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Home My WebLink About01-1232 FX , ,~.~~ -~ ~ .-.i' .'~ ... ~ ~'ij' 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 I ! ! NOTICE NO.Oj - r:v;;)..... C/O:I lVUvj VS. BRIAN SKIPP 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 agains!t 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. ", rTT:t' VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:5497485500941861 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS i I I 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. BRIAN SKIPP 7 PENNSYLVANIA AVE APT B CAMP HILL, PA 17011-5414 DEFENDANT NO. O}_ ),230 Q;;;i -r~ 2. The Defendant, BRIAN SKIPP, has a mailing address at 7 PENNSYLVANIA AVE APT B, CAMP HILL, PA 17011-5414, 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 5497485500941861. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~"...- "~ , '. -~"' ~"-=^""""'? 4. The Defendant requested an account, account number 5497485500941861, 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 $4,476.82 as of 12/09/2000, 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 $761.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $4,476.82, plus pre-judgment interest at the contractual rate of 21.90% per annum from 12/09/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $761.00, 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 COLLEC'r A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. " ..........~ -'~"~ , l" " ~.j',: 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 $4,476.82, plus pre-judgment interest at the contractual rate of 21,90% per annum from 12/09/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $761.00, 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. ,,,' =,;~'. ,~ I L I_.J ~ " ; " 'j:".l,~""~",' .... ."'i'''; ( . ~. I, 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 ~~ - ~" 'c_'" ~ '... ,,--' I "" ,'~ i)PROVIDIAN . Financial ~~~~..~~.~.~~~~~~~, EXHIBIT It Providian National Bank VISA@or MasterCardi!l November 14, 2000 Please review this document and keep it with your other important papers. This Account Agreement contains the tenns which gQvem your Providian National Bank VISA.or Mastercard Account (the 'Account'). The Account alloWs you to make purchases by using your VISA or Mastercard card Ithe "Card') wherever It IS honored anp to get cash advance~. from us or any other Pi'C1pating financial institution and fro~Automated Teller Mac. h, .iOes. Co.nvenlence checks may also be provided 10 you as an additional way to use the AC unt. In this Agreement you' and ou~' mean each person for whom we have opened a credit card Account. "We," "our," 'ours" and "us" .mean Providi n National BanR or i~ assignees, as Isted on your billing statement. The Account may l;le used only for personal, family, h04seholo, and chantable purpos s, and not for any bUSiness or commercial pUlPose. Any use of this Account shall constitute acceptance of the ,enns of thiS Agreement. If the Account: was opened as a joint account, we may ael on the Instructions of either joint accountholder. You and we agree as follows: Payments. You will receive a monthly statel1)ent showing your outstanding balan. ceo PaYl1)ent on this Account is [l?quired in U.S. dollarslchec, ks must be p~yable at au,S. offipe of the bank the check IS drawn on), for at least the payment due as shown on YOUr statement by the payment due dele in accordance With payment Instructi.ons on your monthly statement. The back of your stlitements shows the rules we follow when we post payments. Convenience checks and. otHer checks we Issue to.you maY not be used to make payments 00 your Account or to make paYJllents on any other account YOU have with us or our affiliateS. The paY(T1ent due win be: 2% of the.n~w balance shown on you~ statement plus the amount 6f any past due payrpent. anI) may include the amo~ot by which the new balanCe exceeds your credit line. However, the P!IYment due Will not be less than $15 (unless your new balance IS less than $15 in which case the payment pue 10/111 be the amount of the new balancel. ,If your :Account Is past due or, above lOe creait line, ,we may require a higher 'minimum payment, but we Will notify you before dOing so. If your payment IS more, than the payment due It Will be t~ated as a Single oayment and none of It will be appll.ed to future payments cue, We may acc~pt late or partial payments, or payments marked 'paid in full ' or marked will1 other restrictions, without losing our nght to collect all amounts oWing uncer thiS Agreement. , If you have made special payment arrangements with either Rrst Union or Providian, you need to continue making the agreed upon payments. Finance Charges. Except as described in the Grace Period for purcha!' Balance section of this Agreement finance charges begin to accrue on a debit when it is incluCled in one of your daily balances and continue until that b ,lance is reduced by a payment or credit. Your Account has the following balances: The Purchase Balance which consIsts of your existing Pur:chase B,ala ce and new purchases you make with your Card and fe.es for certain optional selVlces; one or more Custom Cash Advance 8alances, whlchconslsits, of balances lI1at you transfer to your Account uSing balance transfer cheeks and balances that we tranSTer TOr you; ana me vasn flavance Balance whi h consists of all other cash advances and cash aavance transaction fees. Any ayment amount we receive that exceeds me Tlnance cna es ana f s then due will ordinarii be lied first to the Balance with the lowest Annual ~ercentag~ ,Rate (APR1, until that Balance is zero, and then ~o the Bala ce with the nexllowest ~PR, ~81 that Balance is zero, and then to any remaining Balance. -We reserve the right to apply payments differently without furt er notice, The Purchase, Custom Cash Advance, and Cash Advance Balances are reduced by payments as of the dete received, and by credits as of the dete ,posted. Purchases are included in ~our Purchase Balance as of the date made.! Custom cash advances are included in your Custom Cash Advance Balance as follows: funds electronical transmitted to other lenders to transfer bjlanCeS' as of the date transmitted; checks to transfer balances, as of the date presented to us, Other cas advances are included in your Cash Advan e Balance as follows: castt advances from other financial instit~tions and through Automated Tellers, as of the date made; cash advance checks made ayable to u that are identified as casttie~s checks and mailed to, you at your request. as of seven deys after the date we print on the chec~_all other ~hecks, as orothe date presented to us, Other debits are. '.incIU~ed.' ,.i,n your Purchase, Custom Cash Advancehor Cash Advance Balance as of the oate posted, Rlnance charmls are added to your Purchase, Custom Cas 'Advance, and Casti Advance Balances eac dey and are then posted on the last day of th, bi ling cycle. ,here is no grace period for custom cash a noes or other cash advances. To figure the daily finance charge for each )ype of Balance, we start with your previous day's Balllnce add all debits and subtract all c.redits for the current day and multiply the net amounlby the applicable daily penodic rate (~following perag!RPhs). The finance charn. $,. for eaCh. typeofB. a, ,Ian.'.ce is the.n, added to and included in that dgfs Balance. We treat a credit balance for any day as zero. We detennine the total finance charges on balances for the billing cycle by adding together tlie finance charges for each type of Balance fori each dey within the billing cycle. In calculatin,g finance charg~, an adjustment win be made for a!'iy transaction or payment that would hav, e affected the finaope charge calculation in a prior billing cycle !'iad it been poslOliJin thalqyple, The applicaqle daiij periodic rate for such a transaction will be the rate in $lfeet for lI1e current billing cycle rather than the rate in 9ffeet on the dilte of the frijnsaction, ' Your statement includes an average daily balance for each tvoe of Balance. You 'can multiply each average daily balance thet is not zero by the number of days.i~ the billing cycle and the periodic rate to obtain subtotals, and then add the subtota s together to derennine your total finance charges on balances for the billing cycle. The tenn "Prime Rate' as used in the Agreement means the highest prime rate Dublished in the Wall Street Journal on the first business dey of the previo~s palendar month. Any increase or decrease in !I1e Annual Percentage Rate will take effect on the first dey 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 J)urchases may va(Y ano will be adjusted each billing cycle to 13.4% above Prime Rat'!L Plut will in.no evenft be less than 21.9%. Using this fonnula, tlie APR for purchases in the November 2000 billing cycle is 22.9%, corresponding to a oal 'I periodic rate 0 0.06274%. ' The ANNUAL PERCENTAGE RATE for cash advances is 21.9%, corre~ponding to a deily periodic rate of 0,06000%. If we receive your Account payment late 2 or more times in any 6.month period, on each suc.h occurrence we may increase the .A, PR for, ,0,' urchases up to a maximum of 23.30% (corresponding to a daily periodic rate Of 0.06384%/ and increase the APR for cash adVances and custom cash advances up to maximum of 23.90% (corresponding to a deily periodic. rate of 0,06548%1. 1 after you receive the hjgher rates your payments are received on time. and you meet all other tenns of this A,greement for 3 consecutive months, you may contact our Customer S'elVlce departmenf and, at your request, we Will reView your Account for a possible APR reduction. Grace Period for Purchase Balance. New purchases posted to your Account in billing cycles with no p'reviousbalance~ or when the previous balance was fully paid during the cycle do not begin to incur a finance charge until tha start of the nexl'billing cyc.le, You will pay no Ilnance charge on such new . purcliases if you pay the 10t~1 new ~lan99 in full by the payment due date shQwn 9n yo~r stat$ment. New purcliases posteo in any other billing cycle Incur a finance charge, and there IS no penod In which such purchases may be repaid WithOUt Incumng a finance charge, Fees. If your Account is currently not charged an annual membe, rship fee, ~ yoU will con. tinue to have nO annul!!.I, m. embershlp fee, If your ACcou, nt is I currently charged an annual membership fee, your annual membership fee wnl be ~39. .We will charge your Account ~O for. each Card you ask us to reJl.!lce; each returned payment; each check you write on your Account that w~ retum unpa,ld;, eact] stop payment order or renewal of ,suph an orqer, each Dilling cycle within wtiicli your Account is delinquent (late charge)l' and each billing cycle WItHin which your Elalance exceeds 'lOW credit line (overllmlt fee1.even Ifyfo$u2r Account is closed. If you request copies of billing sta ements that were first sent to you more than three months earlier, we may charge a hanullng fee 0 (Continued on reverse) (5846-0698) 5497485500941861 1525 015 Z561 ""'~,;;,""..~ - . , "~ ,"i. ~". , ~;-; for each such C9P..y, If YOU request that we !11ake a one-timEl.qutomatiQ.Qll..Yment .frofll your personal checking account, we may charge your credit card achcouknt a fee of :p4.95 for each request. This fee IS a FINANCE CHARGE, and It will apply regardless of whether funds are availabre in your pernonal c ec Ing account to make the payment. . We milY ,harne, a transaction fee Qf 3% (minimum $5), which is a one,time FINANCE CHARGE, on the amount of each cash advance, including cash from flnanclallnstitlltlons, and ATMs, wire transfern, money ordern, lottery tickets, casino gaming chips, and similar transactions. Default. You will be lin default if any infolTT)ation you provided us p'roves to be incomplete or untrue' if you do not comply with any part of this Agreement. fup.thon your death, bankruptcy, or Insolvency; If Y9U qo not pay othilr aebts ,when due; if a b~nkrup.tcy petition is fil!ld by or against you; or if we. believe in gooO al . that you may not pay or perform your otillg~tlons u,ncrer thiS Agreement. If you are In d6fault we may, WithoUt furtlfer demand or notice, cancel your credit pnvlleges, declare your Account balance Immediately due and bayeble and use any rem'l.Qy we mill' have In the event of your default the ohutstanlding 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 ave fi ed SUit to collect the amount you owe. ' Cr~it Line. your credit line is specified from time to til1)e,in a sepllraie. notice. .Your monll1ly statements show your credit line and the amount of your avallablllecredi). We may Increase or dec.reilse your credit line based on Information we obtained from you or your credit records. Your available creait is norma y the difference between your credit line and your Account balance (including transactions made or authorized but not yet p'osted). If yoU send us a Ylarge P.<Iyment check, we may limit your available credit while we ccnfirm l!1at thEl check will clear, For certain transactions available credif may be less. ou will not use your Accounl for, and we may refuse to honor, any transaction which would cause you to exceed your availaole credit. Promise 10 Pay. You promise to pay us when due all amounts borrowed when YQu or someone else use your Account (even if the amount Charged exceeds your permission), all other transactions and charges to your Account, and collection costs we incur including, but not limited to. reasomrole attomey's fees and court costs, (If you win the suit. we will pay your reasoneble attomey's fees and court costs,) . Changes. After we p'rovide you any notice required by law, we may change any P.llrt of this Agreement and add or remove requirements, If a change is made 10 the Finance Charges section of this Agreement, the new finance charge calculation will ap'ply to your entire Account balance from the effective Oate of th,e change. Changes Will apply to balances thai include items posted to your Account before the dale of the change, and will apply whether or not you continue to use the A:ccount. " Foreign Exchange/Currency Conversion. If you use your Card for tran, sactions in a currency other than U.S. dollarsbthe transactions will ba converted to U.S. aollarn, generally using. either a (i) govemment.mandated rate or (Ii) wholesale market rate in effect the day efore the t!!lnsaction is processed, increased by three percent (j%). If a credit is subsequently given for a transaction, it will be decreased by the same percentage. The currency oonversion rate used on the convernion date may differ from the rate in effect on the date you used your Card. You agree to accept lIie converted amount in U.S. dollars. The Carcl; Cancellation. You may cancel your credit p'rivileges at any time by notifying us in writing and destroying the Card(s). Upon the Card e1Q)iration at the end or the month shown on if, we reserve the rigl\t not fo renew the Cara. We may cancel the Card and your credit privileges at any time after 30 ~ 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 shouid destroy any unused checks we have Issueato you. Personal Inform, ation.; DO, cuments. You will provide us at least 10 da~ notice if ,yOU change your name, home or mailing address, telePhone. . numbern, employment or income. Upon our request, you will provide us addltio al financial informafion. We reserve the right to Obtain informafion from othern, incrudlng credit reporting agencies ana to provide your address and in ormation about your Account to othern. We may also share information with our affiliates. However, you may WJjte 10 us at any time Instructing us not to ~hare credit information with our affiliates. If you ao not fulfill your obligations under this Agreement, a negative credit report that may reflect on your credit mOlY be submitted to the oredit reporting agencies, Customer Service; Unauthorized Use, Loss or Theft of Checks ,or the Card. Each Card must be signed on receipt. You are responsible for safeguarding the Card, your Pernonalldentificaflon NUmber!'PIN", whiph provides access to Automated TellefMachlnes) and any checks issued to you from theft, and keeping your PI N separate from your Card. . I you diSC~O er or suspect that ypur Cardb Pl~ or any unused checks are .Iost or sto.leni or th. at there m~ be an unauthorized transaction on your Account, ygu will pro ptly notifY us by calling 1-80 .9",,-7221. So we can immediately act to Iimi losses and liabilitY" ygu will phone us even though you may also nolifv us In ting. You will not be liable for unauthorized use occumng before you notify us of a loss or thelt If you report or we sU\lPecl unauthonzed use of your Account, we may suspend your credit privileges until we resolve the problem to our satisfactio.n 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 pernon or Automated Teller Machine refuses to honor the Card or accept your checks,,orfails to retum the Card to you. We have no responsibilitv for gooOO and services purcha$ed with the Card or checks except as ~uired by law, (See "pecial Rule below.) Cerlain l5e~efits that are available with the Account are provided by thirdlparty vendorn. We are not responsible for the quality, availability, or results of any of the serviCes you choose to use. Slop Payment Orders. If you wish to stop payment on a check, you may send us a stqp paY!l1ent order by writing to us at our address for customer seM.'ce listed on your statement. You can make a stop p.@yr(1ent order orillly by qalling the numlier listed on Y.9ur statement. When you make !I; stop paYment ortler you must provide your Account number and ~eciffc information about th~ check: the exact amount, the date on the check, the name 011l1e PilrtY to'wwhom II , was payable, the name of the person who Signed it, and the check number. You will be asked to confirm an oral stop paYJllent order In wnting. e may disregard your 0~1 order if we do not receive a signed written confirmalion within two weeks after the oral order, or II we have not received an adeClllate descnption of the Item so thatpaYlJ1ent !1i'In be stopped. The order will not ba effective if the check was p;lid by us liefore we had a reasonable opportunity to act on the order, We mOlY, without liability, disregard a written stop payment order six months after receipt unless it is renewed in writing, standard of Care. Because this Account involves both credit card and ,check transactions which are processed through separate national systems before the transactions are consolidated by us, and because not every check and Card slip. will be sent to us, transactions in your Accou~t will be proG$Ss~d mechanically without our necessarily reviewing everY item. Our p.roces~, ing system will call our attention t.o certain. items whi.Ch w,e \I!,.III.examidne. Willi Will examinll al'lf!lJ1sactions when you [llport that your .Card or checks have been lost or stolen.. We d9 not intenp ordjnarily tq eX?mine all,ltel1)s, an we WI not be negligent If we.do not.do so. ThiS rule es\liblishes the standard of ordlnarv care whlcb we}n gopd faith Will exeTCIse I~ admlnlstethnng your Account Because of our limited reView, and because neither your cancelled ch~ks nor Card transaction sliP!! Will beretumed to you With the mon ,Iy slal$ment, you should be careful to enter all checks in your oheck register or othelWlse keep a record of them, You should also save YQur credit card cash advance and purchase slips. You agree to check your monthly statements against your record and to notify us immediately of any unauthorized transactions or errorn. Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it .or any other provision later. You waive: the right to presentment, demandl 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; Assignmenl No matter where you Ii~e, this Agreement and your Account are govemed by, federal law and by New Hampshire law. this Agreement is a final elYlression of tt)e agreement ibetween you and us ane! may not be contra~ipted by ilvldence of any alleg8!:l orai agreement. If any proviSion of thiS Agreement IS held to be Invalid or unenforceable, you and we Will conSider that proViSion modified to co.nform dto appliCabteled law, and the rest of the provisions In the Agreement will still be enforc~able, At any time after we determine in good faith that any propose or Elnec legislation regulatory aClion, or judicial decision has rendered or may ~nder any material provisions of this Agreement ,invalid or uneriforc3Qeabdle, or Imt.poste any increaseatax, reporting requirement, or other burden in connection with any such proVision or its enforcement, we may, after at least ays no Ice 0 """"'~' ,A ., d .'^ : " - , ~ ", .; ,-, " j ,,' "~""~ 0' ,__" ; ['1'1 f i,.;.t \lib PROVIDIAN .. Financial ~~~~~~~~~~~~~~~~~~i . you, or lliithout notice if permitted by law, cancel the Card and your Credit priviieges, We may transfer or assign our right to all or some of your payments. If slpte law re51uires that you receive notice of such an event to protect the purchaser or assignee, we may give you suc~ notice by filing a financing statement With the state's Secretary of State. Notices. Other notices to you shall be effective when dep,osited 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 lor customer service on your statement (or other aderesses we may specify) and shall be effective when we receive it YOUR BILLING RIGHTS - KeEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill. If you think your bill Is wrong or if you need more information about any transaction on your bill, write us on a separate sheet. at the address listed in the Billing Rights 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 Responsibilities After We Receive Your Written Notice. We must acknowledge your letter within 30 days, unless we have correctee the error by then, Within 90 days we must either correct the error or explain why we believe the Dill 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, including finance charg!,s, and we can apl1ly any unp.aid amount against Y9ur credit line. You do not have to pay any questioned amount whUe we are investigating, but you are slll1 Obligated to pay tHe parts of your bill that are not In question. If we find that we made a mistake on your bill, you will not have to pay. any finance charge related to any questioned amount If we didn't make a mistake, you may have to pay finance charges, and you will have to make uplhe missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount we think you owe, we may rel10rt you as delinquent However, if our e)5planation does not satisfy you and yoU write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to thatvou guestion 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 sellled Detween us when it finallY is, If we dOn't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct Special Rule for Credit Card Purchases. If yo~ have a problem with the qualilY of the prop'erty or S\lryices that yOU purchased with our cregit card and you have tried in good faith to correct the problem With the merchant, you may not Have 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 yqur home state, or if not within your home state, wilf1in 100 miles of your current mailing address' and (b) the p,urchase price must have been more than $50. These limitations do not apply If we own or operate the merchant, or if we mailed you the advertisement for the property or services, 2561 'n!t~Tf: 'J'iJlM[r~iHD~lii~iiIlil~iIti&! .- ' ~~i!I.~jili!~wtll.'t . ~ kP ""<,~--~, ,~>,,~' ,',"' ._0..''_''. ""<,'~ _, ,., " -- ~ -- '''~ " e .~ .~~". (V~ It-T{ fit ~ "- D ~ ..) ........ ~~--~' . ~ h 8 r utJ ~=t- $ 't>Q. frt~ . . g a "~ol~t'M''i' p~ ~ - o c <' -ct~:' r'r(. {5S.' ~e~ ~~; =< , _, L , ~~'"_~~_ \ ", C) 1'.J -\,' !';--? ~'1 <0 ::;:j ~J] -<: ., G) W;) ,~" Md =.^"' _ii', SHERIFF'S RETURN - REGULAR CASE NO: 2001-01232 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS KIPP BRIAN S 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 KIPP BRIAN S the DEFENDANT , at 0018:09 HOURS, on the 9th day of March , 2001 # 14 at 5401 OXFORD DRIVE MECHANICSBURG, PA 17055 by handing to BRIAN KIPP 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 6.82 .00 10.00 .00 34.82 So Answers: r~~~t:~, R. Thomas Kline 03/12/2001 PARK LAW ASS Sworn and Subscribed to before By: me this ()'1!!:::. day of ~_ :lAnlI A.D. ~/"O.~~ R othonotary / ,.."U_"~=~ "', 1:' """> . 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: 7 PENNSYLVANIA AVE APT B CAMP HILL, PA 17011-5414 5497485500941861 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS BRIAN SKIPP Defendant NO.01-1232 CIVIL PRAECIP,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: AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS $4,476.82 $761.00 $325.02 ($0.00) ($81. 00) $5,481. 84 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 pr~Dr to the date of the filing of this Praecipe. A true and c ect copy of the notice pursuant to Pennsylvania Rule of Civ' Procedure No. 237.1 is attached hereto and marked Exhibit' " TOTAL VALERIE OSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, !JF'r;' t II ,~ / ' 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. ~""*,.,, , ~ ,. ,~ _-...'~ Cu-/c.. 2 ? .~ . PROTHONOTARY PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,-i<r-,,,,".l>'-"I~'-~' . ,~ ~.~ ,. "' ,," "L: ~~ , ,,~',~ .:.., '''w., " 'VALERIE ROSENBLUTH PARK ATTORNEYLD.# 72094 PARK LAW ASSOCIATES,P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF , , CUMBERLAND COUNT~ COURT OF COMMON PLEAS I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 7 PENNSYLVANIA AVE APT B CAMP illLL, PA 17011-5414 1 PROVIDIAN NATIONAL BANK Plaintiff VS BRIAN S KlPP Defendant NO. 01-1232 CIVIL NOTICE O~ PRAECIPE FOR ENTRY OF D FAULT JUDGMENT , TO: BRIAN S KlPP 7 PENNSYL V ANlA AVE APT B CAMP HILL, PA 17011-5414 DATE OF NOTICE: 3/30101 , IMPORtANT NOTICE YOU ARE IN DEFAULT BEC~SE YOU HAVE FAlloED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. ESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUI) MENT MAY BE ENTERED AGAINST YOU WTIHOUT A HEARING AND YOU Y LOSE . YOUR PROPERTY OR 01HER IMPORTANT RIGHTS. YOU SHOULD TAIKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR C4NNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT AI!)MINISTRATOR CVMBERLAND COUN1fY COURTHOUSE, 4th FLOOR CARLI~LE, PA 17013 (711) 240-6200 P~LAW ASSOCIATES, P.C. BY:i i V ALERlE ROSENBLUTH PARK, ESQ. cc: i THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED I WILL BE USED FOR THAT PURPOSE; I EXHIBIT A ~-^. ',,~ -'. ~."" "'"'~ > <",,"w ,0 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: 7 PENNSYLVANIA AVE APT B CAMP HILL, PA 17011-5414 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS BRIAN SKIPP NO. 01-1232 CIVIL Defendant VERIFICATION 0," 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 BRIAN S KIPP, Defendant is over 21 years of age; that his/her place of residence/business is located at 7 PENNSYLVANIA AVE APT B CAMP HILL, PA 17011-5414 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 amendments. PAR, K LA, A~IATES, P ~' BY: (/ l ~ Valerie Rosenbluth Park Attorney for Plaintiff EID ~ - ..^.~~ ~WL: ~ 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: 7 PENNSYLVANIA AVE APT B CAMP HILL, PA 17011-5414 CUMBERLAND COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS BRIAN SKIPP NO. 01-1232 CIVIL Defendant 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 FAIR DEBT COLLECTION CTICES 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. ~a!!i~m~l!.~'tI!iio1J;!iWd~jil:.-iiiMig,lli!lif~~\-i!'MM\~,j,liA't[~'<m.~a10,~'~'~"1"""'":;",.,Mffl",jllMllt.!Jf-"~_j~iJ~'""" '~'l!e~~ ~ '-'n;', =~, ~"~", ,~~-~~~,,, ",- ,'0"", ",,"," ~ ('::l oC<.l. '[ :-.() C) C) 8 c "" ;::::'", " ~ 05e'~ " ~ J () "'--,-.',^ L::'r tv G';" co ~ -<> " ~c.' ""\!J "i? s:~~! '-;~:; '- ~ ", -<: .,. . ,(~', ", ',_ h' ~y < ^ ,. . . -- lBl::: ~