HomeMy WebLinkAbout01-1231 FX
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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
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NOTICF;:
NO.Ot - I~ I
Co;('--r~
VS.
PEGGY,J MYERS
Defendant
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.
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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#:72000212000~3422
CUMBERLAND COUNTY COURT OF COMMON PLEAS
PROVIDIAN NATIONAL
295 MAIN STREET
TILTON, NH 03276
BANK
PLAINTIFF
VS
PEGGY J MYERS
95 S 1ST STREET
LEMOYNE, PA 17043-1917
DEFENDANT
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CIVIL tCTION
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, PEGGY J MYERS, has a mailing address at 95 S
1ST STREET, LEMOYNE, PA 17043-1917, .
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 7200021200013422.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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4. . The Defendant requested an account, account number
7200021200013422, 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 ac~ordance
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
$6,511.46 as of 12/06/2000, 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 $i,106.00.
WHEREFORE, Plaintiff demands that judgment be rendered in
favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the
Defendant in the amount of $6,511.46, plus pre-judgment interest
at the contractual rate of 23.30,% per annum from 12/06/2000 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $1,i06.00, 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.
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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 render~d in
favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the
Defendant in the amount of $6,511.46, plus pre-judgment interest
at the contractual rate of 23.30% per annum from 12/06/2000 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $1,106.00, 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
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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VERIFICATION
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,
Date
Designated Agent
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'I~PROVmIAN
~ Financial
Providian NationalB.nk vlsA@orMast.,iXHI BIT
Please review this document and keep it with your other important papers. This Account Agreement contains the terms which govern your Pravidian National Bank VISA or MasterCard A t
(the '~cc.ou~t")., The Account allows you 10 make purchases by using your VISA Of MasterCard ~rd (Ihe 'Card") wher~er II is honored and to get cash advances from us or any other a~~r~tin
financiallnstitullon and from Automaled Teller Machines. Convenlen.c~ ch~ks m~ a~ b~ provided t~ you as ~ additlon~1 W?y 10 ~se the Acc.ount. In this Agreement, "you" and' o~r. m~n g
each person for whom we ~ave opened a credit ca~dAccounl. "We, our, ours, and, us mean Providian National Bank or lis assignees, as lis led on your billing statement. The kcount ma be
used only for personal, family, hous.hold, and chantabl. purposes, and nol forony busln,"s or comm.rclal purpos.. Any us. of th. Accounl shail constitul. acceptance of Ih.l.rms of thIS y
Agreement. If the Account was opened as a JOInt account, we may act on Ihe Instructions of either JOint accountholder, You and we agree as fallows: '
Poymenls. You wiil receN. a monthly slalem.nt showing your outstanding balanc.. paym.nl on this Accounl is required in U.S. doila.. (checks must b. payable at a U.S. office of Ihe bank th.
check IS dtawn on) for al 1...1 Ih. paym.nt due as shown on your slatem.nl by the payment due date In acco_ce wilh paym.nl instructions on your month" slatemenl. The back of your
statements shows the rules we f~llow when we past ~yments. Convenien~ checks. and ather checks we issue to you may not be used to make payments on your Account or 10 make payments
on any other ~ccount you have WIth us or our affmat~. !he payment due W.dl be: 2% of ~e new balance shown on your statement plus the amount of an~ past due payment, and may include the
amounl by whlcl1th. n.w balance exceeds, your craart Ime, However, th. payment due Will nol b.,less lhen 515 (unl..s your new balance is I..s Ihan 515, in which cas. th.paymenl due will b.
th. amount of th. new balance), If your Account. Il"'lt due or abov.1he credit line, we may requ"" a higher minimum payment, bul.w. will notify you b.lore doing so. If your paym.nl is more Ihan
th.e payment ~e,. It WIll ~e treat~ as a sl~gle payment and none of It ~II be appf~ to future payments due. We may accept late or partial payments, or payments marked .paid in full. or marked
With ather reslncllOns, Without 105109 our nght to collect all amounts OWing under thiS Agreement.
If you have made special payment arrangements with either First Union or Providian, you need to continue making the agreed upon payments.
Finance ChargltS: Excep.t as descnbed.in the Grace Period fOr Purch~ Balance s8I!:tion of this Ag~ent, finance charges begin to accrue an a debit when it is included in one of your daily
balances and continue until that ~Iance IS reduced by a payme~t or ~t. YOl;lf Account has the following balances.: The Purchase Balance which consists of ,your existing Purchase Balance
an~ new purchases you make with your Card and fees for certain optional seMces; one or more Custo~ Cash ~dvance 8alances which consists of balances Ihal you transfer to your Account
using balance transfer checks and balances that we transfer for you; and the Cash Advance Balance which consIsts or all other cash advances and cash advance transaction fees. Any payment
amount we receive ~t exceeds the finance charges ana fees th~n due will ordinarily be appli~ first to the Balance with the lowest Annual Percentage Rate (APRl, 1JntillhalBalance is zero, and
then to lhe Balance with Ihe next lowest APR, untillha! Balance IS zero, ~d then to any remaining Balance. We reserve the right to apply payments differently without further nolice.
The Purchase, Custom Cash Advance,'and Cash Advance Balances .are redu~ed by payments as of the date received. and by credits' as of the date posted. Purchasss,are in<;luded in your
Purchase Balance as of Ihe date made. Custom cash advances are Included In your Custom Cash Advance Balance as follows: funds electronically transmitted to other lenders to transfer
balances, as of the date transmitted; checks to transfer balances, as of lhe date presented to us. Other cash advances are included in your Cash Advance Balance as, follows: cash acNances
from oth.r financial inslitutions and Ihrough A~tomated Teller!, as of th. date made; cash advanc. checks made payabla to you thelare identified as cashier's cI1ecks and mailed 10 you al your
request, as ofseven days after the date we pnnl on the check; all other checks'; as orthe date presented to us. Other,deblls are ,Included In your Purchase, Custom Cash Advance or Cash
, Advance Balance as of the dale posted, Finance charg.. are added to your Purchase, CustomCesh Advance, and Cash Advance Balances .ach day and ere then posted on the I~SI day of Ihe
billing cycle. There is no grace period for custom cash ac;;ances or, other cash advances.
To figure th. dai" finehc. chalge for each typ. of Balance, w. start with your previous day's Balance, add all debits and subtrect all credits for Ihe cUlTenl day and multiply Ihe nel amounl by th.
applicable daily periocflC ret. (see following paregrephs). Th. finenc. chelge for each "p. of Balence is then added to and included in Ihal day's Balanc., Wetreal a credil balanc. for any day as
zero. We determine the total finance charges on balances for the bimng cycle by adding together the finance charges far each type of Balance for each day within the bming cycle. In calculating
finance charg,es, an adjustment will be made for any lransaction or payment that would have affected the finance charge calcuJa~on in a prior billing cycle had it been posted in ,that cycle. The
applicable dally periodic rale- for such a transaction will be Ihe rate in effect for Ihe current bil!ing cycle ra~er than the rate in effect on the date of the transaction.
Your statement includes an average daily balance for each type of Bala'nce. You can multiply each average daily balance that is not zero by the number of days in the billing cycle and Ihe 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, Ihat amounllS
also a finance charge.
The term 'Prime Rate- as used in Ihe Agreement means Ihe highest prime rate published in the Wall Strset Journal an the fust business day of the previous calendar month. Any increase or
decrease in the Annual Percentage Rate will take effect Ol) the first day of your billing cycle and may result in a slight increase or decrease in the amount of your minimum payment.
Th. ANNUAL PERCENTAGE RATE IAPR) for purch.... will vary and may be adjusled each billing cycl. up 10 13.4% above Prim. Ral., bul will in no ev.nl be I..s lhan 21.9%, Using this
formula, th. APR for purchas.. in Ih. May 2000 biUing cycle is 22.4%, corr..ponding 10 a dai" p.hodic rete of 0.06137%.
Th. ANNUAL PERCENTAGE RATE for cesh advanc.. is 21.9%, corresponding 10 a dai" p.riodic ral. of 0,06000%,
If we receive your Account paymentlale 2 or more times in any 6-month period since October 1, 1999, on each such occurrence we may iOCJ:ease the APR far purchases up to a maximum of
23.3% (corresponding to a daily periodic rate of 0.06384%), and increase the APR for cash advances and custom cash advances up to maximum of 23.9% (corresponding to a daily periodic rate of
O.O~48%). If after you receive Ihe higher rates your payments are received an ~me and you m~t all other terms of tMis Agreement for 3 consecutive months, you may contact our Cuslomer
Service department and, at your request, we will review your Account for a pOSSIble APR reductIon.
If at this time Ihe APRs in your Account have already increased because you cfld nol meet the existing terms of your Account Agreement, your existi~ APRs will continue 10 apply, If you meet all
terms of this Agreement for 3 consecutive mo~1hs and lOU contact our Customer Service, departmen. t, we will. revie~ your Account far. a !'O.ssible APR reduction. Slatting July '2000, however, the
APRs descnbed in the preceding paragraph will apply, If your Account paymenls are receIVed late 2 or more tImes In anyS-month pened 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 un~1 the start of Ihe next billing cycle. You will pay no finance charge on ~uch n~ pu~has~s if you pay the tota! new balan~e i~ ful1l?Y the payment due dale shown on
your statement. New purchases posted in any ather billing cycle incur a finance charge, and there IS no perIOd In whICh such purchases may be repaid WIthOUt Incumng a ftnance charge,
Fees. We may charge your Account $0 for. each Card you ask us 10 ~epla~e; each returned payment; each ~~eck you w~t~ on ~our ACcount that we retum unpaid; ~.ch sl!:lp ~.mant order ~r
renewal of such an order; each billing cycle within which your Account IS dellnquen~ (late charge); and each billing cycle Within whIch your balance exceeds your credit lme {overllmlt feel' even If
your Accounl is closed. If you request copies of billing Slat.m.nts thatw.r. fi..t senltoyou more than Ihree, months earlier, ~e may cherge a handling fee ofi:! for each such copy, I you request
that we make a on..tim. automatic payment from your pe..onaJ checking account, we may chalg. your credit card actounla ree of $4.95 for each requ..t. ThIS fee . a FINANCE CHARGE, and
it will app" regardl..s of wh.th.r funds are available in your personal checking accounlto mak.th. payment. '
W. may charge a transaclion fee of 3% (minimum SS), whICh is a one.time FINANCE CHARGE, on th. amounl of .ach cash adv.nce, including cash from financial institulions, and ATMs, wire
transfers, money orders, lottety tickets, casino gaming chips, and similar tra~sactions.
Cefaull You wiD b. in default: ifany information you provided us proves lobe incomplele or untru.; if you do n~1 comply with !"'Y part of ll1is Agreement; upon your deeth, bankruplcy, or ,
insolv.ncy; if you do not pay other debts when due; if a bankruptcy petillOn IS filed by or agalnst}ou; or If we bel,ev.,n good faith lhatyou may nol pay or perform your obIigattons under thIS
Agreement. If you are in defaull w. may, without further demand or nollce, cancel yourc"",1 pnvileg.., declare your Accounl balance Immed!"teiy due end payabte, and us. any reme<1j we.may
h.ve. In the event of your dafaull, th. outstanding balance on your Accounl shall conlinu.to acoru. Inter..tellhe APR(s) disclosed In th. Finance Charges section of this Agreement. ev.n If we
have filed suilto collect Ihe amount you owe. .
Credit Line. Your creditlin. is specified from 11m. to time in a separale notice. Your monthly sllll.ments show :!Our credit nne an~ the amouni of your availab.1e .credit. We may increase or
decr.... your credil lin. based on informetion we obtained from you or your credit records. 'four av.,lable credillS normel" Ihe difference between your credillme and your Account balanc.
(including transactions made or authorized but not yet posted). If you send us a large payment check, we may limit you.r ava~le credit while we confirm that the check Win cl~r,. Far 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 10 exceed your ava~able,credit.
Promise to Pay. You promise to pay us when due ail amounts borrowe:! when you or so~~ne else use your Account (e'J;n if the amount charged exce~ your .p~rmis~lOnl, all other
transactions and charges 10 your Acco'unt, and collection costs we incur Including, but not limited to, reasonable attorney s rees and court costs. (If you win the SUIt, we win pay your reasonable
attome'j's fees and court costs.)
Changes. After we provide you any notice required by law, we may change any part of this Agreement an~ add or remove requirements. If a .change is made to the Fi~nce ~.h~rges secli~ of
this Agreement, Ihe new finance charge calculation will apply to your entire A~unl balance from the effectNe date of the change. Changes will apply to balances that Include l,ems costed ,0 YQ.YL
Account before the date or the chanoe 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 Ihan U:S. dollars, the transactions will be convert~ to U.S. do.Ilars, ~enerally usmg ett~er ~ G)
government.mandated rate or Gi) wholesale market rate In effect the day befors the transaction is processed, Increased by thrs~ percent (3%) If a credit IS subsequently gNen far a transactitol~ It
will be decreased by,the same percentage, The currenc,! conversion rate used on the cOf1\lersion dale may differ from the rate In effect on Ihe dale you used your Caret You agree to accep e
converted amount in U.S. dollars, .
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The Card; Ci\ncellation. You may cancel your credit privileges at any lime by 0otlfyi,nQ us In wnllng and destroYing the Card(s) Upon the Card expiration al th", ~p. J7 N.lf,i:.month shown on It, we
reserveJhe nght not to renew Ihe Card. We may cancel the Card and your credit prrvlleges at .any time after 30 days nollce to you, or without nolrce if permitted by law. If your Card IS cancelled or
not r~newed, finance c~~rges and ~ther fees will continue to be assessed. payments will con~n~e to be due, and all other applicable provIsions of thIs Agreement will remain in effect If you
terminate your credit pnvlleges, or If we cancel or do not renew lhe Card, you may no longer wnte checks on your Account, and you should destroy any unused checks we have issued to you.
P\fSonallnfo~atio!1; Docllm~nts. You ~ill provide ~s atleasl10 days n~tice if you ~h~ge yo~r name, home o:r mail!ng ad~ss, telephone numbers, employment or income. Upon our
reQtlest, you will provide us additional financlallnfo~mation. .We r~erve the. nght to oblam Information fr~m others, Inclu~lng ~redll r~orting agencies, and to provide your address and information
about your Account t~ ot~ers. We m~ also share InformatIon with ?ur affiliates. However vou mav write to us at am time Instructinn us not fa share credillnformation wilh our affiliates If you
do not fulfill your obhgatlons under thIS Agreement, a negabve credit report that may reflect on your credit may be submitted 10 the credit reporting agencies. .
Custome! Se~lce! Unau~orfzed Use, Loss, or Theft ~f Chec!<S or the Card. Ea~ Card must be signed on receipt. you are responsible for safeguarding the Card, your Personallden~ficatiol
Number ( PIN , wh~h provides access to Automaled Teller Machines} and any checks ISSUed 10 you from Iheft, and keeping your PIN separale from your Card. If you discover or suspect Ihat
your Card, PIN, or any unused checks ,are lo,t orslolen, or thallhere may be an unaulhonzed lransac,uon on your Accounl, you Will promplly notily us by calling 1.800-933.7221. So we can .
ImmedIately act 10 f1mlt loss~. and liabIlity, you WIll phone us even though you may als~ ryotlfy us Iry writing. Your liability for. unauthonzed use occurring before you notify us is limited 10 550. If you
report or we ~uspect unauthonzed use of~ur Account, we.may su~pend your credit pnvll~es unlll we r:esolve Ihe problem to our satisfacllon 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 seNlCe and secunly, you agree !hat your calls may be monitored or recorded.
Merchant Relations. We will nol be liable ifany person or Automated Teller Machine refuses to honor Ihe Card or accepl your checks, or fails 10 return the Card to you, We have no rasponsibili,
ror goods and 'OI1Ilces purcMsed With Ihe Card or checks except as required by law. (See Special Rule below.) Certain benefits Ihat are available wilh the Account are provided by third-party ,
vendors. We are not responsible ror the quality, availabilily, or results of any of the selVices you choose to use. ,
Slop Payment Orders. If you wish to stop payment on a check. you Inay send us a stop payment order by wnting to us al our aCdress ror customersOl1licelisted on yourstatemenl You can
make a stop payment- order of8/1y by calling the number listed on your statemenl, When you make a stop payment order, you must provide your Account number and specific inform~tjon about th€
check: the exact amount, !he 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 10 confirm an oral
stop ~ment o~ in writing. We mav disreaard vour oral order if we do not receiv.e a, sinned written con~rmation within !wo weeks after the oral order or if we have not received an adequate
des~tion of thellem so that payment can be stopped. The order will not be effectIVe If the check. wa, paid by us berore we had a reasonableopportunily to act on Ihe order. We may, without
liability, disregard a written slOP payment order SIX monlhs after recerpl unless It IS renewed In wnting,
. Standard of Cor.. Because lhis Account involves loth credit card and check transactions which are processed through separate national 'ystems before the transactions are'consolidated by us,
and because not every check and Card slip will be sent to us, transac~ns In your A~nt will be processed mechanically without our necessarily reviewing e.lery item. Our processing system wil
call our attention to certain items which we wm examine, We will examine all ~nsactlOl:IS when you report that your Card or checks have been lost or stolen. We do not intend ordinarily to
examine ~lIltem~, and we will not be ~Iigent if we do nol do so. This rule establi~hes ~he s!Bt1dard of ordinary care which we in good faith will exercise in administerin~ your ACCQunt. Because
of our Rml~ed revIew, an~'becl!use neither your cancelled cheeks nor Card transaction slips will be returned Io,you wllh >>!e monthly sfatemen~ you shcu1dbe careful to enter all checks in your
check regISter or othetWlSe keep a record of them. You,shoutd also save your credit card cash advance and purchase slips. You aarP.9 to check vour mqntl1lv statements aaainsl vour record and
10 nOON us immediatelY of an" unauthorized transactions or errors
Waiver of Certain Rights. We may .deIay Of waive enforcem~nt of any provisi.on, of. this Agreemen.t wi!hout losing our right t~ enfo(ce it or any other proviSion later. You waive: the right to
presentment, demand, prolest, or notice of dishonor; any, applicable slatute of limItations; and any nght you may have to requIre us 10 proceed against anyone before we Ale suit against you,
Applicable LaW; Severability; Asslgnmenl.No mailer where you live, Ihis Agreement and your Accounl are governed by federal law and by New Halnpshire law, This Agreement is a final
expression of.the agreement belw~~n you and us. and may not be ~ntradicted by ,eVidence of any all~ed ~ral a'greement.lf afo/ p':OVision of this Agreement,is held to ba invatid.or ~nenfOl"CeG!ble,
you and we will consider that provISion modified to conronn loapphcable law, and the rest of Ihe provISIOns In the Agreement Will ,hll be anrorceable, .Aia~y Ume after we det.nn!ne In good fallh
!hat any proposed or enacted leglSlallon, ragulelol'f action, or ludicial decisIOn has rendered or,may render any matenal provISions of this Agreement invalid or unenforceable,. on~. any
Increased tax, reporting requirement, or other burden In connection With any such provISion or Its enforcement, we may, after alleas! 30 days nollC8 to you, or Without notICe If pemlltted by law,
cancellhe Card and your Credit privileges. We may lransfer or assign our right to all or some of your payments. If state law requires that you receive nolice of such an event to protect the
purchaser or assignee, we may give you such notice by fiUng a nnancing statement with the state's Secretary of State. ,
.Notices. Other notices to you shall be effective when deposited in the mail addr~sed 10 you at the address shown on our records, unless a longer no~ce period is specified in this Agreement or
by law, which period shall start upon mailing. Notice 10 us shall be mailed to our address fai, customer service on your statement {or other addreSses we may specily} and shall be effective when
we receive it.
YOUR BIL~ING RIGHTS _ KEEP THIS NOTICE FOR FUTURE USE. This notice contains important inronnalion about your rights and our r..pons~iIilies under Ihe Fair Credil Billing Act.
Notify Us in Case of Errors (IT 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 sheel, at the
~s listed in the Billing Rights Summary on your bill. Write to us 2:8 soon as possible. 'r'Je must hear fr~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 wiD not preserve your nght.s. In.your I,etter, gIVe us the follOWIng Information: - Your. name ~nd Account number. - The dollar amount of lhe
suspected error. - Describe tt1e error and explain, if you can why you beheve !here IS an error. If you need more Information, descnbe the Item you are not sure about.
If you have authorized us to '~y your credil card bill,automatically from your checking account, you can stop Ihe payment on any amount you think is wrong. To stop t,he payment, your latter must
reach us three business days before the automatic payment is scheduled to occtJr, ,
Your Rights and Our Responsibilities After We Receive Your Written Notice. We mus! acknowledge your letter.within 30 days, unless we have ~ected the error by then.. Within 90 days,
we must either correct Ihe el1Clr or explain why we believe the bill was correct. After we receive your le~er, we canno,l try to collect. a~y amount you question, or report you ~ delinquent. W~ can
continue 10 bill you for the amount you question, including finance ch~rges, and we,can ap~.Iy,any unpaId amount against your credit line. You do not have to pay any questIoned amounl while we
are invesligabng, but you are stHI obligated to pay the pa~ of your bill thai are not In questIOn. . . .
Ifwe find that we made a mistake on Your bill, you will not have ~o.pay any ~nance ~harge related to.any questioned amount lfwe didn~t make a mistake, you may h~v~ to pay finance.charges,
and you will have Ie make up the mis~ed payments on the questioned a~ount. In 81th.er case, we wdl.send you a statem~nt of lhe ~?un! you owe .and the date thai. It IS d!Je. If you fa~ to pay the
amount we think you owe, we may report you as delinquent. However, If our explanatlof!l do,es not satisfy you and you wnte ,to us WIthin 10 days teUlng us that you stili. refuse 10 pay, we must, tell
anyone we report you to Ihat you question your bill. And, we must tell you the name of anyone we reported you. 10. We, must lell anyone we repon you 10 thai the matter has been sellled belvieen
us when it ftnally 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 /or CredIt C.rd,Purch..... tt you have a problem with the qualily of the properly orselVlces Ihat you purqhasad with ourcredil card and you have tned in good faith to correct Ihe
problem with the merchant, yoU may not have to pay the remaining amount due .~n the goods or ServiCes. There are !Wo lImitations on thiS nght (a) you must haye. m~cIe the purchase ~n your
home state, or if n,ot within-yotlr home state, within 100.miles of your current mailing a~ress; and (b) the purchase pooe must have been more than $SO.. These ltmltatlons do not apply If we own
or operate the merchant, or if we mailed you the advertisement for the property or selVlCes, .
IV
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PROVIDIAN NATIONAL BANK
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
v.
NO. 01-1231
PEGGY J. MYERS,
Defendant
ANSWER 'f0 COMPLAINT
AND NOW, comes Defendant, Peggy 1. Myers, by and through her attorneys, Steven C.
Courtney, Esquire, and Metzger, Wickersham, Knauss & Erb, P.C., and states the following
Answer to Plaintiffs Complaint and avers as follows:
1. Denied. After a reasonable investigation, Defendant is without sufficient
information or knowledge to form a belief as to the truth or veracity of this allegation. Therefore,
the same is denied and strict proof is demanded at trial.
2. Admitted.
3. Admitted in part and denied in part. While Defendant admits to having a credit
card account with Plaintiff and that purchases were made on this account, Defendant denies the
remaining allegations contained in Paragraph 3 of Plaintiffs Complaint.
4. Admitted in part and denied in part. While Defendant admits to having a credit
card account with Plaintiff and that purchases were made on this account, Defendant denies the
remaining allegations contained in Paragraph 4 of Plaintiff's Complaint.
5. Denied. Defendant has made payments on behalf of her account with Plaintiff.
Document#: 185509.1
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6.
Denied.
After reasonable investigation, Defendant is without sufficient
information or knowledge to form a belief a~ to the matters asserted in paragraph 6 herein and
the same are therefore denied and strict proo~ is demanded at the time of trial.
7.
Denied.
After reasonable investigation, Defendant is without sufficient
information or knowledge to form a belief as to the matters asserted in paragraph 7 herein and
the same are therefore denied and strict proof'is demanded at the time of trial.
WHEREFORE, Defendant requests that this Honorable Court dismiss Plaintiffs
Complaint.
8. No Answer required since this! is an incorporation paragraph.
9. Denied. After a reasonable investigation, Defendant is without sufficient
information or knowledge to form a beli~f as to the truth or veracity of this allegation.
Therefore, the same is denied and strict pro~f is demanded at trial.
10.
Denied.
After reasonable i investigation, Defendant IS without sufficient
information or knowledge to form a belief a~ to the matters asserted in paragraph 10 herein and
,
the same are therefore denied and strict proof! is demanded at the time of trial.
II. Denied. After a reasonable investigation, Defendant is without sufficient
,
information or knowledge to form a belij:f as to the truth or veracity of this allegation.
Therefore, the same is denied and strict proof is demanded at trial.
12. Denied. The averments contained in Paragraph 12 are conclusions of law to
which no answer is required. To the extent that an answer is required, the same is denied and
strict proof is demanded at trial.
-2-
Document #: 185509.1
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WHEREFORE, Defendant request' that this Honorable Court dismiss Plaintiffs
Complaint.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By
Steve . 0
Attorney LD. No. 74
P.O. Box 5300
Harrisburg, P A 17110-0300
(717) 238-8187
Dated:
Attorneys for Defendant
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Document #: 185509.1
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CERTIFICATE OF SERVICE
AND NOW, this k day of March, 2001, I, Steven C. Courtney, Esquire, of Metzger,
Wickersham, Knauss & lb, P.C., attorneys for Defendants, hereby certify that I served a copy of
the within Answer to Plaintiff s Complaint this day by depositing the same in the United States
mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Valene Rosenbluth Park, Esquire
Park Law Associates,P.C.
25 East State Street
P.O. Box 1779
Doylestown,PA 18901
Document #: 200371.1
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-01231 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PROVIDIAN NATIONAL BANK
VS
MYERS PEGGY J
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
MYERS PEGGY J
the
DEFENDANT
, at 0016:48 HOURS, on the 5th day of March
, 2001
at 95 1ST ST
LEMOYNE, PA 17043-1917
by handing to
PEGGY MYERS
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
S;;;R2~~~~
R. Thomas Kline
03/06/2001
PARK LAW ASSOCIA
Sworn and Subscribed to before By:
me thi s J.'7 C!2- day of
~^ 02.0-v~. A.D.
Qt' C: /wAIf", ,~
P 0 honotary
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VALERIE ROSENBLUTH PARK, ESQUIRE
Attorney I.D. #72094
PARK LAW ASSOCIATES, P.C.
25 E. State Street
Doylestown, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND, PENNSYLVANIA.
PROVIDIAN NATIONAL BANK
Plaintiff
VS.
PEGGY J MYERS
Defendant
NO. 01-1231 CIVIL
SUGGEST+ON OF BANKRUPTCY
TO THE PROTHONOTARY:
Kindly note that it has been suggested that the Defendant in the
above-captioned matter has filed a petition for Bankruptcy in the
United States Bankruptcy Court, and thus this case must be stayed.
Respectfully submitted,
BY: VALERIE ROSENBLUTH PARK, ESQ.
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