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HomeMy WebLinkAbout01-1233 FX ; ~. , . "";c '~ , , ,". ,,' ,< ~ ~ ~j;i; . " VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS. KENNETH J BROOMER Defendant NO. 0/ - l:llJ G()i{/~ NOTICE: You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in, writing with the Court your defenses or objections to the claims set forth against you.' You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ',. '"' ", f,'", ',""", ~'!llIjlr'" 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#:4428002573520139 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS KENNETH J BROOMER P4 ANTRIM DR MECHANICSBURG, PA 17050-2933 DEFENDANT NO. (9 I - J.2 33 c..L.vJ -r..eM-- CIVIL ACTION 1. The Plaintiff, PROVIDIAN NATIONAL BANK, is a national banking association organized and existing under and by virtue of the laws of the United States of America. Plaintiff solicits and maintains consumer credit accounts in Pennsylvania and is the owner of this account, which is the subject matter of this action. 2. The Defendant, KENNETH J BROOMER, has a mailing address at P4 ANTRIM DR, MECHANICSBURG, PA 17050-2933, . 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 4428002573520139. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. "" ,..' ~." "" , 'li":~ 4. The Defendant requested an account, account number 4428002573520139, 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 $13,319.92 as of 11/30/2000, plus pre-judgment contractual interest at the rate of 18.00% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $2,264.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $13,319.92, plus pre-judgment interest at the contractual rate of 18.00% per annum from 11/30/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,264.00, 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. ~"-"' , , , ~, , " , ~'1"~" 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 $13,319.92, plus pre-judgment interest at the contractual rate of 18.00% per annum from 11/30/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,264.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. , PARK LAW ASSOCIATES, P.C. ~/ 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. ,"~ --~- ' " ~, ~ " ,-- ~-~ ~ ~ ~~'-'tE , VERIFICATION HEATHER KOOREMAN , declare that: I am I, 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, rnia. Date Designated Agent ,~""""'J.I-"'~"""""~ I, J, obIIl"""'l- J", ~-, '-j ,,- '"-'~ !~~iWlt._: ~~'. , .:JitPROYIE>IAN ~ Financial ~,.ilf ~'Il ~~ ~"~,~ ~ ~ ~~ ~.~,~ i~ ~ W~' , , ~ v Providian Nab6nal S.nk "ISAIi> or MaslerCardil EXHIBIT It Plea!e review. ~is document and keep it with your other importanl.papers. This AccounljAgreement contains the lerms which govern your Pravidian NalionalSank VISA or MasterC d A I (the Acc,ounl )', The Account allows you to make purchases by uSing your VISA or Mesll!rCard card (Ihe 'Carer) wherever il is honored and 10 get cash advances "om us or an 0 ar cceun. ~nanClallnstltution and from Automated Teller Machines. Conv;nlen.c~ ch~ks m, alsd b~ provided t~ ~ou as ~n additional w.ay to ~e the Ac~unt. In this Agreement, "youn Xndt~e~~r~~c:ttn9 each person for whom we ~ave opened a credil car.d Account. We, our, ours, and,~us mean Provldian Nallonal Bank or Its assignees, as hsted on your billing statement. The kcounl m be used only for personal, family. household, and charitable purposes, and nol for arry busl ess or commercial purpose. Any use of thiS Account shall com;;litule acceptance of the terms f th ay Agreement. If the Account was opened as a joinl account, we may act on the inslructio s of either joint accountholder. You and we agree as fonows: 0 IS Payments. Yeu will receive a menth~ statemenl showing your eutstanding balance. Pa~menl en this Accounl is required in U.S. dollars (checks musl be payable at a U.S. office et Ihe bank the check IS drawn on) for atleasl the payment due es show~ on your statement by ~e pay"enl due date 10 accordance with paymenl instructions on your menlh~ stalement. The back of eur statements shows the rules we f~llow when ~e P95t ~yments. Convenlen~e checks. a~d other checks we Issue to you may not be -used to make payments ,on your Account or to mak~ payments en any ether account you heve With us or our afflllateS. Th, payment due will be: 2% at I/'e new balanee shown on your statement plus,~e amount of any past due paymenl, and m include Ihe amount by which ~enew balance exceeds, yeur ,OOlllOe. However, the paymenl due 1'/111 nel be, less Ihan $15 (unless your new balance is less than $15, in wroch case ~epaymeni due will be ~e amounl et ~e new balance). If your Account IS past due or aIlove the credil IlOe, we tnav requite a higher mlOlmum payment, bul we will notify you befere doing so, It your payment is mere than th.e payment d~e,. It will ~e treat~ as a sl~le payment and none of It ~dl be appll~ to fthuie payme_nts due, We may accepllate or partial payments, or payments marked "paid in full" or marked With other reslnchons, WIthOut lOSing our nght to collect all amounts OWIng under thtS Ag~ment. If you have made special payment arrangements with either First Union or P'rovidian, yo~ need to continue making the agreed upon payments. Finance CharSH: Excep.t as described,in the Grace'Ptrlod for Purch~e Balance s I 'on of this Agr~ment, finance charges begin to accrue on a debit when it is included in one of your daily balances and continue unUl that ~lance IS reduced by a payme~t or qreclit. Yo~r Acccu' t has the follOWing balances.: The Purchase Balance which consists of your exisling Purchase Balance and new purchases you make with your Card and fees far certain optional SeMCes; on or more Custom Cash Advance Balances which consists-of balances that you transfer 10 your Account using balance l~nsfer checks and'balances Ihat we tra~sfer for you; and ~e C~s . . a which consists of all other ~ash advances and cash advance transaction fees. Any payment amount we rec""e ~al exeeeds Ihe finance ch"lles ana fees ~~n due Will on;nan~ be applied brst 10 ~e Balance wilh the lowest Annual Percentage Rate (APR), until thelSalance is ,",e, and then to the Balance With the next lowest APR, until that Balance IS zero, and then to anylremalnlng Balance. We reserve the right to apply payments differently without further notice. . . I ~ The Purchase, Custom Cash Advancs,"and Cash AOIance Balances .are ~ed by !enlS as of the dale received, and by credits as of the date posted Purchases.are included in your Purchase Balance as of-the dat~ made. Custom cash advances are Included In your C tom Cash Advance Balance as follows: funds electronically transmitted to olher lenders to transfer balances, as of the date lransm.ltted; checks to transfer balances, as ~f the date present to us. Other cash adlances are included in your Cash Advance Balance as, follows: cash acNances frem olher financial inslituben. and through AJncmaled T ellers, as of ~e date made; cas1 advance checks made payallle to you lhat are identified es cashiels cliect<s and mailed ie you al your request, as of seven days after the dale we pnnt on the check; all other checks'; as of 1 date presented to us. Other debits are Included In your Purchase Custom Cash Advance or Cash . A~aru::e Salance ~ of Ihe date p~te(t. Finance charges are added to your Purchase, I ustom Cash Advance, and Cash Advance Balances each day and are then posted on the last day of the billing cycle. There IS no grace pened for custom cash advances or- other cash advan~. ' To Iigure the dei~ finance eh"lle for each type of Saiance, we start with your previoU'~' s Saianee. add all debits and subtracl all credits for the currenl day and mulliply the nel ameunl by Ihe applICable dal~ pencdic rate (see follOWlng paragraphs). The financ~ charge for each e or,Balance IS then added to and Included 10 thai day's Balance, Welreal aeredil balanoe for any day es zero. We determlOe Ihe total finance charges on baiances for the billing cycle by addlOg tegeJher~e finance charges foreach typeof Salance for each day Within the billing cycle. In calculaling finance charges, an adjustment will be made for any transecfien er payment ~at wouki't1ave affected the finance charge calculation in a prier billing cycle had il been posted in ~at oyole. The applicable dally periodic rate for such a transaction will be the rate in effect for the cUlr~t bil!ing cycle rather than the rate in effect on the date of the transaction. Your slatement includes an average daily balance fer each type of Balance. You can multiply each average daily balance that is nol zero by the number of days in lhe bijling cycle and the periodic rate to obtain subtotals, and then add the subtotals togelhef' 10 determine your total finaope cha~ges on balances for Ihe biWng cycle, If a cash advaru::e transaction fee is charged, that amount IS also a finance charge. : . The term "Prime Rate" as used in the Agreement means the highest prime rate published in the Wall Street Journal on the first business dat of the previous calendar month. Any increase or decrease in the Annual Percenlage Rate will take effect on the first day of your billing cy~e and may result in a slight increase or decrease In the amount of your minimum payment. The ANNUAL PERCENT AGE RATE (APR) fer purchas~ will vary and may beadjusted each billing cycie up 10 13.4% above Prime Rale. but will in no event be less than 21.9%. Using this formula, ~e APR for purchases in Ihe May 2000 billing cycle is 22.4%, corresponding te ~ dai~ periodle rale et 0.06137%. The ANNUAL PERCENTAGE RATE for cash acliances is 21,9%, cerresponding te a da!~ periodic rate ef 0,06000%, If we receive your Account payment Jate 2 or more times in any,f3.month period siru::e 0;' aber 1. 1999, on each such occurrence we may increase the APR for purchases up to a maximum of 23.3% (corresponding to a daily periodic rate of 0.06384%), and increase the APR fer h advances and custom cash advances up to maximum of 23.9% (corresponding to a daily periodic rale of 0.06948%). If after you receive the higher rales your payments are received on time a_" you meel all other terms of this Agreement for 3 consecutive months, you may contact our Customer Service department and, at your request, we will review your Account for a possible AP~ reduction. If at this time the APRs in your Account have already iflcreased because you did not IT!~t the existing term~ of y~ur Account Agreement, yo~r existing APR~ will conti~ue to apply. If you meet all terms of this Agreement for 3 consecutive months and y.ou con.lact our Customer ServICe department, we will. review your Account for. a ~slble APR reduction. Starting July .2000. however, the APRs described in tlte preceding paragraph will apply. If your ACCCtIlIt payments are recfved late 2 or meralimes in any S-mcnth period since October 1, 1 S99, Grace Period for Purchase Balance. New purchases posted to your Account in billing ~c1es with no previous balance, or when the previous balance was fully paid during the cycle, do not begin to incur a finance charge unlillhe start of the next billing cycle. You will pay no 6naru::e aiarge on ~uch ne~ pu~has~s if you pay the tolal new bala~ i~ full by the ~ment due date shown on your statement. New purchases posted in any other billing cycle incur a finance charge, land there IS no penod In which such purchases may be repSld Without lncumng a finance charge. Fees. We may charge your Account SO for. each Card you ask us to ~epla~e; each retu~ed payment; each ~~eck you w~t! on ~our ACcount that,we rebJrn unpaid; ~ stop p.ay,rnent order ~r renewal of such an order, each billing cycle within which your Account IS dellnquenl (latelcharge); and each billing cycle Within whIch your balance exceeds your credit line (overllmlt fee), even If your Account is closed. If you request copies of billing statements that. were first sent to!U more than three. months earlier, we may charge a handling fee of $? for e,ach such copy. If you request ~at we makea one.lime autema~e payment from your persenal checklOg acccunl, we ay charge yeur Credit card ecceunl a fee of$4.95 fer each request. ThIS fee . a FINANCE CHARGE, and il will app~ regardless of whether funds are available in yeur personal ehecking acccunt e make the payment. We may charge a transaction fee of 3% (minimum $5), whIch is a one.time F1NA~CE 'C, RGE, on the amount of each cash advance, including cash from financial institutions, and A TMs, wire transfers, money orders, lottery tickets, casino gaming ch!ps, and similar transacllons. , Oefaull. You wiD be in default: if any information you provided us prove;' to.be inccmpt~e or untnJe; if yoU do not comp~ with any part of ~is Agreement; upon your death, ba,nkruplcy, or , inselvency; ifycu de net pay ether debts when due; if a bankruplcy pelitio~ IS filed by or ,nstyou; er If we believe 10 good faith thelyOU'may nel pay or perlorm your obIigallCIIS under~. , Agreement. Ityeu are in dafaun we may, wl~eut further demand or notiee, cancel yeur t pnvlleges, declare yeur Account belance Immediately due and payable, and use any ramedy we. may have. In ~e event of your default, theoutstanding batance en your Acccunt shall conlin ; e to accrue IOterest al ~e APR(s) disclosed 10 the Finance Charges sectwn or trus Agreemenl, even If we have liIed suit to collect the amount you owe. , Credit Une. Your credil line is specified from lime to bme in a separalenolice, Your mith~ stllements show your credit line and the amount of your availallle.credil We may increese or decreeseyour credit line based en infermation we obtained from eu or your credit raco . Your,avaltable credit IS normal~,the diffa"f'ce between your credil line and your Account balance Oneluding transactions made er autherized bul net yel posled). I(yeu send us a large menl, check, we may IIm~ yo,!, avallallle credit whlle,we confirm thai the check Will clear. Forcerta'" transactions, available credit may be less. You will not use your Account for, andwe m refuse to honor, any transaction whICh would cause you to exceed your avaJlable credt. Promise to Pay. You promise to pay us whe~ due ail amounts bo~ 'Nh~ you or $~~~ne else use your Account (even if the amount charged ex~ your 'pennis~lOn), all other transactions and charges to your Account, and collection costs we incur IncludIng, but nqt IImlled to, reasonable attorney's fees and court costs. (If you Win the SUit, we will pay your reasonable attorney's fees and court costs.) Changes. Aflerwe provide you any notice required by law, we may cha,nge arrj part Of~'hiS Agreement an~ add or remove requirements. If a .change is made to the Fi!"3nce ~arges secti;:m of this Agreement, the new finance charge calculation will apply to your enllre A~ount bala ce from the effective date of the change. Changes will apply to balances that Include l,ems CGstad ,0 ~ Account before the date of the chanae and will apply whelher or not you continue to us ,the-Account. Foreign Exchange/Currency Conversion. If you-use your Card for transactions in a qurr~ncy other than U:S. dollars, Ine transactions will be convert~ to U.S. dollars, ~enerally using ei~er ~ (i) government-mandated rale or (ii) wholesale market rale In effect the cay before the lran~acllon. IS precessed, !ncreased by !hr~ pe:cent (3%) If a credit IS subsequently gIVen fer a transa..ct.on, It will be decreased by the same percentage. _ The currenc,! conversion rale used on the conversloo dale may dIffer from the rate In effect on the dale you used your Card. You agree to acc..pt the converted amount in U.S. dollars, . I"__li..,.....l.... _..~_~l 11:0,0': "':"0. 1'\":I.? C04- Z561 ."-';ii~l~.".,...l"ld>j,JOlI.;-l"~"". C'~g;jIliIdll~lll1lUlilllil~- 1olI-,",,-.--'"~'-~~~' b.:'li'--- t~l, The Card; Cancellation. You may cancel your credit privileges at any lime by ~otlfyi.ng us In wnllng and destroYing theCard(s) Upon the Card explrallOn at th~R' 'tf,~monlh shown on It we res~rve the ngbt not 10 renew the Card. We may cancellhe Card and your credit pnvlleges at any tJme after 30 days nollce 10 you. or wIthout notice if permitted by law If our Card IS cancelled or not r~ewed, financ.e c~i3:rges and ~ther fees will contmue to be assessed, payments will conlin~e to be due, and all other apphcable prOVIsions of thIs Agreement will re~in in effect If au termmate your credit pnvlleges, or If we canc~1 or ~ not renew the Card, you ,ma~ no, longer wn!e checks on your Account, and you should destroy any unused checks we have issued t~ you. Personallnfo~atlo.n; Docum~nts. You ~dl prOVIde ~s at least 10 days n~lice If you ~h~nge yo~r name, home o.r mail!ng add~ss, telephone numbers, employmenl or income. Upon our requ~t, you wlil provide us additIonal ffnanClalll1fo~mation. .We r!*leNe the. nghtto obtain Information fr~m others, IncJu~lng ~redll reporting agenCIes, and to provide your address and information about your Account t~ ot,hers. We m~ also share InformatIon wIth our affiliates. However vou mav wrrt~ to us at anv lime Instructina us not 10 share credit Information wilh our affilial If do not fulfill your obhgatlons under thIs Agreement, a negatIVe credit report that may reflect on your credit may be submitted 10 Ihe credit reporting agencies. es. you Custome! Se~ice! Unaut,horized Use, Loss, Qr Theft ~f Chec~ or the Card. Ea~ Card must be signed on receipt. You are responsible for safeguarding Ihe Card, your Personalldentlficatiol Numb~r ( PIN, which prOVides access 10 Automaled Teller Machines) and any checks ISsued 10 you from Iheft, and keeping your PIN separale froln your Card. If you ciscover orsus eclthal your C~rd, PIN, or any unused checks .are lost or,lolen, or lI1alll1ere may be an unaulhonzed Iransecllon on your Ac,ounl. you will prompl~ nolify us by calling 1.IUlD.933-7221. So vi'. can ImmedIately act to hmlllosses, and liability, you WIll phone us even lho.ugh you may .als~ ryOtllY us lry wrrting. Your liability for unaulhorize<fuse occurring before you notify us is limited to SSQ, If you report or we ~uspect unauthorized use of y\?ur Account, we,may su~pend your credit pnvd~es until we ~esolve Ihe problem 10 our satisfacllon or issue you a new Card. If your Card is lost or stolen, you WlU promptly destroy all checks In your possession. To Improve customer servICe and securrty, you agree that your calls may be monitored or recorded. Merchant Relations. We will nol ~Iiable if any person or Automated Teller Machine refuses 10 honor the Card or accept your checks, or fails 10 return Ihe Card to you. We heve no rasponsi!>li' for goods and serviCes purchased wllh the Card or checks except as reqUired by law. (See Special Rule below.) Certain benefils Ihat are available willllhe Account are provided by Ihird-party . vendorn. We are not responsible for the qualily, ilvaiIabilil'j, or results ofany of the seNices 'f<lU choose to use. . Stop Payment Orders. If you wish to s~op payI1lent on ~ check, you may send us a stop payment order by writing to us at our address for customer service listed on your statement. You can make a stop payment order orally by calling the number hsled on yo~r statement.. When you make a stop payment order, you must provide your Account number and specific information about thE check: Ihe exact amount"the dale on the check, Ihe name oflhe,parly 10 whom ilwas payable, Ihe name of Ihe person who signed ii, and Ihe check number. You will be asked to confirm an oral stop l?CI~ment o~ In wrrting. We mav dlsreaard vour oral order If w.e do nat racel~e a.sloned wntten con~rmahon Within !WO weeks after the oral order or if we have not received an adequate descnplloo of Ihe Ilern so that payment can ~ slOPped, The order Will not be effecllve If the check was paid by us before we had a reasonable opportunity 10 act on the order. We may wllhout liability, disregard a written stop payment order six months a"er receipt unless it is renewed in writing.' , . Standard of Care. Because this Account involves ~oth credit card and ch~ transactions w:hich are processed through separate national systems before the transactions are consolidated by us, and because ~t every ~~k and C~rd slip will be s~nt to us, I~nsac~ns In your Ac:c:o.unt will be processed mechanically without our necessarily reviewing PNery item. au.r processing system wil call our attention to certain Items whIch we wiD e)(amlne. We will examllle all ~nsactions when you report that your Card or checks have been lost or stolen. We do not intend ordinanly 10 examine all items, and we will not be negligent if we do nol do so. This rule establishes the standard of ordinalY care which we in good faith will exercise in administering your Account. 8ecause of our Iimi~ review, a~ because neither your cancelled checks nor Card transacti?n slips will be returned to you with it!e monthly slatemen~ you should be careful 10 enter all ch~ks in your check regIster or olhetWlSe keep a record of thertl. You. should also save your credit card cash advance and purchase slips. You aaree to check VOlJr mqnlnlv statements 8asinst vour record and to nonN us immediatelv of anv unauthorized transactions or errors Waiver of Certain Rlghts._ We may delay or waive enforcem.ent of any provisi?~ of.this Agreemen.t without losing our righl t~ enfo~ce it or aRY other provision later. You waive: the right to presentment, demand, protest, or notice of disho~or; any applicable statuie of limitations; and any nght you may have to reqUIre us to proceed against anyone before we file suit against you. Applicable Law; Severability; Assignment No matter where you live, ~is Agr~ent and your Al:count are governed by federal law and by New Hampshire law. This Agreement is a final expression of the agreement between you and us. and may nol be contradicted by evidence of any all~ed ~ral agreement. If any provision of lhis Agreement is held to be invatid or unenforceable, you and we will consider that provision modified to conform to applicable~, and Ihe r~t of the provISions In the Agreement will still be enforceable. At any lime after we, determine in good faith that any proposed or enacted legislation, regulatory action, or judicial decision has rendered or may render any material provisions of this Agreement invalid or unenforceable, or impose any increased tax, reporting requirement, or other burden in connection with an~ such provision or its enforcement, we may, after at least 30 days notice to you, or without notice if permitted by law, cancellhe Card and your Credit privileges. We l11ay transfer or assign our nghlto 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 filing a financing statement with the state's Secrelary of State. Notices. Other notices to you shall be effective when deposiled in the mail addressed to you at the address shown on our records, unless a longer notice period is specified in this Agreement or by law, which period shall start upon mailing. Notice to us shall be mailed to our address for customer service on your statement (or other addresses we may specifY) and shall be effeclive when we receive it. YOUR BILLING RIGHTS _ KEEP THIS NOTiCe FOR FUTURE USE. This notice contains importanl informalion about your rights and our responsibilities under the Fair Credit Billing Act Notify Us In Case of E"ors 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 8i11ing Righls Summary on 'f?ur bill. Write to us 2:5 soon as possible. ~e must hear fr~m you no l~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 WIll not preserve your nghts. In your letter, gIVe us the follOWIng InformatIon: - Your name and Account number. - The dollar amount of Ihe suspected error. - Describe lhe 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 halle authorized us to pay your credit card bill automatically rrom your checking account, you can stop the payment on any amounl you think is wrong. To stop the payment, your letter must reach us, three business days before the automatic paymenl is scheduled 10 occur, . Your RI9I!ts and Our Responsibilities After We Re.ce;ve Yo~r Written Notice. We mus! acknowledge your leUer,within 30 days, unless we have con:ected the error by then.. Within 00 days, we must either correct the error or explain why w~ beheve the bill was correct. After-we receIVe your le,lter, we canno.t try to collect. a~y amount you questIOn, or report you ~ delinquent. W~ can con!inue t~ bi!1 you for the amo!.!nl y~u question, Including finance ch~rges, and we,can ap~!y, any unpaid amount against your credit line, You do not have to pay any questIoned amount whtle we are Invesllgallng, bul you are still obltgated to pay the ~ of your blllll1al are nolln quesllon. . If we find that we made a mistake on your bill, you will not have to,pay any finance ~hiuge related to. any questioned amount. If we dido:t make a mistake, you may h~v~ 10 pay finance .charges, and you will have to make up the missed payments ~n the. questioned a~ount. In e1th.er case, we wlll.s~nd you a statem~nt of the ~?unt you owe ,and the date that. It IS ~e. If you fall to pay the amou~t we think you owe, we may report you as ,dehnquent. However, If our explanallon does not sa~sTY you and you wnte to us WIthin 10 days telling us that you stili refuse to pay, we must tell , anyone we report you to that you question your bill. And, we m1JSt tell you the name of a~e we reported you. to. We .mustteJl anyone we report you to thatlhe matter has b.een sellled between us when it finally is. If we don't follow these rules, we can't collect the first $50 of Ihe ques~oned amount. even If your bIll was correct. , Spedal Rule for Credit Card. Purchases. If yO" have a problem with lI1e qualil'j of Ihe properly or ~eN~es Ihat you pu~ased with our. credll card and you have tried in good faith 10 '.orrect the problem with the merchant, you may not have to pay the remalnlOg'amount due.on the goods or services. There are !'No lImitatIOns on thiS nght (a) you must haye. m~e the purchase!n your home state, or if not within ~our hom~ state, within 100.miles of your current malfing a~dlress; and (b) the purchase pnce must'have been more lhen $50. . These limItatIons do not apply If we own or operate the merchant, or If we mi!!illed you the advertisement for the property or setVrcss. . ~ I.., ~ ~ "- 'I, ~ Complete this short form and return it ;; the postage-paid envelope provided. 30-Second Response Certificate Yell, I want to accept your invitation for a customized VJSA~ Gold account! I have read the terms on the bad: of the brochure. r agree to be bound by the AcooWll Agreement (which will be mailed to me before my VISA card is issued) and 10 repay principal, interest, and inlerest thereon. eoa:ept tbs. r will have no obligation if I return the card(s) and checks unused and cancel my account after reviewinff.the Acooun. Agreemenl tl1152656 Kenneth J. BJ:'oomer 1..:l~t.lI\A.:nJOOgO ST 233 11. :Klll ....Q,&.- I. L ~ , Cbesapealte, 'fA l3316 4.236 N02,0(..''', vA jnl,IIII'IIIII",I,IIII1I1II1II1I.IIIII.II111l1l1mllllJ./.1 .;I3S 1/-'.0>' 2735Nl rC322 GX128 UOBr QJJR NBHB SHOD ACAB 121 .. .., .n.,. 735-10694-6963-3 This invitation expires: Kay 13, 1996 x \Y\~..._- Stgnature (Non-Transferable) :2 ;;l. 5- fJ 4 Social Set:urity Number (p 8' r) or ( 8q4) 440 ~1/l8" ___ Horne Phone (_ 1 Work/Second. Phone $ .fO /)00 AnnualHouSehoh:! Income No Annual Fee . $20,000 Credit Line . Lowest Roles Starting ot 0% . GUARANTIED SAYINGS IfT~~ R. Thomas Mazur SenJor VICe President Credit Protedion Plan (Optional) YES, J would like to help !"olect my VISA Gold account and credit rating with the optional Credit Protl!ction Plan described on the enclosed flyer, YES (InitIAl hen '0 <moll} 735-10694-6963-3 A eXHIBIT Reference Number: 225049680 Box Year Batch SSN Account # : 3372 : 96 :14 , 225049680 . :4428002573520139 LLWRIGH f(J. ~ ;", I~ ~ !11 ill I" I ~I: " 11.'. ., .~ ~ I'.' I . Iii ~ I !~ Ii, 'i'l " " ~ ~ Iii 1 l I I I I U\'116 -~1;"-[-,f!,;>!'W~:'~,U,,,j,~i,';'*!l.%a,r"l<!iiijj";'i_''0.,",;,,~,,~~~iJ,j,;~~g,..J~ii;f.;,ii,&'i.~N!!ik,,j~l,j',""",tl>-4llllil'~'.cl'it1:<Kl<~~~_iiillil!lili!~~~,~IltOf~~..t'.~,' " ~-" ~"""L","-,......~~ 0 C:'1 () c:: f ..eq << ., - -..' () -.---. ~,-t P L,__,', - ,~ ~ rn; ',; -:--::1 ~ ;,::::' 8B if:. ~ ~ :-z cr_~ r...:- I ...... CJ ;:0, {:~~ C\ ~ 8 fr} ~:::: < ~~:~ .',- I/J () >---(; ~ I w -;_-c.'r-rl 10 \ ~~j ~ ~ Z ::::) "-~: ~ _-4 ,';,} -< ,,.) -< )J i- ~ 'f- --...!.., 1J? :'''_e.""",,, ~~~ ,~,~<-'~'~ ~, ,-, ".,~ .c" ~" IX ',"'__-"N "'---'~~ ~- "I. 'W-~"~~\i': to f. 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: P4 ANTRIM DR MECHANICSBURG, PA 17050-2933 4428002573520139 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VB KENNETH J BROOMER Defendant NO.01-1233 PRAECIPE 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: MOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS $l3,319.92 $2,264.00 $880.21 ($0.00) ($274.50) $16,189.63 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 cgpy of the notice pursuant to Pennsylvania Rule of Civil Proce e No. 237.1 is attached hereto and marked E ibit "A". TOTAL VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, I'L...n:.\ \. ::J.1" ;},(::61 , Judgment' is entered in favor of t~aintiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. ~~. ~~.>- ~,.~, . " " ' - ~~'"~~~'''''''''l-i-<''''.m,~,~';,l'1 .. 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. "~-~"",=~" w_,_ 1__< , , ..,. ':'~ ,..I,,, at' --, ''-~:t~, ': f V ALERlE ROSENBLU1H PARK -ATTOWY!.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: P4 ANTRIM DR MECHANICSBURG, PA 17050-2933 PROVIDIAN NATIONAL BANK Plaintiff VS KENNE1H J BROOMER Defendant NO. 01-1233 NOTOCEOFPRAECWEFOR ENTRY OF DEFAULT JUDGMENT TO: KENNE1H J BROOMER P4 ANTRIM DR MECHANICSBURG, PA 17050-2933 DATE OF NOTICE: 4/2/01 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 THE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WTIHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER 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 THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR CARLISLE, PA 17013 (717) 240-6200 PARKLAWASS~.' .' BY: ~ VALE OSENBLUTH PARK, ESQ. cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.. EXHIBIT _A - ~ ".. - ~ ,- .f'>'l'.iililli'fi0w: .' 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: P4 ANTRIM DR MECHANICSBURG, PA 17050-2933 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS KENNETH J BROOMER Defendant NO. 01-1233 VERIFICATION Of 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 KENNETH J BROOMER, Defendant is over 21 years of age; that his/her place of residence/business is located at P4 ANTRIM DR MECHANICSBURG, PA 17050-2933 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. :::.:,7.:21::.'::--/ Attorney for Plaintiff ElO '0'"'__ ,~ ,~ l,,," """~ill ,", .1'ift:L~$.j . 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: P4 ANTRIM DR MECHANICSBURG, PA 17050-2933 CUMBERLAND COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS KENNETH J BROOMER Defendant NO. 01-1233 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: [X] Judgment by Default [ ] Money Judgment [ ] Judgment in Replevin [ ] Judgment in Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings [ ] Judgment on District Justice Transcripts [ ] Judgment on Judgment Note [ ] Judgment on Writ of Revival [ ] Praecipe to Reassess Damages IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number: (215) 348-5200. PURSUANT TO THE REQUIRED THAT WE STATE TO COLLECT A DEBT. ANY PURPOSE. PR~~~~Y:K ~ FAIR DEBT COLLECTION P~S ACT, IT IS THE FOLLOWING TO YOU. THIS IS AN ATTEMPT INFORMATION OBTAINED WILL BE USED FOR THAT ~~!!iiiiil<l_~!-iJ!j;li!I'it~j,!i10~~~f#",~,fri~lr'~.&ii!i;\~'i>U.","I~~Milll<viil. . ~f _'7 -",,! .",,-,., ,~_, .""., "","""~~,' __,~, ,~"',~"",,",h-',l'""''''' ,'~'~",,,,,,,~ ,~-'.' .. '",,',,>1. '."'1" ,~,", __ '__,",0'." _! ~'v:7., lWll:.!liJJmi~IliaIM!;~lIiilIilWIilIilD_l_ ' '~ ,,~,'" ~ . , ,~' . n <::> 0 t ~ -tq, C il 1l ;() s: :l> --..~ ~w, -" ~':D 8 ~~ ::0 , r-"', N ""01., W :-"'9 1-;'; J. r ::: ~O :::;;tC) ~ ~ ~O -0 "C., :J,: lJ:D zO () 5>g ':? OfTl ~~ ~ ?5 ~ ~ 0'\ -< r----- . ~ .",,,,.-, . ,~.., " ~Y' , _'_~'" ,~ ,~~ ~~- , , " ~~_""'1'_T'."il""_tt'ci SHERIFF'S RETURN - REGULAR CASE NO: 2001-01233 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS BROOMER KENNETH J KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BROOMER KENNEtH J the DEFENDANT , at 0015:00 HOURS, on the 12th day of March , 2001 at U S NAVEL BASE MAIN GATE MECHANICSBURG, PA 17055 by handing to KENNETH J. BROOMER 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 An~,ers: /~ ~ ~-~~~ R. Thomas Kline 03/13/2001 PARK LAW ASSOCIATES Sworn and Subscribed to before By: me this ;) 7'~:; day of ~ ::~, ." A.D. ~.~~ othonotary '1','1 VALERIE ROSENBLUTH ANGST, ESQ. ATTORNEY ID#72094 ANGST & ANGST, P.C. 37 SOUTH CLINTON STREET P. O. BOX 1779 DOYLESTOWN, PA 18901 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS KENNETH J BROOMER Defendant NO. 01-1233 PRAECIPE TO MARK JUDGMENT SATISFIED, SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mark the above captioned matter satisfied upon payment of your costs. ANGST & ANGST, P.C. BY: VALER ./" ANGST, ESQ. ~UliIlillill\lli~I'il~'ii~~~iM~!l"",,iL~,;i;\1.~ii!a~1Wi.lllli- \1 j ",-''''.c,r L~ j2j?{/ .," <~>,<,-~=.. ,=, =~-~~~ ",~-""""'~~-,,,,,,',- ~_.~ -, -_lIo_'1l ~ =, -,'_. ~-~-- "') ~~ 3c:~{i ',.:'::.1--: ~0),:~: gt> )- r Si ~~~ ?:; :2 "', = <'-'" a' ...., l"'"l CD I N o ...,., ~::n "'fT" -0,-.:] :Q".. 2o;? ~E~ ,,:.....),m ::::,1 .",. :=.0 -< -" :3: Co:? o