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HomeMy WebLinkAbout01-2293 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 COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS. KEVIN M YARNEVICH Defendant NO. tJl- ,lJ93 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. --'<;':'''-'~''''-'''F"T_~'''''~~_ililU'i' '-''''' II'" """~~ f- 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#:4428000975026382 COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS KEVIN M YARNEVICH 333 CHARLES RD MECHANICSBURG, PA 17050-3006 DEFENDANT /1 -.n-r~ NO. 01-.] ,29.3 ~ 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, KEVIN M YARNEVICH, has a mailing address at 333 CHARLES RD, MECHANICSBURG, PA 17050-3006, 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 4428000975026382. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ., "': ='v"""'_','m,,_ - . , ""~~ - 1 <"" "I ~~";""I- I '1' 4. The Defendant requested an account, account number 4428000975026382, which is owned by the Plaintiff, and an Account Agreement was sent to the Detendant. 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 $22,044.23 as of 12/29/2000, 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 $3,747.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $22,044.23, plus pre-judgment interest at the contractual rate of 21.90% per annum from 12/29/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $3,747.00, 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. "!---~""'"";"->C-~ ~~,= _ , = -"~-,"" - = , , ^''''--r'r 1 '1-1 '~__n "~=.o - . 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 dr 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 $22,044.23, plus pre-judgment interest at the contractual rate of 21.90% per annum from 12/29/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $3,747.00, 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. 'ir';'=~'_"^'''T''''"" om ..,...,..~"'"""" Ir I I VERIFICATION I, HEATHER KOOREMAN , declare that: I am a designated agent of PROVIDIAN NATIONAL BANK, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in f California. Date Designated Agent ~~-'-~~---"""""-iT',,,,_<\,T'" ,>k,_,_ _"..., ~ 1'1' ,_ ~ "' C' ...,..". - ",,"'1 "'r~ I~PROVIDIAN ~' Financial <~ ~ ".. '. I, , J/( '.' , " , ,;( " , , ,\ ~........~........w ."",~ EXHIBIT It <--~--_.<~ Providian National Bank VISA<< or MasterCard<< Account Agreement for Kevin M Yamevich November 30, 2000 Please review this dO.cument and kee~ it with your other important papers. This Account Agreement contains the terms which gQvem your Providian National Bank VISA or MasterCard Account the "Account"). The Account allows. you .to l1)ake purpha.ses by using your VISA or MasterCarlj card the "Gard") wherever it is honored and to get cas . advances from us or any other participating financial Institution and from Automated Teller Machines. donvemence checks may also be provided to you as an additional way to use the Account. In this Aareement, "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 it~ assignees, as listed on your billing statement. The Account may be used only for personal familyhousehola, and chantable pUlposes, and not for any bUSiness or commerCial purpose. Any use of thiS Account shall constitute accepfance of t/1e terms of ltiis Agreement. You and we agree as follows: Payments. You will.receive a monthly statement showing your outstanding balance. Payment on this Account is rljquired in U.S. dollars (checks must be payable at a U.S. offIce 01 the bank the check is drawn onl.for at least the payment due as shown on your statement by the payment due dale iQ accordance with P!1yment InstruCtions on your monthly statement. The back 01 your statements shows the rules we lollow when we ppst payments. Convemence checks and otHer checks we' issue to you ml!Y not be used to make payments on your Account or to make paYJT1ents on any other account you have with us or our affiliates. The pay(l1eht due wiil be: 2% of the.new balance shown on your statement plus the amount of any past due paymant, anlj may includil the.amo~nt by which the new oalance exceeds your credit line. However, the payment due Will not be less than $15 (unless your new balance IS less than ~15, m which case the payment dliie will be the amount of the new balance). II your Account is past due or above 'the creait line, we may require a higher minimum P8Yl!lent, but we will :notilv you belore doing so. II your payr.nent is more than the payment due it Wil,l be treated as a siQgle payment.aQd none of it will.be applied to future paYmentS aue. We may accept late or partial payments, or paymenfs marked 'paid In full" or marked With other restnctlons, Without lOSing our right to collect all. amounts owing unaer this Agreement. Finance Char!!.es. Except as described in the Grace Period for Purchase Balance section 01 this Agreement finance charges bagin to accrue on a dabit when it is incluaed in one 01 your daily balances and continue until that balance is reduced by a payment or creait. Your Account has the lollowing balances: The Purchase Balance which consists 01 your existing Purchase 8alance and new purchases you make with your Card and lees for certam optional seMces; one or more Custom Cash Advance 8alances. which consists 01 balances that you transfer to your Account using balance transler checks and balances that we tranSfer Tor you; ana me vasn Aovance Balance which consists 01 all other cash advances and cash aOvance transaction fees. Any payment amoUnt we receive that exceeds me llnance cnarges ana lees then due will ordinarily be applied first to the Balance with the lowest Annual Percentage .Rate (APR), until that Balance is zero, and then fa the Balance with the next lowest APR, uhtil that Balance is zero, and then to any remaining Balance. -We reserve tlie right to apply payments differently without lurther notice. The Purchase, Custom Cash Advance, and Cash Advance Balances are reduced by payments as 01 the daterec.eived, and by credits as 01 the date posted. Purchases are Included in your Purchase Balance as of the date made. Custom casti advances are Included in your Custom Cash Advance Balance as lollows: funds electronically transmitted to other lenders to transfer balances, as 01 the date transmitted; cheCKS to transfer balances, as 01 the date presented to us. Other casli advances are included in your Cash Advance Balance as follows: cash advances from other financial institutions and through Automated Tellers, as 01 the date made; cash advance checks made payable to you that are identified as cashiers checks and mailed to you at your request, as 01 seven days alter the date we print on the checiS all other checks, as 01 the date presented to us. Other debits are included in your Purchase, Custom Cash Advance or Cash Advance Balance as 01 the uate posted. Finance charQlls are added to your Purchase, Custom Cash Advance, and Cash Advance Balances each day and are then posted on the last day 01 the billing cycle. -rhere is no grace period for custom cash advances or other cash advances. To figure the daily linance charge lor each j.ype 01 Balance, we start with your previous day's Balanceij add all debits and subtract all credits lor the current day and multiply the net a(l}olIDt by the applicable daily penodic rate (see following parag(9phs). The mance charge lor each type 018alance is then added to and included in that daY s Balance. We treat a credit balance lor any day as zero. We determine the totallinance charges on balances lor the billing ~cle by adding together tlie finance charges for each type 01 Balance for each day within the billing cycle. In calculating linance charge_s, an adjustment win be made for any tiahsaction or payment that would have affected the finance chame calculation in a prior billing cycle nad ilbeen posteo in thaI qycle. The llPPlicaqle daily periodic rate lor 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 lf8nsaction. Your statement includes an average .daily balance for each tvoe of 8alance. You can multiply each average daily balance that is not zero by the number of days in the billing wele and the periodic rate to obtain subtotals,,- and then add the subtotals together to defermine your total finance charges on balances for the billing cycle. If a cash advance transaction fee is charged, mat amount is also a finance cMrge. The term 'Prime Rate" as used in the Agreement means the.highest prime rate published in the Wall street Journal on the first business day 01 the previous palendar month. Any. increase or decrease in lhe Annual Percentage Rate will take effect on the tlrst day of your billing cycle and may result in a slight Increase or decrease In the amount of your mlmmum payment. The ANNUAL PERCENTAGE RATE IAPR) lorpurchases may varY and will be adjusted each billing cycle to 7.65% above Prime Rat~_butwill in no event bao less than 15.9%. Using this formula, the APR for purchases in the November 2000 billing cycTe IS 17.15%, corresponding to a uaily periodic rate of .04699%. Yo. u can arrange to have a variable APR lor custom cash advances that is lower than the weighted average 01 the non-introduct01Y APR you have been P<lying on the total balances you ha'iEUransferred lrom other credit card, retail, and installment accounts provided your other accounts were open in November 2000, In i;;!ICUlating this APR we will take into account the APRs on the credit account balances you have transferred from other lenders. This APR IS .availabltl only If you provide proof, in the 10t]11 Of. copies of. your m9l?t recent billing statements, showing your other non~ntrod.uctory APRs. Your new APR Will be vanablsj basa<:l on Pnme Rate and Will take effec. t In the billing qycle follOWing our review 01 your !<fQOlA bYlJl9t earll!Of than the end 01 your courtesy period.' If we do not receive such proolyour APR for custom cash adii1l/lces will be as follows: T~e ANNU L PERCENTAGE RATE forcuslom cAapsh adVances may vary, .and will be adjusted each billing gycle to 5.55% above Pnme Rate, but will in no event be less than 14.05%. Using this lormula the R lor custom cash aClvances In the November 2000 Dilling cycle is 15.05%, corresponding to a daily periodic rate 01 0.04123%. ' The ANNUAL PERCENTAGE RATE lor cash advances is 21.9%, corresponding to a daily periodic rate 01 0.06000%. If we receive your Account payment late 2 or more times in any 6-month jJeriod, on each such occurrence we mllY increase the APR lor purchases up to a maximum of23.90~ (corresponQing to a daily periQdic rate 01 0.06548~1 and increase. the AP~ lor cash adVances and custom cash advances up to malOmum of 23.90% ,.(colT!'sp.ondlng to a dally penodic, rate of 0.06548%). I after you receive the h19h~r rates your Payments are received on time and you meet all other terms ol,thls Agreement.for 3 consecutive months, you may contact our Customer saMce departmenf and, at your request we will reView your Account lor a pOSSible APR reduction. ' Grace Period lor Purchase Balance. New purchases posted to your Account In billing cyoles with no P.l:8Vious 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 nexfbilling cycle. You will pay no ilnance charge on such new (Continued on rev6lSe) (5846-0698) 4428000975026382 0184 5612561 Y~~~!l~~~~~~'~r""1"""", 'r~JIIII!lI!!III!MI'!~,""",!"l! ,~!~ ~ purchases if you pay the total new balance in full by the payment due date shown on your stat~ment. New purchases posted in any other biiling cycle incur' a finance charge, and there is no period in which such purchases may be repaid wilf10ut incumng a finance charge. Fees. We may charge your Account $0 for: each Card you ask us to; I"llplace; each retullled payment; eac~ ch9(lk you write on your Account that. we return unpaid; each stop pqyment order or renewal of ~uch an ord~r; each bllllnlJ cycle wllf1ln w.hlch your Account IS dellnqu~nt (late. cJlarge); and each billing cy.cle within which your liarance exceeds your credit line (overllmlt fee), ev~n if your Account IS closed. If you request copies of billing statements .lf1at were lire! sent to you more than If1ree months earlier, we may charge a Handling fee of $2 for each such copy. If you request lf1at .we m~ke a one-tlm.e !Iytomatlc payment from your personal checking account we may charge your crealt card account a fee of $4.95 for each request. ThiS fee IS a FINANC!: CHARGE, ana it will apply regardless of whether funds ale available in your personal checking account to make lf1e payment. We may pharge a transaction fee Qf 3% (minimum $5), which is a onll;time FINANCE CI:IARG~, on lf1e ~n)ount of eac,h cash advance, including cash from financiallnstifulions, and A TMs, Wire transfers, money orders, lottery tickets, casino gaming chips, and similar transactions. Default. You will be in default: if any infolTl]ation you provided us p'roves to be incqmplete or untrue; i.f.yoU do not comply \Vi1f1 any pa~ of lf1is Agre.ement; up,gn your dealf1, bankruptcy, or insolvency; If Y.9U qo not pay olf111r cebts when due; If a ba,nkrup.tcy petition IS fillld by or against you; or If w~ believe In good faith that you may not pay or perform your olillga,tlons yhcfer If1ls Agreement. If you are In default we may, Wlthoul furllier demand or notice, cancel your credit priVllelJes declare your Account balance Immediately due and payabl~ and use any remegy we milY have. In the event of your default, the outstailding Dalance on y.our Account shall continue to accrue interest at \he APr<.(s} disclosed In the Finance Charges section of lf1is Agreement, even If we have filed suit to collect the amount you owe. Credit Line. Your credit line is specified from time to time in a separate notice. Your monlf1ly statements show your credit line and the amount of your available credit. We may increase or decrease your credit line based on information we obtained from you or your credit records. Your available credit is normally lf1e difference between your credit.line and your Account balance (Including transactions made or authorized but nQt yet p'osted). If you send us a Iljrge gaYTnllnt check, we may limit your available credit while we ccnfirm 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 wouid cause you to exceed your availalile credit. Promise 10 Pay. You promise to PIlY us wDen due all amounts borrowed when you or someone else use your Account (even if the amount charged exceeds your permiSSion), all other tfansactlons and charges to your Acc,,;'.""- . 3nd 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 rease''''',,, }:tomey's fees and court costs.) Chanlles. After we P.[9Vide you any notice ~red bylaw, we may change d'" Hart of this Agreement and add or remove l"llGUirements. If a chan~ is made 10 the RnSlnce Charges section of this Agreement, the new finance cHarge calculation will ap'ply to your entire Account balance from the effective cate of th.e change. Chal1!les Will apply to balances that include items posted to your Account before the dale of the change, and will apply whether or not you continue to use the !';ccount. Foreilln. Exchange/Currency Conversion. If you use your Card for transactions in a currency other than U. S. dollarsL \!1e transactions will be converted to U.S. Oollars, generally using, either a (i) goyemment-mandeted rate or (ii) wholesale market rate in effect the dey ""fore the transaction is processed, increased by lhree percent (j'\{,). If a credit is subsequentiy given for a transaction, it will be decreased by 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 Card. You agree to accept t1ie converted amount in U.S. dollars. The Card I' Cancellation. You mf!Y cancel your credit p'rivileges at any time by notifying us in writing and destroying the Card(s). Upon the Card e)<piration at the end 0 the month shown on it, we reseNe the right not fa renew the Cara: We may cancellf1e Card and your credit priVileges at any time aftiir 30 days notice to you or without notice if permitted by law.Tf your Card is cancelled or not renewed, finance charges and other fees will continue to be assessec, payments will continue to be due, and all other applicable provisions of lf1is 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 Issuecfto you. Personal Information; Documents. You will provide us at least 10 gays notice if YOU change your name, home or mailing add~ss, telephone numbers, emplovment or income. Upon our request, you will provide us additional financial information. We reserve the right to obtain Information from others, includi11g credit reporting agencies ani! 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 you dO not fulfill your obligations under this Agreament, a negative credit report that may reflect on your credit maybe submitted to lf1e credit reporting agencies. Customer Seivice; 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 Personalldentificalion Number ("PIN""which provides access to Automated Teller Mac.hines) and any che. cks issue. d to you 1romltleft, and keePin~YOUr PIN SllJlC!!a!e from ~ Card. If you oiscover or SUWec\ lf1at ypur Card PIN or allY unused checks are lost or stoien or that there It1IlY be an unau orized transaction on your Account, you will prom tly notifY us by caning 1-800-933-7221. So we can immediately act to Iimi! losses and Iiablll% you will p. one us even though you may also notitv us In wriHng; You will not be liable for unauthorized use occurring before you notify us of a loss or thell If you report or we suspect unaython~duse of your Account, we may suwend your credit privileges until we resolve lf1e problem. to our satislactio.n or issue you a new Card. II your Card. IS lost or stolen, you will promptly desb'oy all checks in your possession. To improve customer SaMce and secunty, you agree that your calls may be momtored or recordecf. Merchant Relations. We will not be liable if any person or Automated Teller Machine refuses to honor the Card or accept your checksh orfails to return the Card to you. We have no rl!w.Qnsibilitv for goo1:lS and services purchaSed with the Card or checks except as ~ired by law. (See "pecial Rule below.) Certain lienefitslf1at 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 selVlces you choose to use. Slop Payment Orders. II you wish to stop payment on a check, you may send us a stop paytllent order by writing to us at our address for customer SaMce listed on your statement. You can make a stop p'avment order on;llly by. calling the numlier listed on your statement. When YOU make a stop payn)ent order you must providil your Account number and ~eciffc information about the check: the exact amount, the date on the check, the name of the pa!'lY to whom il was payable, the name of the person who signed it, and the check number. You will be asked to confirm an oral stop' payment order in writing. . We may disregetii:d youf~.?ral order if we do not receive a signed written confirrnation within tw9. weeks after the oral order, or II we have not received an adequate descnP'theonordero ",e item so thatpaYlll~nt can be stopped. The order will not be effective If the check was Pilid by us cefore we had a reasonable opportumty to act on . We may, withOUt liability, disregard a written stop payment order six months after receipt urilessitis 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 tran~acltl ions are consolideted P.Y us, and because not every check and Card slip, will be sent to us, transactions in your Accouht will be, processed mechamcq y witl)out our necessanly reviewing everY item. Our p'rocessing system will cail our attention to certain items which we will examine' We will examin~ all tran!l9ctions when you ~ort lf1at your Card or checks have been lost or stolen. We do not intend ordinarily to examine all. items and wewill not be neallgent if we do not do so. This rule establishes the standard of ordinatV care which we in good faith will exetcise in administarloo yO\Ir .Account Bheeau1;Eibeof ourflimited review, and because neither your canceiled ch'ilCks nor C"ard transaction slips will be returned to you with the monthly statement, you s ould care ul 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 agree to check your monthly statements against your record and to notify us immediately of any unauthorized transactions or errors. . Waiv~r of Certain Rig~ts. We !!lay delay or waive enforcement of any proyision o.f this Agreement. without losing our right to enforce it or any other pro. VISion lat~r. You waive: the nght to presentment, dE!.manQI 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 llie SUI agalns< you. ' Applicable Law; Severability; Assignment. No matter where you live, this Agreement and your Account are governed by lederal law and by New !' 'T '''''.t''l>" ~ _~~ ,~ _ ~_~ ,. ,,~ I ~I . - <. .,,\'~ -.~ , i~~ -1~t lit; PROVIDIAN '...:..=:Y Financial ..~.~~~...~..~~~~~~ Hampshire 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 confonn to applicable law, and the rest of the provisions In the Agreement will still be enforceable. At any time after we detennine in good faith that any proposed or enacted legislation, regulatory aClion, or judicial decision has rendered or may render any materiai provisions of this Agreement invalid or unenforceable, or impose any increaselftax, reporting ~uirement, 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 pennitted by law, cancel the Card and your Credit privileges. We may transfer or assign our right to all or some of your payments. If st;lteJaw requires that you receive notice of such an event to protect the purchaser or assignee, we may give you sucll 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 ,t(greement or by law, which period shall start upon mailing. NODce to us shall be mailed to our address or 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 infonnation about your rights and our responsibilities under the Fair Credit Billing Act. NQtify Us if! Case of Errors or Questions About Your BiII_ If you fhink~our 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 doinQ so will not preserve your rights. In your letter, give us the following infonnation: - 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 infonnation, describe the Item you are not sure about. If you have authorized us to p.ay y. our 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 to occur. ' Your Rights and Our ResP9Ilsibi/ities 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 quesuon, or r8Rort you as delinquent. We can continue to 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 whne we are investigating, but you are sli11 obligated to pay ttie 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 y.ou may have to pay finance chao rg. es, and you will.have to make up .the missed payments on 1I1e questioned amount. In either cas~, we will send you a statement of the amount you owe and the date that It IS due. If you tall to pay the amount we think you owe, we may ~rt you as deh~nt However if our. ejwlanation does not satisfy Y.ou and you write to us within 10 days tening us that you still retuse to pay, we must tell anyone we report you to that you question your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled tielween us when it finally is. If we don't tollow these rules, we can't collect the first $50 ot the quesnoned amount, even if your bill was correct Sp~c!~/ Rille for C~dit Card Purchases. If yo~ have a problem with the quality of the property or Services that you purchased with our credit card and you have)n.ed.1n good ta.lth '0 correct the problem With the merchant, Y04 may not nave to pay tl)e rem~lm.ng amount due on th~ 9900s or services. There are twQ limitations on thiS n,ght: (a) ~ou mus.t have made the purchase In your home state, .or Jf not Within your home state, wltfiln 100 miles of your current m~lhng addrhess; and .(b) the purchase pnce must h~ve been more than $50. These limitations do not apply It we own or operate the merchant, or if we mailed you t e advertisement for the property or selVlces. ZS61 ;:F'''<~'-'O''''.""," ~ .- -II "'~ ~- --- /""" ":Yf":!~~~"I'" _1; '\.:'; )':1"....".; ~ Complete thla short form and ret.u.m It in tile pootage-paid envelope provided, '~es?;~~~~~~O~~~C?e~~tS;J~!!~~:;count! Ilia... nlIld!be _ on tile bodcol!he bmchure.lagree 10 be bound by !he Aa:wnt Agreement (which wlII be mailed 10 me l>lfolemy VlSAaud is Issued) lWIlo .ypriPdpaJ, inlEreSl, lWI_ then!oJ1, e>oll!pt that 1 wiIll1aVll no obligaIlon If 1 return the card!$) lWI d1ecl:s unused lWI ClIIIOlI my aolOUIllailer ~ IheMcow1tAp'eemellt. tl33099t'8 Kevin H. Yarnevich 7120 Old. Castle Drive Fayetteville, He 28314-5226 1..1.1I..llIlllllldl.I..I.I.....I.IIIM.III1..I.IIIIIIII.I.1 2750N1 IC3A2 GY209 Kl'EI K!'JR ODHD QGCD ARC!' 10- 750-1140'1-1104-9 -... ....... Thlsinvllallonexpites: December 9, 19'36 ~~~~~J1ft~jL ~ IN_~ -L!LD--5L-2-- ~2-Xt- SodalSeeuzlty N......... (910) g(,'-/-OC9;). WoW-_!'hone (C)JD) 31oo -38'88' Home !'hone , '-)d. lDnG AunuaI__ Reference Number: 190485284 : 3861 : 96 : 20 : 190485284 :4428000975026382 Box Year Batch SSN Account # No Annual Fee . $20,000 Credit Line . lowe$t Rales Starting at 0% . .UAUNDID SAYINGS tfT~+ ll_Moaur _Vlaol'loaldenl Ctedlt Pmledkln Plan (Opti1)oal) ns,l would Illo:e to help pn>tect my VlSAGold _t lWIcred:ll ralil1g WIth tile opticmal Credit f'roIectlon PIaJ1 dacrlhed on !be enc:\ooed 1Il"'l" YES . --..- 750-11407-7104-9 UVl% . LLWRIGH -. Pl1d- - -- I~~'~~" If JllIlL ". ~ 'c ""_ "~'c~. .,~~- ~~ -''',''''~''';."k'' ""<,~^-~" "n_o_ ~ 0 $ ~ . I .\1::- *- '" " ~ ~c::! '- '.\S ~ ~ ~ n -<:: "- ~ ~ <~.".~ ~ --.. C") 0J C') v-.....t- [,~ .-} SS <~". ~ d ;:: ~.::::~ ,~~ t...~ s;c....... 1 ~];5 ~~ ::(i ~. <:-- $:> ~ ~ v ,~ ,~)~l!> h'-:J ;",,',) "! '...() _1 i ,_ ." ~ ~,) ;';' ~'> ":', =< t4!~;l'lWIll!Vl~~.fi,*'~~~"'<WI1'F!;P-,.';""';;:'f:iW':''!!i'!~''''!''''-''f'<~';''''':'",";"N'm'f;'J"~~"fffi~%~'"'~'*"rm;i'MliOOr~~'1!lIii~' .. 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) 34B-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS. DEBORAH TUBBS NOTICt NO. 0)- ~;)'9:> 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) 990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. "1'*1'f'1c"1';';''''''''''',!,!L_ ~-'". "'~_" 1-1- ~ .. 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#:5418255001065304 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS DEBORAH TUBBS 221 MEADOWS RD NEWVILLE, PA 17241-9769 DEFENDANT ,,/ /> -"n "/~ NO. 01- ;2.275 LA.>><--< CIVIL ~CTION 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, DEBORAH TUBBS, has a mailing address at 221 MEADOWS RD, NEWVILLE, PA 17241-9769, . 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 5418255001065304. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1"tt=.",,"W':.,~._~~~ '"_ "->T~ II - ,~ "~"'"' . 4. The Defendant requested an account, account number 5418255001065304, which is owned by the Plaintiff, and an Account Agreement was sent to the Defendant. A copy of the Agreement is attached hereto as Exhibit "A" and made a part hereof. 5. The Defendant has failed to pay the amount owed in accordance with the Account Agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $4,175.56 as of 01/18/2pOl, plus pre-judgment contractual interest at the rate of 21.99% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $709.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $4,175.56, plus pre-judgment interest at the contractual rate of 21.99% per annum from 01/18/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $709.00, 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. ,,'""t~~.<Wl'\^;'_"'_'_'~ ''''"'''''" . ~I-I f" .. and/or knowingly and voluntarily accepted the benefits bestowed. 12. It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $4,175.56, plus pre-judgment interest at the contractual rate of 21.99% per annum from 01/18/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $709.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY'~ VALER 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 T~IS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILu BE USED FOR THAT PURPOSE. ,~~.~. !,_,n_ _. - \ """"'IT! # VERIFICATION I" HEATHER KOOREMAN , declare that: I am a designated agent of PROVIDIAN NATIONAL BANK, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in f California. Date Designated Agent ~~~ =-"-_.,~,- f .. ' , . ~ ~I I 1-" ..'i\~" ..,~ ~PROVIDIAN Financial ~~.~...~~~.~..~~~~- . ~V:HI Bn'_.__n_.,jL~~o Providian National Bank VI SA@ or MasterCard@ Account Agreement for Deborah Tubbs December 26, 2000 Please revie.w.thiS docl!ment and keeRit with your other important papers. This Account Agreement contains the terms which gQvem your Providian National Bank VISA or MasterCard Account the 'Account'). The Account allows you to make purchases by using your VISA or "MasterCard card the 'Card') wherever it is. honored and to get cas advances from us or any other participating financial institution and from Automated Teller Machines. donvenience checks may also be p'rovided 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 Cll!. dit card Account. 'We," 'our," "ours a' and 'us" mean Providian National Bank or its assignees, as ijsted on your billing statement. The Account may be. used only for ~nal famlIY,,!lousehol ,and charitable purposes, and not for any business or commercial purpose. Any use of this Account shall constitute acceptance of the terms of lflis Agreement. You and we agree as follows: Paymen. ts. You 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.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 dale iQ accordance willi payrTIe[\t instructions on your monthly statement. The back of your statements shows the rules we follow when we P.9st payments. Convenience checks and otHer chec. ks we issue to you may not be used to make payments on your Account or to make payments on any other ~ccount you have with us or our affiliat~. The payment due win be: 2% of the new balance sHown on your statement plus the amount of any past due payT)1ent, and may include the amount by Which the new belance exceeds your credit line. However, the p;lyment due will not be less than $15 (unless your new balance is less than $15, in which case th~ payment due will be the amount of the new balancel. If your Account is past due or above lhe creait 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 will be applied to future payments.cue. We may accept late or partial payments, or payments marked 'paid in full' or marked witn other restrictions, without losing our right to collect all amounts owing uncer this Agreement. . Finance Charges. Except as described in the Grace Period for Purchase Balance section of this Agreement finance charges begin to accrue on a debit when It is incluced in one of your daily balances and continue until that balance is reduced by a payment or credit. Your Account has the following balances: . The PurchaSe Balance which I10nslsts of your existing Purchase Balance and new purchases you make with your Card and fees for certain optional serYICeS; one or more Custom Cash Advance Bala~ces, which consists of balances that you transfer to your Account using balance transfer checks and balances that we tranliler lor you; a.no Ihe \,;asn A vance Balance which consists of all other cash advances and cash aClvance transaction fees. Any oavrnent amount we receive that exceeds me lInance cnarges am fees then due will ordinarily be llPDlied first to the Balance with the lowest Annual Pei'CehtageR&te (APR1, until that Balance is zero, and then fo 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 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 transfer balances, as of the date p'resented tQ.us. Other casli advances are included in your Cash Advance Balance as follows: cash ~dvances from other financial institutions and through i\utoma~ed T ellers, 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 [!lq~esl; as of seven days after the dete we print on the chec~ all other checks, as of the ,date presE;lnted to us. Other debits are included in your Purchase, Custom Cash Advance or Cash Advanc~Balance as of the uate posted. Finance charQ!ls are added to your Purchase, Custom Cash Advance, and Casli Advance Balances each day 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. I To flgu. reo the.deilY finance charge for each !ype of 8alance, we start with your previous day's Balancell add all debits and subtract all credits for the current !laY and multiply the net amol![1! by the applicable daily pen odic rate (see following parag~phs). The Inance charge for each type of Balance is thE;ln added to and included in that day's I:lalance. We treat a credit balance for any day as zero. We determine the total finance charges on balances for the billing Cye. Ie b.)~ adding together tlie finance charges for each type of Balance for each day within the billing cYcle. In calculating finance charges, an~liustment win be 11)\. ade for any tilIn~ction or payment lf1at would have affected the finance charge calculation in a pnor billing cycle fiad it been posted in a1 cycle. The ~,Icat\le daily periodic rate for Such a transaction will be the rate in effect for Il1e current billing cycle rather than the rate in effect on date of the ttansaction. Your ~tatem~nt includes an average daily balance for each tvoe of Balance. You can multip.ly each average dailY balance that is not zero by the number of days In the billing 9Yole and the periodic rate to oblein subtotals'L~nd then add the subtotals together to defermine your total finance charges on balances for the Pilling cycle. If a cash advance transaction fee is charged, "Rlt amount is also a flnance cf\arge. The. term 'Prime Rate' as used in the Agreement means the highest prime rate published in the Wall street Journal on the first business day of the previous calender mqnth. 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 c!lecrease In the amount of your minimum payment. The Jl\NNU~lPERCENT AGE RATE (APR\ for_llILrchases may vary and will be adIusted each billing cycle to 12.24% ebove Prime Rate but will in no event ~ob'lfg~~~n 19.99%. Using this formula, the APR for purchases In the Decembilr 2000 billing cycle is 21.74%, corresponding to a daily periodic rate of The ANNUAL PERCENTAGE RATE for cash advances is 21.99%, corresponding to a daily periOdiC rate of 0.06025%. If w6.I'eI:.. ,eiVEl1fl. Qur ACC.O. unt payment late 2 or .more ~mas in any 6-month period, on each such occurrence we may increase the APR for purchases up to a m8)j!murn of 2~;30% (correspon9lng to a qally Panqdlc rate Of 0.06384%1 and Increase. the AP~ for cash advances and custom qash advances up to m~ltmullfT! Oh! 2~.30% CQon:esp'o. ndlng to a dally penodlc. rate of 0.06384%). II after you receive the hjght\r rates your payments are received on time and you mea ^'!.l ot ar,..telTl1$. Of,.thlsAgreement,for 3 consecutive months, you may contact our Customer saMce department and, at your request we will reView your "",:"ouiJ- or a possible APR reduction. ' Grace fleriqdJor PUrchase Balance. New purchases posted to your Account in billing cycles with no p'revious balance or when the previous belance was fuIlY:.[l~I~ d~ling the cyt;le, do not begin to IQcur a finance charge until the start of the nexfbilling cycle. You will pay no llnance charge on such new PU.~l!!ll<;lsas rryou payd' .thl e.lolljl new b~lance In full by the payment due date shqwn 9n YOur statament New purcliases posted in any other billing cycle incur a ,1l18nC\l c, ~rge, an there IS no period In which sUch purcl1ases may be repaid WIthOut Incumng a nnance charge. F.: .' We may' charge your Account $0 for. each Card you ask us to raplace; each retumed payment; each check you write on your Account that we retum UQP3rq; eacl) stopp~yment order or renewal of ~uch an ordE;lr. each billi~g cycle within w.hich your Account is delinquent (late charge); and each billing c'lcle Wllh!~~WQ.ICh !your Ca.1 ance exceeds your qredlt line (overilmlt lee), eVan If your Account IS closed. If you request copies of billing statements that were 'first sent"" YOU \lIore lhl!n three montl)s earlier, we may charge a nandling fee of $2 for each such capy. If you request thllt we make a 9!le-t\rnil auto))ljltic pa~ten)llfromlyour personal checking account, we Il).ay c~arge your crealt card qccount a fee of $4.95 for each request. T his fee IS a FINANCE CHARGE . . anu I WI app y 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 CHARGE, on the amount of each cash advance, including cash from (Continued on reverse) (5846-0698) 5418255001065304 1529 581 Z561 "11~1f1i'!I~rf1'llf'1';"1"'''I''l!'''''''~'d ,.e, .' "~'r' ~-""1~1\lI1~1_I"I1~r!IIlI..,.,~.~," f I ._~~ -.-- . financial institutions, and ATMs, wire transfers, money orders, lottery tickets, casino gaming chips, and similar transactions. Default. You will be in default: if any infonnation you provided us Rroves to be inco.mplete or untrue; [f.Y04 do not comply Vlith any par:! of this .Agrellment; upon your death, bankruptcy, or Insolvency; if Y.9u qo not pay othllr (jebts when due; If Ii b!\nkrup.tcy petition IS jillld by or against you; or If WE( believe In good faith that you may not payor perlonn your o15llgatlons uhcfer thiS Agreement. If you are In default we may, Without furtlier demand or notice, ca. ncel your credit priVileges, declare your Account balanc.e immediately. due and payable anq use any rem'2.W we may have. In the e~ent of your default, the outstanding I5alance on your Account shall conlinue 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 oredit line is specified from time to til1)e,in a separate. notice. .Your mont~ly statements show your qredit line and the a!)lount of YMr available credit We may increase or decrease your credit line based on Infonnation we obtained from you or your credit records. Your available crealt IS nonnally the difference between your credit line and your Account balance (inoiuding transa~tions made or authorized but not yet p,osted). If you send us a ~e ~ment check, we may limit your available credit while we confinn lt1at thE( check Will clear. For certain transactions, avatlaQle credit may be less. You Will not use your Accoun[for, and we may refuse to honor, any transaction which would cause you to exceed your available Credit. Promise to Pay. You promise to pay us when due all amounts borrowed when you or someone else use your Account (even if the amount charged exceeds your pennlssion) all other liansactions 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 attomey's fees and court costs.) Changes. After we Rrovide you any notice ~uired by law, we may change any part of this Agreement and add or remove requirements. II a change is made 10 the Finance Charges section of this Ag.reemen~ the new finance c~arge calculation will apply to your entire Account balance from the effective (jate of the change. Chan.lles WIll apply to balances that include items posted to your Account before the dale of the change, and will apply whether or not you continue to use the Account.. . Foreign Exchange/Currency Conversion. If you use your Card for transactions in a currency other than U.S. dOllarsbthe transactions will be converted to U.S. dollars, generlllly using, either a (i) govemment-mandated rate or (ii) wholesale market rate in effect the day efore the transaction is processed, increased by lllree peroet)t (;j%). If a credit is sub~ently given for a transaction, it will be decreased ~ the same percel'!~. The currency conversion rate used on the conversion date may differ from the rate in effect on the date you used your Card. You agree to accept tl'ieconverted amount in U.S. dollars. .' . The Card; cancell~.on. You may cancel y.ourcredit Rrivileges at any time by notifying us in writing llnd destroying the Card(s). Upon the Card e)<piration at the end OJ the mon shown on it, we reserve the rig~t not to renew the cara. We may cancel the Card and your credit privileges at any time after 30 days notice to you or wit out notice if pennitted by law; If your Card is cancelled or not renewed, finance charges and other fees will continue to be assesse(j, 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 Issuelfto you. Personallnlormalion; Documents. You will provide us at least 10 days notice if yOU change your name, home ormailinQ. address, telephone numbers, employment or income. Upon our request, you. will provide us additional financial infonnalion. We reserve the right to obtain information from others, including credit reporting agencjes and to provide your address and information about Y04r Account to others. We may also share infonnation with our affiliates. However, you may wnte \0 us at any time Instructing us not to share credit iJJ!onnation with our affiljates. If you cfo 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. Customer Service; Unauthorized Use, Loss .or Theft of Checks or the Carel. Each Card must be signed on receipt. You are re!lPonsible for safeguarding the Card, your Personalldentifica~on NUmber!'PIN', which provides access to Automated Teller Machines) and any checks issued to you from theft, and keeping YQur PIN 5epC!rate from your Card. I you "iscover or SUWect that your Card PIN or any unused checks are lost or stolen or that there may be an unauthonzed transaction on your Account, you will promptly notifY us' by caning 1-800-933-7221. So we can immediately act to limit losses and liability... you will phone us even though you may also notilv us In writing. You will not be lIi1blefor unauthorized use occurring before you nolify us of a loss or th..1l If you report or we suspecf unauthon;zed use of your Account, we may suspand your credit privileges until we reSolve the problem to our satisfaction or issue you a new Card. If your Card IS lost or stolen, you will promptly destJ'oy all checks in your possession. To improve customer service and security, you agree that your calls may be monitored or recorded. . Merchant Relalion$. We will nolbe liable if any person or Automated Teller Machine refuses to honor the Card or accept your checks~ or fails to return the 1 Card to you. We have no resP.Qnsibilitv for gooes and services purc~ased with the Card or checks except as Illquired oy law. (See "pecial Rule below.) Certain l5e~efits 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 ohoose to use. Stop Payment Orcfers. II yoU wish to stop payment on a check, you may send us a slQp PllYment order bv writinm to us at our address. for customer service listed on your ~tatement. You can make a. $ top PI!Y~ent ord~r orally by. calling thenuml5er listed on your statehle t. . When yoU make a stop payment order\ you must proVIde your Account number and ilPeillffc Infonnatlon ab6ut the check: the exact amount, the date on echeck, the name of the Pf!!'IY to whom I wd.as pa)'ilble, .the namE! of the PlllSOn who signed it, and the check number. you will be asked to confirm. an oral stop' paY/llent order in writing. We m.ay Isregaid your oral order If we do not receive a signed written confirmation Within two weeks after the oral order, or IT we have not received an agequate descnRtion of the item so thatpayment can be sto~. The order will not be effective if the check was Pllid by us tiefore we had a reasonable opportUnity to act on the order. We may, without liability, disregaid 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 trahannsactio.ns. a.re. consolidated by us, and because not every check and Card slip WIll be sent to us, transaqtions in Y9vr ACCOUO.I.willbe p. rocessed mec icatty with04t our necessarily reviewing eve!y item. Our I<rocessing system will call our attention to certain items whioh we '1/" examine. We witt ebexamine all trans.actlons when you LIlPOrt that ypur Card or checks have been.lost or stolen. We do not intend ordinarily to examine all iterT)s and we will not B negligent if we do not do so. ThiS rule esll!blishes the standard of ordinarY care which we in good faith will ~ercise in a.dministenng your Account. ecause of ourlimifed review, and because neltheryour cancelled checks nor Card transaction slips will be returned to you With the monthly statement you should be careMto enter all checks in your check register or otherwise keep a record of them. You should also save your qredit card cash advance and ,purchase slips. YoU agree to check your monthly statements against your record and to notify us immediately of any unauthonzed transactions or errors. iWaiy~r of Certain R1g~ts. We (nay delay or waive enforcement of any provision of this Agreemenl without losing our right to enforce it or any other ,proviSion lat\lf. You waive: the nghl to presentment, demanQ\. protest, or notice of dishonor, any app icable statute of limitations; and any right you may ,have to reqUire us to proceed against anyone before we file SUI against you. i Applica~le Law: ~everability; ~signmenl NQ matter where you live, this Agreement and your Account' are governed by federal law and by New ,Hampshire law. thiS Agreement IS a final eXllresslon of the agreement between you and us and may not be contraaicted by evidence 01 any alleged oral i.al greement. If a. ny proviSion 0( l!1is Agreement is held to Qe inyalid or unen. foreeable, you.and we will consider.that provision mddifiedto.CQnform to atiblicable , a'W, and the rest Of the proVlslqns,lQ the I\greementWlII stili be enforceable, At any time after .we deter1'llIne In good faith that any p'l1iposed or enacted ! leg!$lation, regulatory aegon, or Ndlclal deCiSion has rend~red or may ren~er any malenal prpVlSIOnS of thiS Agreement Invalid or unenforceable, or impose i any Incr8llsecf tax rep,orting r:\l!1U1rement, or other burden In connection WIth any such proVISion or ItS enforcement, we may afteratleast 30 days notice to ,you, or Wlthoulnouce If pennitt~d by law, cancei the Card and your Credit privileges. We may transfer or assign our right to all or some of your paY!llents. If ,sl!lthte law re~ulres that you receive notice of such an event to protect the purchaser or assignee, we may give you suc~ notice by filing a financing statement iWl 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 'V'"'''''"'c'I'~11ll,... "J:1~''''' "~r'l -- . ~ t- {~~ 1.~1 ~PROVIDIAN Financial ~..~...~~.~...~...~ period is specified in this Agreement or by law, which period shail start upon maiiing. 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 about your rights and our responsibilities under the Fair Creelit Billing Act NolifV Us in C0iS8 of Errors or Questions About Your Bill. If you think ~our bill is wrong or if you need more information about any transaction on your bill; Write us on a separate sheet, at the address iisted 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 rights. In your letter, give us the following information: -- Your name and Account number. -- The dollar amount of the suspected error. -- Describe the error and explain, if you can why you believe there is an error. If you need more information, describe the item you are not sure about If you have authorized u. s to pay your credit card bill automatically from your checking account, you can stop' the payment on any amount you think is wrong. To slop the payment, your letter must reach us three business days berore the automatic payment is scheduled to occur. You~ Rights ill1d Our Resp!lnsibilities After We Receive Your Written Notice. We must acknowledge your letter within 30 days, unless we have corrected the eilor by th~n. Within 90 days we must either correct the error or explain why we believe the 0111 was correct Atter we receive your letter, we can~ot try to collect any amount you queslion, or report you as delinquent We can continue to bill you for the amount you question, including finance charg~s, aDd Yi,e can alll?ly any unpaid amount against Your credit line. You do not have to pay any questioned amount whue we are investigating, but you are. slll1 bbligat~d to pay ttie 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 ~tioned 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 th~ amou8t 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 ourex.planation does not satisfy you and you write to us within 10 days tening us that you still refuse to pay, we must tell anyone we report you to that you queljtion your bill. . And, we musl,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 follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct SPeCial Rule.f6r Credit Card Purchases. if you have a problem with the qualilY of the property or services that you purchased with our credit card and you ha\1ei, tri.ee)n gqod fajthlo correctlhe problem with the merchant, you may not Have to pay li)e reml!in!ng amount due on the.goods or sllrvices. There are two IlIllltations on thiS n,ght: (a) you must have made the purchase In your home state, or If not Within your home state, wllliln 100 mlies of your current mailing address; and (b) the p'urchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mail6d you the advertisement for the property or selVices. ''t''''''''<'"-'''''f'''''__*''':'_Y" II I 7~,,1 v " , :', '; _~"I!!IIIi!P ~ .- =-", ,-- ~ . '" ~,,~ .~ ~ , ~_.~-~.'-~ , ~ _~_"".~ liWIJf.iI~>"~'II!"!'6j\l!i~I~!/lf!~~~!!lMl'i!jI!,lr,:R;;,,"~~jn'Tfi"'!"'" ("^""":".,!,,,~,,. "-Yf'a":'''':H'if"",''H"-~'''-'~~~"",''fif'~~~!!i!W:''W._~<~,,,,,""''l~_,m~ 1 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. KAREN S STANTON Defendant NOTICt NO. 0/--- ,229fp 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. 'I-~(!;.-"',~,-,,,,,- - ,~,... r .. ,r"I", .... 11- , VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 34B-5200 ATTORNEY FOR PLAINTIFF ACT#:4428472756229180 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS KAREN S STANTON 235 MOBILE ESTATE SHIPPENSBURG, PA 17257-0000 DEFENDANT NO. 1')/- .;p<}(, ~ /~ CIVIL ACTION 1. The Plaintiff, PROVIDIANNATIONAL BANK, is a national banking association organized and e~isting 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, KAREN S STANTON, has a mailing address at 235 MOBILE ESTATE, SHIPPENSBURG, PA 17257-0000, . 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 4428472756229180. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. "~1I'""!t' 'F . ,." _~ ~ -> r-j> "." . . 4. The Defendant requested an account, account number 442B4727562291BO, which is owned by the Plaintiff, and an Account Agreement was sent to the Defendant. A copy of the Agreement is attached hereto as Exhibit "A" and made a part hereof. 5. The Defendant has failed to pay the amount owed in accordance with the Account Agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $13,284.23 as of 02/06/2001, 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 $2,25B.00. WHEREFORE, plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $13,284.23, plus pre-judgment interest at the contractual rate of 23.30% per annum from 02/06/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,258.00, 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. '9"'=~W1!h , 'l .,."-~ T ", I 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 of same. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $13,2B4.23, plus pre-judgment interest at the contractual rate of 23.30% per annum from 02/06/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,258.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK tAw 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. """":"l:''''''''''_''''7!'_>"".,._~_~_" ~"" ,,~ ~ c rei , I, VER'IFIcATION HEATHER KOOREMAN , declare that: I am a Designated Agent of FIRST SELECT, INC., 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 ~'~-'W""" . -~. ,"r' " 1"",- ",-, " -, I <,- ".,.~, u .~ o._~ -,,..- "~ ~'~,o.,'~~." ,C',~ -"'- - "'" ".' CO""" .,,"'~ ,~,~, -~~' 1. J :5 A OJ d:;:.:.' '. "1\-' '"' -oJ \":,1 ,-,., 1.1'::;,. . ' .., 1 ' I... i "'_ ~ i :.-" .~:.:- __".,"'_1 ''it ", ..d ~ -J1 ;,.,,'..,;.1 ~ 1ll~~",,'W~";~r.\-'lll~~jIjlllJ!-"'mi'~"i',':<'i'~_!P.<1"-~'";;:',''''--f-':'!;:i''''','-~"-'; -, ~ 1,,")'~n!;'~'W?,;m~li!jIlfj'Ji;l~~ffl~~1 .~~ \I~PROVIDIAN ~-~ Financiul ~~~......~~...~~... A EXH! BIT ---"---~~~~ Providian National Bank VISA@or MasterCard@ Account Agreement for Karen S Stanton January 3, 2001 Please review this document and kee~ It with your other important papers. This Account Agreement contains the terms which govem your Providian National Bank VISA or MasterCard Account the "Account'). The Account allows you to make purchases by using your VISA or MasterCard card the "Card") wherever it Is honored and to get cas advances from us or any other participating finanCial institution and from Automated Teller Machines. donven.lence checks may also be provided io. you as an additional w~ to use the Account. In this Agreement, 'you" and ''vour' mean each person for whom we have opened a credit card Account. "We," "our," "ours a" and "us" mean providian National BanR or its assignees, as listed on your billing statement. The Account may be usedonly for pl!rsonal, famllY'chousehol , and charitable purposes, and not for any business or commercial purpose. Any use of this Account shall constitute acceprance of the terms of mis Agreement. You and we agree as follows: PayI!\ents. You 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.S. office of the bank the check is drawn oni.for at least the payment due as shown on your statement by the payment due dale in accordance with payment instructions 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 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 paYl11ent due will be the amount of the new balance). If your Account is past due or above. the crealt line, we may reqUire a higher minimum paY!)1ent, 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 will be applied to future payments .cue. We may accept lafe or partial payments, or payments marked paid in full" or marked witf1 other restrictions, without losing our right to collect all amounts owing uncer this Agreement. Finance Char!l~. Except as described in the Grace Period for Purchase Balance section of this Agreement finance charges begin to accrue on a debit when it is incluCled in one of your daily balances and continue until that balance is reduced by a payment or creait. 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 or more Custom Cash Advance Balances. which consists of balances lf1at you transfer to your Account using balance transfer checks and balances that we transler lor mOu; ana me (;asn Aavance Balance which consists of all other cash advances and cash ai'lvance transaction fees. Any ayrnent amount we receive at exceeds me Tlnance cna es ana fees then due will ordinarii be ap lied first to the Balance with the lowest Annual ~ercentaQ.eRate (APRl, until at Balance is zero, and then ~o the Balance with the next lowest ~PR, un~ 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 Baiances are reduced by p<!yments 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 transmitted; cheCKS to transfer balances, as of the date p'resented 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 cashiers checks and mailed to you at your [!lq4est, 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 challl!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. l~here is no grace period for custom cash advances or other cash advances. To fig.ure the daily finance charge for each type of Balance, we start with your previous darc's Balanc~ add all debits and subtract all credits for the current day an<j multjply the net ~n{ by the <lQPllCable daily penodic rate (see following pareg", s). The llnance charge for each type of Balance is then added to and Includild in that day s Balance. We treeta credit balance for any dav as zero. W determine the total finance charges on balances for the billing cyclEl by adding. together !lie finance charges for each type of Balance for each day within the billing cycle. I n calculating finance charges~ an adjustment will be made for any li8nsaction orpayment that would have affected the finance charge calculation in a prior billing cycle fiad it been posteu in thai GYcle. The appJicaqle 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 dilte of the transaclion. Your ~tatement includes an average daily balance for each tvoe of Balance. You can multiply each aVerage daily baiance that is not zero by the number of days.l~ the billing cycle and the periodic rate to ob!!!in subtotals,,- and then a<jd the subtotals together to defermine your total finance charges on balances for the billing cycle. If a cash advance transaction fee IS charged, mat amount IS also a financecfiarge. The term 'Prime Rate' as used in the Agreement means the highest prime rate published in the Wall street Journal on the first business day of the previous ,alendar 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. YOu can arrange to have a vari~ble rate for purchases whiCh is 10~er than the lowe~t non-inlJ'Qductory ANNUAL PERCENTAGE RATE (APR) you are P!lYlIllJ on any.()! your other credit c..ard or retail accounts. ThiS APR IS. available onlY If you proVide proOf, In the form.of a copy of your most recent billing stlilement, SHOWl.' n~our other non-Introductory APR.. Y OUl new APR WIll take effect In the billing cycle folloWlJJlt our review of your proof, but not ealiier than thThe ElndNof. YAourpcEo . esYJlsrlodE. UntilM'ourRnew APR takes effect, or if we do not receive proof of your lower APR, your APR for purchases will be as follows' e A NUl I!ENTAG RATE AP for purchases may vary and will be adjustedeachbilfin c cle to 7.4 lli above Pri e Rate, but will in no event be less than 15.9%. Using this formula, e A~R for purchases in the January 200115illing cycle is 16~.u: corresponding to a miilY periodic rate of 0.04630%. YOL[ can aITaI!lge to have a variable APR for custom cash adva~ces that is .lower (han the weighted averag,e of the non-introductory APR you have been W1Ing. on the..tO!!!1 bal8f1c~'LOU haVe transferred from other credit card'cretall, 'lnd Installment accounts proVIded your other accounts were open in JanualY 200,1./n calC~lating thls.APR we \\'III take Into accQunt the APRs on me cl!ld!t account balances yOU have transferred from other lenders. This APR is ayallab e only I you proVIde proof In the fon:n of copies of your IT)Qst recent billing statemen(s, shOWing your other non-introductory. APRs. Your new APR wllI.bde vanalilll, based aD Pnme Rate and Will take effect In the billing cycle fo!lowlng our review of your proof, but not ealiler than the end of your courtesy pena . If we dO not I'BCeIve such proof your APR for custom cash adVances Will be as follows: The ANNUAL PERCENTAGE RATE for cash advances is 23.3%, corresponding to a daily periodic rate of 0.06384%. If Wfl receive your Account payment late 2 or .more (imes in any 6-month i)eriod, on each such occurrence we may increase the APR for purchases up to a m8X!mum of 23.30% (correspon<;llng to a Qally Panodlc rate of 0.06384 *'/, and Increase. the AP~ for cash advances and custom cash advances up to l1laXIll1umof 23.30% (~nding to a dailypenodlc. rate of 0.06384%). I after you receIVe the hjgher rates your payments are received on time and you meetAall other terms of .thls Agreement.for 3 consecutive months, you may contact our Customer S"ervlce department and at your request we will review your ccount for a possible APR reduction. ' , fGrllaoe !'dedrio~ for Purchase Balance.. Ne)V purchases posted to YOUr Account in billing cyclfls with no Rrevious balance or when the previous balance was u y pal unng the cycle, do not begin to Incur a finance charge until the start of the nexfbllllng cycle. You Will pay no finance charge on such new (Continued on reverse) (5846-0698) 4428472756229180 0730 451 Z561 (~,,"'~~1f<ll"~~~~7"__" ~, _ "_ t I l~'!'"~'~ n~,"I~~~~"'~,"~ ''''~[ ,--", . purohases if you pay the to191 new b<!lan~e in full by the payment due date shqwn pn yaw stat~ment. New purchases posted in any other billing cycle incur a linance charge, and there IS no penod In which such purchases may be repaid without Incumng a finance charge. Fees. We may charge your Account $0 lor: each Card,you ask us to replace; each returned payment; each check you write on your Account that we return unp~id; e~ch stop payment order or renewal of ~uch an o.rd~r; each billin.g cycle within w,hich your Account is delinqUent (late. charge); and eaoh billing o'l.cle within Whloh your !ialanoe exceeds your Oredlt line (ovenlmlt lee), even II your Aocount IS closed. If you request copies 01 billing statements tha. t were Tirst sent to you more than three months eanier, we may oharge a Handling lee 01 $2 lor each such copy. If you request that we make a 9ne-time Automatic payment !rom your personal cnecking account, we may charge your credit card account a fee of $4.95 for each ~st. This fee is a FINANCE CHARGE, ana it will apply regardless 01 whether lunds are available in your personall)hecking account to make the payment. We may charge a transaction lee 013% (minimum $5), which is a one.time FINANCE CHARGE, on the amount 01 each cash advance, including cash Irom linancial instifutions, and A TMs, wire translers, moneY orders, lottery tickets, casino gaming chips, and similar transactions. Default. You will be in delault if any inlormation you provided us proves to be incOlJlPlete or untrue; if you do not comply with any part 01 this Agreement; upon your death, bankruptcy, or insolvency; il y.ou 00 not pay other eebts when due; if a bankrup.tcvpetition is filed by or against you; or il we believe in good laith that y.ou may not payor perform your ooligations uhder this Agreement. II you are in default we may, withou1 furtlier demand or notice, cancel your credit priVileges, declare your Account balance immediately due and payable and use any remegy we may have. In the event of your default, the outstanding lJalance on your Account shall continue to aoorue interest at the APR(s) disclosed In the Finanoe Charges seotion of this Agreement, even II we have filed suit to collect the amount you owe. . Cre~lt Line. your credit line is specified lrom time to tifT)e,in a separate. notice. .Your monlt]ly statements show your qredit line and th.e al)1ount of YPur available credit. We may IncreaSe or decrease your credit line based on information we obtained Iromyou or your credit records. Your available creoills normally the difference between your credit line and your Account balance (including transactions made or authorized but not yet posted). If you send us a large P.5\yment check, we may limit your available credit while we confirm fhat the Check will clear. For certain transactions, available credit may be less. You will not use your Accounffor,and we may reluse to honor; any transaction which would cause you to exceed your availa!ile credit. Promise to Pay. You prom'lse to pay us when due all amounts borrowed when you or someone else use your Account (even if the amount charged exceeds your permission), a lather lfansactions 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 lees and court costs.) Changes. After we provide you any notice r~uired by law, we may change any part of this Agreement and add or remove r!l<1uirements. If a change is made 10 the Finance Charges section of this Agreement, the new finance cfiarge calculation will apply to your entire Account balance from the effective eate of the change. Changes will apply to balances that include items posted to your Account before .the date of the change, and will apply whether or not you conUOue to use the A'ccount. Foreign Exchange/Currency Conversion. If you use your Card for transactions in a currency other than U. S. dollars the transactions will be converted to U.S. collars, generally using either a (i) government-mandated rate or (iI) wholesale market rate in effect the day before the transaction is processed, increased by !I1ree perce~t \.:l%): If a credit is SUbsequently. given for a transaction, it will be decreased by 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 Card. You agree to accept tile converted amount in U.S. dollars. The Card/' 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 riglit not [0 rel'\ew the Cara. We may cancel the Card and your credit privileglll; at any time after 30 days notice to yay or without notice if permitted by law.lf y'our Card IS cancelled or not renewed, finance charges and. other fees will continue to be assessee, 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 ISSUed'to you. Personal Information; Documents. You will provide us at least 10 gays notice if you change your name, home or mailing address, telephone numbers, employment or income. Upon our request, you will provide us additional financial Informanon. We reserve the right to obtain informanon from others, including credit reporting agencies ano to provide your address and information about your Account to others. We may also share information with our affiliates. However, you mayWJjte 10 us at any time Instructing us not to share credit infonnation with our affiliates. If y.ou do not fulfili your obligations under this Agreement, a negative Credit report that may reflect on your credit may be submitted to the cre.dit 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 Telier Machines) and any checks issued to you from theft, aOO keepi~YQur PIN sep~te lrom your Card. if you discover or suspect that your C!\.rd PIN or any unused thecks are lost or stolen or that thero. may be an unau orized transaction on your Account, you will promptly notifY us bycanin,g 1-1:100-933-7221. So we can ilT]mediately acllo Iimillosses and lIabillly,t'tYOU will p one us even though you may also notifv us In writing. You will not be liable for unauthorized use occumng before you notify us of a loss or the It you report or we sUs~C[ unauthonZed use of vour Account, we may suspend your cre.dlt privileges until we resolve the problem to our satisfactiQn or Issue you a new Carel. If your Card. is lost or stolen, you will promptly destJ'oy all checks In your possession. To improve cUstomer service and secunty, you agree that your calls may be mOnitored or recorded'. Met'\lhant Relations. We will not be liable if any person or Automated Teller Machine refuses to honor the Card or accept ypur chEl()ksh or fails to return the Carcl jo you. We have no ~onsiQilitv lor goOO8 and services purchased with the Card or checks except as required by law. (See "pecial Rule below.) CeMm oenefils that are available WIth the ACcount are provided by third-party vendors. We are not responsible for the quality, availability, or results 01 any of the seMces you choose to use. stop Payment Orders. If you wish to slop 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 stale.ment. You can make a stop P<l"yment order orally by. calling the numlier listed on your statement. When YOU make a stop payment ord. er you must provide your Account number and ~ecitrc information about the check: the exact amoun~ the date on the checK, the name 01 the PilflY to whom il v.:as payable, tfle name Of the person who.signed. it, and l!1e check number. yo~ will be asked to confirm an oral stop pay'ment order in writing. We may disregai):l your oral order if we do not receIVe a signed wntten confirmation Wlthm two weeks after the oral order, or If we have not received an adequate descnption of the item so that paYment can be stopped. The order will not be effective if the check wes P<lid by us oefore we had a reasonable opportUnity to act on the order. We may, without liability, disregard a written stop payment order six months afler 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 tran~tio~are consolidated bY us,. an9 b~ not every check ~ Card slip, will be sent to. us, transaqtiqns In YO\lr AcCOUnt will ~ processed meqhanlcallYWlth04t our necessanly revieWIng eve!y Item. Our processing system Will call our attention to certain Items which we Will examine. We will examlnl~ all transactions when you report that your.Card or checks have been lost or stillen. We do not intend ordinarily to examine all items and we will not be nag Igent If we do not do so. ThiS rule es<<ll>lishes the standard 01 ordinaN care which we in good faith will exercise .in administering your Account B~ludsebeof ourl"mited review, and bepause neither your cancelled ch~cks nor Gard transaction slips will be returned to you with the monthly statement, you SII\JUl qare UI to enter all checks In your check ~Ister or oth8IWlse keep a record 01 them. Yau shoUld also save your credit card cash advance and purchase slips. You agree to check your monthly statements against your record and to notify us immediately of any unauthorized transactions or errors. Waty~r of Certain Rig~ts. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other ProVlstlon lat~. You waive: the ~ghtto presentment, demanq, prolest, or notice of dishonor; any applicable statute of limitations' and any right you may have 0 reqUire us to proceed against anyone before we file SUll agamst you. ' Applicable Law; Severability; Assignment. No matter where you live, this Agreement and your Account are governed by federal law and by New f"='''''"''IO~'''I'"!",, , . I {/:'t '1~ U~ PROVIDIAN . ~ Financial I ~..~.~~~~.~.~.~.... Hampshire law. This Agreement is a final expression of the aQreement between you and us and may not be contradicted by evidence of any alleged oral 1l9reament 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 increaseOtax, reporting requirement, or other burden in connection with any such provision or its enforcement, we may, after at least 30 days notice to you, ior 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 sucn notice by filing a financing statement with !he 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 peridd is specified in this P;greement or by law, which period shall start upon mailing. Nollce to us shall be mailed to our address or 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 about your rights and our responsibilities under the Fair Credit Billing Act NQ; Us in Case of Errors or Qu~tions Aboqt Your Bill, If you think ~our bill is wrong or if you need more informafion about any transaction on your bi.II,. rite us qn a separate sheet, a.fthe address listed in the. Billing Rights Summary on your bill. Write to us as soon as possible. We must hear from you no I ter than 60 days after wesenl you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your righ ' . In your letter, give us the following information: .- Your name and Account number. - The dollar amount of the suspected-error. - Describe the error and ~xplalh, if you can why You believe there is an error. If you need more information, describe the item you are not sure about If yom 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 slop the payment, your letter must reach us three business days before the automatic payment is scheduled to occur. Yout Riahts and Our Resp~nsibilities After We Receive Your Written Notice. We must acknowledge your leller within 30 days, unless we have corrEjcted'the error by then. Within 90 days! we must either correct the error or expo lain why we believe the 0111 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, inclliding finance char1l~s, a8d we can apply anY unpaid ampunt against YQur credit line. You do not have to pay any questioned amount whne we are investigating, but you are ~1i1l obligated to pay ttie parts of your bill that are not In question. If w6!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 iray have to pay finance chal:lles, and you will.have to make up .the missed payments on \he questioned amount In either case, we will send you a statio ent of the amount you.owe and the date that It IS due. If you fall to pay the amount we think you owe, we may report you as delinquent However, if our '~Ianation does not satisfy ou and you write to us within 10 days temng us that you still refuse to pay, we must tell anyone we ~ you to that ou Que.s '. ion your bill. And, we musl tell you the name of anyone we reported you to. We must tell anyone we report y. ou to that the matter has been seJied De~ en us When it finally is. If we ddn't follow these rules, we can't collect the first $50 of the queslloned amount, even if your bill was correct Sp8lli~1 RI!/efor Cl'lIdit Card Purchases. If you have a problem with the quality of the property or Services that you purchased with our credit card and you havEl!tned In good faith to correct the problem With the merchant, you may not nave to pay the remaining amount due onlhe goods or services. There are twQ ~I mitations on this riJJht:(a) you mus) have made the purchase in your home stat~, .or jf not within your i)ome state, within 100 miles of your c4rrent ma!1i 10 address; and .(b) thep.urchase pnce must hqve been more than $50. These limitations do not apply If we own or operate the merchant or If we mall d'you the advertisemenl for the properly or services. ' 2561 '"j<1"''f'''!,~~'_''^'"''''''''\''''.';''l''''. ""_ "~~"" ~ f'l - ,.. ,_c - 0_ '~"'-""'~'~,,"-~,-"W.','~l "",'= "'~ _., .'~>'k' __ ,~c;'~';"''^;:''''>i-,;<,,,~",,~>~,''<;''.,,-.-~'~~''''E'-:-.,,,,",,,,,'''''' ""'.'0 ."<~"~'~~ ~ ~"~'~'M. ""~~J:',j;P'_""'-li"~~"" _ ,~, ^_ "~'"_, ,= ~., __,_"m VlTT1ilT L--7 t () c::"; n ~ --(' I c -n "-1 "& ,.' '~",.,. ~ -Cf_'i- C","j [I', ,- '.';-.J '" \ (:::.~" -' , ~ d ~ --., -- I!:: ".:::::: ~ V:J () <:::~ ; ) \::) ~i c:=: ~:., -cc ~ ~ ~ -c ':t::, -- ~ ~ ~ >;) -, -' ;;;-. t5J~ m,.,~~ ,lW'!I_ 'lI ...~~,,,,,,,,~~lI\'1!~~~l!!!lIll!ll~!Ir'~!"'''''''''"1c'i'I'''''~~1''''>;<''"'';'C;-;':;'-'i;~'"''T<+''F'lji"~llW.;;~V,"lli.~~;~~f~Jllf~~;'!\'O'1L~~_Wm '''''\ SHERIFF'S RETURN - REGULAR CASE NO: 2001-02293 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS YARNEVICH KEVIN M CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon YARNEVICH KEVIN M the DEFENDANT , at 0017:06 HOURS, on the 30th day of April , 2001 at 333 CHARLES ROAD MECHANICSBURG, PA 17055 by handing to KEVIN YARNEVICH a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.82 .00 10.00 .00 34.82 So Answers: ;"~~~t R. Thomas Kline me this 7 drl...._ day of 05/01/2001 PARK LAW ASSOCIATES ~ BY:~ ~. Depu Sheriff .---- Sworn and Subscribed to before ir'-',~'~'" '10C>"'-;""'''''''f''''''~~Il~''''''''I''''''''"''''''f' ,..., 11 ~ ~ ~~. " , ~~ ~ , .- '.~~'- -'.", r -'.,m - "'''''''''"''".~~ -, _~,_ '_'""-_-"""',~,.' ~_"',,'~ _, ~"" 0' .- ,,,,~~ 0,c;"-~ - WtI~~.-r~j""'f'.Jl.<_~,"_ _0_,. -",-,';' ""'''''','''''':''"~"''iJ~r'~'-''''1[ll1tn'.!f~'lrn."'J'[ IWlTllfilfTnf~i f.J.' '-:r'-'l'~ 0vf ~_" ""_",,,Jr"l~~"'?'1',;"'~!Wj'~""~-"""\;""""": ;"-f"'~"'W'-N"Wit~-..'1<-W,~fi'J!li~l:~~'t~1lfJ~FiiRmHii.fi1'i1!l'~~ , PROVIDIAN NATIONAL BANK, I~ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. KEVIN M. YARNEVICH, Defendant No. 01-2293 Civil NOTICE TO PLEAD TO: Plaintiff, providian National Bank and its attorney, Valerie Rosenbluth Park You are hereby notified to file a written response to Defendants' enclosed new matter within 20 days from service hereof or a judgment may be entered against you. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: b/~/o { By: ~I~~ -~ adf d Dorrance I.D. No. 32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR DEFENDANT ~,~\- , " ", --~~>':""<-""7_,,' ',0; '_""r ,""">~ '?,~ __"",~__ ~"dt",_~_ ",_<,,,_,, _" ,~,_,_ , ~ ""-'" --. ,.--- , PROVIDIAN NATIONAL BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. KEVIN M. YARNEVICH, Defendant No. 01-2293 Civil ANSWER TO COMPLAINT WITH NEW MATTER 1-2. Admitted. 3-7. Denied. The alleged agreement speaks for itself, and to the extent plaintiff's allegation deviates from the written terms of Exhibit A, such allegations are specifically denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of any remaining factual allegations. Accordingly, such allegations are deemed to be denied and strict proof thereof is demanded. WHEREFORE, defendant requests that the complaint be dismissed with prejudice, and with all costs taxed against plaintiff. '-'"',~ -" " COUNT I (sic) - ALTERNATIVE 8. Plaintiff incorporates by reference herein paragraphs 1 through 7 above. 9-12. Admitted in part; denied in part. The stated paragraphs contain allegations to which no responsive pleading is required. To the extent a responsive pleading is required, plaintiff admits that he received certain benefits from plaintiff; plaintiff denies that he received the benefits claimed by plaintiff, demands an accounting of such benefits, and demands such further proof as may be required by governing state and federal law. WHEREFORE, defendant requests that the complaint be dismissed with prejudice, and with all costs taxed against plaintiff. NEW MATTER 13. Pursuant to the Fair Debt Collection Practices Act, defendant disputes the validity of the debt alleged in the complaint. 2 !l:tli~, _ ~-~ry.~_,-~.,~,~,:r:"i',,,,,--_,,,,,",,,"_--,"",,~,,""'^"'. ~.~'" '-:'~"+O'";',,,-,~.,,..;- <'". ~-. , _'^,-~'''''''_ ".", , -~- , - -~ - 14. Plaintiff has failed to comply with governing Pennsylvania law, including Act 6, Act 91, and/or the Fair Debt Collection Practices Act. 15. Defendant defends the complaint based on such other reasons as will become apparent during discovery or at trial. WHEREFORE, defendant requests that the complaint be dismissed with prejudice, and with all costs taxed against plaintiff. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: 6l-d O( BY..~Y /1-\_ 9--c..)( , ~ -<-~ radf a Dorr~nce I.D. No. 32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 - --- ATTORNEYS FOR DEFENDANTS 3 !' ',- ",;;'_h;~_"',,?_,-,<'__,",,,,~"_~ - f~"-"-' ..,_'1""11""". - ~'-"-~_. h_'_, - ",r., ,'"., VERIFICATION I, Kevin M. Yarnevich, hereby verifies and states that: 1. I am the plaintiff in the foregoing pleading and have personal knowledge of the matters set forth therein. 2. The facts contained in the foregoing answer are true and correct to the best of our knowledge, information and belief. 3. I understand that false statements herein are made subject to the penalties of 1B Pa. C.S. ~4904, relating to unsworn falsification to authorities. Dated: c:;, - /- 01 ~?f:~ ;:\.", , ,,.", . ",,-,c^M~~,_,!.",_,~''''''_ """~~F, ,',1'-' -J'>>' "" -. '""'~. I,.."r._,<_,_=~,,,,,,,, , _' '-.h ",' . "" " -~-;"~,,,, ,~,"p =~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving true and correct copies of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail, Postaqe Prepaid Addressed as Follows: Valerie Rosenbluth Park, Esquire PARK LAW ASSOCIATES, P.C. 25 E. State Street P. O. Box 1779 Doylestown, PA 18901 Dated: blLf /0 I c9 ~-'~' radford Dorrance ....... !lv;~..-~" " "-:',::'?~.f1".,'iP-,'__:'~_'~;"_"'~~"r-:,^,-' "t"".",' .'<I't'iV_~_ ,_; _"',,'" .,~~'<_r-""c ~_'" ~""f""'-"-',~_._, , --"-~-,,~ .. "~ ~ - _.~- = \h . - ", ~-- .,., , ., ,,- ~- ,~ ,~ '. "~ "~I'"'"-" ~. "-~-, ~~,..'"'- ",.," "'""'''"'' ',-'.~ namilTIn-rT):i '" '~''''~''~.w'<<='''."'' 1.'''''111 I II " h , .~...? "'._'_"';'t"'~~~~:" (") C> , -' c: '-1 s:. (- uOJ c= ;n [Dr-ri ~~ ...:C-::-.,u I iT! Z'C:' (f) e"" <...n (-~) -< .' r:O -0 T, ;< ~~~ ~; ~Q :-.K -0 r:i' O,~n Pc: ::;.,--1 Z :Jl <'to ~ 'D =< ~ ,., ,.~J~ :."M"r ~.~.!!I'.,= ,~ _ , 'C ' .. VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA IB901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA PROVIDIAN NATIONAL BANK Plaintiff VS. KEVIN M YARNEVICH Defendant NO. 01-2293CIVIL SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: Kindly note that it has been suggested that the Defendant in the above-captioned matter has filed a Petition for Bankruptcy in the United States Bankruptcy Court, and thus this case must be stayed. Respectfully submitted, PARK LAW ASSOCI ES, P.C. IE ROSENBLUTH PARK, ESQ. '~ltI,Ji!fl, ,,~._'~ ~ , "" 1',"-~, ~ . ~ ~, ", ~t c -,-" .~- ~- .-~ w '" ~~.~,_~. .., ~~~"''''"''''''M ."'"_ ~ o c C Z (:) a1 ff ~:? ~~.. -=-'- -i::c~- ~: ~ :/! ::~ \''':) _<C, f"-,) - CC . .. ~q - n N~'lI_~W'""~',~i~JI"~. ~~_"'!MIl~~ffi'!!jJ""ljf-'i~,.':;;L;!!:"'11'i,-";,"i;"';c_0-"1_'V~1';i"'~-- --'-~~" '. ~'_"'''"I'(f''.'i1'T;m;''''~'''''''''''$lmEW''':''''W'1-')f,,*,,J',''ilfllli_~:Ii,,"n~n~~~_~'1 ~;~L\;;&~,,~ 11 I - \. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW WILLIAM S. GOTILIEB, Plaintiff, MICHELLE ANNE SHRIVER and ANNETTE DUNN, Defendants. ) ) ) ) ) ) ) ) No. 01-2393 Civil Term PRAECIPE TO SETTLE, DISCONTINUE, AND END FILED ON BEHALF OF: William S. Gottlieb, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott O. Mears, Jr. PA ID No. 78843 Mears, Smith, Houser & Boyle, P.c. 127 North Main Street Greensburg, PA 15601 (724) 832-8700 ;,'~'~;f'f' I: \. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW WILLIAM S. GOTTLIEB, ) ) ) ) ) ) ) ) No. 01-2393 Civil Term Plaintiff, MICHELLE ANNE SHRIVER and ANNElTE DUNN, Defendants. PRAECIPE TO SETTLE. DISCONTINUE AND EN.~ TO THE PROTHONOTARY: Please mark the docket in the above-captioned case as "settled, discontinued and ended." MEARS, SMITH, HOUSER & BOYLE, P.c. Mears, Jr., Esquire y for Plaintiff SWORN to and subscribed before me this 1~_ day I of 5;(V.mlYr , 200l. J~t1Adui?fff,4L-- NOTARY PUBLIC MY COMMISSION EXPIRES: Notarial Seal Tamara L Whitehead, Notary Public Greensburg, Westmoreland County My Commission Expires May 18. 2002 Member. Pennsylvania Association of Notaries 1>- ~ .....ft I~ ~. ~,- .~'~'.~ <,' , -,.,~ ' "._"~,~"'~_ , ~ ,~ = ,-. _k_'~~~__...-.~,__.~, ' V .,,, "'PV___~, '~~~M '.;." "_;0 _~~_, ',_, _'~ .,._. b "'~~'''-' ~~, ~~_ . ." . ".~_~, ~_ ~ .....!I!I~i!' QJL "':- ..,,' ~c_ J- ~~:: ;PC :,;::-: -' -< o ~~ _w T==~"' T-'! .. c:,~ c.::> c'"") -~'-I 1 -'"':' ~ ~~Il!l'i'~~1fj:jii~\"""""~Wl<;''>l''{''H!~1f!;J~;;,",'~".m-~i.''_<r-''-'"";~''W",!i!i1ljf~1~~~_ ..'11". ,~!e)_'F":-"__~~