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Home My WebLink About01-0818 FX ". L": .-,."" ." ,', -"-~:"~'i~"~c;, .,. :::Jtti,\ , ., -,' 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS. GEORGE E WAGNER Defendant NO. 61- II!> Cu~l y~ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or obj ections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. """ ,~ " ~ ~ . J, " - - -- .,;, ,',;. ~, ,,;,' . " " VALERIE ROSENBLUTH PARK ATTORNEY I.b. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4428001172113551 CUMllERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VB GEORGE E WAGNER 792 PETERSBURG RD CARLISLE, PA 17013-9218 DEFENDANT NO. 6/- Sir ~ 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 consu~er credit accounts in Pennsylvania and is the owner of this account, which is the subject matter of this action. 2. The Defendant, GEORGE E WAGNER, has a mailing address at 792 PETERSBURG RD, CARLISLE, PA 17013-9218, 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 4428001172113551. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,', 'c -'.._ '..L...<. .- ,;- ~: "y, 4. The Defendant requested an account, account number 4428001172113551, 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 $14,039.13 as of 10/12/2000, plus pre-judgment contractual interest at the rate of 23.30% 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 $2,386.00. WHEREFORE, plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $14,039.13, plus pre-judgment interest at the contractual rate of 23.30% per annum from 10/12/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,386.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT I- ALTERNATIVE 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. " "iko .-~ ~-k-~~ "-~_",' - ~'-'-,- , " ,-" - ~-f lHo) 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 $14,039.13, plus pre-judgment interest at the contractual rate of 23.30% per annum from 10/12/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,386.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY'~ V IE LUTH 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 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. --- ~~ .,- . , , ',.;:. ~ . 'h. VERIFICATION I I HEATHFR KnnRFMAN , 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 Designated Agent "',"ll11 =~.o =~_ '"' "I" , ,,',n. ~.~ ~', " .(;.~ ~PROVIDIAN Financial ~~~~~~~~~~~~~~~~~~~ ft Please review this document and keep it with your other important papers. This Account Agreement contains the terms which govern your Providian National Bank VISA or MasterCard Account (the '~cc.oun.tj.. The Account allows you to make pu.rchases by uS,lng your VISA or MasterCard c~rd (the "Card") wher~~er 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 addJ1ronal way to use the Account. !n this Agreement "you" and "your" mean each person for whom we ~ave opened a credit card Account. "We," 'our," "ours,' and."tls" mean Provid!an National Bank or its as~ignees, as listed on your blUing statemen,!. The Account may be used only for personal, farrllly, household, and chantable 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 rec.eive,a monthly statement showing your ciutstanding balance. Payment on this Account is required in U.S. dollars (checks mus! 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 statel!lent by the payment due date in ac~ordance with payment instructions on your monthly statement. The back of your statements shows the rules we f~now when we P?st payments. ConveOlen~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 ha~e With us or our affiltat~. !he payment due will be: 2% of th.e new balance shown on your statement plus th~ amount of any past due payment, and may include the amount by which the new b~lance exceeds your ~redlt line. However, the paYl!le.nt due Will not be. less t~an $1~ (~nless your new balance .IS less than $15, in which case the payment due will be the amount of the ,ne~ balilln~). If your ~ccount IS past due or abov~ th.e credltll~e, we may reqUIre a higher minImum payment, but we will notify you before doing so. If your payment is more than t~ payment d~,.lt WIll ~ trrat~ as a sll'l-gle payment and none of It ~Ill be ~ 10 future payments due. We may accept late or partial payments, or payments marked .paid in full" or marked With other restrictions, Without lOSing our nght to collect all amounts OWing under thls.Agreement. Finance Charges: Except"'s 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 daily balances and continue until that ~alance IS reduced by a payme~t or credit. Yo~r Account has the follOWing balances: The Purchase Balance, which consists of your existing Purchase Balance and new purchases you make With your Card and fees for certain optional services; one or more Custom Ca'sh Advance Balances, which consists of balances that you transfer to your Account using balance t~nsfer check,S and balances that we transfer for you; and t.he C~sh .Advance ~alance which consists o! all other cash advances and cash advance transaction fees. Any payment amount we receIVe that exceeds the finance charges and fees then due WIll ordlnanly be applied 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 remaining Balance. We reserve the right to apply payments differently without further notice. ' The Purchase, Custom Cash Advance, and Cash Advance Balances .are redu~ 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 m your'Custom Cash Advance Balance as follows: funds electronically transmitted to other lenders to transfer balances, as of the date tmnsmJlled; 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 Au.tomated Tellers, as of the date made; cash advance checks made payable t~ you t~at are i~entified as cashie~s ch@cks.and mailed to you at your request, as of seven days after the date we print on the check; all other checks, ,!-S of the date presented to us. Other debits are Included In your Purchase, Custom Cash Advance, or Cash Advance Balance as of the date posted'- Finance charges' are added to YOUr' Purchase, Custom Cash Advance, and Cash Advance Balances each day and are then posted on the last day of the billing cycle. There is no grace period for custom cash advances or other cash advances. To figure the daily finance charge for each type of Balance, we start with your previous day's Balance, add aU debits and subtract all credits for the current day and multiply the net amount by the applicable daily periodic rate'(see following paragraphs}. The finance charge for each type of Balance is then added to and included in that day's Balance. 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 in effect for the current billing cycle rather than the rate in effect on the date of the transaction. Your statement includes al1 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 rs 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 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 is 23.3%, corresponding to a daily periodic rate of 0.06384%. You can arrange to have a variable APR for custom cash advances that is lower than the weighted average: of the non-introductory APR you have been paying on the total balances you have transferred from other credit card, retail, and installment accounts provided your other accounts were open in'September 2000. In calculating this APR we will1ake into account the APRs on the cred!t account balances you have transferred from. other lenders. Th}s APR is avail~ble only if yo~ provi~'proof, in the fo~m of copi~s of your most recent billing ~tatements, showing your other non-mtroductory APRs. Your new APR will be vanable, based on Pnme Rate and Will take effect In the bIllIng cycle followmg our review of your proof, but not earher than the end of your courtesy period. If we do not receive -such proof your APR for custom cash advances will be as follows: The ANNUAL PERCENTAGE RATE for custom cash advances is 23.3%, corresponding to a daily periodic rate of 0.06384%. The ANNUAL PERCENTAGE RATE for cash aclJances is 23.3%, cOlleSponding to a daily periodic rate of 0.06364%. If we receive your Account p~ymen~ la~e 2 or more times in any ?-month periOd since October 1, 1999, on each such occurrence we may in~rease the APR for purchas~ up to a ~axifT!u~ of 23.3% (corresponding to a dE!11y penodlc rate of 0.06384%), and Increase the APR for cash advances and custom cash advances up to maximum of 23.3% (corresponding to a dally penodlc rate of 0.06384%). 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; a1 your request, we will review your Account for a possible APR reduction. . If at this time the APRs in your Accoun~ have already increased because you did not fT!eet1he existing term~ of y?ur Account Agreement, yo~r existing APR~ will conti~ue to apply. If you meet all tenns 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 pre<:eding 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 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 i.f 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 incumng a finance charge. Fees. We may charge yo.ur,Account $0 for: each Card you ask us to ~epla~; each returned payment; each ~~eck you w~it~ on your Account that we return unpaid; ~.ch stop ~y.ment order ~r renewal of such an order; each billing cycle within which your Account IS delinquent (late charge); and each bin,ng cycle w!thln which your balance ex~eeds your credIt hne loverhmlt fee}, even If your Account is clo,sed. 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~ fore.ach such CO'fY'f. 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 one-time FINAt:lCE 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 prov~ to.be incomplete o~ untrue; ify.ou do n~t cof!1PIy with ~ny part of this Agreement; upon your death) ba.nkruptcy, or . insolvency; if you do not pay other debts when due; if a bankruptcype~on IS filed by or agalnst.y.ou; or If we beheve In good faith that you 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 pfNlleg~, declare your Accoun.t balan~ Immediately 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. y'our monthly statem~nts show yt;lur credit Hne an~ the amount of your avail~le .credit. We may increase or decrease your credit line btlsed on information we obtained from you or your Credit records. Your aVailable cred~t t~ normally.the difference l?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 aval~ble credit while we confirm that the c~k will cl~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 promise to pay us when due all amounts bOl:rowe~ whe~ you or sO~e<?ne else use your Account (~ven if the amount charged exce~ 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 change any part of this Agreement and add.or remove requirements. If a change is made to the Finance Charges section of Providian National Bank VISA@orMasterCardKl Account Agreement for George E Wagner . Septeniber 27, 2000 EXHIBIT (Continued on ,"verse) (5848-0698) 4428001172113551 0184 561 Z561 ~_"o, ~ .. >.~" '~""'-'""'~ -~ ~ a -- , ~ ,-~ ,'r'w' t'l ""_...~, 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 Dosted to:lQ!!L Account before the date of the chance, and will apply whether or not you continue to use the Account. Foreign Exchange/Currency gonversion. If you use your Card for transactions in a cu~ncy other than U:S. dollars, the tran~actions will be converted to U.S. dollars, generally using either a (i) gowernment.mandated rate or (II) wholesale market rate In effect the day before the transaction IS processed, Increased by three percent (3%). -If a credit is subsequently giver'!, for a trons"'ction, it will be decreased ~ the same percentage. The currency conversion rate used on the,conversipn 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. I The Card; c,ancellation. You may cancel your credit privileges at any time by notifvi.ng us in writinlJ and destroying the Card(s), Upon the Carel expiration at the end of the month shown on iI, we reseNe the fight not to renew the Card. We m~y can~el the Card and your credit prlvll~es at.any time after 30 days notice to you, or without notice if permiUed by law. If your Card is cancelled or not r~newed, financ,e c~a.rges and ?ther fees Will continue to be assessed, payments Will continue to be due, and all other applicable provisions of this Agreement will remain in effect. If you termInate your credit priVileges, or If we cancel or do not renew the Card, you may no longer write checks on your Account, and you should destroy any unused checks we have issued to you. Personallnfo~atio,n; Docum~,nts. You ~ill provide ~s at least 10 days n~lice jfyou ~h~nge yo~r name, home o,r mail~ng address, telephone numbers, employment or income. Upon our request, you Will provide us additional financilallnfo~matlqn. .We r~erve the. right to obtain mformatron fi1?m others, Inclu~mg ~redit r~porting agencies, and to provide your address and Information about your Account t? ot.hers. We m~v also share mformatl?n wIth ?ur affiliates_ However vou mav Wrlt~ to us at anv tl.me mstructma us not to share credit mformalton 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. Customer Se~ice.; Unaut.horlzed Use, Loss, or Theft of Chec~ or the Carel. Eac~ 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 yourC~rd, PIN, or <i:lny unused che~ks .~re lost or,stolen, or that there may be an unauthoriz.ed tra~sac~i~n on you~ A~ount, you will ~romplly 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 ,als~ ~Otlfy us I~ writing. Your habdrly for unauthon;ed u~e occ~rring 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 calls may be monitored or recorded. Merchant Relations. We will not be liable if any person or Automated T eUer Machine refuses to honor the Card or accept your checks, or'fails to return the Card to you. We have no responsibillty 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 quC!lity, availability, or results of any of the services you choose to use. Stop Payment Orders. If you wish to stop payment on ~ 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 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 ord~r in writing, We -mav disrtoard vour oral order if w.e do not recei~e a. si~ned written conf!rmation within two weeks after the oral order,.or if we have not received an adequate deSCriptIon of the Item so that payment can e stopped. The order will not be effective 1ft e check was paid by us before we had a reasonable opportUnity tQ 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 oot every check and Card slip will be sent to us, transactions in yoor Account will be prt;)C6ssed mecllanically without our necessarily reviewing every item. Our processing 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 st~tement, you should be careful to enter all checks in your check register or otherwise keep a record of them. You should also save your credit card cash advance and purchase slips. You aoree to check vour monthlv statements aaajnst vour record and to notify us immediatelv of anv unauthorizM transactions or errors. Waiver of Certain Rights. We may delay o~ waive enforcem~nt of any provisi.on. of.this Agreemen~ without losing our right t~ enforce it or any oth~r provision later. You waiv~: 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, t.his AgreerT!ent and your Account are governed by federalla~ .and by. ~ew Hampshi~e law. This ~gr~ment is a final expression of ,the agr,eement oetween you and us and may not be ~ontradlcted by eVIdence of any all~Qed ~ral agreement If a~y p~ovlslon of thIS Agreement .IS held to be invalid .or ~nenfor~bJe, you and we Will conSIder that provision modified to conform to applicable law, and the rest of the prOVISions In the Agreement Will stdl be enforceable. At any time after we determine In good fajth that any proposed or enacted legislation, regulatory a~tion, or iu~icial.decision has ren~~red or. may render any material provisions of this Agreem,ent invalid or u~enforcea.ble,. or impose any increased tax, reporting requirement, or other burden In connectlon,wlth any such proVISion or Its enforcement, we may, after at l~st30 days notl~e to y~u, or Without notice If permitted 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 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 conlains important information about your rights and our responsibilities under the Fair Credit Billing Act Notify Us in Case of Errors or Questions About Your Bil!. 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 y~ur bill. Write to us a.s soon as pOSSible. ~e must hear fr~m you no I~ter Ihan 60 days after we sent you the first bill on which the error or prob!em appeared. You can telephone us, but doing so ~11I ~ot preserve your rlgh~. In your 1~1ter, gIVe us the follOWing In~ormatlo~: - 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 Information, descnbe t~e Item you are not sure about. !f you have authorized us to pay your credit card bill automatically from your checking account, you can stop the payment on any amount yo~ 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 Your Written Notice. We mus~ acknowledge your letter within 30 days, unless we have corr:ected the error by then.. Within 90 days, we must either correct the error or exp'Jain w~y we beli~ve the bill was correct. After we receIVe your le~er, we canno~ 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 ch~rges, 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. lfwe find that we made a mistake on your bill, you will not have ~o pay any finance ~harge related to.any questioned amount. lfwe didn't make a mistake, you may h~~ to pay finance.charges, and you will have to make up the missed payments on the questioned a!11ount. In elth.er case, we wlll.send you a statem~nt of the ~m?unt you owe ,and the date that,lt IS due. If you fall to pay the amount we think you rme, we may report you as delinquent. However, If our explanation does not satisfy you and you wnte to us Within 10 clays telling us that you stili refuse to pay, we must tell anyone we report you to that you question your bill. And, 'r'e must tel! you the name of any~ne we reportedyou,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 cant collect the first $50 of the questioned amount, even jfyour bill was correct. Special Rule for Credit Card Purchases. If you have a prob.le.m with tbe quality of the property or ~ervices thai you pur~h~s~ with our.c~dit card and you have tried in good faith to c.orrect the problem with the merchant, you may not have ~o pay the ~emamlng a.mount due ,~n the goods or services. There are!Wo 11m. ltatlons on thiS nght (a) you must hay-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 YOIJ the advertisement for the property or services. -"'" -" _ ~ ,,,", " ~l"~ ~ \ . ~, ~- - ",.!@I P,' ~ - ~ ,~",,,,. ':'".""T""""""" ~iIlO.k' Complete this short form an'd ;"turn \t in the postage.paid envelope provided. 3D-Second Response Certificate Yes, I want to accept your invitation for a customized VISA" Gold account! I have read the !ermson the bad< of the brochure. I agree to be bound by the ACCOWlt Agreement (which will be mailed to me before my VJSA card is Issued) and to repay principal, interest, and interest thereon, except that I will have no obligation if I return the card(s)and cI=ks unused and cancel my aa:ount alter reviewing tI1e Account Agreement. i I! :11 ,I, :11; c...\.,a.~1!.- ~c:>.dd.V"e'5s:' 5 3 0 4 0 5 9 3 George E. Wagner 1/-3 ,111 t-JJa1 i~ll Sr:v?e RO.BDX ~ ga~li.la, FA 11814 19J7t8S "BoILING. Spra/N("S) PA noo, 2721N1 CT326 GX018 SMEL RGIR MEl'E NHAD DCAA 16- 721-01530-3477-0 .. MO't .."&CIII This invitation expires: October 30, 1995 Lf 5'.' Social Sec:urity Number C!17) ;LSi.6~2 Home Phone ( ) Work/Second Phone ")'-0 !. ~l.,.a(L. Annual HoWlehold Income Reference Number: 167400456 Box Year Batch SSN ^_............_....u. : 3050 : 95 : 59 : 167400456 . AA~onn~~~~~~~~~4 No Annual Fee . $20,000 Credit Line . Immediate Cash . lowest Purchase Rate . GUAIlAN'nIiD SAVINGS I(T~~ It. l'hom.ts. Mazur Vice President Credil Protection Plan (Optional) YES. I would like to help protect my VISA Gold account and credit l"ating with the optional Credit protecti~ described on the enclosed flyer. YES ...:/.V (Initial here to emolll 721-01530-3477-0 II \AIRIr.:l-l UVl49 pf'1 d- ~~Ii@!~liiNIOO!i~!jj;,~~~~lt\&~,~\'-,ftktili"'~'i"~~:"'__":~O"j~.'(:"""'JibllM",.."tf>~;<;.*",~M,j, ,<,';'"' .~. 11 ~ ~ '-mMliif"l'1J'tj;on~'~<Il:liii;;jj~_ki/. ~ ~ -&q. !'l~-g dq~ -...} ::tJ ~ p::~ ~ 17 ()- i ~ ..a ~ ~ ..~ ,.. ~.~ o C ""'.J~j rnrT: ~~' ,<CJ :J>C 20 )>C Z ~ ~, - , ~- '_.J '.." f'"l" ":0 1 '.0 U1iIII~~ lF , I,,' -'0 ..... "'38 ,,',,;? ","t t',,) C:' -<.,iT\ ~ p,. <:0 =< U1 (II ~ .~~ ." -- ~', '~ .., .' , ,~ . ' "~ ,,~, "i~; SHERIFF'S RETURN - REGULAR CASE NO: 2001-00818 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK vs WAGNER GEORGE E CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being du~y sworn according to law, says, the within COMPLAINT & NOTICE was served upon WAGNER GEORGE E the DEFENDANT at 0015:26 HOURS, on the 14th day of February, 2001 at 792 PETERSBURG ROAD CARLISLE, PA 17013 by handing to GEORGE E. WAGNER 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 3.10 .00 10.00 .00 31.10 S;?R2 ~~t;~( R. Thomas Kline ~ me this .;l.v day of 02/15/2001 PARK LAW AS:~~I~TE~( /J ~~<. By: rf/ ~Ap<. De ty Streri f Sworn and Subscribed to before j~ cktn)! A.D. ~r2 /hd//Jt'T" Prothonotat- ~ ~ ~ ' " ....' < -, J< "'"",~,~,";-! ~'^, IH -~ 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: 792 PETERSBURG RD CARLISLE, PA 17013-9218 4428001172113551 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS GEORGE E WAGNER Defendant NO.01-818 CIVIL TERM PRAECIP,E FOR JUDGMENT TO THE PROTHONOTARY: ! Please enter Judgment in favor of the Plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS $14,039.13 $2,386.00 $1,415.99 ($0.00) ($0.00) $17,841.12 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 CERTAI~ 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". TOTAL VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND. NOW, M::i/1r t.. :; b .' .:2t'y\ ( , 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. "^'"""'-'"~ _. _'C ,.'ro__' . . .1 ,.,,". -,",-";;,.,,,- "&"< ^"..:. " """",~"";.w;, ~..--i-.: ) kJ ~ 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. .=;,~""'=~ ". "> .j'" ,J I. I ~-"'~_o'.-'""" - <_ _'~,.& VALERIE ROSENBLUTH PARK ATTORNEY !.D. # 72094 PARK LAW ASSOCIATES,P.C. 25 EAST STATE SlREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAThITITF CUMBERLAND COUNTY COURT OF COMMON PLEAS I HEREBY CERTITY TIIAT THE TRUE AND CORRECT ADDRESS IS: PLAThITITF: 295 MAIN SlREET TILTON,~03276 DEF: 792 PETERSBURG RD CARLISLE, PA 17013-9218 PROVIDIAN NATIONAL BANK Plaintiff VS GEORGE E WAGNER Defendant NO. 01-818 CML TERM NOTICE OFPRAECWE FOR ENTRY OF DEFAULT JUDGMENT TO: GEORGE E WAGNER 792 PETERSBURG RD CARLISLE, PA 17013-9218 DATE OF NOTICE: 3/7/01 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 OTIIER IMPORTANT RIGIITS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IT YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 41h FLOOR CARLISLE,pA 17013 (717) 240-6200 PARK. LAW ASSOCIATES, P.C. / BY: VALERIE ROSENBLUTH PARK, ESQ. cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR TRA T PURPOSE. EXHIBIT tr .. .';." 'j "" ," -'"1, 'w' '-' _ ~ ,;.'_ "'i7"Hint>z:-i 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: 792 PETERSBURG RD CARLISLE, PA 17013-9218 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS GEORGE E WAGNER Defendant NO. 01-818 CIVIL TERM VERIFICATION ot 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 GEORGE E WAGNER, Defendant is over 21 years of age; that his/her place of residence/business is located at 792 PETERSBURG RD CARLISLE, PA 17013-9218 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 amendme~ts. PARK LA ASSOCIATES, P BY: Valerie Rosenbluth Park Attorney for Plaintiff E10 l!;~ .'. " ,~~' "'-.'~,' ,"-,',",'. ""' - ',", _. - ., "~,,, ,_. c_..; " , ~:, 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: 792 PETERSBURG RD CARLISLE, PA 17013-9218 CUMBERLAND COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS GEORGE E WAGNER Defendant NO. 01-818 CIVIL TERM 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. PURSUANT TO THE REQUIRED THAT WE STATE TO COLLECT A DEBT. ANY PURPOSE. p~~AY9.~ FAIR DEBT COLLECTION P CTICES ACT, IT IS THE FOLLOWING TO YOU. THIS IS AN ATTEMPT INFORMATION OBTAINED WILL BE USED FOR THAT lllit'''";';' '10' ~U~ltltlrID:'_~~j;j,,,,:;-iil!1',~~\)~'&.~TM1~..!I~il.BUJiI*U~~ ~,",'~'''''~.l;..~ ~ 1. "!IIlIiilldIiili 1t G ?J (:) .t:l ~ ft- ~ ~ fr '- 8 \' 0- ~ ~ ~ 2;\ F R ~ ,V~. - ~ ' ,."~ o s:.; <" -o~.., 92g} ~~;;' t:cJ p:,~ -"7l-, ~-c Pel 2..: :;:J --, "" <::> o " :!: '1',;;" AJ N C"> i;1(~ "'" -~ ~-, ~- ~-~~ ~j c-< ~!:,. ::D -< ,'V 'D