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HomeMy WebLinkAbout00-08804 - =~ ~ ~" ,'_ I "" .... ~''f A . . 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: 43 BUTTONWOOD LN CARLISLE, PA 17013-7803 4428671859718433 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS TERRY R BRUBAKER Defendant I NO.00-8804 PRAEcI~ FOR JUDGMENT i 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: $19,639.91 $3,338.78 $1,696.89 ($0.00) ($0.00) $24,675.58 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 rocedure No. 237.1 is attached hereto and marked Exhibit" I AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL VALERI ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, Fs.b /~ ,.;)oo~. ' Judgment is entered in favor of the Plainti f and againt the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. - ~ .l I" " ~~.~",~.,to- '- .. " ~~.) 72_~ 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. ..~ .- '* ~ - ......' ~ I ~~~" '.' ~,~ VA.eERIE 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS I HEREBY CERTIFY mAT THE . ., TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 43 BUTIONWOOD LN CARLISLE, P A 17013-7803 PROVIDIAN NATIONAL BANK Plaintiff VS TERRY R BRUBAKER Defendant NO. 00-8804 NOTOCEOFPRAEC~EFOR ENTRY OF DEFAULT JUDGMENT TO: TERRY R BRUBAKER 43 BUTIONWOOD LN CARLISLE, P A 17013-7803 DATE OF NOTICE: 1/24/01 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TIllS CASE. UNLESS YOU ACT WITIIIN TEN (10) DAYS FROM THE DATE OF. TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS 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, 4'. FLOOR CARLISLE, P A 17013 (717) 240-6200 :~LAW~ VALERIE ROSENBLUTH PARK, ESQ. cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT A " - " 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: 43 BUTTONWOOD LN CARLISLE, PA 17013-7803 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS TERRY R BRUBAKER Defendant NO. 00-8804 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 TERRY R BRUBAKER, Defendant is over 21 years of age; that his/her place of residence/business is located at 43 BUTTONWOOD LN CARLISLE, PA 17013-7803 and that he/she is employed and that-heIl;tl1eis not in the Military or Naval Service of the United States ar its Allies or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amend~ents. PARK LAW ASSOCIATES .C. E10 ~- -, ~",,-,-' ~~ "~o"'--. N "='; ." .. ~ , " , VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.Co 25 EAST STATE STREET DOYLESTOWN, PA 1890l (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY. CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 43 BUTTONWOOD LN CARLISLE, PA 17013-7803 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS TERRY R BRUBAKER Defendant NO. 00-8804 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, PoCo at this telephone number: (215) 348-5200. PURSUANT TO THE FAIR DEBT COLLECTIO RACTICES 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. ~0HII~~~mi~~~~'~'"> ,c...' -.-t- ~llilR~Mi:,"d''-''-if.f"luwll&S;~.fllUjlli iliiWi~~~-~'~!!\IJilj~d 0 - '. ,~ -. h(D(J~ ~~~8 ro"::i~ ~ ~ Tv ~ ~ ~ t1 ~ ~ ~ - ~... - _. ~ ~ ~ '>~~~e'.' =~~. ~ .. "",.,,"". w ~,_ " - . q~ ~, " o ~ -Ut( 1111";"' Z:J:.~ 2.':["-" ~E; ):~~ Z" >'-' C) c Z :< ',-. , ---. " , , '- o -r, r-bl :";-,J ..l=U -0 ~ ,.~ w ~~'-:-.. ril -~ ~j :0 -< ;...) &- fi> ~ , ~, '~ '-, ><''''''''''j:" VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA l8901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS. TERRY R BRUBAKER Defendant NOT I cli: NO. <::6- PlbY OoJ~ 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 l7013 (717)249-3166 (800) 990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~ . >'~ -~,~~ '1:.,;'.- 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#:4428671859718433 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS TERRY R BRUBAKER 43 BUTTONWOOD LN CARLISLE, PA 17013-7803 DEFENDANT NO. (hJ- UOy~~ CIVIL +cTION 1. The Plaintiff, PROVIDIAN NATIONAL BANK, is a national banking association organized and existing under and by virtue of the laws of the Vnited 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, TERRY R BRUBAKER, has a mailing address at 43 BUTTONWOOD LN, CARLISLE, PA 17013-7803, . 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 4428671859718433. 4. The Defendant requested an account, 4428671859718433, which is owned by the Agreement was sent to the Defendant. A attached hereto as Exhibit "A" and made account number Plaintiff, and an Account copy of the Agreement is a part hereof. THIS IS AN ATTEMPT TO COLLECT A DEBT. WILL BE USED FOR THAT PURPOSE. ANY INFORMATION OBTAINED ~ -I.~" . , -"-- , -- ,..... "_Ii;;;_", 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 $19,639:91 as of 09/14/2000, 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 $3,338.78. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $19,639.91, plus pre-judgment interest at the contractual rate of 21.90% peroannum from 09/14/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $3,338.78, 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. ll. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 12. It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. - - " -. >1; ;,-" , . rrnlllillilH.:p . . WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $19,639.91, plus pre-judgment interest at the contractual rate of 21.90% per annum from 09/14/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $3,338.78, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY, ~ VALERIE OSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE ORDER FOR SERVICE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. --, " -'-. " W,"_ ......".'''"''''''' "" . . VERIFICATION I, MADELEINE PASSAILAIGUE , 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 Fa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. E~ecuted at Alameda County, in the State of California. Date 4~D~ PASSAllAIGUE Designated Agent ,~.~ ~,_...~.. ~. '......'iIII I ~. ~ "." I "' "' .< <- ",- ~ ,~, - ~PROY.lDIAN Financial ~.~~.....~.~.~~~~~, Prov,d,an ~atlonal B~nk VISA@or MasterCardID A Accodl'lI Agreement for T er[Y R Brubaker September182000 EXHIBIT Plea~e review, thiS document and keep It wIth your other Important papers ThiS Account Agreement cont~!ns th,~ terms which govern your Provldlan National Bank VISA or MasterCard Account (the ~cc.ou~t )'. The Account allows you to make pu,rchases by uS,lng your VISA or MasterCard ~rd (the Card) wherever It IS honored and to get cash advances from us or any other participating financial institution and from Automated Teller Machines. Convemence checks may also be provided to you as an additional way to use the i\ccount In this Agreement "you" and "your" me2n each person for whom we ~ave opened a credit ca~d Account "We," "our," "ours," and."uso mean Provldian National Bank or its assignees, as listed on your billing statement. The Account may be used only for personal, family, household, and charitable purposes, and not for any bUSiness or commercial purpose. Any use of this Account shall constitute acceptance of the terms of thiS Agreement. You and we agree as follows: Paym~nts. You will receive a monthly statement showing your outstanding balance. Payment on this ~ccount is required in U.S. dollars (checks must be payable at a U.S. office of the bank the check IS drawn on) for at least the payment due as shown on your statement by the payment due date In accordance with payment instructions on your monthly statement The back of your statements shows the rules we f~lIow when we p~st payments. Convenien~e checks and other checks we issue to you may not be used to make payments on your Acco'unt or to make payments on any other a.ccount you have With us or our affilJate~. The payment due WIll be: 2% of t~e 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 ~redlt line. However, the payf!1e.nt due Will not be. less t~an $1~ (~nless your new balance .is les,s than $15, in which case the payment due will be the amount of the .ne~ balance). If your ~ccount IS past due or abov~ t~e credit lI~e, we may require a higher mInimum payment, but we will notify you before doing so. If your payment is more than th.e payment d~e,. Jt will ~e treat~ as a sl~gle payment and none of It Will be applle? to future payments due. We may accept late or partial payments, or payments marked "paid in full" or marked WIth other restrictions, WIthout Imung our nght to collect all amounts owing under thiS Agreement. Finance Charges~ Excep.t as described.in the Grace Period for Purch~se Balance section of this Agr~ment, finance charges begin to accrue on a debit when it is included in one of your daiiy balances and continue until that ~alance IS reduced by a payme~t or credit. Yo~r Account has the follOWing balances: The Purchase B.alance, ~hich consists of your existing Purchase Balance an~ new purchases you make With your Card and fees for certain optIonal servIces; one or more Custo~ Cash ~dvance Balances, which consIsts of balances that you transfer to your Account uSing balance tr~nsfer checks and balances that we transfer for you; and ~he C~sh .Advance ~alance which consists of all other cash _advances and cash advance transaction fees. Any payment amount we receNe th~t exceeds the finance chafQes and fees th~n due Will ordinarily be apph~~ first to the Balance with the lo.west Annual Percentage. Rate (APR), ufltil that Balance is zero, and then to the Balance With the next lowest APR, untd that Balance IS zero, and then to any remaIning Balance. We reserve the nght to apply payments differently without further notice. The Purchase, Custom Cash Advance, and Cash Advance Balances .are redu~ed by payments as of the date received, and by credits as of the date posted, Purchases ~re included in your Purchase Balance as of the date made. Custom cash advances are Included In your Custom Cash Advance Balance as follows: funds electronically transmitted to other lenders to transfer balances, as of the date transmitted; checks to transfer balances, as of the date presented to us. Other cash advances are included in your Cash Advance Balance as follows: cash advances from other financial institutions and through A~tomated 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 w~ print on the check; all other checks, as of the date presented 10 us. Other debits are included in your Purchase, Custom Cash Advance, or Cash Advance Balance as of the date posted. Finance charges are added to your Purchase, Custom Cash Advance, and Cash Advance Balances each day and are then posted on the last day of the ,billing cycle. There is no grace period for custom cash advances or other cash advances. To fi.gure the .daily f)na.nce charge for ea~h type of Balance, we start with your previous day's Balance, ~dd all debits and su~tract all ~redits for the current day and multiply the net amount by the applicable dally p~nodlc 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 detelmlne the total fil1'a':'OO charges 00 balances for the billing cycle by addIng together the finance chafge'& for each ~pe of Balance for each day within the bi\\\ng 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 daily periodic rate for such a transaction will be the rate in effect for the current billing cycle rather than the rate in effect on the date of the transaction. Your statement includes an average daily balance for each.type of Balance. You can multiply each average daily balance that is not zero by the number of days in the billing cycle and the periodic rate to obtain subtotals, and then add the subtotals together to determine your total finance charges on balances for the billing cycle. If a cash advance transaction fee is charged, that amount is also a finance charge. The term "Prime Rate" as used irlthe Agreement means the highest prime rate published in the Waif Street Journal on the first business day of the previous calendar month. Any increase or decrease in the Annual Percentage Rate will take effect on the first day of your billing cycle and may result in a slight increase or decrease in the amount of your minimum payment. The ANNUAL PERCENTAGE RATE (APR) for purchases will va'Y and may be adjusted each billin9 cycle up to 0,24% above Prime Rate, but will in no event be less than 7.99%, Usin9 this formula, the APR for purchases in the September 2000 billing cycle is 9.74%, corresponding to a daily periodic rate of 0.02668%, The ANNUAL PERCENTAGE RATE for custom cash advances in the Custom Cash Advance # 1 Balance is 21.99%, corresponding to a daily periodic rate of 0.06025%. You can arrange to have a variable APR for custom cash advances (balance transfers) in the Custom Cash Advance # 2 Balance that is lower than the weighted average of the non-introductory APR you have been paying 00 tile total balances you have ttansferred from other credit card, retail, and installment actounts prO\lided your other accounts were open in September 2000. In calculating this APR we will take into account the APRs on the credit acc:ount balances you have transferred from other lenders. This APR is available only if you provide proof, in the form of copies of your most recent billing statements, showing your non~introductory APRs. Your new APR will take effe'ct in the billing cycle following our review of your proof, but not earlier than the end of your courtesy period. If we do not receive such proof your APR for custom cash advances in the Custom Cash Advance # 2 Balance will be as follows: The ANNUAL PERCENTAGE RATE for custom cash advances (balance transfers) in the Custom Cash Advance #2 Balance is 21.9%, corresponding to a daily periodic rate of 0.06000%. The ANNUAL PERCENTAGE RATE for cash advances is 21.9%, correspondin9 to a daily periodic rate of 0,06000%, If we receive your Account payment late 2 or more times in any 6-month period since October 1, 1999, on each such occurrence we may increase the, APR for purchases up to a maximvm 6f- 23.9% (corresponding to a daily periodic rate of 0.06548%), and increase the APR for cash advances and custom cash advances up to maximum of 23.9% (corresponding to a daily periodic rate of 0.06548%). If after you receive the higher rates your payments are received on time and you meet all other terms of this Agreement for 3 consecutive months, you may contact our Customer Service department and, at your request, we will review your Account for a possible APR reduction. If at this time the- APRs in your Account have already increased because you did not meet the existing terms of your Account Agreement, your eXisting APRs will continue to apply. If you meet all terms of this Agreement for 3 consecutive months and you contact our Customer Service department, we will review your Account for a possible APR reduction. Starting July 2000, however, the APRs described in the preceding paragraph will apply, if your Account payments are received late 2 or more times in any 6-month period since October 1, 1999. Grace Period for Purchase Balance. New purchases posted to your Account in billing cycles with no previous balance, or when the previous balance was, fully paid during the c:ycle, 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 your statement. New purchases posted in any olher billing cycle incur a finance charge. and there is no period in which such purchases may be repaid without incumng a finance charge. Fees. We may charge your Account $0 for: each Card you ask us to replace; each returned payment; each check you write on your Account that we return unpaid; each stop payment order or renewal of 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 r€guest copies of billing statements that. were first sent to you more than three. months earlier, we may charge a handling fee of $;2 for~ch such copy. If you request that we make a ont~..time automatic payment from your personal checking ac:count, we may charge your credll card account a fee of $4.95 for each request. ThiS fee IS a FINANCE CHARGE, and it will apply regardless of whether funds are available in your personal checking account to make the payment. We may charge a transaction fee of 3% (minimum $5), which is a one~time FINANCE CHARGE, on the amount of each cash advance, including cash from financial institutions, and A TMs, wire transfers, money orders, lottery tlckets, casino gaming chips, and similar transactions. Default. You will be in default: ifany information you provided us proves to.be incomplete o~ untrue; ify.ou do n<?t cof!lply with ~ny part of this Ag.reement; upon your deathl ba.nkruptc:y, or . insolvency; if you do not pay otMr debts when due; if a bankruptcy petl.tion IS filed by or agalnst.y.ou; or If we believe In good faith that you may not payor perform your oblrgallons under thiS Agreemenllf you are in default we may, without further demand or notice,. cancel you~ credit pnvlleg~, declare your Accoun~ balanCE! Immed!ately due and payabl~, and u~e any remedy we ~ay have. In the event of your default, the outstanding balance on your Account shall continue to accrue Interest at the APR{s) disclosed In the Finance Charges sectIon of thiS Agreement, even If we have filed suit to collect the amount you owe. Credit Line. Your credit line is specified from time to time in a separate notice. Xour monthly statem~nts show y~ur credit .line an~ the amount of your availa~le.credit. We may increase or decrease your credit line based on information we obtained from you or your credit records. Your avaIlable cred!t I~ normally.the dlffere.nce ~etween your credit line and yo~r Account balanc~ (including transactions made or authorized but not yet posted). If you send us a large payment check, we may limIt you.r avall~ble credit while we confirm that the ch~k wlll clear. For certain transactions, available credit may be less. You will not use your Account for, and we may refuse to honor, any transaction whIch would cause you to exceed your available credit. Promise to Pay. You promise to pay us when due al! amounts bo~rowe~ whe~ you or sOfJ!e~ne else use your Account (even if the amount charged eJ{ce~s your 'permis~ion), all other transactions and charges to your Account, and collection costs we Incur Including, but not limited to, reasonable attorney's fees and court costs. (If you Win the SUit, we Will pay your reasonable attorney's fees and court costs.) (Continued on reverse) (5846-0698) 4428671859718433 1531 599 Z561 ""~ "~~"." . ..I.;'~""'~~ ~~~ ~"~~- , L " ", ~"' ~ ~ "-, UJj_if[-,I!-~}_'" C~anges. After we provide you any notice requ!red ~ 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 balar:cpl t~clude items oasted to ~ Account before the date of the chance, and will apply whether or not you continue to use the Account. Forclgn Exchange/Currency ~nversion. If you use your Card for transactions in a clMr~I1CV other than U:S. dollars, the transactions will be converted to U.S. dollats, generally using either a (i) g?vemment-mandated rate or (II) wholesale market rate In effect t~e day before th3"transactlon 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 conversron 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; C.ancellation. You may cancel your credit privileges at any time by ~otifyi.ng us in writing and destroying the ~ard{s). Upon ~he Card ~xp!ration ~t the end of the month shown on it, we reserve the fight not to renew the Card. We ma.y can~elthe Card and your credIt pflvJ!e~es at.any time after 30 days nohce to you, or Wlt~O.ut notice I~ permitted by I~w, If your Card is cancelled or not r~newed, financ.e c~a.rges and ~ther fees Will continue to be assessed, payments will conhn~e to be due, and all other applicable provIsions of thiS Agreement Will remain in effect. If you terminate your credit pnvlleges, or If we cancel or do not renew the Card, you may no longer wnte checks on your Account, and you should destroy any unused checks we have issued to you. Personallnfo~matio~; Docum.e.nts. You ~ill provide ~s at least 10 days n~tice if you ~h~nge yo~r name, home or mail!ng addr~ss, tel~hone n~mbers, employment or income. Upon our request, you Will prOVide uS addlllonal financIal Information. We r~erve the nght to obtain Information from others, includmg credit reportrng agencies, and to provide your address and information about your Account t~ ot.hers. We m~v also share informati~n wIth ~ur affiliates. However vou mav writ~ to us at anY Ii,me instruclina ~s not 10, share credit information with our affiliates. If you do not fulfill your obllgatlol1s under thIS Agreement, a negatIVe credIt report that may reflecl on your credit may be submitted to the credrt reportmg agencies. Customer Service; Unauthorized Use, Loss, or Theft of Checks or the Card. Each Card must be signed on receipt. You are responsible for safeguarding the Card, your Personal Identification Number ("PIN", which provides access to Automated Teller Machines) and any checks iss.ued to you ~m theft, and keeping your .PIN separate ~om 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 Account, you Will promptly notify us by calling 1-800-933-7221. So we can Immediately act to limit losses. and liability, you will phone us even though you may also notify us in writing. Your liability for unauthorized use occurring before you notify us is limited to $50. If you report or we 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 stolen, you will promptly destroy all checks in your possession. To improve customer service and security, you agree that your calis 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. rfyou wish to stop payment on a check, you may send us a stop payment order by writing to us at our address for customer service listed on your statement. You can make a stop payment order orally by caUing the number listed on your statement. When you make a stop payment order, you must provide your Account number and specific information about the check: the exact amount, the date on the check, the name of the party to whom it was payable, the name of the person who signed it, and the check number. You will be asked to confirm an oral stop payment order in writing. We mav disreaard vour oral order if we do not receive a si~ned written confirmation within two weeks after the oral order, or if.we have not received an adequate description of the item so that payment can be stopped. The orderwilJ not be effective ift e 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 whicl1. 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 Ac.count will be processed mechanically without our necessarily reviewing every item, Our processin9. system will call our attention to certain items whichwe will examine, We will examine all transactions when you Teport thatyour.Card or checks have been lost or stolen, We do not intend ordinanly to examine all items, and we will nbt 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 r~ister or otherwise keep a record of them. You should also sav~ your credit card cash advance and purchase slips. You aaree to check vour monthlv statements aaainst vour record and to notify us immediatelv of anv unauthorized transactions or errors. Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision later. You waive: the right to presentment, demand, protest, or notice of dishonor; any applicable statute of limitations; and any right you may have to require us to proceed against anyone before we file suit against you. Applicable Law; Severability; Assignment No matter.where you live, this Agreement and your Account are governed by federal law and by New HampShire law. This Agreement is a final expression of the agreement oemeen you and us and may not be .contradicted by evidence of any alleged oral agreement If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider that prOllisioo modified to conform to applicable law, and the rest of the prC\lisions, 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 notice if permitted by raw, cancel the Card and your Credit privileges. We may transfer or assign our right to all or some of your payments. If state law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing 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 Agre~ment 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 effectrve when we receive it. YOUR BilliNG RIGHTS '" KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your nghts and our responsibilities under the Fair Cred, Billing Act, Not/fy Us In Case of ErrolS or Questions About Your BII~. If you think your bill is ~rong or if you need more information about any transaction on your bill, write ~s on a ~eparate sheet, at the address listed in the Billing 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 right.s. In your I~tter, give us the following in~ormatio~: - Your, name ~nd Account number. - The dollar amount of the suspected error. - Describe the error and explain, if you can why you beheve there IS an error. If you need more Informatron, descnbe the Item you are not sure about. If you have authorized us to pay your credit card bill automatically from your checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter musl reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Ruponsibllltles.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 le~er, we cannot try to collect.a~y amount you question, or report you ~s delinquent. W~ 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 ~o pay any finance ~harge related tO,any questioned amount. If we didn't make a mistake, you may h~~ to pay finance ,charges, and you will have to make up the missed payments on the questroned a~ount. In elth.er case, we wIII.send you a statem~nt of the ~~unt you owe ~nd the date that,lt IS due. If you fall 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 stili refuse to pay, we must tell anyone we report you to that you question your bill. And,we must tell you the name of any~ne we reported you,to. We,must tell anyone we report you to tha\ 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 prob.Je.m with the quality of the property or ~ervjces that you pur~h~s~ with our. c~dit card and you have tried in good faith to ~orrect the problem with the merchant. you may not have to pay the remaining amount due .~n the goods or services. There are!Wo limitations on thIS nght: (a) you must h~e. m~de the purchase ~n your home state, or if not within your home state, within 100 miles of your current mailing a~ress; 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. '. oa~~&t(l!'-\~oX~0;,,,~/'m'!~1Jj~_~iiI~'i~~l~!~.i;r,'.6Y""i'i.-'"H">~j_h'';';kDI~:~~j,ul''''<;" -, ""4Iil{ilIi.'iilti ~ -L!_,imd~~~llll!i!~:.ML i ML -,-.~" ' . ~ n ~ iQ. i ~ '" ~ 0 c::> ,-- ~ a . C a --~.~ e s: " 0\ B 6 -Ou' f.'::;} ".j li1n; ~"'q ~?; co I/) fN 1'0...) P I , -.J ;:S< ~ ,- ~ :S: '-.c' -v V? ,~ =..0 :~\: .;:-n ig ::,,;;::('") ~ l~ (3m Z ~--i =< po t,-, CD -< r. .~ "":'. I c .. ""~~~~_"''''"ili,m~ SHERIFF'S RETURN, REGULAR CASE NO: 2000-08804 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS BRUBAKER TERRY R DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberl~nd County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BRUBAKER TERRY R the DEFENDANT , at 0008:41 HOURS, on the 3rd day of January 2001 at 43 BUTTONWOOD LN CARLISLE, PA 17013 by handing to TERRY R. BRUBAKER a true ~nd 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 3.72 .00 10.00 .00 31.72 ~~ -C~I R. Thomas Klin€! 01/04/2001 PARK LAW ASSOCIATES Sworn artd Subscribed to before By: ffA/Jnd 4ftf::~ Deputy Sneriff tt- me this It! ~ day of q.(~'1 ~I A.D ~PJ(1 ~,~... r thonotary .