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HomeMy WebLinkAbout01-1771 FX I~ __ J ~ , ~i , VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box l779 Doylestown, PA l890l (2l5) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROVIDIAN NATIONAL BANK Plaintiff VS. JAY A REDCAY LINDA D REDCAY Defendant NO. 01- J1'7{ Ciu~l T~ 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 l70l3 (717) 249-3l66 (800)990-9l08 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IE;). ..'~..- ~..~"~ ~'j _, I, , ,"i,,_' "-~~ , . VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX l779 DOYLESTOWN, PA l890l (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:54378l550l34l807 CUMBERLAND COUNTY. COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS JAY A REDCAY 2260 RITNER HIGHWAY CARLISLE, PA l70l3 LINDA D REDCAY 2260 RITNER HIGHWAY CARLISLE, PA l70l3 DEFENDANT NO. 0/. /'11( C;;J-r~ CIVIL ACTION l. The Plaintiff, PROVIDIAN NATIONAL BANK, is a national banking association organized and existing under and by virtue of the laws of the United States of America. Plaintiff solicits and maintains consumer credit accounts in Pennsylvania and is the owner of this account, which is the subject matter of this action. 2. The Defendant, JAY A REDCAY, is an individual who resides at 2260 RITNER HIGHWAY, CARLISLE, PA l70l3, and LINDA D REDCAY, is an individual who resides at 2260 RITNER HIGHWAY, CARLISLE, PA l7013. "'-- . ~ ~I _'_, " l;H, ... 3. The Defendants are indebted to Plaintiff on the credit account by virtue of charges or cash advances incurred by the Defendants or authorized by the Defendants on a credit card or line of credit owned by the Plaintiff bearing account number 54378l550l34l807. 4. The Defendant requested an account, account number 54378l550l34l807, 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 Defendants have failed to pay the amount owed in accordance with the Account Agreement and have failed to pay the outstanding debt as agreed. 6. The Defendants are indebted to the Plaintiff in the amount of $7,494.08 as of 12/29/2000, plus pre-judgment contractual interest at the rate of 23.30% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $l,273.00. WHEREFORE, Plaintiff demand~ that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendants in the amount of $7,494.08, plus pre-judgment interest at the contractual rate of 23.30% per annum from l2/29/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,273.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT I- ALTERNATIVE illiI""'" ~~ , I "- ",.. I, ~':\j , .. 8. Plaintiff hereby incorporates paragraphs l through 7 above as though set forth in full. 9. The Defendants received a monetary benefit, which was in fact appreciated by the Defendants. lO. The Defendants accepted the benefits. ll. By virtue of the circumstances surrounding the request for funds made, the Defendants knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. l2. It would be inequitable for this Court to allow the Defendants to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendants 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 Defendants in the amount of $7,494.08, plus pre-judgment interest at the contractual rate of 23.30% per annum from l2/29/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $l,273.00, 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. ...>~". " " I) , . VERIFICATION I, f-lEATHFR 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 l8 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, State of California. Date Designated Agent 1MIi_1...;-...........,~~i.ol.._ __".I~~.~~ ... - , ".1- ,-1,-- 'I I ~PROVIDIAN Financial ..~~~~~~~~~~~~~~~~~ . .. EXHIBIT fr Providian National Bank VISA<< or MasterCard<< December 4, 2000 PBleakseVrelSvAiew thMiS docuCmrdentAand keJ It with your other important papers. This Account Agreement contains the terms which govem 'lour Previdien National an . .or aster a ccount the "Account"). The Account allows you to make purchases by using your VISA or "MasterCard card (the "Card") whherekver It IS Ihonbored andd tad get cas advances from us or any other participating finanCial Institution and from Automated T ellerMachines. Convenience c ec s may a.so e proVI e lq. you as an additional way to use the Account. In this Aareement, "you" and ''vour'' mean each perscj~ for whom we have opened a Crectlt card Account. 'We," "our," "ours" and "us" mean Providian National BanK or its assignees, as fisted on your billing statement. The Account may t!;lte tUSed only for persf ohnal, family, ho~sehola, and charitable purposes, and not for any business or commercial purpose. Any use of this Account shall cons I uthe ladccepytance 0 t e lerms of thiS Agreement. If the Account was opened as a joint account, we may act on the Instructions of either joint accoun 0 er. au and we agree as follows: payabmel ntst' yuosu wiffll.recefiveh abamoknthly statement showing your outstanding balance. Payment on this Account i.S r.equired In U.S..dollars. (.CC.Ih.eckS must be PaYI e a a .' . 0 1ge 0 ten the check is drawn on). for at least the payment due as shown on your statement by the payment due dale In accordance Wllhd Pltiaymenht InkstructlPns on your monthly statement. The back of your statements shows the rules we follow when we post payments. Convenience checks an .0 erc ec s we Issue to.you mlj\l not be used to make payments on your Account or to make pay)11ents on any other accounlyouhaveviith us or our abffiwhlla~sh' thThe paYlllb elnt due wm be: 2% of the new balance. sHown on your slatement plus the amount of any' past due payment, and. maYincl.Ude.. the amount y Ie e new a anc~ exceeds your credit line. However, the payment due will not be less than $15 (unless 'lour new balance is lesstlian $15, in which case the Pbayment dllue "!IIII be the amount of the new balance), If YOUf Account Is past due or above lhe creaitline, we may require a higher minimum . paYf11ent,. ul we WI notifl'y.ou before doing so. If your pawenl is more than the payment due it will be treated as a sioole payment and none olit will be appll!ldh to future payments cue. '{I!e may' ac~t late or paitial payments, or payments marked 'paid in full" or marked wllh other restJictlons, without losing our ng t to collect all amounts oWing un1!er thiS Agreement. If you have made special Payment arrangements with either First Union or Providian, you need to continue making the agreed upon payments. . Finan~~ <;harges. Except as de~ribed in the Grace Period for Purchase Balance section of this Agreement finilDce charges begin to accrue on a debit ; when It IS; Incluaed in one of Y9ur daily balances and continue until that balance is reduced by a payment or creait. Your Account has the follOWing balanCeS: T.hePurchase Balancec which consists of your existing .Purchase Balance and new purchases you make with your Card and. .fees fa. f c.ertam optional . services; .one or more . ustom Cash Advance Balances, which consists of balances lhat you transfer to your Account using balance transfer checks and . balances that we transfer. lor you; and me {;asn ADvance. Balance which consists of. all other. cash adv~nces and cash ailvance ![ansaction fees. Any l2ayment amount we receive that exceeds me.nnance cnarges ana lees then due will ordmanly be applied fil)lt to the Balanc~wlththelowest Annual Percentage Rate (APR1, until that 6alance is zero, and then to the Ba ance with the next lowest APR, until that Balance is zero, and then to any remaining . Balance. We reselVe the right to apply payments differently without further notice. . The Purchase, Custom Gash Advance, and Cash Advance Balances are reduced by payments as of th~ date re<;eived, and by credits as of the dete posted. Purchases are Included In your Purchase Belance as of the date made. Custom casli advances are Included In your Custom Cash .Advance Balance as follows: funds electronical~y transmitted to other lenders to transfer balances, as of the date transmitted; checKS to tra~sferbalances, as of the date p'resented to u~. Other cas~ advances are included in your Cash Advance Balance as follows: cash @.vances from other financial Instituti.ons and through Automated T ellem, as of the date made; cash advance checks made payable to you that are identified as cashje(sc\1ecks~nd mail~to you at your request, as of seven days after the date we print on the chec~ all other checks, as of the date presented to us. Other debits are Included In your Purchase, Custom Cash Advancehor Cash Advance Balance as of the aate posted. Finance chal'Q!ls are added to your Purchase, Custom Cash Advance, and Cash Advance Balances eac dey and are then posted on the last day of the billing cycle. ,here is no. grace period for custom cash advances or other cash advances. To figure the daily finance charge for each lYPe of Balance, we start with your previous day's BalancE!, add all debits and subtract all credits for the current clay and multiply the net amounI by the aRPllc. able daily pe. nodic rate (see foilowing paragraphS). The ,Inance charge. for each type of B. a. .I.ance is then adde. d to and included In that day's Balance. We treat a credit'baiance for any day as zero. We cteterminethelotal finance charges on balances for the billing cycle by adding together jlie finanCe charges for each type of Balance for each day within the .billing cycle. In .calcula.ting finance charges, ~n adjustment win be made for any liilnsactlon or payment lhat would heve affected the finance challle calculation In a pnor bllbngCVCle fiad it been )l9.stealn thalc;ycle. The applicaQle deily periodic rate for such a transaction will be the rate in effect for the current bil Ing cycle rather than the rate in effect on the date of the transaction. Your statement includes an average daily balance for each tvoe of Balance. You can multiply each average daily balance that is not zero by the number of days.in the billing cycle and the periodic rate to obtain subtotll1s, and then add the subtotals together to determine your total finance charges on balances for the billing cycle. The term "Prime Rate". as used In the Agreement means the highest prime rate.published in the Wall Street Journal on. tl)e first business day of the previ9us calendar month. Any Increase or decrease in the Annual Percentage Rate Will take effect on the first day of your billing cycle and may result In a slight increase or decrease in the amount of your minimum payment. The ANNUAL PERCENTAGE RATE (APRI for purchases may vary and will be adjusted each billing cycle to 9.9% above Prime Rete. Using this formula, the APR for purchases in the December 2000 billing cycle is 19.4%, corresponding!o a daily periodic rate of 0.05315%. The ANNUAL PERCENTAGI;: RATE for custom cqll!1 advances may vary and will ~e adjusted each biliinJl qypie to 9.9~'{' above Prime Rate, but will in nO event be less than 7.9%. USing this formula, the APR for custom cash advances In the December 200lTbIRlng cycle IS 19.4%, correspomjing to a dally periodic rate of 0.05315%. The ANNUAL PERCENTAGE RATE for cash advances is 21.9%, corresponding to a deily periodic rate of 0.06000%. If we receive 'lour Account payment late 2 or more times in any 6-month ~riod, on each such occurrence we m!lY increa. se the APR for purchases. up to a maximum of 21.90% (corresponding to a daily periodic rate of 0.06000 ~I and increase the APR for cash advances and custom qash advilnces up to maximum of 23.90% (corresponding to a deiiy periooic ~te of 0.06548%). I after you receive the hjgher rates your Payments are received on time. and you meet all other terms of this Agreement for 3 consecutive months, you may contact our Customer S"elVlce daparlri1enl and, at your reques~ we Will reVIew your Account for a possible APR reduction. Grace Period for Purchase Balance. New purchases posted to your Account in billing qyqles with no previous balancE!, or when the previous balance was fully paid during the cycle do not begin to incur a finance charge until the start of the next billing cyale. You Will pay nOllnance.charge on s~qh new . purchases if you pay !tie lotal new balance ini full py the payment due date shown on YOUr statement. New purc~ases 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: each Card ~ ask us to. replace; eaqh retul1]ed payment; eac!1 chepk you write on your Account tha( "!Ie return unpaid' each stop payment order or renewal of such an order, each blliing cycle Within w.hlch your Account IS dellnqu~nt (late. cparge); and each billing cycle within which your calance exceeds your credit line (overlimit fee), even if your Account IS closed. If you request caples of billing stiilements that were lIrst II 'I ::1; i ~ ij i:~ !i~ I:~ <II ::1 " I:;; ,," ~~! 'j i ,H ii~ ::~ 'I"~ i;~ :.~: :1 :i 'II ii 1 ,~ HI ::r, f~ II ,," !1i ,I I ~ 'Ii ~ !~ ,I !'i r[r " I ~ ! :! j~ I ,I if. (Continued on reverse) (5846-0698) 543781550'/341807 I 1532 0162561 h~ ,_ J 1-' I. "-V-j:1 sent to YOfU more than three montbs earlier, we may charge a handling fee of $2 for each such copy, If you requestthat we make a one-time automatic pay,rntentll romlyour Prderso, naofl chehcklng account, we may charge your creait card account a fee of $4,95 for each request. This fee Is a FINANCE CHARGE anu I WI app y rega ess wether funds are available in your personal checking account to make the payment. ' fiwe m~y ,hatme, a transaction fee of 3% (minimum $5), which is a one-time FINANCE CHARGE, on the amount of each cash advance including cash from manclallns itlltlons, and ATMs, 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' juptohn youtr death, banktruptcy, or Insolvency; if y.ou ao not pay other aebts when due; if a bankruptcy petition is filed by or against you; or if we believe In good al , tha, you may no payor perform your oliligations uhaer this Agreement. If you are in defaUlt we may, without furtlier demand or notice, cancel your credit p~vlleges, declare your Account balance Immediately due and payable and use any remegy we may have, In the event of your defaull the ohutstafinleddlng I1at tlancell on your Account shall continue to accrue interest at the APR(s) disclosed m the Finance Charges section of this Agreement, even If we ave I SUI 0 co ect the amount you owe, cre~1 itbILine'd'ftouWr credit Iipe is specified from time to time in a sep!!rate notice, Your monthly statements show your credit line and the amount of your aval a e cre I" e may Increase or decrease your credit line based on information we obtained from you or your credit records, Your available crecit is normally the difference between your credit line and your Account balance (including transactions made or authorized but not yet p,os!ed), If you send us a Ylarge Pial yment check, we may limit your available credit while we confirm lhat the check will clear, For cerlain transactions, available credit 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. Pr~!l!~!l to Pay, You promise to P9Y us when due all amounts borrowed when you or someone else use your Account (even if the amount charged ex..........., your peI1'!lission), all other lfansactions and ch!!f98s to your Account, am collecijon costs we incur including, bUt not limited to, reasomlble attorney s fees and court costs, (If you win the suit, we will pay your reasonable attorney's fees and court costs,) . . Changes, Aller we provide you any notice required by law, we may change any part of this Agreement and add or remove requirements, If a change is matdhe 10hthe Finance Charges section of this Agreement, the new finance c~arge calculation will apply to your entire Account balance from the effective i:late of "e c atnge, Cthhanges Will apply to balances that include items posted to your Account before the date of the change, and will apply whether or not you con.nue 0 use e I\ccount. ... . Fuosreign exchange/Currency Conversion. If you use your Card for transactions in a currency other than U,S, dollarsL t~e transactions will be converted to . . ,collars, generally using either a (i) government-mandated rate or (ii) wholesale market rate in effect the day oefore the transaction is processed, Increaseedd bY Il1ree percent (,j%), If a credit is subsequently. given for a transaction, it will be decreased by the same percentage. The currency conversion drat lei us on the conversion date may differ from the rate in effect on the date you used your Card. You agree to accept lfie converted amount in U.S. oars, The cardj' Cancellation. You may cancel your credit privileges at any time by. notifying us in writing and destroying the Card(s), Upon the Card e1<Piration at the, end 0 the month shown on it, we reserve the right not fo rellew lhe Cara. We may cancel the Card and your credit priVileges at any time after 30 days notice to yoy or without notice if permitted by law. Tf y'our Card is cancelled or not renewed, finance charges and other fees will continue to be asseSSed, payments will continue to be due, and all other applicable provisions of this Agreement will remain in effect. If you terminate your credit privileges, or if we cancel or do not renew the Card, you may no longer write checks on your Account. and you should destroy any unused checks we have Issuealo you, PerslonallnfOrmation; Documents. You will provide us at least 10 days notice if you change your name, home or mailing address, telephone numbers, ~mp oyment or income. Upon our request, you will provide us additional financial informanon. We reserve the right to obtain .informanon from 9thers, Including credit reporting agencies ana to provide your address and information about your Account to others. We may also share information With our affith.lliaAtes, However, you may write '0 us at any time Instructing us not to share credit information with our affiliates. If y.ou ao not fulfill your obligations under IS greement, a negative credit report that may reflect on your credit may be submitted to the credit reporting agencies. Customer Service; Unauthorized Use, Loss or Theft of Checks or the Carcl. Each Card must be signed on receipt. You are responsible for safeguarding the Card, your Personalldentiflca~on Number !"PIN', which provides access to Automated Teller Machines) and any checks issued to you from theft, and keep. ing YQur PI N separate from your Card. I you aiscover or suspect that your Card" P~ or any unused checks are IQS. t or stolen, or .that there may be an unaull10rlzed transaction on your Account, you will promptly notifY us by camn,g 1-80u-9.",-7221. So we can immediatelY act to Iiroillosses and liability.. you will phone us even though you may also notify us In writing, You will not be liable for una~thqrl?:ed use occurring before you nOijTy us of a loss orth~1l If you report or we suWecl unauthonzed use of your Account, we may suspend your Credit pnvileges until we resolve the problem to our satisfactiqn or issue you a new Card. If your Card,is lost or stolen, yoU will promptly desl1'oy all checks in your possession, To improve customer service and secunty, you agree that your calls may be mOnitored or recorded Merchant Relations. We will not be liable. if any person or Automated T eller Machin~.refuses to honorthe Card or accept y'our checksb or fails to relum the Card to you. We have no responsibilitv for gooos and services purchased with the Card or checks except as required by law. (S~e >?pecial Rule below,) Cerlain ~epeflts that are available with the Account are provided by third-party vendors. We are not responsible for the quality, availability, or results of any of the servICes you choose to use. Stop Payment Orders. If you wish to stop payment on a check, you may send us a stop PilYIT1ent 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 numlier listed on your statement. When you make a sthtOPpayn)e~nt order, you must provide your Account number and ~peCiffc information abOut lhe check: the exact amount, the date on the check, the name of . e ~flY to om 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 .wnting. e ml!Y disregai'd your oral order if we do not receive a signed written confirmation within two weeks after the oral order, or If we have not recewedan adeqt,lllte descnption of the item so that payment gan be stoPPlld. The order Will not be effective if the. check was paid by us Qefore we had a rea!lOnable opportUnity to act on the order, We may, without liability, disregai'd 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 Account will b~ processep mechanically without our necessarily reviewing evert item. Our processing system will call our attention to cerlain items Which we will fl)(aITllne, W~ Will examin~ al transactions when you report that your Card or checks have beeQ lost or stolen, We dp not inten~ordinarlly tq llX!Imine ~II, iterT)s, and we Will not be negligent if we do not do so. THIs rule establishes the standard of ordmarY care which we m good faith Will exercise 10 admlnlstenng YQlJr Account. Because of our limited review, and beca. use neither your cancellEld checks nor C'ard transaction slips will be )Tjtumed to you With the mordnthly hstatdvEement, youd should be careful to enter all checks in your check register or otherwise keep a record of them. You should also save your credit ca. cas a ance an 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 delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision lat~r. You waive:' the ~ght to presentment, demanQ, prolest, or notice of dishonor; any applicable statute ill limitations; and any right you may have to require us to proceed against anyone before we file SUI against you. Applicable LaWt' Severability; Assignment. No matter where you live, this Agreement and your Account are il,9veedmed by.dfederaljaw anldl bLNewl Hampshire law his Agreement is a final expression of the agreement between you and us and may not be contraulcl by!l'll ence 0 any a eg~ ora agreement. If aTlY proviSion of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modifled to.' conformlo applicable law and the rest of the provisions m the Agreement will still be enforceable. At any time after we determine in good faith. that any Ilroposed or enacted legislation regulatory action or judicial decision has rend~red or may render any material provisions of thiS Agreement Invalid or unerlforceable, or Impose any increaseatax, reporting 'requirement, or other burden m connection with any such proVIsion or its enforcement, we may, after at least 30 days notice to I I I ~, ,,; , ~ '. .I~i; ... " I t~~ , ~PROVIDIAN Financial ~~~~~~~~~~~~~~~~~~~ you, orwithou! notice if permitted by law, cancel the Card and your Credit privileges. We may transfer or assign our right to all or some of your paYments. If slilhte hlaw requires that you receive notice of such an event to protect the purchaser or assignee, we may give you sucn notice by filing a financing statement Wit testate's Secretary of State. Noticde~. Oth~~ no~ces. to you shall be effective w~en deposited in the mail add~~sed to you at the address shpwn on our recordSj unless a longer notice peno IS specified In thiS Agreement or by law, which penod shall start upon mailing. Notice to us shall be mailed to our address or customer service on your statement (or other adcresses we may specify) and shall be effective when we receive it. YCOUd~ BBI~LI !NG RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your rights and our responsibilities under the Fair re It I ling Act. Notify Us in Case of Errors or Questions About YOllr Bill. If you think 'Lour 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 ater than 60 days after we sent you the first bill on which the error or problem appeared. You can teiephone 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 the sus~cted-error. - Describe the error and explain, if you can why you beiieve there is an error. If you need more information, describe the item you are not sure about. Tlf 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. o stop the payment, your letter must reach us three business days before the automatic payment is scheculed to occur. Your Rights and Our Resp.onsibililies After We Receive Your Written Notice. We must acknowledge your letter within 30 days, unless we have correctec 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 ques!ion, or report you as delinquent. We can continue to bill you for the amount you question, inCluding finance charges, and we can apply any unp.aid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are slill 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 you fail to pay the amount we think you owe, we may report you as delinquent. However, if our e~lanation does not satisfy you and you write to us within 10 days temng us that you still refuse to pay, we must tell anyone we !'!!Port you to that you question your bill. And, we must tell you the name of anyone we ~orted you to. We must tell anyone we report you to that the maller has been settled between 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. SpeciafRule for Credit Card Purchases. If you have a problem with the quality of the Pl'OP.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 nave to pay the remaining amount due on the goods or services. There are two limitations on this right: (a) you -must have mada the purchase in your home state, or if not Within your home state, witnin 100 miles of your current mailing address; and (b) the purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed' you the advertisement for the property or services. 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SHERIFF'S RETURN - REGULAR CASE NO: 2001-01771 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS REDCAY JAY A ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon REDCAY JAY A the DEFENDANT , at 0010:30 HOURS, on the 2nd day of April 2001 at 2260 RITNER HIGHWAY CARLISLE, PA 17013 LINDA REDCAY (WIFE) by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So ;;~~, 18.00 3.10 .00 10.00 .00 31.10 R. Thomas Kline Sworn and Subscribed to before me this I) C!::f day of ~:.o Ja-n/ A. D . Q.r f2 JMJL, Af1 othonotary 04/03/2001 VALAR'" ROSENBLUTH PARK ~ By: ~ Ill, . Deputy Sheriff I "~'l!1k" :.,.. .. SHERIFF'S RETURN - REGULAR CASE NO: 2001-01771 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK / VS REDCAY JAY A ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon REDCAY LINDA D the DEFENDANT , at 0010:30 HOURS, on the 2nd day of April , 2001 at 2260 RITNER HIGHWAY CARLISLE, PA 17013 by handing to LINDA REDCAY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~~~4 R. Thomas Kline day of 04/03/2001 VALARIE ROSENBLUTH PARK By: ~1/{, Deputy Sheriff Sworn and Subscribed to before ~ me this JI- (,)~ ;l~ ( A.D. C1~L Q~ ~ P othonotary ; ~ ~~- ~ "^ d - ~ " - ,"~J'\i.tlllI_Ii'.! SHERIFF'S RETURN - REGULAR CASE NO: 2001-01774 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS DEITCH DENNIS G JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DEITCH DENNIS G the DEFENDANT at 0019:30 HOURS, on the 4th day of April , 2001 at 136 GREASON ROAD CARLISLE, PA 17013 by handing to SHARON DEITCH (WIFE) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.72 .00 10.00 .00 31.72 sO;;2~~~ R. Thomas Kline 04/05/2001 PARK LAW ASSOCIATES day of Sworn and Subscribed to before h' //~ me t lS OpA<5R ~/ A.D. ~h~n~ ,~ ~~ ~~ I t ~:~l,-: VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX l779 DOYLESTOWN, PA l890l (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS JAY A REDCAY LINDA D REDCAY Defendant NO. Ol-l77l CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended upon payment of your costs. S, P.C. BY: VALERIE ROSENBLUTH PARK 17 ,I ." -i<.'.- _'l,_1 ~ J.;J<< j, e 0 0 .~n $: t..- ~-l -om c:: i~~;-1J mm z z::o I "TIm Z(,: ...J -,,0 ~z (:\,b :<:0 -0 ~;;:j:B ~(J :.J: 20 :.>8 ~ -m Sl ~ U'1 ~ (.l'l