Loading...
HomeMy WebLinkAbout01-2291 FX ... - . VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA IB901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS. GARY W ADAMS Defendant NO. 01- ,;{')ql c;"ii NOTICt 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. :\';,."..,.".-~-.,.,."k~.l ~_'""-"'_'" ,",~,'" . . r I ~ ," ~- "~ _.......,..."""'~ -'---~- -".-~ ,. , . ". 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#:442B000670614078 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS GARY W ADAMS B 0 1 SANDBANK RD MOUNT HOLLY SPRINGS, PA 17065-110$ DEFENDANT NO. 0/- .1.2Q/ CWd IL/AVV 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, GARY W ADAMS, has a mailin~ address at BOl SANDBANK RD, MOUNT HOLLY SPRINGS, PA 17065-1108, . 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 4428000670614078. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 'Jr,:,,_, -'.',.,. ,. , 'I - ~ ~ , ,. . ,~~ "..-"",.' /l&'! , - , 4. The Defendant requested an account, account number 442B000670614078, 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 $9,011.56 as of 02/07/2001, plus pre-judgment contractual interest at the rate of 21.90% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $1,532.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $9,011.56, plus pre-judgment interest at the contractual rate of 21.90% per annum from 02/07/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,532.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT I - ALTERNATIVE B. 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. ;l'-!.tj,~ ~,_ =_"l _ - '"',~~- ~ ~ ", 'fI"T"- , " ~ ~,~ , 'I . ~ ~.< ~ .~~, ==, . - , 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 o-f same. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $9,011.56, plus pre-judgment i~terest at the contractual rate of 21.90% per annum from 02/07/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,532.00, 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. ~;,"" "~, " " ' N. '~_, f! , I ~~ "-~ 'r~ij,-, ',- \ t! J ..- , I, VERIFICATION HEATHER KnOREMAN , 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 IB Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, Date Designated Agent , r' ~. 1 'i . ~, -~ ~-,,".' '" "-" -" ~"" ,.,,,.-"-, ~"""." .. ". ,-""'''H'''~'-'''''''''-"''''''T'"liIj7nlkli!lll''"'lJ "fl1T'liRI"l!:Il j -"Ti "jo,' -. , ^ :) 1. d n ~',~ ~'-':': ',-( '":1 .', c', f ; .,~ 'I l. '01.~' Lli....".iL.;,_'Z a ';:' -'~~ ; '-., ,-' =.,,, ~ .~.d,.:JV':':Ji..J ,,~. ~ _~~~"W=~~<ffli!I!!~"""_"...~,.,_!Il!"j!;j!,,ro:N;"O:I~~"'''f=''''''V-''T.'!';=;'".,_,''''''.''" ,.,. ";~"',H7?,"'~"~~~lWfri!!iWjJj!~~tlJltj~'N'~]"T'T<<;P"0.'iWF"'f":~; <1,"'""",",_'_",.""''''- g ..,__-~>_, ~;.-:"Ji,,'''. ;'.;..o'~';'.j:'W"i,~";':';;__> , {'~~ 'B> ~ PROVIDIAN Financial ~ ~. ~. ~~~... Jib Jib.~ ~. ~ 1, ~ 1r~ ",. Providian National Bank VISA@orMasterCard@ Account Agreement for Gary W Adams .... "E. H I BiT' February 25. 2000 ".,. !I( . "'it;,lj fi_,.~ Please review this document and keep it with your other important papers. This Account Agreement contains the terms which govern your Providian National Bank VISA or MasterCard Ac~ount {the "Account"} The Account allows you to make PU?chases by u5,Ing your VISA or MasterCard card (tt\e "Card") wher~,:er it is honored and to get cash a~ances from us, or a,ny ot~er p~rtlclpating financial institution and from Automated Teller Machines. Convenience checks may also be provided to you as an additional way to use the Account. In thiS Agreement, 'you and your mean each person for whom we have opened a credit card Account. "We," "our," "ours," and "us" mean Providian National Bank or its aS~lgnees, as listed on xour billing statement. The Account may be used only for personal, family, household, and charitable purposes, and not for any bUSiness or commercial purpose Any use of thiS Account shall constitute acceptance of the terms of thiS Agreement. You and we agree as follows: Payments. You will receive a monthly statement showing your outstanding balance. Payment on this Account is requir~d in U.S. d~lIars (c~ecks must be payable at a U,S_ office of the bank the check IS drawn on) for at least the payment due as shown on your statement by the payment due date In accordance With payment Instrucllons on your monthly statement. The back of your statements shows the rules we follow when we post payments. Convenience checks and other checks we Issue to you may not be used to make payments on your Account or to make payments on any other account you have with us or our affiliates. The payment due will be: 2% of th,e new balance shown on your statement plus th~ amount of any past d,ue payment, and may inclu~e the amount by which the new balance exceeds your credit line. However, the payment 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 the credit line, we may require a higher minimum payment, but we Will notify you before doing so. If your payment is more than the payment due, it will be treated as a single payment and none of it ~i11 be applie~ to future payments due. We may accept late or partial payments, or payments marked "paid in full" or marked with other restrictions, wilhDutlosing our right to collect all amounts oWing under thiS Agreement Finance Charges. Except as described in the Grace Period for Purchase Balance section of this Agreement, finance charges begin 10 accrue on a debit when it is included in one of your daily balances and continue until that balance is reduced by a payme~t or c.redit. Your Account has the following balances: The Purchase B,alance, ~hrch consIsts of your eXIsting Purchase Balance and new purchases you mC3ke with your Card and fees for certain optional servIces; one or more Custom Cash Advance Balances, which consists of balances that you tra~sfer to your Account using balance transfer checks and balances that we transfer for you; and the Cash Advance Balance which consists of all other cash advances and cash advance transaction fees. Any payment amount we receive that exceeds the finance charges and fees then due will ordinarily be appli_ed first to the Balance With the lowest Annual Percentage Rate (APR), until that Balance IS zero, and then to the Balance with the next lowest APR, until that Balance IS zero, and then to any remaining Balance, We reserve the right to apply payments differently without further notice. The Purchase, Custom Cash Advance, and Cash Advance Balances are reduced by payments as of the date 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 electronically transmitted to other lenders to transfer balances, as of the date transmilled; checks to transfer balances, as of the date presented to us. Other cash advances are included in your Cash Advance Balance as follows: cash advances from other financial institutions and through Automated Tellers, as of the date made; cash advance checks made payable to you that are identified as cashier's checks and mailed to you at your request, as of seven days ilfter the date we print on the check; all other checks, as of the date presented to us. Other debits are included in your Purchase, Custom Cash Advance,_ or Cash Advance Balance as of the date posted. Finance charges are added to your Purchase, Custom Cash Adtance, and Casl1 Advance Balances eacl1 day and are tl1en posted on the last day of the billing cycle. There IS no grace period for custom cash advances or other cash advances. To fi_gure the daily finance charge for each type of Balance, we start with your previous day's Balance, add all debits and subtract all credits for the current day and multiply the net amount by the applicable daily periodic rate (see following paragraphs). The finance charge for each type of Balance is then added to and Included in that day's Balance. We treat a credit balance- for any day as zero. We determine the total fina':ICe.charges on balances fo~ the billing cycle by adding together the financecharges for each f)'pe ~f Bala.nce .f~r each day wi~hin the bilJjng '?}'cle. In calculating finance charges, an adjustment Will be made for any transachon or payment that would have affected the finance charge calculation In a pnor billing cycle had It been posted In that cycle, The applicable daily periodic rate for such a transaction will be the rate in effect for the current billing cycle rather than the rate in effect on the date of the transaction. Your statement includes al1 average daily balance for each type 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 subtotals, and then add the subtotals together to determine your total finance charges on balances for the billing cycle. If a cash advance transactlon fee is charged, that amount is also a finance charge. The ANNUAL PERCENTAGE RATE (APR) for purchases is 21.9%. corresponding to a daily periodic rate of 0.06000%. The ANNUAL PERCENTAGE RATE for custom cash advances is 23.9%, corresponding to a daily periodic rate of 0.06548%. The ANNUAL PERCENTAGE RATE for cash advenees is 23.9%. corresponding to a daily periodic rate of 0.06548%. If your payment.is received late. twice in any 12-month period, o~ if you sig~ifican~ly !ncr~se your total unsecured debt (as explained in the CREDIT REVIEW paragraph b~low), the APR for purchases may Increase, but Will not exceed 23.9%, correspondIng to a dally periodiC rate of 0.06548%; and the APR for cash advances and custom cash advances may Increase, but will not exceed 25.9%, corresponding to a daily periodiC rate of 0.07096%. Your Account may be eligible for lower APRs after you have met the terms of this Agreement for three months. If you contact us, we will review your Account to determine your eligibility for lower APRs. . CREDIT REVIEW: SPECIAL REQUIREMENT. You agree not to significantly increase your-total unsecured debt. Your APR can increase (as explained above) based on a significant increase in unsecured debt, if your tottJl unsecured debt and your total unsecured debt with other lenders each increases by more than $5,000 and your annual household income is less than four times your total unsecured debt. G~ce Period for Purchase. Balance. New purcha.s~ posted to you~ Account in billing cycles with no previous balance, or when the prevIous balance was fully paid during the cycle, do not begin to Incur a finance charge until the start o~ the next bllh~g. cycle. You WIll pay no finance charge on ~uch new. pu~has~s if you pay the total new balan~ i~ full 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 panod In which such purchases may be repaid Without Incurring a finance charge. Fees. We will charge your Acco~~t $0 for: ea.c~ Car~ you ask us to replace; each returned payment; each check you write on your Account that we return unpaid; each stop payment order or renewal of suC?h an order; @soh billing cycle: Within .w:hlch your Account IS delinquent (late charge); and each billing cycle within which your balance exceeds your credit line (overfimit fee), even if your Account IS clpse<;l. .If you r?<tU~t C<;'ples of billing statements that were first sent to you more than three months earlier, we may charge a handling fee of $2 for each such copy. A cash advance fee of 3% (minimum $5), whICh IS a FINANCE CHARGE, may. be charged for each cash advance transaction made on your Account. !Jefault. Y~u will be In default: if any information yo~ provided us prov~~ to.be iocomplete o~ untrue; if you do not comply with any part of this Agreement; upon your death, bankruptcy, or Insolvency; If you ,do not PClY other debts when due; If a bankruptcy petlllon IS filed by or against you; or If we believe in good faith that you may not payor perform your obligations under this Agreement. If you, are in default we may, withou.t further demand or notice, cancel your credit privileges, declare your Account balance Immediately due and payable, and use any remedy we may have, In the .event of your default, the outstanding balance on your Account shall continue to accrue Interest at the APR(s) disclosed in the Finance Charges section of this Agreement, even if we have filed SUIt to collect the amount you owe. Credit line. Your ~r~it line is s~cified fr?m time to t.ime in a separate notice. Xour monthly statem~nts show your credit line and the amount of your available credit. We may increase or C!eCrea.se your cr~~lt hne baSed on Inf~rmatlon we obtained from you or your credit records. Your available cred(t i~ normally.the differe.nce l?etween your credit line and yo~r Account balance (Includin.9 transa~tl?ns m~ or authorIzed but 11O~ yet posted}. If you send us a large payment check, we may limit your available credit while we confirm that the check WIll clear. For certain transactions, avaIlable credit may be less. You will not use your Account for, and we may refuse to honor, any transaction which would cause you to exceed your availabre credit. Promls~ to Pay. 'You promise to pay us when due all amounts bo,!owe~ whe~ you or sOfT!e<?ne else use your Account (even if the amount charged exceeds your permission), all other _ transactions and charges to your Account, and collectIon costs we Incur including, but not limited to, reasonable attorney's fees and court costs. (If you win the suit, we will pay your reasonable attorney's fees and court costs.) C~anges. After we'provide you any notice requ!red ~y law, we may cha.nge any part of this Agreement and add or remove requirements. If a change is made to the Finance Charges section of thiS Agreement, t~e new finance charge calculation Will apply to your entire Account balance from the effective date of the change. Changes will apply to balances that include items costed to:iQYL Account before th~, date of the chance, and will apply whether or not you continue to use the Account. Foreign Exchange/Currency ~nverslon. If you use 'your Card for transactions in a curr~nq other than U:S. dollars, the transactions will be converted to U.S. dollars, generally using either a (i) gl?vernment-mandated rate or (II) wholesale market rate In effect t~e day before the transaction IS processed, Illcreased by three percent (3%). If a credit is subsequently given for a transaction, it Will be decreased ~y the same percentage. The currency conversion rate used on the conversion date may differ from the rate in effect on the date you used your Carel You agree to accept the converted amount In U.S. dollars. ' The Card; C.anc~lIatlon. You may cancel your credit privileges at any time by ~otifY~ng us in writing and destroying the Card(s). Upon the Card expiration at the end of the month shown on it, we reserve the nght not to renew the Card. We ma.y can~elthe Card and your credit pnvde~es at .any time after 30 days notice to you, or without notice if permitted by law. If your Card is cancelled or not r~newed, financ.e c~a.rges and ~ther fees Will continue to be assessed, payments Will contlll~e to be due, and all other applicable provisions of this Agreement will remain in effect. If you termlllate your credIt prIVileges, or If we cancel or do not renew the Card, you may no longer wnte checks on your Account, and you should destroy any unused checks we have issued to you. Personal Information; Documents. You will provide us at least 10 days notice if you change your name, home or mailing address, telephone numbers, employment or income. Upon our (Continued on reverse) (5846-0698) 4428000670614078 0184 040 Z578 -J;'-'~'~1'""'''1-l'1F!i~4''1'1''"''S1if~~II.:l",,,,,,<.;,, ,"'''''- ~, T"""'" _~~ T''1'''"' ,~~ . ~,-~., ,""",,",,- request, you will provide us additional financial information. We reserve the right to ",btain inforrnation frl?m others, inclu~ing credit ~porting agencies, and to provide your address an.d information about your Accounllo others. We may also share information with our affiliates. However vou may wnl~ to us at anY II.me Instructmc ~s not 10. share cr~d:l information with our affihates. If you cia not fulfill your obligations under this Agreement, a negative credit report that may refle~ on your cJedl1 may be submllled to the credIt reporting agencies. Customer Service; Unauthorized Use, loss, or Theft of Checks or the Card. Each Card must be signed on receipt. You are responsIble for safeguarding the Card, your Personal Identification Number ("PIN", which provides access to Automated Teller Machines) and any checks issued to you from theft, and keeping your PIN separate from your Card. If you discover or suspect that your Card, PIN, or-any unused checks are lost orstolen, or that there may be an unauthoriz.ed transac!i?n on you~ Ac~ount, you will promptly notify ~s by calling 1-80~.933-.72~t So we can -Immediately act to limit losses and liability, you Will phone us even though you may also notify us In wrltlng_ Your liability for unauthorized use occurring before you noMy us IS limited to $50. If you report or we suspect unauthorized use of your Account, we may suspend your credit privil~ges until we resolve the problem to our satisfaction or i.ssue you a new Card. If your Card is lost or stolen, you will promptly destroy all checks in your possession. To improve customer service and security, you agree that your calls may be mOnitored or recorded. Merchant Relations. We will not be liable if any person or Automated T e!ler Machine refuses to .honor the Card or acc~pt your checks, or fail~ to ret~rn Ilie Card to you. We, have no r.esponsibility for goods and services purchased with the Card or checks except as required by law. (See Special Rule below.) Certain benefits 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 y,ou wish to stop payment on a 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 listed on your statement. When you make a stop payment order, you, must provide your Account number and specific informa_tion about the check: the exact amount, the date on the check, the name of the party to whom it was payable, the name of the person who signed it, and the check number. You will be asked 10 confirm an oral slop payment order In writing. We mav disreaard vour oral order if we do not receive a si~ned written confirmation Within two weeks after the oral order, or if we have not received an adequate description of the item so that payment can be stopped. The order will not be effective if t e check was paid by 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 by us, and because not every check and Card slip Will be sent to us, transactions in your Account will be processed mechanically without our necessarily reviewing every item. Our processing system will call our attention to certain items which we will examine. We will examine all transactions when you report that your Card or checks have been lost or stolen. We do not intend ordinarily to examine all items, and we will not be negligent if we do not do so. This rule establishes the standard of ordinary care which we in good faith will exercise in administering your Account. Because of our limited review, and because neither your cancelled checks nor Card transaction slips will be returned to you with the monthly statement, you should be careful to enter all checks in your check register or otherwise keep a record of them. You should also save your credit card cash advance and purchase slips. You aoree to check vour monthlv statements aaainst vour record and to notiN us immediatelv of anv 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 lafer. You waive: the right to presentment, demand, protest, or notice of dishonor; any applicable statute of limitations; and any right 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, this Agreement and your Account are governed by federal law and by New Hamp$ire law. This Agreement is a final expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement. If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider that prOVision modified to conform to applicable law, and the rest of the provisions in the Agreement will still be enforceable. At any time 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 any such provision or its enforcement, we may, after at least 30 days notice to you, or Without 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 state law requires that you receive notice 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 Secretary of State. Notices. Other notices to you shall be effective when deposited 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 shaH 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 effective when we receive it YOUR BILLING RIGHTS _ KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information abo'ut your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill. If you think your bill is wrong or if you need more information about any transaction on your bill, write us on a separate sheet, at the address listed in the Billing Rights Summary on your bilL Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your leller, 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. Your Rights and Our RespoflsibJ/itJes After We Receive Your Written Notice. We must acknowledge your letter within -30 days, unless we have corrected the error by then. Within 90 days, we must eith~r correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can con~lnue t? bill you for the amount you question, Including finance charges, and we can apply any unpaid amount against your credit line., You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your blll that are not in question. if we find t.hat we made a mistake o.n your bill, you will not have ~o pay any finance ~harge related to.any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you Will h~ve to make up the missed payments ?n the questioned a~ount. In elth.er case, we wllI.send you a statem~nt of the ~m?unt you owe .ard the date that it is due. If you fail to pay the amount we think you rme, we may r~rt you as ~ehnquent. However, If our explanation does not satisfy you and you wnte to us within 10 days telling us that you still refuse to pay, we must tell anyone ~e report.You to that you quesbon 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-between us when It finally IS. If we don't follrm these rules, we can't collect the first $50 of the questioFled amount, even if your bill was correct. Special R~le {or Credit Card Purchases. If you have a prob.le.m with the quality of the property or ~ervices that you pur~h~se~ with our. cr~it card and you have tried in good faith to correctthe problem With th~ merc~a~t, you may not have!o pay the ~emamlng amount due .~n the goods or servIces. There are ~o limitatIons on thiS right: (a) you must have made the purchase in your home state, or If not WIthIn your home state, wlthm 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. ""; -"". t' r I __e ^~ - .' Complete this short form and return it in the postage-paid envelope provided. 3D-Second Response Certificate Yes, r want to accept your invitation for a customized VISA" Gold account! I agree to be bound by the Account Agreement (which will be mailed to me before my VISA card is issued) and to xepay ptincipal, interest, and interest thereon, except that I will have no obligatiOn if 1 xelum the emUs) unused and <'UlCel my account aftex xeviewing the ACCOIlllt Agreement. 4: :1 2 ~55'16 " , ' , - J",~"'1':'.1.,1IIii ~-"';:'''','''':\\;'rl " ,,,,,';".""'f\ '''', "m _ ,. .->>. ~I" "'''''''''' !II\"" " ~,. ,,-^~ ,,[ ~8 " -,." , ,,~ 1l1;:l'l. " Gary W. Adams 801 Sandbank Road HT Holly 5pgs, PA 17065-1108010 No Annual Fee . $20,000 Credit line . Immediate Cash 2706Nl IelL3 GX238 OODN UHLQ JDFD LHAD CCSD 53T 706-4644-9849-4 . lowest Purchase Rate . .. MOT ..I'ACH '---. - GUARANTEED S)lVINGS This invitlitiOn explres: November 28, 1994 x~\}J.~. Sf8nalUre ; \ (N....Tr.u1sIuable) ~O ~7l:ld--~~~~ SOtialSeaullyN_ ..' Iii . J"i,,"/ -,,". .~- IfT~~ R. Thomas Mazttt Vice President <7/7 ) '{<xc:' - 490.5 <717 );l.5~-S605 Home. Phone WCl'k.fSecmd P'hone 706-4644-9849-4 FI LE Reference Number: 208427363 Box Year Batch SSN Account # - : 478 : 94 :5 : 208427363 :4428000670614078 MlHARTS ~ .I ~ - " . lJVU2 p fr2- . -,-~-~.- ~ ~ ",,.,,,, ~- ~. ., ~ _ ".-_ ~ "' _ ~, = "..~""" "">O-~-' __^,,...~~,w,,,,,..,-.~>_'m '" 0 5:: ~ \;) .J:: I~I & o;it;~~ ~ ~ it:: rr- ~ ~ Q '8 ~ "..,.. ~ Vl ~ -.c:' 0 ~ <...v ~ :::L:> 'N "* &0 --\J ~ ., 1"\ r c, [ ~ '^ ~ " (~ S> -I-- '" v lJili I U\ Cj 1-) -I"] :,) :-b~ -0 ;':'J "n '.i) :::> c..) -- 1I?,~,)~'~~~~~~!IIF'i'"'!'_'Wf;[",p;;,1,~,_?,",_,_'J'_<''''__'''"''"'~""-" '"~:''R'i'''''''''~j:!{''''"''_>;?'''WW''\'~'W')~l[P''C~~'~,w~'''rR~;j';';fP'lP~':~: 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: 801 SANDBANK RD MOUNT HOLLY SPRINGS, PA 17065-110B 442800067061407B CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS GARY W ADAMS Defendant NO.01-2291 PRAECIP,E FOR JUDGMENT TO THE PROTHONOTARY: . i Please enter Judgment in favor of the Plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL $9,011.56 $1,532.00 $596.72 ($0.00) ($228.00) $10,912.28 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 copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. m.' i" aUaohad harato =~"A'" VALER ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW,.JI.I~ 'L 1. ,;:)I""Y'> I ' Judgment is entered in favor of the Plaintiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. ^ inT"-.' ""-"''1''_'''' " " '"':~"'''.",_ _~" ."L """"""""_ II' ~ -~--~ ~-, " "_M~~__' ~ C,d;,) R~ PROTHONOTARY PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. !""~!II'.~.,",,,~", 'c' ~, 11' I ,~~ " -'---," . " VALERIE ROSENBLUTH PARK ATTORNEY !.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 17065-11 08 ATTORNEY FOR PLAINTIFF ~ I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET tILtON, NH 03276 DEF: 801 SANDBANK RD MOUNT HOLLY SPRINGS, PA PROVIDIAN NATIQNAL BANK Plaintiff VS GARY W ADAMS Defendant NO. 01-2291 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: GARY W ADAMS 801 SANDBANKRD MOUNT HOLLY SPRINGS, P A 17065-1108 DATE OF NOTICE: 5/18/01 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITIIIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A nJDGMENT MAY BE ENTERED AGAINST YOU WTIHOUT 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 !r >'i~",~_ " _ _j', r- ~~ P ,10'" ',',"_ ~'-~W_,", > " i VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 n08 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 801 SANDBANK RD MOUNT HOLLY SPRINGS, PA 17065- PROVIDIAN NAT:::R:: COUNTi.Y Plaintiff COURT OF COMMON PLEAS VS GARY W ADAMS NO. 01-2291 Defendant 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 GARY W ADAMS, Defendant is over 21 years of age; that his/her place of residence/business is located at 801 SANDBANK RD MOUNT HOLLY SPRINGS, PA 17065-1108 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. PARK LAW SSOCIATES, P.C. BY: Val ~e Rosenbluth Park Attorney for Plaintiff E10 '" ~ -'~ ~-"" . r r! 'TO I . ~ " '" - ~..., ,"; . ~ VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 1B901 (215) 348-5200 n08 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 801 SANDBANK RD MOUNT HOLLY SPRINGS, PA 17065- CUMBERLAND COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS GARY W ADAMS NO. 01-2291 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 [ ] Jvdgment in Replevin [ ] Judgment in Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings [ ] Judgment on District Justice Transcripts [ ] Judgment on Judgment Note [ ] Judgment on Writ of Revival [ ] Praecipe to Reassess Damages IF YOU HAVE ANY QUESTIONS .CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number: (215) 348-5200. PURSUANT TO THE FAIR DEBT COLLECTION P CTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. . '-'Y-'~'--- '-"'''<=-'''''''''~ ,~" ~_:~ - II' .. -- ~ - ill ~ , 0 0 0 c ""j, t (J .to. ;;:: '- ::J 1'J -om ,- m,,; Z ~l.. -n ({ ...0 Z::D Gi;-' ~ 8 tfj ~~: I ~~s:; -.J -< ",o:.~~ '-~~) r (;2Ci --u -r " ::::::: ~ ~o ::s S~~5 f! )>~ ~ om j )v ~ Z '..M ::;;! 6"- ::< 01 ~ fI.r ~ - ~ -~ ff -c..., r----, tS~ Yi,,,,.,,,,,,,.._, , !I'!I"~''''~~. J!,. ,,~ ,(jI~#!l)'''.'''''I"_'!l!',"!~'f'~\'__J''~II~:W''\ffl'Ml''ll!I~~!'ij~w."fi''''~'_''''i''!",';~-_'-i"-"'_":?p'j'~"'<:";'''_'"''''-_"T5,:,';;'H~,W:~W~'I!1!1~~-L"ll~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-02291 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS ADAMS GARY W DAWN L. KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ADAMS GARY W the DEFENDANT , at 1732:00 HOURS, on the 27th day of April 2001 at 801 SANDBANK ROAD MT HOLLY SPRINGS, PA 17065 by handing to GARY W. ADAMS 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 4.34 _00 10.00 .00 32.34 So Answers: .;;-"'~(~, ./~ A .r:--'ll<rU"~. R. Thomas Kline 04/30/2001 PARK LAW ASSOCIATES Sworn and Subscribed to before By: C\:jeuN'n ~. ~ Deputy Sheriff ? vt-L day of me this A.D. Proth (~~.. ':mj'1i~ ~ '!'.. '-'''1',," ,_ ,"~_' ~ _ ., - 1'1 . , -