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HomeMy WebLinkAbout01-2292 FX " .. 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. DAVID A VELOZO NOTICt NO. 0 I -J,;l?':< Defendant You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or 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) 990-910B THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. '--'''';\'l\, ~ ~ , " ":"""V ,I ,~, _, . '"r"'"" I I~ VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 1B901 (215) 34B-5200 ATTORNEY FOR PLAINTIFF ACT#:5437B15003002634 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS DAVID A VELOZO 112 N 33RD ST CAMP HILL, PA 17011-2703 DEFENDANT NO. CJ / - J.:l. 92. G;xJ -r UAY- 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, DAVID A VELOZO, has a mailing address at 112 N 33RD ST, CAMP HILL, PA 17011-2703, 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 5437815003002634. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,~~-"- ,", ,",- <;-., ~>~'. ,~, '" ,", -r. ,_,~ 1""1 = - ,..~ ...., -, . 4. The Defendant requested an account, account number 5437B15003002634, 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 $11,532.39 as of 01/18/2001, plus pre-judgment contractual interest at the rate of 23.90% 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 $1,960.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $11,532.39, plus pre-judgment interest at the contractual rate of 23.90% per annum from 01/18/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,960.00, 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. "'.'l'~'c"""""'~Y~~ '..~ ,_,~~~_.}( ~"w, - ',"~_'_ -i 1'1 "1 ~ ~ 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 $11,532.39, plus pre-judgment interest at the contractual rate of 23.90% per annum from 01/18/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,960.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. 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. !"~,?1'1I1~?,"J"ll),-_,~,": ''',- . ._-~ I-I-J I..' I ,~'.- ~, i,~_.," , ."v VERIFICATION I, HEATHER KOORI:~AAN , declare that: I am a designated agent of PROVIDIAN NATIONAL BANK, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, Date Designated Agent 1~1"l ~>~ , r " . .!h~ 'l~ I ~~PROVIDIAN Financial ~~.~~.~~~~.~~.~.~~; EXHIBIT A .__._~ ._~------~ -- Providian National Bank VI SA@ or MasterCard@ October 30, 2000 Please review this document and keep it with your other important papers. This Account Agreement contains the terms which govern your Providian Nationai Bank VISA or MasterCard Account (the "Account"). The Account allows. you .to r1)ake PUrcha.se~ by using your VISA or MasterCan;l card (the "Gard") wherever it is honored and to get cash advances from us or any other participating flnanc]allnstitutlon and from Automated Teller Machines. Convenience checks may also be provided to you as an additional way to use the Account. I n this Agreement, "you" and "your" mean each person for whom we have opened a credit card :A.ccount. "We," "our," "ours" and "us" .mean Providian National BanR or it~ assignees, as ~s\ed on your billing stateme~t. The Account may be used only for personal family, househola, and chantable purposes, and notlor any b~~lness or commerCial purpose. Any use of thiS Accpunt ~hpll constitute acceRtance of the lerms of this Agreement. If the Account was opened as a JOint account, we may acl on the Instructions of either Jo]nt accountholder. You and we agree as follows: Payments yay will receive a monthly statement showing your outstanding balance. Payment on this Account is required in U,S. dollars (checks must be payable at'a U 5. office of the bank'.the check is drawn on). for at least the payment due as shown on your statement by the payment due dale In accordance willl Pl!Yment instructions on your monthiy statement. The back of your statements shows the rules we follow when we P!lst payments. Convenience checks an.d other checks we issue to you maY not be used to make payments on your Account or to make paYJ11ents on any other account you have with us or our affiliates The payment due win be: 2% of the new balance shown on your statement plus the amount of any past due payment, and may includ~ 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 $15, in which case the paym. ent due will be the amount of the newbalancel. If your Account is past due or above lhe credit line, we may require a higher minimum paYl)1ent, bul we will notify you before doing so. If your payment is more than the payment due it will be treated as a single payment and none of it Will be applied to future paYJ11ents cue. We may accept late or partial payments, or payments marked 'paid in full" or marked with other restrictions, without losing our right to collect all amounts owing uncer this Agreement. If you have made special payment arrangements with either First Union or Providian, you need to continue making the agreed upon payments. Finance Charges. Except as de$ribed in the Grace Period for Purchase Balance section of this Agreement finance charges begin to accrue on a debit when it is incluaed in one of your daily balances and continue until that balance is reduced by a payment or creai\. 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 certain optional services; one '01 more Custom Cash Advance Balances, which consists of balances that you transfer to your Account using balance transfer checks and balances that we transler lor you; ana me vasn Aavance Balance which consists of all other cash advances and cash aavance transaction fees. An,! (layment amount we receive that exceeds me lInance cnarges anc fees then due will ordinarily be applied first to the Balance with the lowest Annual Percentage Rate (APR1, 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 appy payments aifferently 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 PlJ!'Chilse Balance as of the date made. Custom casli advances are included in your Custom Cash Advance Balance as follows: funds electronicallY transmitted to other lenders to transfer balances, as of the date transmitted; cheCKS to transfer balances, as of the date presented to us. Other cas~ 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 cashie(s checks and mailed to you at your ~uest, 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 Advance or Cash Advance Balance as of the uate posted. Finance chal1l!ls are added to your Purchase, Custom Cash Advance, and Cash Advance Balances each day and are then posted on the last day of the billing cycle. There is no grace period for custom cash advances or other cash advances. To figure the daily finance charge for each we of Balance, we start with your previous day's Balance add all debits and subtract all credits for the current day and mUItiW.IIY the n.et amount bY. '.the !lPpllcable daily penodic rate (see following parag(!!phs). The iinance charne. for each type of Balance is then added to and incluqEld in that day's Balance. We treat a credit balance for any day as ze(O.. We dlit~rmine the total fina~ce qharges on balances fpr the billing PVCle.bY adding t9Qeth.er Ine finance. ch. arges for each type of Balance for each day Within the billing cycle. 10 calcuiatlna finance charges, an adiustment win bEl made for a!1Y tfimaaction or paYment that would have affected the finance charge calculation in a prior billing cycle fiad it been posted in that cycle. The applicaqle dailY periodic rate for such a transaction will be the rate in effect for the current billing cycie rather than the rate in effect on the date of the transaction. Your statement includasan average daily balance for each lvPe of Balance. You can multiply each average daily balance that is not zero by the number of dthays In the blllin.9'I'9YCIIl <lnd the peri.odic rate to obtain subtotals.. and then add the subtotals together to determine your total finance charges on balances for e billing cycle, f a cash advance'transaction fee is charged, Ulat amount is also a finance charge. The term 'Prime Re. te' as used in the Agreement means the highest prime rate published in the Wall Sfreet Journal on the first business day of the previous palendar month. '.' An.'. Y..ih.crease or <;Ie. grease in the Annual Percentage Rate will take effect on the first d8:'f of your billing cycle and may result in a slight Increase or dsc~se In the amount 01 your minimum payment. The ANNUAL PERCENTAGE RArrE (APRl fOrJlurchases may vary, and will be adjusted each billing cycle to 13.4% above Prime Rate, but will in no event be less than 21.9%. Using this formula, the APR for purchases in the October 2000 billing cycle IS 22.9%, corresponding to a daily periodic rate of 0.06274%. The ANNUAL PERCENTAGE RATE for cash advances is 21.9%, corraspondlng to a daily periodic rate of 0.06000%. If WE! receive 'l."oUr:Ac.qo.unt paym. .e~t. late 2 or ,more tim~s in Bn,!6-month .eiriOd, on each such occurrence we mllY increase the APR for purchases up to a mBlqmum of 23.30% -(comlSJ50nc;llrg to a qally p~nqdlc rate of 0.06384 *' and Increase, the AP8- for cash adVances and custom cash advances up to mBXImum of 23,90% (co~s5ndin~ to a dally penodlc. rate of 0.06548%). j after you receive the hjgher rates your Myments are received on time and you meet all other teri'risOf jhls reement.for 3 consecutive months, you may contact our Customer S"ervlC9 department and at your request we will review your Account for a possible R reduction. ' , Gr.ace Period:for;Pu~hase Balanqe. New purchases posted to your Account in billing cycles with no previous balance orwhen the previous balance was fully paid d~ringthe ~'cle do notb$gin to incur a finance charge until the start of the nexrbilling cycle. You will pay no iinance charge on such new purcliases If YO. u pay e io~1 new b. .~Ianpe In full by the payment due date shqwn pn your stat~ment New purcliases posted in any other billing cycle incur a finance charge, an there IS no penod In which such purchases may be repaid Without Incumng a finance charge. Fees, We may charge your Account $0 for. each Card you ask us to.l1lplace; each retumed payment; each check you write on your Account that we retum unP{lld; El!Ich stop,p!lyment order or. renewal of such an o,rd~r; each billing cycle within w.hich your Account is delinquent (late charge); and each billing cycle Within which your ualance exce~ your qredlt line (overtlmlt fee), ev~n If your Account ]S closed. If you request copies of billing statements that were first sent to you more than three months eariler, we may charge a handling fee of $2 for each such copy. If you request that we make a one-time automatic (ConYnued on reverse) (5846-0698) 5437815003002634 1532 581 Z56! ". ~ .n"l,~, ,!~,n,~1 !lJ'I'!lI"'""'r"~~I"""~~~._" , ' ","""" pa~menl-from your personal checking account, we J1)ay ch.arge your credit card account a fee of $4.95 for each request. This fee is a FINANCE CHARGE, ana it will apply regardless of whether funds are available In your personal checking account to make the payment. We may charge a transaction fee of 3% (minimum $5), which is a one;time FINANCE CI:IARG!" on the ~J1)ount of eaqh cash advance, including cash from. financial instifutions, and ATMs, wire trailsfers, money orders, lott6l)lbckets, casino gaming ChipS, and Similar transactions. Default. You will be in default: if any information you provided us proves to be incqmplete or untrue; i.f.Y04 dQ not comply with any par:t of this .Agre.ement; upon your death bankruptcy or insolvency; if ~ou ao not pay other aebts when due; If a bankrup.tcy petition IS filed by or against you; or If we beheve In good faith that ~ou may not payor perform your oliligations under this Agreement. If you are in default we may, without furtlier demand or notice, cancel your credit p~vlleges, declare your Account balanqe immediately. due and payabl~ anc;! use any remegy we may have. I~ the e~ent of your default, the outstMdl[l9 Dalance on ~our Account shall continue to accrue Interest at \he APK(s) disclosed In the Finance Charges secbon of this Agreement, even If we have filed suit to collect the amount you owe. Credit Line. Your credit line is specified from time to tiJ1)e .in a seflllrate. notice. .Your montl]ly slatementsshow your qredit line and the al)lount of yp~r available credit We may increase or deGrease your credit hne based on information we obtained from you or your credit records. Your available Credit IS normally the diiterence between your credit line and your Account balance (including transactions made or authorized but not yet ~ted). If you send us a If!I'ge wyment check we may limit your available credit while we confirm that lhe check will clear. For certain transactions, aVailable credif may be less. You will not use your'Accounl for, and we may refuse to honor, any transaction which would cause you to exceed your available credit. Promise to Pay. You promise to ~y us wtlen due all amounts borrowed when you or sqmeone else u~ yow Account (even If.lI]e 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. After we provide you any notice required by law, we may change any R6rt of this Agreement and add or remove requirements. If a change is made 10 the Finance Charges section of this Agreement, the new finance cRarge calculation will apply to your entire Account balance from the effective aate of th.e change. Changes Will apply to balances that include items posted to your Account before'the dele of the change, and will apply whether or not you continue to use the J.\bcount. Foreign Exchange/Currency Conversion. If you use your Card for transactions in a currency other than U.S. dollarsblhe transactions will be converted to U.S. collars, generally uSin~ either a (i) govemment-mandated rate or Oil wholesale market rate in effect the dey efore the transaction is processed, increased by three percent %). If a credit is subsequentl~ given for a transaction, it will be decreased by the same percentage. The currency conversion rate used on the conversio date may differ from the rate in effect on the date you used your Card. You agree to accept IRe converted amount in U.s. dollars. The tardl' Cancellation. You may cancel your credil.privileges at any, time b~notifying us in writing and destrOying the Card(s). Upon the Card e).<piration at the end 0 the month shown on it, we reserve the right not 10 reneWlhe Carcl. We may cancel the Card and your credit priVileges at any time after 30 deys notice to youl or without notice if permitted by law.lf ~our Card is cancelled or not renewed, finance charges and other fees will continue to be assessed, payments wil continue to be due, and all other applicable provisions of this Agreement will rema/'nin 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 shou d destroy any unused checks we have Issuecfto 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 request, you will provide us additional financial informalion. We reserve the right to obtain informalion from others, inCluding credit reporting agencies anc to provide your address and information about your Account to others. We may also share information with our affiliates. HoWever, you may write 10 us at any time Instructing us not to share credit information with our affiliates. If ~ou db not fulfill your obligations under this Agreement, a negative credit report that may reflect on your credit may be submitted to the credit reporting agencies. Custllmer Service; Unauthorized Use, Loss or Theft of Checks or the Canl. Each Card must be signed on receipt. You are responsible for safeQ.l,llIrding lhe Card, your Personal Identification Number I'PIN', which provides access to Automated Teller Machines) and any checks issued to you from-theft, and keeping YQur PIN s~rate from your Card. I you discover or suspect that your Card PIN or any unused checks are lost or stolen, or that there ml\~ be an unauthorized transaction on your Account, you will promptly notifY us by caning 1-80b-933-7221. So we can immediately act to limit losses and liability" you will phone us even though you may also notifv us In writing. You will not be hable for unauthorized use occurring before you notify us of a loss or thell If you report or we sus~cl unauthonzed use of your Accouht, we may suspend YQur credit privileges until we resolve the problem to our satisfacnqn or issue you a new Card. If VO\lr Card. is lost or stolen, you will promptly destroy all checks in your possession. To improve customer service and secunty, you agree that your calls may be monitored or recorded: Merchant Relations. We will not be liable if any parson or Automated Teller Machine refuses to honor the Card or accept ~our checks" or fails to return the Card to you. We have no rewonsibilitv for gooas and services purchased with the Card or checks except as required by law. (See "pecial Rule below.) Certain lienefits that are available with the Account are provided by third-party vendors. We are not responsible for the quality, avallabihty, or results of any of the servlCeS you chOose to use. Stop Payrnel!~ Orders. If you wish to stop payment on a check, you may send us a stop paY!11ent order by writing to us at our address for customer service listed on.. your sta.te.m...... e. n. t. You can make a stop p!!YfTIent order orally by calling the numlier listed on your slatement. When you make a stop payment order I you mustprovideYQUf Account number and specific information abOut lhe check: the exact amount, the dete on the check, the name of the paflY to whom i was J)8yable, the narneof the Pllrson who signed it, and the cneck number. You will be asked to confirm an oral stop paYfTlent order in writing. We may disreQatd your oral Ofder if we do not receive a sigliesl written confirmation within two weeks after the oral order, or If we have not received an ~ate descftPthtion of the item so thatPllY1:l1ent can be stopped. The order will not be effective if the check was paid by us before we had a reasonable opPOrtunity to act on e 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 nation.al systems before the transactions are consolidated P.Y us, and because not eyery check and Card slip will be sent to us, transactions in your Account will-be processed mechanicallvwiti10ut our necessarily reviewing evf![Y item. Our processing !?'fStem will call our attention to certain items which we will. examine We will exarn.IRE nle...'. aalll lIll.. nsaCtio. ns. when you report thatypur Card or checks have been lost or stolen. We do not intend ordinarily to examine all items, anq we will not be nag Igent if we. do. not do so. THIs rule establishes the standard of ordinaIY care which we in good faith WIll exercise in administering your Account Bhecaused beof our Iiinlted.'review, and bepause neither Y04r cancelled ch~Ck. s nor C"ard transaction slips will be returned to you with th~ mont.hly statement. you s cui, qareful to enter all checks In your check register or othelWlse keep a record of them. YoU s~ould also save YQur credit card c~sh advance and purchase slipa. You agree to check your monthly statements against your record and to notify us immediately of any unauthorized transactions or errors. Waiv,!r 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 ~gnt to presentment. demanql protest, or notice of dishonor, any applicable statute of limitations' and any right you may nave to reqUire us to proceed against anyone before we file SUI against you. . . ' Applica~le Lawt. ~everability; Assignment. Nq matter where you live, this Agreement and your Account are governed by federal law and br New Hampshire lew. hiS Agreement IS a IInal e~sslon of the agreement between you and us and may not be contraOicted by evidence of any alleged oral al greemdentht. If any proviSion of lt1is Agreement is held to be inv.aUd or unenforceable, you and we will consider that provision modified to coliform to applicable av.:, af!. e resl of the p'rovislqns.l~ the Agreement will still be enforceable. At any tiJ1le after.we determine in good faith that any P.roposed or enacted legu\lation, regulatolY acijon, or NdlClal deCISion has rend~red or may render any matenal ProVISIOnS of thiS Agreement Invalid or unenforceable, or imPose any Incre~thsecftax\.rep.ofrting ~Ulrement, or other burden In connection WIth any such proViSion or Its enforcement, we may. after at least 30 days notice to you, orWl out no Ice I 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 T':"''''-^,,!~'f~~~_,"~,,~, ,~"'_,_ , . "~, ."'1 -1- " .;'~t 'l"~ .; II~PROVIDIAN ~ Financial .~..~......~...~..I state. law re~uires 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 recordsl unless a longer notice period is specified in this Jligreement or by law, which period shall start upon mailing. NOTIce to us shall be mailed to our address or customer seNlce on your statement (or other addresses we may specify) and shall be effective when we receive it YOUI!. BilliNG RIGHTS -. KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act Notify Us in Case of Errors or Questions About Your Bill. If you think '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 later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: - Your name and Account number. - The dollar amount of the suspected-error. - Describe the error and expialn, If you can why you believe mere is an error. If you need more information, describe the item you are not sure about If you have authorized us to pay your credit card bill automatically from your checking account, you can stop the payment on any amount you think Is wrong. To stop the payment, your letter must reach us three business days before the automatic payment is scheduled 10 occur. Your Rights and Our Re$p.cmsibilities 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 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 ~ueslion, or report you as delinquent We can continue 10 bill you for the amount you question, including finance chargeS, aQd we can apply any un~id am9unt against Y9ur credi.lline. You do nol have to pay any questioned amount whne we are investigating, but you are 51111 obligated to pay tHe parts of your bill that are nolln 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 vou fail to pay the amount we think you owe, we may report you as delinquent However, if our awlanation does not satisfy yoU and you W1ite to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you ~uestion 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 lietween us when it finally IS. If we ddn't follow these rules, we can't collect Ihe first $50 of the questioned amount, even if your bill was correct SpeCial Rule, for Credit Card Purchases. If you have a problem with thequali!y of the property or services that you purchased with our credit card and you havelried in good faith to correctthe problem with the merchant, you may not Have to pay the remaining amount due on the goods or services. There are two limitations on .this right (al 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 purchase price must h~ve 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. Z561 "fIf! ",- - ,~ r'~'--' ,,,- -......... __'~O_',~_ ~ "'_,_,~~__ ~_ ""~"~~ ,>>. &_ ,_".. _,~~W"',"'"~_ '^Mri"',~~ . ,-,,~ ., 1"* ~~- c. ,-- "~*~".. ~ '".~ -~."'''".~''''''" H"% .. (? c::' ~ 7'\:J ~ ~\ 'n <~-" -,. \Ir--'" --,4 ~ !'\-> ~ [l~: i:"'-- .- ;-:.; ~ ~ ::=::.:-- ~ cj "'" Lei '--"' ......... ~ >R -D ~ ! --, - J:. --,- ~ --J- ~~ w ~ - I.Ij -~ --. ..! ~ ~ (=:J ~ . ~~_"~f!i!\l't~.,I!;-~~~PI!F,""-:;-~,,,g"_'fC:17"";''''''''+'I'i''~''H''iX-i!''-~'';~'-'-';""{"Fl<""'Jlil<l>J,',<""",f,~~~F'!'[l~;;:r:~!f411~l'll-,,,!,r~\It\fi'<'1i~'i;ro/-J!l'~!~~ ~>)~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROVIDIAN NATIONAL BANK Plaintiff VS. DAVID A VELOZO Defendant NO. 01-2292 ACCEPTANCE OF SERVICE I, JOHN P. ABRIOLA, ESQUIRE, accept service of the Complaint on behalf of Defendant, DAVID A VELOZO, in the above-referenced matter. DATE: 5"/1//0 / , , . ABRIOLA, ESQUIRE 9T ASHINGTON AVENUE CARNEGIE, PA 15106 .. I23 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ?\''lC~ ,< ,",.., 1,1'1 ,~~ ,,.. ~ ~ ~ .^~ -- ~~, ~ "'(.)~~ ~~'" !l!!'"~~ 11'~!>i1il'~~~lillI,. _M ~:Iilli (") co (~ c: s:: T, ,_ "Urn c , mn=i -~ ;-11 ~ Z::c ~ i"'-; Zt;: -;')f" (f)~, i~~ -<2..:: ~O v >'0 ~~ Z 0 ::r: >0 S'.' c: ~ .~ ~ -< \D -< ~"'~_~~;:"}W"\ll!>;J',""V~""<-""";'''-",,~;C;-''f',,,,W"f,'''''!'l'Hlll'''1>jIli.""'jiW!~,~*i'fM,'ri,,"~~~~ .- ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA PROVIDIAN NATIONAL BANK, CIVIL ACTION Plaintiff, No. 01-2292 v. PRAECIPE FOR APPEARANCE DAVID A. VELOZO, Filed on behalf of: Defendant Defendant. Counsel of record for this party: ZAN IVAN HODZIC, Esquire Pa. ID #25006 HODZIC LAW OFFICES LLC Suite 308 11 00 Washington Avenue Carnegie, PA 15106 (412) 429-9520 (412) 429-9541 FAX OurFi1eNo.101-0604Z ;'t>;"'"- .- , 7'" '., ,. "'"~,'.'- ^~, "-,, ,"" , IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK, CIVIL ACTION Plaintiff, No. 01-2292 v. DAVID A. VELOZO, Defendant. PRAECIPE FOR APPEARANCE TO: Prothonotary Kindly enter our appearance on behalf of the Defendant, David A. Velozo, in the above- captioned matter. --- HODZIC LAW OFFICES LLC o /~~:~"_:~ Counsel for Defendant "{'c~"-;'?f''!>'wr,~~_ - ~ __~ ',_] ,-'II < ., ~~ """ . CERTIFICATE OF SERVICE It is hereby certified that a true and correct copy of the foregoing Praecipe for Appearance was served, via fax, this 6th day of June, 2001 as follows: Valerie Rosenbluth Park, Esquire Park Law Associates 2S East State Street, Suite 101 Doy1estown PA 18901 ~- ~---------- an Ivan Hodzic, Esquire ;"""'''-~''''-',.p' :'~~-"=l , < ,. ,--, .~ .-' ~, !5~ --- !._~ "~ ~- ~ ~~~ ~, ~-"-~< > I" ~. ~ ~1~llilllej!j.jiJl"!lI1!'~ll~lPl'ii~1"lm't"~!ll'j~~!lIf~l!;,!~Il!!IlIH"''1.t!!!1fl:;;V,,!<F"WV.g-;;"''''N"'' '.,-;,-,,,,'-;], g ".. -0(0 n1rTt -:74-. zC:: ~~? ~C) j?- () 20 $c:: :;::: ::< o - ~ - ;;C -,. o --;I ___1, ~ -',.. .---',-' :~_i,~~_1~ ,\~~ '~-;t) ;'-';:; rr.l ,J -~ 55 -< '2 ()1 N ---'_-"'~'il"~i_~~,"",f't~~?,!!lil\:-'~1"f;!~~'~'::"ic#'Q'i".~~i\'li1;tTf'1'1l;&1k,,~}!l VALERIE ROSENBLUTH~F~K ATTORNEY I.D. # 72~4 PARK LAW ASSOCIATE$ P.C. 25 EAST STATE STR~T, P.O. BOX 1779 DOYLESTOWN, PA lSJ01 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS DAVID A VELOZO Defendant NO. 01-2292 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended upon payment of your costs. PARK LAW ASSOCIATES, P. BY: VALERIE ROSENBLUTH PARK I7