALEM PARK CIR, MECHANICSBURG, PA 17050-8113. 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 4479451523821527. 4. The Defendant requested an account, account number 4479451523821527, which is owned by the Plaintiff, and an Account Agreement was sent to the Defendant. A copy of the Agreement is attached hereto as Exhibit "A" and made a part hereof. 5. The Defendant has failed to pay the amount owed in accordance with the Account Agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $1,812.61 as of 08/26/2000, plus pre-judgment contractual interest at the rate of 21.74% 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 $301.19. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $1,812.61, plus pre-judgment interest at the contractual rate of 21.74% per annum from 08/26/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $301.19, 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 $1,812.61, plus pre-judgment interest at the contractual rate of 21.74% per annum from 08/26/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $301.19, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: ~~--- VALHRIE 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, HFATHFR KOORFMAI\I , declare that: I am a designated agent of PROVIDIAN NATIONAL BANK, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, Date EAT ER KOOREMAN Designated Agent '~'~"I 0~7 PROYI DIAN ~ Financial Providlan National Bank VISA@or Mas Accourt Agreement for Jason 8 July 25, 2000 Please review this document and keep if with your other important papers, Th!s Account Agreement contains the terms which govern your Provldian 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 w.ay to use the Account In this A~reement, "you" and "yo~!" mean each person for whom we have opened a credit card Account. "lNe" "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 chanlable purposes, and no! for any busJness or commercial purpose, Any use of this Account shaH constItute acceptance of the terms of thiS Agl'eement. You andwe agree as follows Payments. You will receive a monthly statement shOWing your ouistanding balance Payment on thiS Account is reqUired in U S, dollars (checks must be payable at a U.S office of the bank the chElck 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 YOLlr Accounl or to make payments on any other account YOLl 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 credit line However, the payment due will not be less than S15 (unless your new balance IS less than $15, in which case the payment due Will be the amount of the new balance), If your Account IS past due or above the credit line, 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 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 owmg under thiS Agreement Finance Charges. Except as described in the Grace Period for Purchase Balance section of thiS Agr~ement, finance charges begin to accrue on a deb!t when it is included in one of your daily balances and continue until that balance is reduced by a payment or credit. Your Account has the followmg balances: The Purchase Balance, which consists of your eXistmg Purchase Balance and new purchases you make With your Card and fees for certain optional services; one or more Custom Cash Advance Balances, which conSists of balances that you transfer 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 exceeds the finance char~es and fees then due Will ordinarily be applied first to the Balance with Ihe lowest Annual Percentage Rate (APR), until that Balance IS zero, and lhE!n to the Bafance With the next fowesl APR, until that Bafance IS zero, and then to any remaining Balance. We reserve the nght to apply, payments differently Wlthout further notice The Purchase, Custom Cash Advance, and Cash Advance Balances are reduced by payments as of the date received, and by credits as of the date posted. Purchases are included in your Purchase Balance as of the date made, Custom cash advances are Included In your Custom Cash Advance Balance as follows: funds electrOnically transmitted to other lenders to transfer balances, as of the date transmitted; checks to transfer balances, as of the date presented to us. Other cash advances are mcJuded in your Cash Advance Balance as foHows: cash advances from other fmancl8llnstitutions and through Automated 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 dale presented to us. Other debits are included in your Purchase, Custom Cash Advance, or Cash AClvance 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 T a fi,gure 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 periodiC rate (see followmg paragraphs). The fmance charge for each. type of Balance is then added to and included in that day's Balance. We t~eat a c~e.dit balance for any day as zero. We determme the total finance charges on balances for the billing cycle by addmg together the finance charges for each type of Balance for each day wlthm the billing cycle. 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 posted in that cycle. The applicable dally 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 obtam 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 d~crease 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 wiU vary and may be adjusted each billing cycle up to 12.24% above Prime Rate, but will in no event be less than 19.99%. USing this formula, the APR for purchases In the July 2000 billing cycle IS 21.74%, corresponding to a daily periodiC rate of 0,05956%. The ANNUAL PERCENTAGE RATE for cash advances will vary and may be adjusted each billing,cycle up to 14.24% above the Prime Rate, but will in no event be less than 21,99% Using this formula, the APR for cash advances in the July 2000 billing cycle is 23.74%, corresponding to a daily periodic rate of 0.06504%. We reserve the right to change the Annual Percentage Rate calculations if you do not comply with the terms of this Agreement Gr,ace 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 total new balance in full by the payment due date shown on yC)ur 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 wlthoutlncurnng a finance charge. Fees. If your Account is a VISA Gold or Gold MasterCard Account, the annual fee ,is $35. For all other accounts the annual fee is up to $0. This annual fee will be charged to your Account in the fourth monthly billmg cycle after the account IS opened and every twelfth monthly billing cycle thereafter. We will not charge ail annual fee for the first fifteen billing cycles if you use your Account to make a purchase or take a cash advance in the first three billing cycles. We will not charge an annual fee In any subsequent year if you have used your Account to make a purchase or take a cash advance in the preceding twelve billing cycles. If you close your Account for any reason during the billing cycle In which the annual fee IS charged, we will either credit your Account or refund to you the portion of the annual fee which has been paid, 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 bllllng cycle within which your balance exceeds your credit line (overllmit 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 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 in your personal checking account to make the payment We may charge a transaction fee of 3% (minimum $5), which is a on8::"time FINANCE CHARGE, on the amount of each cash advance, inclUding cash from financial institutions and ATMs wire transfers, money orders, lottery tickets, casino gaming ChipS, and similar transactions. ' , pefault. 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 n~t 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 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 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 credit 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 (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 borrowe~ whe~ you or so~el?ne else use your Account (even if the amount charged exceeds your permission), all other transactions and charges to your Account, and collection costs we Incur including, but notltmlted to, reasonable attorney's fees and court costs. (If you Win the suit, we will pay your reasonable attorney's fees Wid 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 this Agreement, the new fmance charge calculation Will apply to your entire Account balance from the effective date of the change. Changes will apply to balances that include items nosted to;LQ1!L h,ccount before the date of the chanae, and will apply whether or not you continue to use the Account. f:oreign ExchangefCurrency ~onversion. If you use your Card for transactions in a curr~ncy other than U:S. doUars, 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 transacllon 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 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 the month shown on it, we (Continued on reverse) (5846-0698) 4479451523821527 1527 152 Z561 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, nnance charges and other fees will continue to be ajsessed, payments Will continue 10 be due, and aU oiner applicable proVisions of Ihis Agreement wi!! remain In effect. If you terminate your credit prlvileges_ 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 provide us additional financlalmformation, We reserve the right to obtam mformatlon fr?m others, mclu~ing credit reporting agencies, and to provide your address and Information aboui your Account to others_ We mav also share Information with our affiliates. However vou may wnte to us at anv trme Instructrna us not to share credit mformatron)uitL a5lrates. If you do no! fulfill your obligations under this Agreement, a negative credit report that may reflect on your credit may be submitted to the credit reporting agencies Cust()mer 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. If 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 Ac~ount, you will promptly noblY 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 unauthonzed use occurring before you nollfy us is limited to'$50. If you report or we suspect unauthonzed 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 stoler1, 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 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 vendNs_ 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 writmg to us at our address for cusfomer service listed on yow statement. You can make a stop payment order orally by calling the number listed on your statement When you make a stop payment order, you must provide your Account number and specific information about the check: the exact amount"the date on the check, the name of the party to whom it was payable, the name of the person who signed It, and the check number. You Will be asked to confirm an oral stop payment order in wrlting_ We mav disreaard vour oral order If we do not receive aSloned wntten confirmation within two weeks after the oral order, Dr if we have not received an adequate desClipllon of the item so that payment can be stopped. The order wllJ nol be effective!f Ihe check was paid by us before we had a reasonable opporlumty to act on the ordeL 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 examme all transactions when YOIJ report Ihat 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 10 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 scree to check vour monthlv statements aaainst vour record and to nolifv us immediale)v of anv unauthorized transactions or errors. ~ Wahler of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our nght to enforce it or any other provision later. You waive: the right to pres~ntment, 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. niis 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 Inval10 ^, unenforceable, you <3.nd we Will consider thai provIsion modified to conform to applicable law, and the resl of the provisions in the Agreement Will still be enforceable. .At any time after we detf-" , In good farth that any proposed or enacted legislation, regulatory action, or Judicial_decision has rendered or may render any matenal provisions of thiS Agreement Invalid or unenforceable (:' :,-npose 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 aU 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 financmg 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 penod 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 of Errors or Questions About Your Bill. If you think your bill is wrong or if you need more information about any transaction on your bill, write 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 thanuOdays after we sent you 1he first bill on which ihe error or problem apPE;ared You can telephone us, but dOing so Will not preserve your fights. 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 sure about If you have authorized us to pay your credit card bill automatically from your checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us three bUSiness days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities. After We Re.ceive Yo"!r Written Notice. We mus! 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 w.e believe the bill was correct After we receive your le~ter, 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 WB find t.hat we made a mistake o.n your bill, you will not have ~o pay any finance ~harge 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 wlll.send you a statement of the amount you owe and the date that it is due_ If you fall to pay the amOunt we thmk you owe, we may repc:rl you as .dellnquent However, if our explanation does not satisfy you and ypu write to us within 10 days Ielling us that you still refuse 10 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. Sp~cial 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 correclthe problem WIth Ihe merc0a~f, you may not have _to pay the ~emarnif1g amount due .~n the goods or services_ There are ~o limitations on this right (a) you must have, made the purchase in your horne state, or If not Within your home state, Within 100_mlles of your current mailing address; and (b) the purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or If we mailed you the advertisement for the property or services. ----- .'-_._.__._'--~'--'---C.. .. .., ~T~c.-::--:-::----:-=I 3 0 - 5 E C O..N D R ES PO N$ E.... ..., E R TJ F I (AT E. . _/ Yes, I want a VISA@ with up to $5,000 Instant Credit! I have read the Account Terms in the enclosed brochure and the Credit Protection plan Summary. 1 agree to be bound by the Account Agreement (which will be mailed to me when my VISA card is issued) and to repay prindpal, interest, and interest thereon. I understand that my sfgnature is a request for a Providian VISA carel account with all the: advertised benefits. including Credit Protection, and that I win have no obligation ff I cancel myaCCaRrelr . .. Jason By<."ts G907 Salem Park Cir. Mecllllnicsburg, I'A 17055-8] 13 1,,,/11,,,111,,,,1.1..1,1,1..1....11,,,11,,11,11..,1...1..1.11 5238K2 238-00340-3566-1. DO NOY"DETACH This invitation expires: April 23, 1999 X~ ..?_/r -c SignatUre (Non-Transferable) LLL-7"L-7 Ltl 3, Social Security Number (7/1) 71G-?'r tJ:1 HQme Phone iW );J"?;<- /'?dY' WorkjSe(;(Jnd Phone - $t~s,ddQ Yearly Houseflold Income ~:1 Reference Number: 85898600 t-p-n 0/. /I~/ 5' J3/?}' /,5:27- Box Year Batch SSN Ar.r.()IJnt# : 921 : 99 : 39 LLWRIGH Credit Lines up 10$5,000 No Annual Fee Credit Protection Included . The Advantages 'Of.a gold card' Express Processing ~ YES, I would like Express Proce,sing and (~d sent by express maR. -(S8ntfM m(lnl!V--the one-time $19.95 fee will be billed to YQur first statement.) -. 238-00340-3566=-1 214"19 fA :;2 SHERIFF'S RETURN - REGULAR CASE NO: 2000-08142 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK vs BYERS JASON 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 BYERS JASON the DEFENDANT , at 0019:35 HOURS, on the 1st day of December, 2000 at 6907 SALEM PARK CIRCLE MECHANICSBURG, PA 17055 by handing to CATHY SHERIFF (MOTHER) 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 18.00 7.44 .00 10.00 .00 35.44 sO;~di f; , / R. Thomas Kline 12/04/2000 PARK LAW ASSOCIATES Sworn and Subscribed to before By: me this Ire day of Itlu"'M1:;,". ;2C7'l; A.D. // /" <-- tt;li C )hJr/,u ~ZJ Ip othonotary . ..., f' 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: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 6907 SALEM PARK CIR MECHANICSBURG, PA 17050-8113 4168100012030795 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS JASON BYERS Defendant NO.00-8142 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: $1,812.61 $301.19 $139.27 ($0.00) ($0.00) $2,253.07 PLUS ADDITIONAL COSTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL !/-\/ ~~.'" ~~<-'" >.- , L----"' '--"~"'-"--- VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW,..... J~ 1/ ,:260( , 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. a'A-I-i) k-#~ PR THONOTARY 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 LD. # 72094 PARK LAW ASSOCIATES,P.C. DRIVE 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.THA~':'.THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD PLEASANTON, CA 94588 DEF: 6907 SALEM PARK CIR MECHANlCSBURG, PA 17050-8113 PROVIDIAN NATIONAL BANK Plaintiff VS JASON BYERS Defendant NO. 00-8142 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: JASON BYERS 6907 SALEM PARK ClR MECHANlCSBURG, P A 17050-8113 DATE OF NOTICE: 12/21/00 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 WIlliOUT 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, P A 17013 (717) 240-6200 P ARK LAW ASSOCIATES, P .C. ----". BY vL-;~~~::, ESQ, cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBiT .~~~~.BL-~.~~ , . 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: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 6907 SALEM PARK CIR MECHANICSBURG, PA 17050-8113 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS JASON BYERS Defendant VERIFICATION NO. 00-8142 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 JASON BYERS, Defendant is over 21 years of age; that his/her place of residence/business is located at 6907 SALEM PARK CIR MECHANICSBURG, PA 17050-8113 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. E10 PARK LAW ASSOCIATES, "-P . C . Y' / BY: . \...-~/ Valerie Rosenbluth Park Attorney for Plaintiff 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: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 6907 SALEM PARK CIR MECHANICSBURG, PA 17050-8113 CUMBERLAND COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS JASON BYERS NO. 00-8142 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. 01 lit 10/ P PURSUANT TO THE REQUIRED THAT WE STATE TO COLLECT A DEBT. ANY PURPOSE. FAIR DEBT COLLECTION CTICES ACT, IT IS THE FOLLOWING TO YOU. THIS IS AN ATTEMPT INFORMATION OBTAINED WILL BE USED FOR THAT