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HomeMy WebLinkAbout01-1744 FX I' ,I . " i.,.'",i'c_ l., ~t, 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. PAUL T KOHR NOTICE: NO.O! - /14'1 Cl~;l ~ Defendant You have been sued in Court. If you wish to defend against the cl~ims 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 BS USED FOR THAT PURPOSE. , ',,,- I '" . -',' d-. ,';' ~I '-wi 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#:4428003001184506 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS PAUL T KOHR 755 STATE ST # 2 LEMOYNE, PA 17043-1537 DEFENDANT NO. 0/. 11'1'1 Ct;;J -r~ 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, PAUL T KOHR, has a mailing address at 755 STATE ST # 2, LEMOYNE, PA 17043-1537, 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 4428003001184506. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. --,'-- II " " ~_ I - "--_~ l ,J: _ r."_ ~ --;. 4. The Defendant requested an account, account number 4428003001184506, 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 $4,789.52 as of 01/06/2001, plus pre-judgment contractual interest at the rate of 21.99% 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 $814.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $4,789.52, plus pre-judgment interest at the contractual rate of 21.99% per annum from 01/06/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $814.00, 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. , ".' ""q " I :t, 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 $4,789.52, plus pre-judgment interest at the contractual rate of 21.99% per annum from 01/06/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $814.00, 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. - ;~ ~-- ... '~ Ii L- _~ _J - - I ,~-", _ ,,' , 1-,. ""...);,,: ,'. , '. VERIFICATION I, 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, ornia. Date Designated Agent ..."" -~ "" - ~ , .' I. _,."io""",..t.'J " "j- ~PROVIDIAN Financial ~~~~~~~~~~~~~~~~~~~ EXHIBIT ^ Providian National Bank VISA<< or MasterCard<< Account Agreement for Paul T Kohr December 1, 2000 PBleakseVrelSvAiew this document and keep. it with your other important papers. This Account Agreement contains the terms which govem your Providian National an . .or MasterCard Account (the "Account'). The Account allows you to make purchases by using your VISA or MasterCard card (the "Card') whh.erekver It IS honored and to get cash advanCe. .s. from us or any other participating finanCial institution and from Automated Teller Machines. Convenience c ec s may also be proVided to yoU as an additional way to use the Account. In thiS Aareement "you" and ''vour' mean each person for whom we have opened a credit card Account. "We," "our," 'ours" and "us' .mean providian National Banli or i~ assignees, as "sted on your billing statement. The Accounl may Q.e used only for personal, famllYllJousehola, and chantable purposes, and not for any bUSiness or commercial purpose. Any use of this Account shal constitute accepfance of the terms Of hiS Agreement. You and we agree as follows: Payabm. e.l.nts. You will re. ceive a monthly s. tatement showing your outstanding balance. PayJ1)ent on this Account is. ~ired in U.S dollars (.'checks must be p,1Vl e at a l!.S. offipe of th.e bank the check :is draWIlOn). for at least the payment due as shown on your statement by the payment due dale in accordance withd p.t'!)'1!l. ent Instructi.ons. on your monthly s.tatement. rhe back of your statements shows the rules we follow when we ppat payments. COriY.enlence checks an .0."", checks we Issue to you ml!Y not be useato make payments on your Account or to make paYJT1ents on any lither account you have with us or OUT affihallls. The pawlent due win be: 2% of the.mew balance shown on your statement plus the amount of any past due paY/1llll1t, am;! may inciud~ theamo~nt by which the new balance exceeds your credit hne. However, the p;lyment due Will not be less than $15 (unless your new balance IS less.than~15 in which case. the payment due will be the amount Of'. the new balance). If your Account is past due or above lhe creait line, we may require a highe. r 'minimum paYment but we will notify yoU before doing so. If your paymenl is more than the payment due it will be lreated as a single payment and none of it will be apph.edh to future payments aue. We may accept late or pattial payments, or payments marked 'paid in ful ' or marked wilfl other restrictions, without losing our'ng t to collect all amounts oWing unaer thiS Agreement. Flnan~e l;harges.. Except as described in 1t1e Grace PeriOd for. Purchase Balance section of this Agreement. finance charges begin to accrue on a debit whe. n It IS Incluced In one. of.your dally balance. s amj c9nti.nue unijj that balance IS reduced by a payment or Creqlt. Your Account has the following balances: The Purchase Balance which consists of your eXisting Purchase Balance and new purchases you make With your Card and fees for ceitlim optional se.lV1c.. es; one or more Gustom Cash Advance Balances, which consists of balances that you transl.er to your AcCount using balance. tra.. ns. .. fer. checks and : bal~nces that we transfer lor yoU; ana me Mash /lovance Balance which consists of all other cash advances and cash aavance transaction lees. My I13YI1lent amount We. receive that exceeds .e n.nance cnarges arKl fees then due will ordinarily be applied fi!llt to the Balance with the lowest Annual PBeercercel . ntag~ .Rate (APR1, until that Balance is zero, and then ro the Balance with the next lowest APR. until that Balance is zero, and then to any remaining a anbe. -We reserve the right to apply payments aifferently without further notice. . The P~se, Custom Gash Advance, and Cjlsh Advance Balances are reduced by Pllyments as of the dale received, and by credits as of the date posted. Purchases are included In your Purchase Balance as of the date made. Custom casH advances are included in your Custom Cash Advance Balance as folloWs: funds electronical[y transmitted to dther lenders to transfer belances, as of the date transmitted; checKS to transfer balances, ~s of the date p'resented to us. Other cas~ advances are in~luded in your Cash Advance B~lance as follows: cash advances from other financial institutioris and through Mutomated Tellers, as of the date made; ca$h advance cheeks made payable to you that are identified as ceshie~s checks and mailed to you at your ~ue.s. t, .as of seven days after the date we print on the checls_all other checks, as of the da. te presented to us. o.ther debits are included in your Pu. rchase, Custom Cash Advance or Cash Advance Balance as of the ""te posted. Rnance char@s are added. to your Purchase, Custom Cash Advance, and Cash Advance Baiances eacn day and are then pdsted on the last day 01 the billing cycle. There is no grace period for custom cash advances or other cash advances. To figure the daily finance charge for each lYRe of Balance, we start with your previous day's Balan~ add all debits and subtract all credits for the current day and multiply the net amount by the ~ppllcable daily penodic rate (see following parag[!lphs).. The Ilnance charae for each type of B~I~nce Is then added to and inclUded in thai day's Balance. We treat a credit balance for any day as zero. We determine the total Mance charges.onbalanoesfor the billing !lYcle by adding togetHertlie finance charges fbr each type of Balance for each. day within the billing cycle. In calculating finance charga$, an adiustment will be made for any transaction or payment that 'iiould have affected the finance charge calculation in a prior billing cycle ~ad it !;leen pC},sted Inthal <;ycle. The applicaqle daily periodic rate for such a transaction will be the rate In affect for the current billing cycle rather than the rate In effect on the date of the lr'ansaction. Your statement includes an average daily ball/nce for each tvoe of Balance. You can multiply each average daily balance that Is not zero by the number of days in the billing gycle and the periodic rate t~ obtain subtotals,,- and then add the subtotals together to defermine your total finance charges on balances for the billing cycle. If a cash advance transaction fee is charged, mat amount is also a finance c~arge. The term 'Prime Rate" as used in the Agreem~nt means the highest prime rate published in the Wall Slreef Joumal on the first business day of the previous palendar month. Any.'increase or decrease i~ 'he Annual Percentage Rate will take effect on the first day of your billing cycle and may result in a slight Increa.se or decrease In the amount of your mlimmum payment. The ANNUAL PERCENTA~e RATE (APR) f\lr purchases is 5.99%, corresponding to a daily periodic rate of 0.01641%. You ca. n arrange to ha. Ve a variableAPR (not~elow 5.99%. ) for custom cash advances that is lower than. the weighted averag. e of. the n.on-intro. d. u. cto!y APR you have been .payin.ll. on the total balances 'I l! have transferred from other credit card I retail, and installment accounts proVided your other accounts were ~ in DecemDer 2000. In calculating this AI R we will take into account the APRs on he credit account balances you have transferred from 9ther lenders. This APR is available only if you provide proofl in the form. of copies of your most recent billil1!l statements, ShOWl. 'nmur other no.n-introducto. .... mAPRS. Your new APR will be variable, based on Prime Rale and will take ellect in the billing cycle follOWing our [eview of your.. . of bU1JJQ.t eartill!:thllD.l end of your courtesy penod. If we do not receive such proof your APR for custom cash adVances Will be as follows: The AN AI. PERCENTAGERA. for cuslom cash advances is 21.99%, corresponding to a idalry periodic rate of 0.06025%. The ANNUAL PERCENTAGe RATE for cash advances is 21.99%, correeponding to a daily periodic rate of 0.06025%. If we receive your Account payment late 2 or more times in any 6-month .eeriod, on each .SUCh oC9Y.rrence. we may increase the APR fo~urchctv:ases up to a maximum of 23.30% (corres~on!:llng to a dailY periodic rate of 0.06384ll.\ and increase the APR for cash adVances and custom cas allnces up to maximum of 23.30% (corresQondlng to a daily periodic rate of 0.06384%). II after you receive the higher rates your payments are recei. on time.lal nd you meet all other terms of this "Agreement for 3 consecutive months, you may contact our Customer service department and, at your request, we WI review your Account for a possible APR reduction. Grace Period for Purchase Salance. New purchases posted to your Account in billing cycles with no Rrevious balanceil or when the previous balance was fully paid during the cycle do not begin to incUr a finance charge until the start of the nexfbilling cyole. You will pay no Inance charge on s~qh new . purchases if you pay the' lotal new balance in lull by the payment due date shown on your statement. New purchases posted in any other billing cycle Incur a finance charge, and there is no period in which such purchases may be repaid without incurring a finance charge. Fees. We may charge your Account $0 for. ~ach Card you ask us to ~Iace; each retumed payment; each check you write on your Account that.w.e retum unpaid; each slop payment order or renewal of such an order, each billing cycle within which your Account is delinquent (late chilrge); and each billing cycle t. .... , '" (Continued on reverse) (5846-0698) 4428003001184506 0184 226 Z56l ." ~~" " . , "I c< 1'>0' ',< ~ -ttJd~L with tint which your balance exceeds your credit line (ove~imit fee), ev~n if your Account is closed. If you request copies of billing statements that were fi~t sen 0 you more than three monlJ:ls ea~ler, we may charge a Handhng fee of $2 for each such copy. If you request that we make a one-time automatic pawntenl\Ifrom.xour Prderso\ nai cwhhece\hklng ~~dount, we mav c~arge your crealt card account a fee of $4.95 for each request. This fee is a FINANCE CHARGE, anu I WI app'l rega . ess of er lUll s are available In your personal checking accounllo make the payment. fiwe maY phame. a transaction fee Qf 3% (minimum $5), which is a one-time FINANCE CHARGE on the amount of each cash advance including cash from Inanclallnstlfutlons, and A TMs, wire transfers, money orders, lottery tickets, casino gaming chiPs, and similar transactions. ' Default. You will be in default: if any information you provided us proves to be incomplete or untrue; if you do not comply with any part of this Agreement. fUP.9thntyoutr death, bankruptcy, or Inrfsorvency; ~J.9I' u co not pay other aebts when due; if a bankruptcy petition is filed by. or against you; or if w. e believe in gooo al . :ha. you may not pay or pe onn your"" Iga.tions 4ncfer this Agreement. If you are in default we may, without furtlier demand or notice, cancel your Credit pn.Vlleges, declare your Account balance Immediately due and payabie and use any remegy we may have. In the event of your default the ohutstafnlddlng 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 I e SUit to collect the amount you owe. ' Cre~labit ILlne'dYour credit line is specified from time to time.in a separate. notice. .Your monthly statements show your credit line and the amount of ypur aval e cre It. We may Increase or decrease your credit hne based on Infonnation we obtained from you or your credit records. Your available crealt is nl onnally the difference between your credit line and your Account balance lincluding transactions made or authorized but not yet posted) If you send us a Yarge Pial yment check, we may limit your available credit while we confirm !hat the check will clear. For certain transactions, available ci-edif may be less ou WI not use your Account for, and we may refuse to honor, any transaction whiCh would cause you to exceed your available credit. . Promise to Pay. You P1:Omise to pay us when due all amounts borrowed when you or someone eise use your Account (even iflhe amount charged exceeds your permission), all other transactions and Charges to your Account, and collection costs we incur including, but not limited to reasonable attorney's fees and court costs. (If you win the suit, we WIll pay your reasonable attorney's fees and court costs.)' , Changes. Af\er we provide you any notice required by. law, we may change any Rart of this.Agreement and agel or remove requirements, If a change is ofmathde 10 the Finance Charges section of thiS Agreement, the new fin.ance cHarge calculallon Will apply to your entire Account balance fro.m the effective aate .e change. Chanlles WIll apply to balances that include items posted tOYOUT Account before ,the date of the change, and will appiy whether or not you continue to use the A:ccount. . FuOsrelgnllExchange/currency Cohnverslon. If you use your Card for transactions in a curren~ other than U.S. dollarsbthe transactions w. IILbe conv. ert.ed. to . . . ao ars, generally using, elt er a Ii) aovemment-mandated rate or (Ii) wholesale marke rate in effect the day afore the transaction is processed, Increased by lf1ree percent l,j%). If a credit is subsequently given for a transaction, it will be ecreased by the same parcentalle. The currency conversion rate used on the conversion dale may differ from the rate in effect on the date you used your Card. You agree to accept tne converted amount in U.S. dollars. . The cardl' Cancellation. You may cancel your credit privileges at any time by notifying us in writing and destroying the Card(s). Upon the Card tlXPiration at the end o the month shown on It, we reselVe the riglit not to renew the Carel. We may cancel the Card and your credit privlleglls at any time after 30 days notice to YOy\ or without notice if pennltted by law. 1f your Card is cancelled or not rehewed, finance charges and other fees WIll continue to be assessee, . payments wil continue to be due, and all other applicable provisions of this Agreement win I1lmain in effect. If you terminate your credit privileges, or if we cancel or do not renew the Card, you may no longer write checks on your Account, and you should destroy any unused checks we have ISSUed10 you. Personal Information; Documents. You wiil provide us at least 10 qays notice If you change your name, home or mailing address, telephone numbers, emplQYment or income. Upon our request, you will provide us additional financia informanon. We reselVe the~'ght to obtain informanon from others, incl~dfng credit reporting agencies ancto provide your aqdress and information about yoyr Account to 0 . ers. e ma also sh re information with our Wfith Ihates. However, you may write 10 us at any time mstructing us not to share credit i))forroation with our affirates. f you ~ not fulfi~ your obligations undar IS Agreement, a negative credit report that may renect on your credit may be submitted to the credit reporting agencies Customer Service; UnauthC!rized Use, Loss or Theft of Checks or the Card. Each Card must be signed on receipt. You are rewonsible for safeguarding the Card, your personalldentificalion Number I'PIN', which provides access to Automated Teller Machines) and any checks issued to you from theft, and keeping your PI N sepal3te from your Card. I you discover or SU!lP8ct that ypur Ca.rd PI N or a!1Y unused checks areiost or stolen or lhat there may be an unaulf10rized transaction on your Account, you will promptly notifY us by caning 1-600-933-7221. So we can immediately act to limlllosses and liabllilyltYoU wiil phone us even though you may also notilv us In writing..You will not be hable for unauthorized use occurring before. you nolify us of a loss or the If you report or we suspect unauthonzed use of your Account, we may suspend your credit privileges until we resolve the problem .to our satisfaction or issue you a new Card. If your Card is lost or stolen, you wiil prompfiy destroy all checks in your possession. To improve cUstomer selvice and security, you agree that your calls may be monitored or recorded Merchant Relations. We wiil not.be liable If any person, or Automated T eiler Machine refuses to honor the Card or accept your checks,,or falls to return the Card to you. We have no responslbilitv for goollsand seiVjces purchased with the Card or checkS except as ~uired by law. (See "pecial Rule below.) Certain oenefits that are availilllle with the Account are proVided by third-party vendors. We are not responsible for the quality, availabihty, or results of any of the services you choose to use. ' . Stop Payment Orders. II you wish to stop payment on a check, you may send us a stqp JlllY!l1ent order bv writin~ to us at our address for customer selvice listed on yourstatement. You can make aJtop. p.ayment order orally by calling the numlier listed on Y\lur slateme t. When yOU make a. slOP.. payment order I you must provide your Account number an specifiC infonnation about ihe check: the exact amount, the date on e check, the name olth.e Pl!flY to whom i was payable, the name of the person who signed it, and the check number. You will be asked to confirm an oral stop payment order In writing. We may disregard your oral order if we do not receive a signed written confirmation within two weeks after the oraborder, or II we have not received an ~uate descnption of the item so that payment can be stopped. The order will not be effective if the check was ~d y us before we. .had a reasonable opportUnity to act on the order. We may, without liability, disregard a written stop payment order six months after receipt 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 p.y us,. and becaUSE! not every check ~nd Card sliR wiil be sent to. us, transactiqns In YOyr Account will "be processe;d mechanically without our necessanly reVieWIng everY Item. Our processing system Will call our attention to certain ItemS which we will examine, We will exa. mine all transactions when you report that your Card or checks have been lost or stolen. We .dO not Intend ordinarily tq examine allltem.s, and we will not be negligent if we do not do so. Tnls rule establishes the standard of ordlnaIY care which we in good faith will exercise in administering yOur Account. Because of our limited review, and because neither your cancelled checks nor Gard transaction sliPS will be returned to you with the monthlyslatement, you should be careful to enter all checks in your check register or otherwise keep a record of them. You sl:iould also save YQur credit card c~sh advance and purchase slips. You agree to check your monthly statements against your record and to notify us Immediately of any unauthorized transactions or errors. Waiver of Certain Rights We may dalay or waive enforcement of any provision of this Agreement without losing our right to enforce It .or any other provision lat~r. Yau waive: the ~ghl to presentment, de.manql protest, or notice of dishonor. any applicable statute of IImiliitions; and any nght you may have to require us to proceed against anyone bafore we file SUI against you. Applicable LaWt' Severability; Assignment. No mattE!f where you live, this Agreement and your Accobunt are ll.Qvemd edb bY.dfederaloflaw anldl by Newl Hampshire law his I\Q.reement is a final el\P.resslon of the agreement between you and us and may not e contraulcte y eVI ence any a egild ora agreement If any proviSion of this Agreement is held to be invalid or unenforceable, you and we will co[1l;ider that provision moclified to conformed to applicable law, and ttie resi Of the provisions In the Agreement will still be enforceable. At any time after we deterroine in good faith.that any propos or Elnacted legislation, reguiatory action. or judicial decision has rendered or may render any malerial provisions of thiS Agreement Invahd or unenforCeable, or Impose - J ~. '0 _c .,__1 .k ., -j,'.' '-".0-M' ',,-' 1,,- .,,1 'I'! ;/"< 'q~ ~PROVIDIAN Finpncial ~~~~~~~~~~~~~~~~~~~ any increased tax .rep.orting requirement, or other burden in connection with any such provision or its enforcement, we may, after at least 30 days notice to you, or without nolice If permitted by I~w, cancel the Card and your Credit privileges. We may transfer or ~ssign our right t9 all or spme of your payments. If slilte law requires 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. No!ic~. Other notices. to you shall be effective w~en dep.osited In the mail add~ssed to you at the address shpwn on our records unless a longer notice penod IS speCified Inththls Aoreement or by law, whIch penod shall start upon mailing. Nonce to us shall be mailed to our address lor customer service on your statement (or 0 er adClresses 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. Notiflt Us in Case of Errors or Q~tions About YOllr Bill. If you think ~our bill is wrong or if you need more information about an.v transaction on your bill, write us on a separate sheet, at the address listed m the Billing Rights Summary on your biil. Write to us as soon as possible. We must hear from you no tater than 60 days after we sent you the tirst 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 p'ay 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 scheiiuled to occur. Your Rights and e~r Resp,onsibilities After We Receive Your Written Notice. We must acknowle<jge your letter within 30 days, unless we have correclea the error ~y 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 amounl vou question, inCluding finance challllls, and we can apP'ly any unpjlid amount against Your credit iine. You do not have to pay any questioned amount whfle we are investigating, but you are sull 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 up'the 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 Y9ufail to P.3Y the amount we think you owe, we may reP..ort you as delinquent. H. owever, if our e!'<planation does not satisfy YOU and you write to us within 10 days tening us that you still refuse to pay, we must tell anYQne we report you to that you question your bill. And, we must tell you the name of anyone we reported yoU to. We must tell anyone we report you to that the matter has been settled Detween us when it finally is. If we oon't follow these rules, we can't collect the first $50 of the questioned amount, even ff your bill was correct. Special Rule for Credit Card Purchases. tt you have a problem with the qualilY of the pf9P.erty or services that you purchased with our credit card and you have tried in good faith to correct the problem with the merchant, you may not ~ave to pay the remaining amount due on the goods or services. There are two limitations on this ri.9ht: (a) you must have made the purchase in your home state, or if not within your home state, wilflin 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 mailea you the adVertisemenl for the properly or services. 2561 .""~ '" ." I 0.',' .. DETACH. '!iEIlB ....'. . ,-,..;", lJ '-.- .~ -- ..... -V~~~~]~~~~.:_.:...- Send my VISA Platinum card as soon as pO"ible.1 have read theAecount Information on the back o[th.I.l1:e,. 5.99'" Fixed Rate Paul T. Kobr 207 N Catherino St Middletown,PA 17057.1406 1...11111I11111111.1.111.111I11.1.,11I'11I11111111I111.1111.11 No Annual Fee D~TACH HaRE .A. Credit Lines up to $50,000 1 828N7 828-75245-0011-8 This invitation expires: December 20, 1999 --";:'SJ{~a.i~~~J~epf11}lDibllt}.t1l)pr ~::~,;['~-~~~ xYa/;r/K~ Signanmo (Non~Tmas&mbl'1!:) L~L-JLL-L.;L1-L $4xw S<<:1Uity Number ( '11'1 ) q~-4Y/.5 Home PhQne' 5.!/I!t) f'. !f~ Dl.S'3 '1 WOrk/Second. Phone ~1Z.~ Aanual H<M1s 14lncome 828-75245-0011-8 ,.~ .~-"""'lIiiI.JIlIlI!!Il'7'"J~~~'.~-'.':"~.."."'''.' '.~ ;i..r-=--~-=- . 1Iii'iiiib"1R..~:....::....~..."...~...l~r'''''~ ..., :: ~~22 Lj L{'d8 : 36 :198448371 vt>?:F)' Cas < '-/5cfp Reference Number: 198448371 Box Year Batch SSN A ~fV'\1 I nt ft I I WRIr.H _I.. o.."'''?j YIQOO I ! I ! I . I I I I I p~;t i~~~If!Li:J!;I!~_'~:Jgi!/i&!I!l$i;!ill~itiii>~gg"~%l@..:i\;Wt"",,"3'"';""!V:',",s<-;";!,!k"",,,r;t_')A~!\IiM!iJliBJ B~' l i ~ ~'tI._OH;il:a~( iI ~,~,~~ ''''l-fil\fllfjj''~<~ - ~ - llil-'~' ,0 ~r- 1<- r IJ ~ 64- "'9. 0 C> ~ C ~,:,.. (t. 6 ., ~~ :''"~ ~ (iJ ~~~ J-.'-"' :'-.) ........ 8 .L- .~-_ :-" 0- ~ 8 G ~~:: 0' (),-'-, B !<:() " ,"__f .-a D ;r'_'" ..,~-:-, ~ )>('..... ~e j:~~ , Z~J --C) ~ l? Pc '2 ~_.J -....c -? ...~ ...- .,... '> -~ :0 -< l::l -< J JIJ .-. , _~, ._,." ~" ~,,",,, _ '"__. , .'c .. "" ~" . ,;f" "'I .L - "- 'cL SHERIFF'S RETURN - REGULAR CASE NO: 2001-01744 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS KOHR PAUL T CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KOHR PAUL T the DEFENDANT at 1036:00 HOURS, on the 18th day of April 2001 at 755 STATE ST # 2 LEMOYNE, PA 17043 by handing to PAUL T KOHR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.92 .00 10.00 .00 37.92 So Answers: r~~~ R. Thomas Kline 04/19/2001 PARK LAW ASSOCIATES Sworn and Subscribed to before By: me this .l'l't:. day of ()",..'p ~I A.D. oC~ - a.. ~.~ P othonotary ."'~ - ~. ~~ ~ I i " ,i _ I 1- " L ._..,) " , 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 DgF: 755 STATE ST # 2 LEMOYNE, PA 17043-1537 4428003001184506 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS PAUL T KOHR Defendant NO.01-1744 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: TOTAL $4,789.52 $814.00 $389.55 ($0.00) ($0.00) $5,993.07 PLUS ADDITIONAL COSTS AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil edure No. 237.1 is attached hereto and marked Exhibit" VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, fY/ rl ~ ~<C) ,;;200 I , Judgment is entered in favor of the Plai tiff 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.,,,,,,,,,L-~,,, a,do, #.~ PROTHONOTAR 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 . I ~ ~ ~ i ~ .1 i,..L~ 'Ji1.! . VALERIE ROSENBLUTH PARK I HEREBY CERTIFY TIIAT THE ATTORNEY J.D. # 72094 TRUE AND CORRECT ADDRESS IS: , PARK LAW ASSOCIATES, P.C. PLAINTIFF: 295 MAIN STREET 25 EAST STATE STREET, P.O. BOX 1779 TILTON, NH 03276 DOYLESTOWN, PA 18901 DEF: 755 STATE ST#2 (215) 348-5200 LEMOYNE, PA 17043-1537 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVID1AN NATIONAL BANK Plaintiff VS PAUL TKOHR Defendant NO. 01-1744 NOTOCE OFPRAECWE FOR ENTRY OF DEFAULT JUDGMENT TO: PAUL T KOHR 755 STATE.ST#2 LEMOYNE, PA 17043-1537 DATE OF NOTICE: 5/9/01 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRFD OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 PARK LAW ASSOCIATES,P.C. BY: VALERIE ROSENBLUTH PARK, ESQ. cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT M ,~--~ - J,,,,,._a~ ~....~ ~- ."~~;::: . 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: 755 STATE ST # 2 LEMOYNE, PA 17043-1537 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS . PAUL T KOHR NO. 01-1744 Defendant VERIFICATIbN 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 PAUL T KOHR, Defendant is over 21 years of age; that his/her place of residence/business is located at 755 STATE ST # 2 LEMOYNE, PA 17043-1537 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 nd Sailors civil Relief Act of Congress of 1940 and its am ments. PARK LAW ASSOCIATE, P.C. BY: alerie Rosenbluth Park Attorney for Plaintiff E10 -_=.. ~. ~-" ~ ........ ~ ~ .. 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: 755 STATE ST # 2 LEMOYNE, PA 17043-1537 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS PAUL T KOHR NO. 01-1744 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 Not.e [ ] 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 P TICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. , "-' ~ ~" -,J~H . ,,~~ .-, ~ ",-' f;~iIiWl~~~~_,Ili>l<i~,;W~~~'i,"ii,[0j;""~'''''''-''''''''',~:.;,,,".,'k-clli,~%i~j,,~'d"in ~ U,~,Lll~."_." _ ~~,.__".",_ ".~c ~_ ~, _~~~ _._i......~""<<~, ~' "lilllIIiliiIt"'" t -ra ~ .tq. ...0 if:- . 0 c~, 8 c -,;?~ , ~ t J ' - n",.'. F ~ ff~-- ._, ""- r (h.,- ..... '- c.::.' j J,.) "- E;(~ '.' '"'- - ~;:C' c; "l) J :i~~: v i'-.) ~ :;:--~ ~ , -< c) .<. .......~'" ~ -, . ~