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HomeMy WebLinkAbout01-0853 FX ~u , VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box l779 Doylestown, PA l890l (2l5) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS. Defendant NO. 61- P-O Q()~l~~ BRYAN E GIPE 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 l70l3 (717)249-3l66 (800) 990-9l08 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. , ~ ]". . ~ ",- ~- j "." VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX l779 DOYLESTOWN, PA 1890l (2l5) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:549748500l043928 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS BRYAN E GIPE 94l BOSLER AVE APT A LEMOYNE, PA l7043-l763 DEFENDANT NO. 0 / - J'..n 6:;;J -r..llA>V CIVIL iCTION l. 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, BRYAN E GIPE, has a mailing address at 94l BOSLER AVE APT A, LEMOYNE, PA l7043-l763, . 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 549748500l043928. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. , ""- L',~~",' I "~~" -= ty 4. The Defendant requested an account, account number 5497485001043928, 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 ag:reed. . 6. The Defendant is indebted to the Plaintiff in the amount of $4,055.69 as of 11/22/2000, 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 $689.46. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $4,055.69, plus pre-judgment interest at the contractual rate of 21.90% per annum from 11/22/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $689.46; 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. -- ~""'""" ~, , '"" ._W" ~ I ~- " !b' 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 $4,055.69, plus pre-judgment interest at the contractual rate of 21.90% per annum from 11/22/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $689.46, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERI 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 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. A.- ,,,i-,-,' .-, f. ,_~_",'~,'o; '"'";," C"~" ,',' I,.: "'-'_'~', ." 'C'.____ ~'C' . ,. ' -'-~k: VERIFICATION I, SUSAN M. WRIGHl , declare that as of March 23, 2000: I am a designated agent of PROVIDIAN NATIONAL BANK, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in the State of California. rm-JIf:- Designated Agent -" ...._."""'~idl~d. " ''"~ " ~i. .(i~ lJit; PROVIDIAN Financial ~~~~~~~~~~~~~~~~~~~ I ~,'" " < , " '" ,~.1 'r,,-~" . ,'c-,"" '-'~;Ii ~XHIBIT A Providian National Bank VISA@ or MasterCard@ October 20, 2000 PBleakseVrel' view this do.cument and kee~ it with your other important papers. This Account Agreement contains the terms Which~vem 'lour Providian National an SA.or Mastercard Account the "Account"). The Account allows. you .to make purpha,se~ by using your VISA or asterCard card the "Card" wchherkever It IS honored anpto Qet cas advance.s. from us or any other participating fl~anClallnsfitution and from Automated eller Machines. c!onveniencJ ec s may also be p'/"oVlded 10 YOU as an additional way to use the Account. In thiS Agreement, You' and "your" mean each person for whom we have opened a predit card Account. "We," "our," "ours" and "us" .mean Providian National Bank or ill; assignees, as listed on your billing statement. The Account may tl;lte tUSed only for personal, family, h04Sehola, andchantable purposes, and not for any b~~lness or commercial purpose. My use of this Account shall cons,. uthe; acceptance of the Lerms Of thiS Agreement. If the Account was opened as a JOint account, we may act on the Instructions of either joint accoun older. You and we agree as follows: PaYl!1ents. You will,receive a monthly statement showing your outstanding balance. Payment on this Account is required in U.S. dollars (checks must be ~yable a( a U.S. offlge 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 Wlthd ~ttiYlT1ent Instructt.ons on your monthly statement. The back of your statements shows the rules we follow when we post payments. Convenience checks aaffin I' Ot'" erlchecks we Issue to you maY not be used to make payments on your Account or to make payments on any other account you have with us or our Ila,pS. The payt)1ent due win be: 2% of the new balance shown on your smtement plus the amount Of any' past due payI!lElnt, and may include the amount by wh.lch' h the. new balance exceeds your credit line. However, the payment due will not be less than $15 (unless your new balance is less than $,15 in which case t e payment due will be the amount of the new balance). If your Account is past due or abOve the crecit line, we may require a higher 'minimum payml.edent, ,but we will notify y'ou before doing so. If your payment is more th, an the payment due, it will be treated as a single payment and none of it will ba app I, h to future payments Clue. lJye may' accept late or pattiai payments, or payments marked paid in full" or marked with other restrictions, without losing our ng t to collect all amounts oWing unaer thiS Agreement. If you hal(e made special payment arrangements with either First Union or Providian, you need to continue making the agreed upon payments, Finan~ Charges. I:xcept as described in the Grace Period for Purchase Balance section of this Agreement finance charges begin to accrue on a debit wThhendt IS lincluaed in one of your daily balances and continue until that balance is reduced by a payment or creait. Your Account has the following balances: e ri"urchase. Balance which consists of your existing Purchase Balance and new purchases you make with your Card and fees for certain optional seb. IVI Iq.es; pne or more Custom C~Sh Advance Balances, Which consists of balances that you transfer to your Account using. balance transfer checks and a anges Ithat we tranSler Tor yo , ana 10e {JasnAavance Balance which consists of all other cash advances and cash aClvance transaction fees. Any' l1.aym~nt ~mount w~ receive that exceeds 10e IInance cnarges ana fees then due will ordinarily be applied first to the Balimce with the lowest Annual BPercl e~taQ.E! .Rate (APRI, until that Balance is zero, and then fo the Balance with the next lowest APR, until that Balance is zero, and then to any remaining a ance. 'We reselVe the right to apply payments differently without further notice. Tphe Ph.urc~ase, Custom Cash Advance, and Cash Advance Balances are reduced by payments as of the date received, and by credits as of the date posted. urc ases are included in your Purchase Balance as of the dete ma(je. Custom cas~ advances are included in your Custom Cash AavancEI 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 p.'Arese$ted to us. Other casn adva. nces are included In your Cash Advance Balance as follows: c, ash advances from othe. r finllncialinstiltitions and through utori)at~ Tellers, as of the date made; cash advance checks made payable to yOU that are identified as cashie~s chedks and mailed to you at your request, as of seven. days after the date we print on the checls all other cheqks, as of the date presented to us. Other debits are included. in your Purchase, Custom Cash Advance or Cash Advance Billance as olthe uate posted. Ftnance chafQ!lS are added to your Purchase, Custom Cash Advance, and Casli Adva~ce 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 fig~re :the daily finance charge for each type of Balance, we start with your p'revious day's Balance add all debits and subtract all credits for the current day aod multiply tne. net amounI b.y the applicable daily penodic rate (see following paragraphs). The finance Chara, e for each type of B,alance 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 blllances for the billing cycle:by adding together ttie finance charges for each type of Balance for each day within the billing cycle. In calculatin.Q finance charges, anlldiustmentcWin be made lor any liansaction or p'lyment that would have affected the finance charge calculation in a prior billing cycle f1ad it been posted In 10al cYllle. The appliqa~le 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 thll date of the transaction. Your statement includes an average daily balance for each lvPe of Baiance. You can multip'ly each average daily balance that is not zero by tlle number of days in the billing cycle and the periodic rate to obtain subtotals... and then add the subtotals tOQether to defermine your total finance charges on balances for the billing cycle. If a cash advance transaction fee is charged, Olat amount is also a finance cfiarge. The terml"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 calentlar month. Any' increase or decrease in the Mnual Percentage Rate will take effect on the first day of your billing cycle and may result in a slight inc,,*,se pr decrease in the amount of your minimum payment. The ~NNUAL PERCENTAGE RATE (APRI for,l1..l![Chases may vary and will be adjusted each billing cycle to 13.4% above Prime Rate, but will in no event be less than 21.9%. Using this formula, the APR for purchases in the October 2000 billing cycTe tS 22.9%, corresponding to a daily periodic rate of 0.06274%. The ~NUAL PERCENTAGE RATE for cash advances is 21.9%, corresponding to a deily periodic rate of 0.06000%. If we receive 'lour Account payment late 2 or more ~mes in any' 6-month ~eriod, on each such ocg:urrence we may increase the APR for purchases up to a maximum of 23.30% (corresponding to a daily p'enodic rate Of 0.06384%1 and Increase the APR for cash adVances and custom qash adv~ces up to maximum of 23 90% (corresp'onding to a daily periodic rate of 0.06548%). I after you receive the higher rates your pl\yments are received on time and you meetlall other termi; of this 'Agreement for 3 consecutive months, you may contact our Customer S"elvice department and, at your request, we will review your Account for a possible APR reduction. . Grace Period for Purchase Balance. New purchases ~ted to your Account in billing cyqlElS with no previ04s baiance, or when the previoUl. balance was fully !!>aid during the eycle do not begin to inc4r a finance charge until the start of the nextbtlling cycle. You Will pay no IlnanC!l charge on s~~h new . plil"Cliases if you pay the iotal new balance in full by the payment due date shown on your statement. New purcliases posted In any other btlling cycle Incur a Mance charge, and there is no period in which such purchases may be repaid wi100ut incurring a finance charge. Fees. We may charge your Account $0 for. each Card you ask us to.l"!lplace' eaqh retulI]ed paymenT; eaCh chepk you write on your Account Ihat VIe retum unpaid' each stop .payment order or renewal of such an order; each bliling cyc\e within which your Account tS delinquent Qate charge)' and each bl1ling eycle wiThin w~ich your balance exceeds your credit line (overiimit fee), even if your Account is cloSed. If you request copies of billing statements.that were lil1lt sent to you more than three months eariier, we may charge a ~andling fee of $2 for each such copy. If you request that we make a one-time automatic '. Ii I I II II. I ,t li[' II I~,... I ,I,' !~ ~ It I ! I' It Ii I I~ ~; I': t ir ~ Ii ~ I i'- " " f " " r; I I I ~ I: (Continued on reverse) (5846-0698) 5497485001043928 1525 0150561 . . ;;,4 .,ii .--1 , Icl !.>...clJll!l<i!cJ:'-;-: pa~l11tenlllfromlyour pedrlsonal fchehcking account, we l1)ay ch.arge your credit card ~ccount a fee of $4.95 for each request. This fee is a FINANCE CHARGE anu I WI app y regar ess 0 wether funds are available In your personal checking account to make the payment. ' fWe mal' pharoe. a transaction fee Qf 3% (minimum $5), which is a one;time FINANCE CI:IARGF, on the al1)ount of each cash advance includin'l cash from Inancllillnstifutlons, and A TMs, wire transfers, money orders, lottery lickets, casino gaming ChipS, and Similar transactions. ' ' , Defaull You will be In default: i.f any inforrT]ation you provided us Rroves to be inco.mplete or untrue' if you do not comply with any part of this Agreement fupgn your death, bankruptcy, or Insolvency; If Y9U, go not pay other oabts when due; If a b~nkrup.tcy petition is fillld by or against you; or if we believe in gooa althd.ttha! Vlou maydnolt payor perform your oliligations under thiS Agreement. If you are In default we may, Without furtlier demand or notice cancel your cre lpnI'I eges, ec are your Account balance immediately due and payable and use any remegy we may have In the event of your default the outstanding Qalance 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. ' Cre~it line. your credit Ii~e is specified from time to til1)e.in a separate. notice. .Your mont~ly statements show your credit line and the amclunt of your available credl!. We may Increase or deqrease your credit line based on I~forma.tion we obt~lned from you or your credit records. Your available creOit is normally the difference betwee~ Your credit Ii.ne and your Aqcount balaQce !lncludln9 transa9tions made or authorized but not yet p'osted). If you send us a large p'ayment check, we may limit your avatlable credit while we confirm hat the check Will clear. For certain transactions available credit may be less You Will not use your Account for, and we may refuse to honor, any transaction which would cause you to exceed your availaDle credit. . Promise to Pay. You promise to pay us when due all amounts borrowed when you or someone else use your Account (even if the amount charged exceedsy' yfour permission), all other !fan.sactions. and Charges to your Account, and collection costs we incur including, but not limited to, reasona1lle attome sees and court costs. (If you win the SUit, we Will pay your reasonable attomey's fees and court costs.) Changes. After we p'rovide you any notice required by law, we may change any part of this Agreement and add or remove requirements If a change is made 10 the Finance Charges section of this Agreement, the new finance c~arge calculation will apply to your entire Account balance from tlie e\fective oate of th.e change. Chan~es Will apply to balances that Include items posted to your Account before the dete of the change, and will apply whether or not you continue to use the ACcount. , Foreign Exchange/Currency Conversion. If you use your Card for transactions in a currency other than U.S. dollarsL \!1e transactions wili be c:onverted to J.j.S. aollars, generally using either a (i) go)/emment-mandatlld rate or (ii) wh9les~le market rate in effect the dey oefore the transaction is processed, Increased by three percent lj%). If a cre.dit tS subsequently' given for a transaction, It wtll be decreased by the same percentage. The currency conversion rate used on the conversion date may differ from the rate In effect on the dete you used your Card. You agree to accept t1ie converted amount in U.S. dollars. The Card; Cancellalioj1. You may cancel your credit Rrivileges at any. time by. notifying us in writing and destroying the Card(s). Upon the Card Ell<Piration at the end ot the month shown on it, we reserve the riglit notto renew lhe Carcl. We may cancel the Card and your credit priVileges at any time after 30 days notice to you or without notice if permitted by law. lf your Card Is cancelled. or not renewed, finance charges and other 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 Issued10 you. Personal Information; Documents. You wili provide us at least 10 days notice if you change your name, home or mailing address, telephone numbers, employment or income. Upon our request, you will provide us additional financial informanon. We reserve the right to obtain informanon from others, including credit reporting agencies ana to provide your address and information about your Account to others. We may also share information with our affiliates. However, you may write 10 us at any time Instructing us not to share credit information with our affiliates. If y.ou 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 Service; Unauthori~ed Use, Loss or Theft of Checks or the Card. Each Card must be signed on receipt. You are responsible for . safeguarding the Card, your Personalldentificalion NUmberj"PIN", which provides access to Automaied Tellef Machines) and any checks issued to you .from theft, and keeping your PIN s~rate from your Carel. I you discover or suspect that your Card piN or any unused checks ~re lost or stolen or that there may' be an unautl1orizedtransaction on your Account, you will promptly notifY us by caning 1-80b-933-7221. So we can immediately act to limil losses and liability... YQu will phone us even though you may also notitv us In writing. You will not be liable for unauthorized use occurring before you notify us of a ,loss or th"'l If you report or we suspect unauthonzed use of your Account, we may suspend YQur credit privileges until we resolve the problem to our satisfactiqn 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 will not be liable if any person or Automated Teller Machine refuses to honor the Card or acc~t y'our checks,pr fails to retum the Card to you. We have no l"Elw.onsibilitv for gooos and services purchased with the Card or checks except as l1lCluired by law. (See "pecial Rule below.) Certain lie~efits that are available with the Account are provided by third-party vendors. We are not responsible for the quality, availability, or msults of any of the servtces you choose to use. Stop Payment Orders. If you wish to stop payment on a check. y.ou may send us a stqp Pilyment order by writing to us at our address for customer service listed on your statement. You can make a stop Pilyment order orally by calling the numlier listed on your statement. When you make a stop payment. order, you must provide your Account number and s, peciflc information abOut lhe check: the exact amount, the date on the check, the name of the Party. to whom, i, was payable, the name of the Wrson who signed it, and the check number. You will be asked to confirm an oral stop' payment order in wnting. We. may disregard your oral order n we do not receive a signed written confirmation within two weeks after the oral order, or II we have not received an adequate descnRtion of the item so that paYt)1ent can be stopped. The order will not be effective if the check was PIlid bv 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 utiless it is renewed in writing. Standard of Care. Because this Account involves both credit card and check tranSllptions which are processed through separate national sy,stems before the transactions are consolideted by us, and because not every check and Card slip' will be sent to us, transactions in your Account will. be processed mechaniCally with04t our necessarily reviewing everY item. Our Rrocessing system will call our atten~on to ce$in .items whiqh we \Viii examine. Wfl will examine all transactions when you !:\lP.ort that your Card or checks have been lost or stolen. We do not Intend ordlnanly to examine ljllltems, anp we wtll not ba negligent n we do not do so. Tnis rule establishes the standerd of ordinarY care which we in good faith will exercise in adrnlniste1ing yeur Account. Because of our limited review, and because neither YOllr cancelled checks nor C"ard transaction slips will be retumed to you with the monthlysl!!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 c~sh advance and purchase slips. You agree to check your monthly statements against your record and to notify us immediately of any unauthorized transactions or errors. WaiYl!r of Certain Rig~ts. We {!lay delay or waive enforcement of any provision qf this Agreement. without losing O\Ir right to enforce it.llr any other proViSion later. You waive: the nght to presentment, demand, protest, or notice of dishonor, any applicable statute of limitations; and any nght you may have to require us to proceed against anyone before we file sui, against you; Applicable Law' Severability; Assignment No matter where you live, this Agreement and your Account are govemed by. federal law and by New Hampshire law. this I\greement Is a final eJg:lression of t~e aareement between you and us anq may not be contra\li9ted by Ilvldence of any alleg6j:l oral agreement If any proviSion of this Agreement is held to be lIJ.valid or unenforceable, you and we Will cohslder tha. t proViSion mOdified to COnformedtoapplicabedle law and !tie rest of the provisions In the Agreement will still be enforceable. At any time after we determine in good faith.that any gropos . or lll1acl legislation, regulatory action or judicial decision has rendered or may render any ma1erial provisions of this Agreement Invalid or unenforc3eaObdle, or Impose any increa'secrtax reRorting'requirement or other burden in connection with any such proVision or its enforcement, we m!lY, after at least . ays notice to you, or without notice if permitt8d by law; cancel the Card and your Credit privileges. We may transfer or assign our right to all or some of your payments. If i , , i i i. I I I Ii ! ., l+ l:r ~i'; ii !~ <~ 1',1..; W ~l" ~~ ;r~, H! ~ :.1-1 ;~: ~: ~f ":c' ^" ," ~ iit; ~: it: !t-i ~i m " ~~_: j,;J ~ I f" ~r; ~; ;t: ~; If! ii: il'; ~ 1<-, W If Ii, ~ tJ ;.:' (I , I I; I " I i ~ fi i ~_." ~, ~-" --~ .~~..., " ,"-- <ie, ,,.:. "~_. _ I _, ,___ .-" , ~,~ ;_, -'''' ,c",._" '..^ '-,,,..,', ,_. _. , l'jli . (1~ PROYIDIAN ~ Financial ~~~~~~~~~~~~~~~~-~~ ~ slilte law requires that you recaive 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. No\ice~. Oth~r notices. to yoU shall be effective when deposited in the mail add~~sed to you at the address shown on our records, unless a longer notice penod IS specified m this Agreement or by law, which penod shall start upon mailing. Nonce to us shall be mailed to our address or customer service on your statement (or other address~s we may specify) and shall be effective when we receive it. YOU~ BI~L!NG RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. NQtify Us in Case of Errors or Questions Abo<<t Your Bill. If you think your bill is wrong or if you need more information about any transaction on your bill, write us on a separate sheet, at the address listed in the Billing Rights "Summary on your bill. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: -- Your name and Account number. - The dollar amount of the suspected-error. - Describe the error and explain, if you can why you believe there is an error. If you need more information, describe the item you are not sure about. if you have authorized us to pay your credit card bill automatically from your checking account, you can stop, the payment on any amount you think is wrong. To stop the payment, your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Respon!libifities After We Receive Your Written Notice.. We must a9knowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days we must either correct the error or expialn why we believe the 6111 was correct. After we receive your letter, we . cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, Inclu~jing finance charg~s, a~d we can appiy any unpaid amount against Your credit line. You do not have to pay any questioned amount while we are investigating, but you are sull obligated to pay tne parts Of your bill that are nolm question. , If we find that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make UP the missed payments on the questioned amount. In either case, we will send you a statement of the amount you ow~ and the date that it is due. If you fail to pay the amount we think you owe, we may report you as delinquent. However, if our e~lanation does not satisfy vou and you write to us within 10 days tening us that you still refuse to pay, we must tell anyone we l11Port YOll to that you question your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the mailer has been settled oetween us when it finally is. If we ddn't follow these rules, we can't collect the first $50 of the quesnoned amount. even if your bill was correct Special Rule for Credit Carcl Purchases. If you have a problem with the quality of the property or services that you purchased with our credit card and you have tried in good faith to correct the problem with the merchant, you may not nave to pay the remaining amount due on the goods or services. There are two limitations on this right (a) you must have made the purchase in you(home state, or if not within your home state, witf1in 100 miles of your current mailing address; and (b) the purchase price must have been more than $50. These limitations-do not apply If we own or operate the merchant, or if we mallecf you the advertisement fat the property or services. . Z561 a,~ - 'lAi'1l1J~ -".~Mili~>iliIo O\~~~ '~ilt"i1I~~"'ili1llJSi ~ ... '';''''''''iii.i'lf.!ll.1 ,,_~L.~ ~ ~ ~ ~ ~ ."> ~ .c a (J II) ~ ~ I 0 \y '-1...0 I ~ ~ ~ ~ -.{) r 1- p L _.__.~..-=.k~~:" ~'~-.. .-tfi'H~iih<ij ~" -., o r- ~~; -:== -UCT.: fTlj": Z:JJ ~~ r~'! <:" '" ~~~ z ~ o ~~ ...., 1""'1 i:J'J H} i::' e :"1 "T1, r. - : :1 (;:) I/:) ,~),.-"-. ..::~,~ ~~~ (~ -,-I ;>- :n -< r'0 " :Jt: 't? 0.) fv ,---, - ~~" n' ~, I ,; " 1l4I~~' ~ . . VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK ~AW ASSOCIATES, P.C. 25 EAST STATE STREET DQYLESTOWN, 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: 941 BOSLER AVE APT A LEMOYNE, PA 17043-1763 5497485001043928 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS BRYAN E GIPE Defendant NO.01-853 PRAECIJ?!E FOR JUDGMENT TO THE PROTHONOTARY: I 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: $4,055.69 $689.46 $335.81 ($0.00) ($0.00) $5,080.96 PLUS ADDITIONAL COSTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL VALER ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, ICf fA ,/)I r; I , 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. ",' ,~ iii' " . ~, """, , ....,L"....~_ ""''' .. .. PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. , ,,"".~ ~, ..' ~, - - - VALERIE ROSENBLUTH PARK ATTORNEYl.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 THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 941 BOSLER AVE APT A LEMOYNE, PA 17043-1763 PROVIDIAN NATIONAL BANK Plaintiff VS BRYAN E GIPE Defendant NO. 01-853 NOTICE OFPRAECWE FOR ENTRY OF DEFAULT JUDGMENT TO: BRYAN E GIPE 941 BOSLER AVE APT A LEMOYNE, PA 17043-1763 DATE OF NOTICE: 3/27/01 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TIllS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM TIIE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITIIOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIIER 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 TIIE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR CARLISLE,PA 17013 (717) 240-6200 PARK LAW ASSOCIATES,P.C. (~ ~ cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT II ~ ~ ~ ' '~--'r.; - ( ~< ~,,~~~ . , ~ -, ... " , I " d~ -".. .~ "<' 4 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: 941 BOSLER AVE APT A LEMOYNE, PA 17043-1763 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS BRYAN E GIPE NO. 01-853 Defendant VERIFICATIONOt 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 BRYAN E GIPE, Defendant is over 21 years of age; that hiS/her place of residence/business is located at 941 BOSLER AVE APT A LEMOYNE, PA 17043-1763 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 an ailors Civil Relief Act of Congress of 1940 and its amen nts. PARK LAW ASSOCIATES, .C. BY: rie Rosenbluth Park torney for Plaintiff EIO ~~Iiij~l!Mi.iJi$"*l€"-'''If;1&'jj;;f;'~I,"?!:C;;;l';\<l''!iijE;;lj,;,i',,w~*,''&\<;,~~~~,,;',,,1i}..-1~M<lj,~,.%~"W>\llii!$'0!gf<jl'.''''4&l1!tlo;l;...lJ1m.;u~~~itw~Li , "___'0 ~~u!wI~~'" ~ ., i t f'::::::::, \.::> -u: t: r> "', I"' ~ ~ ~ -t ~ ~ c5 ~ ."" ~ .,,,_"~JU ~~, ~ ~ , -{ ~ --, """ -..... ~ 'Z .~ ~iif ,=,"~' Cl ~ rg ~E~ Z:T' ,:-:::~ -,~ ~(.~, ,::;::C': _~t-' )>~,~:; /,. ::=1 .~< ~ '"' II! ^ . , ~ o (-. :"11 p ,:j ::;:..J \D 2::~ ,,_~ (0) i'.jrn ~0 en ,--, ~< ~ 1" , . . _L -", -. LJI'~_"/'i', SHERIFF'S RETURN - REGULAR CASE NO: 2001-00853 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS GIPE BRYAN E SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GIPE BRIAN E the DEFENDANT , at 0018:29 HOURS, on the 14th day of February, 2001 at 941 BOSLER AVENUE APT A LEMOYNE, PA 17043 by handing to BRIAN GIPE 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 9.92 .00 10.00 .00 37.92 So Answers: ~~~-~~~ R. Thomas Kline 02/15/2001 PARK LAW ASSOCIAT Sworn and Subscribed to before By: '"" J,j,L._ day of me this 1ctL"~J :D. /' D~~dfL-</ ~ honotary J