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Home My WebLink About01-0713 FX 'i"""" .. h t\1l.", .' f 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. RONALD E SILER LINDA M SILER Defendant NO. 01- 1/J Go~(T~ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 (717) 249-3166 (800)990-9108 THIS IS AN ATTEM;PT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 3.......,,-.. ~~,' - --,. ~'_L -- -~ __,I.,,, t 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#:4479434502515799 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS RONALD E SILER 4209 PARK ST CAMP HILL, PA 17011-4138 LINDA M SILER 4209 PARK ST CAMP HILL, PA 17011-4138 DEFENDANT NO. 01- 7/3 c.u;J I~ 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, RONALD E SILER, is an individual who resides at 4209 PARK ST, CAMP HILL, PA 17011-4138, and LINDA M SILER, is an individual who resides at 4209 PARK ST, CAMP HILL, PA 17011-4138. hI>it;I".,....,l. " '" - ;r"",. . 3. The Defendants are indebted to Elaintiff on the credit account by virtue of charges or cash advances incurred by the Defendants or authorized by the Defendants on a credit card or line of credit owned by the Plaintiff bearing account number 4479434502515799. 4. The Defendant requested an account, account number 4479434502515799, 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 Defendants have failed to pay the amount owed in accordance with the Account Agreement and have failed to pay the outstanding debt as agreed. 6. The Defendants are indebted to the Plaintiff in the amount of $1,890.50 as of 10/06/2000, plus pre-judgment contractual interest at the rate of 23.90% 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 $321.00. WHEREFORE, Plaintiff dema,nds that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendants in the amount of $1,890.50, plus pre-judgment interest at the contractual rate of 23.90% per annum from 10/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $321.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT 1- ALTERNATIVE .,~ci,~ ~ ~'H_ , ~, ,-j, I' ~~ . , 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendants received a monetary benefit, which was in fact appreciated by the Defendants. 10. The Defendants accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendants 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 Defendants to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendants 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 Defendants in the amount of $1,890.50, plus pre"judgment interest at the contractual rate of 23.90% per annum from 10/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $321.00, 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. """"-'I......," ,- , ~'-.- ""-' , &" -'-"'[lj~ , / VERIFICATION I, HEATHER KOOREMAN , declare that: I am a designated agent of PROVIDIAN NATIONAL BANK, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in California. Date Designated Agent ,"',4"""-1..<.~.".. , --i,.","JiiilliiJ.j"~li,_"I,jL' ,~ .1~';. ibPROVIDIAN Financial .~~~~.~..~~.~~~~.~; , Providian National Bank VISA@ or Maste~t,'H I BIT September 8. 2000 C ^ If Plea~e revi~, tfiis document and keep it with your other important papers. This Account Agreement contajns th!l terms whi~h. govern your Providian 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 card (the Card) wherever It IS honored and to get cash advances from us or any other participating fmanClallnstltutlOn and from Automated T eUer ~ach\nes, COI\\I~n\e~,c,? c~ks m, a\s~ ~ provided t~ you as ~n additional ~ay to ~se the Acc.ount In Ihis Agreement, "you" and "your" mean each person for whom we ~~ve opened a credit ca~d Account. We, our, ours, and. us mean Provld!an 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. If the Account was opened as a joint account, we may act on the instructions of either joint accountholder. You and we agree as follows: Paym~nts. You will receive a monthly statement showing your outstanding balance, Payment on this Account is required in U,S. do'lIars (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 state~ent by the payment due date in accordance with payment instructions on your monthly statement. The back of your statements shows the rules we ~llow when we p~st payme~ts, Convemen~e 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 a,ccount you have With us or our affiliates. !he payment due will be: 2% of t~e new balance shown on your statement plus th~ amount of any past due payment, and may include the amount by which the new balance exceeds your ~redit hne. However, the payme.nt 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 the .n~ balance). If your ~ccount IS past due or abov~ th.e credit It~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"lt Will ~e treate~ as a sl~gle payment and none of It ~dl be apph~ to future payments due, We may accept late or partial payments, or payments marked "paid in fun" or marked With other restflctlons, Without lOSing our fight to collect all amounts oWlOg under thiS Agreement. If you have made sp'ecial payment arrangements with either First Union or Providian, you need to continue making Ihe agreed upon payments. Finance Charges: Except CiS described .in the Grace Period for Purch~se Balance section of this Agr~ment, finance charges beQin to accrue on a debit when it is included in one of your daily balances and continue until that ~Iance IS reduced by a payme~t or C.redlt. Yo~r Account has the followlOg balances: The Purchase ~Iance ~hich consists of your existing Purchase Balance an~ 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 t~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 receIVe th~t exceeds the finance charQes and fees th.en due will ordlnanly be apph~ first to the Balance with the lowest Annual Percentage Rate (APR), until that Balance is zero, and then to the Balance With the next lowest APR, until that Balance IS zero, and then to any remalmng Balance, We reserve the right to apply payments differently without further notice. The Purchase, Custom Cash Advance, and Cash Advance Balances ,are redu~ed by payments ~s of the date received, and by credits as of the date posted Purchases are included in your Purchase Balance as oHhe dat~ made, Custom cash advances are Included In your Custom Cash Advance ~I~nce as follows: funds ~lectronicalJy 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 T eUers, 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~ prtnt 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 Athlance 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 posled on the last day of the billing cycle, There is no grace period for custom cash advances or other cash advances. T 0 ~gure the ~ily ~na!1ce charge for ea~h type of Balance, we start with your previous day's Balance, ~qd all debits and sut?tract all ?redits for the current day and multiply the net amount by the appliCable dally peflodlc rate (see follOWing paragraphs). The finan~e. charge for eac~ type of Balance IS then added to and Included In that day's Balance, We treat a credit balance for any day as zero. We determine the total finance charges on balances for the billing cycle by adding together the finance charges for each type of Balance for each day within the billing cycle, In calculating finance charges, an adjustment will be made for any 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 10 effect for the current billing cycle rather than the rate in effect on the date of the transaction, Your statement includes an Clverage daily balance for each type of Balance. You can multiply each average daily balance that is riot 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 Wa/J Street Journal on the fi~t 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 win va"l and may be adjusled each billing cycle up 10 13.4% aWle Prime Rale, but will in no evem be less Ihan 21.9%, Using Ihis formula, the AP~ for purchases in the September 2000 billing cycle is 22,9%, corresponding to a daily periodic rate of 0,06274%, The ANNUAL PERCENTAGE RATE for cash advances is 21.9%, corresponding 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 maximum of 23,3% (corresponding to a dClily perio~ic rate of 0.06384%), and increaSE! the AP~ for cash advances and custom cash. advances up to maximum oJ 23.9% (corresponding to a daily periodic rate of 0.06543%). 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 aU 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-mQnth period'since October 1, 1999, . Grace Period for Purchase Balance. New purchases posted to your Account in billing cycles with no previous balance, or when the previous balance was fully paid during the cycle, do not begin to incur a finance charge until the start of the next billing cycle. You will pay no finance charge on such new purchases if you pay the total new balance in full by the payment due date shown on your statement. New purchases posted in any other billing cycle incur a finance charge, and there is no period in which such purchases may be repaid without incurring a finance charge. Fees. We may charge your Account $0 for: each Card you ask us tOJeplace; each returned payment; each check you write on your Account that we return unpaid; each stop payment order ~r renewal of such an order; each billing cycle within which your Account is delinquent (late charge); and each billing cycle within which your balance ex~eeds your credit line (overlimit fee), even If your Account is closed, If you reguest copies of billing statements that, were first sent to you more than three. months earlier, we may charge a handling fee of $~ for e,ach such copy. If you request that we make a one~time automallc payment from your personal checking a~count, 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 transactiol1 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 tickets, casino gaming chips, and similar transactions. Default. You will be in default if any information you provided us provl!l~ to.be incomplete o~ untrue; ify.ou do n~t cOl!lPly with ~ny part of this Agreement; upon your death) ba.nkruptcy, or , insolvency; if you do not pay other debts when due; if a bankruptcy pet!tion IS filed by or a~lnst,Y.ou; or If we belreve In good faith that vou m~y not.pay or perform your obligations under thiS Agreement. If you are in default we may, without further demand or notice, cancel you~ credit pflvlleg~s, declare your Accoun~ balan~ Immediately due and payabl~, and ~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 sPE!cified fr?m time to t!me in a separate notice. Xour monthly statem~nts show Y.9ur credit line an~ the amount of YO.ur available ,credit. We may increase or decrease your credit line based on information we obtained from you or your credit records. Your available cred~ I~ normally ,the dlffere~ce ~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 hmlt you,r avall~ble Credit while we confirm that the che~k will c1~r, 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 p~mi5e to pay us when- due all amounts bor.rower:t whe~ you or so~e~ne else use your Account (~ven if ihe amount charged exce~ds 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.) Changes. After we provide you any notice required by law, we may cha.nge any part of this Agreement an~ add or remove requirements. If a .change is made to the Fl~ance 9harges 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 oosted to ~ Account 'oefOTe'the date of the channe, and w\\\ apply whether or not you contil\ue \0 use the Accoul\t. Foreign ExchangeJCurrenG}' Conversion, If you use your Card for transactions in a curr~ncy other than U:S. dollars, the transactions will be convert~ to U,S, dollars, generally using eilryer ~ (i) government-mandated rate or (ii) wholesale market rate in effect the clay 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 sarTIe 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. (Continued on reverse) (5840.0698) 4479434502515799 1525 003 Z561 - ~ ....~_~~~~ ,J I.'" _..'~ ~'-"ftiIJ~"",'"'''IiJ'-;,,*,:''' The Card; C.ancellation. You may cancel your credit privileges a1 any time by ~otrfi.ng us In'"writinfj and destroying the 9ard(s), Upon the Card expiration ~t the end of the month shown on it, we resewe the nght nol to renew the Card. We ma.y can~ellhe Card and your crectlt privileges at.any time after 30 days notice to you, or without notice if permitted by law. If your Card is cancelled or not ~newed, finan~ crya,rges and ?ther fees will continue to be assessed, payments will conlln~e to be du~ and all other applicable provisions of this Agreement will remain in effect. .If.wu terminate your credltpflvlleges, or If we cancel or do nol renew t~e Card, you may no longer write checks on your Account, and you should destroy any unused checks we have issuett~ypu, Personallnfo~matio.n; Docum~,nts. You ~i11 provide ~s at least 10 days n'?tice if you ~h?nge yo~r name, home or mailfng addre_ss, telephone numbers, employment or income. UPE~~our req.1est, you will provIde US additional financlallnfo~matlon. .We r~senle the. right to obtain information from others, including credit reporting agencies, and to provide your address anllr"to"Jrnation about your Accol,!nt to others. We m~ also share Informab~n with ~ur affiliates. However vou mav write to us at anY time instructina us not to share credit information with our affiliates. If you do not fulfill your obligations under thIS Agreement, a negative credit report that may reflect on your credit may be submitted to the credit reporting agencies. Custome,~ Se~ce,: Unaut!1orized Use, Loss, or Theft of Chec~ or the Card, Eac~ Card must be signed on receipt. you are responsible for safeguarding the Card, your Personal Identification Number ( PIN t' which provides access to Automated Teller Machmes) and any checks Iss.ued 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 Account, you will promptly notify us by calling 1.&00-933-7221. 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 ~uspect unauthorized use of y~ur Account, we. may su~pend your credit privil~ges 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 calls may be monitored or recorded. Merchant Relations. We wiJJ not b~ liable if any person or Automated T e.Uer 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 ;'l'B not responsible for the quality, availability, or results of any of the services you choose to use. Stop Payment Orders. If you wish to stop payment on a check, you may send us a stop payment order by writing to us at our address for customer service listed on your statement. You can make a stop payment order orally by ca\\\ng 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 arJ.1ount. .the date on th~ check, the name of the. party to whom i~ was ~yable, ~he name of th~ pe~o~ who signed it, and the check numb.er. You will be as~ed to confirm an oral stop payment order In writing. We m dlsre a dour 0 I 0 e If we do not receIVe a SI ne wntten confirma Ion Within 0 weeks a er the oral order, or If we have not received an adequate description of the item so that payment can be stopped, T e 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 Ch6~k and C~rd slip ~ill be s~nt to, us, t~nsactislOs in your AcC?Ount will be processed mechanically without our necessarily reviewing every item. 9ur proce~sing system will call our attention to certain Items which we Will examine. We will examine all transactions when you report that your Card or checks have been lost or stolen. We do not Intend ordinarily to examine all items, and we will not be negligent if we do not do so. This rule establishes the standard of ordinary care which we in good faith will exercise in administering your Account. Because of our limited review and because neither your cancelled checks nor Card transaction slips will be returned to you with the monthly statement, you should be careful to enter all checks in your check register or othE!fWise keep a record of them. You should also save your credit card cash advance and purchase slips. You aoree to check vour monmlv statements aaainst vour record and to notifv 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, demat'Jd, protest, or notice of dishonor; any applicable statute of limitations; and any right you may have to require us 10 proceed aga.inst 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 Agreemerit is a final expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to conform to applicable law, and the rest of the provisions in the Agreement will still be enforceable, At any time after we determine in good faith that any proposed or enacte~ legislation, regulatory a~tion, or jU~lcial.decision has ren~~red or. may render any material provisions of this Agreem~nt invalid or u~enforce~le,. 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 pennllled by law, cancel the Card and your Credit privileges. We may transfer or assign our right to all or some of your payments, If state law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing 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 !ltart upon maili~g. 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 Summ,ary on y~)Ur bill. Write to us a.s soon as possible. ~e must hear f~m you no I~ter than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but dOing so ~III ~ot preserve your nght.s. In your I.etter, gIVe us the followmg lO~ormatio~: - Your. name ~nd 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 IOforma1Jon, descnbe the Item you are not sure about. If you have authorized us to pay your credit card ~ill automat~cally 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 Receive Yo,!, Written Notice. We mus! acknowledge your letter within 30 days, unless we have con:ected the error by then.. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receIVe your letter, we cannot try to collect any amount you question, or report you ~s delinquent. W~ can continue to bill you for the ;:!mo~nt y~u question, including finance ch!irges, and we,can ap~ly any unpaid amount against your credit line, You do not have to pay any questioned amount while we are investigating, but you are stili obligated to pay the parts of your bill that are not In question, , If we find that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount If we didn't make a mistake, you may h~v~ to pay finance.charges, and you will have to make up the missed payments on the questioned a~ount. In eith,er case, we will ,send you a statem~nt of the ~m~unt you owe .and the date that. It 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 wnte to us Within 10 day.s telling us that you stili refuse to pay, we must tell anyone we report you to thai 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 correcl. Special Rule for Credit Card Purchases. If you have a prob.le.m with the quality of the property or ~ervices that you pu~h~s~ with our. c~dit card and you have tried in good faith to c.orrec1 the problem with the merchant, you may not have ~o pay the ':8malnmg amount due .~n the goods or services. There are ~o limitations on this nght (a) you must haye. m~de the purchase !n your home state or if not within your oome state, Within 100 mIles of your current ffiatlir\g address; aoo {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'-'L~~cdlr'r: I, __. .....Ii I V'-- ...~ ,., "" '''''.1''' -, l"nDV 1,..)) :':"_~ ~,J:'},-_!jl'iU1\\...\t\l11 01 FES -5 PH 2: 24 CU',1P\:"U' ;,t'" ('0' UNTV PII'-"_~ \ "1 i..J..I I I PENNSYLVANiA ~ 1 I . i ~ . I I ~ i I , , '" ~ ~ ~~ ~ S/'/.j(). co '-- S.oo- s;';;;f- .,soy r. ..f'O - 'PeL 4IIy C&L Sf Co ( W /Cf7Iq-p ~ , ~,~" ~ ;tib;] ,~'" .t ~ SHERIFF'S RETURN - REGULAR J CASE NO: 2001-00713 P , I COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS SILER RONALD E ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SILER RONALD E the DEFENDANT , at 0017:33 HOURS, on the 7th day of February, 2001 at 4209 PARK ST CAMP HILL, PA 17011 by handing to RONALD E. SILER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.06 .00 10.00 .00 36.06 SOAn~, A~ r; '1"'- R. Thomas Kline , ' Sworn and Subscribed to before me this JcJ-~ day of 02/08/2001 PARK LAW ASSOCIATES By: (\ .'\l \/ d \)illm a- WJL Deputy Sheriff f-Jt ;:_ A.D. ~ Q. r,., ~ othonotary , '- - - SHERIFF'S RETURN - REGULAR '-,' f. ) CASE NG: 2001-00713 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS SILER RONALD E ET AL DAWN KELL " "~ Ai ~ ,~ '_~11' I.' ~\ -, , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE SILER LINDA M was served upon the DEFENDANT , at 0017:33 HOURS, on the 7th day of February, 2001 at 4209 PARK ST CAMP HILL, PA 17011 RONALD E. SILER (HUSBAND) by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before /". "'!:: me this "'- day of Jf:;:;; de.; A D ,.u.... t1. ,p#'"'1 ~ rothonotary So Answers: ~~~~i R. Thomas Kline 02/08/2001 PARK LAW ASSOCIATES By: \JO-LvYI i M Deputy Sheriff ;.--~ -'\ VALERIE ROSENBLUTH PARK, ESQURIE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF PROVIDIAN NATIONAL BANK Plaintiff VS. RONALD E. SILER AND LINDA M. SILER Defendant , I~ CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.2001-00713 1 PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended upon payment of your costs. PARK LAW ASSOCIATES, P.C. BY: VAL ~ ~ ~"M'HI~t","'i -"t,c ''r'' ,~.;" ~ -I.,,' ,(.._-'--"'=C=::;-:;==--=-==_' \""1\ 'ol,'r,n ."2 Dj, 2: C,? .,/ j r r;:n \.. ~ ...... CUMi2i.:.Hl,.;'-\\U COUN1Y PENNSyWN-l\f\ , ,"0 j i o~ l lli ~~ ! ! ~ m .'% I ~ /; I .~ ~ t ~ J j 1 I ~