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HomeMy WebLinkAbout01-2298 FX , VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS. ROBERT E THOMSON Defendant NOTIC! No.6/- J;)9'i 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''''"'.,..- _eo.' T ,~~, __I . , I " ,~ , ~- ~ ~~ ~~~~ ~_. _.~-~ ~~ . , VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4428003001246982 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF va ROBERT E THOMSON 5073 RITTER RD MECHANICSBURG, PA 17055-6921 DEFENDANT NO. 0/- 224'1 ~ /~ CIVIL .lCTION 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, ROBERT E THOMSON, has a mailing address at 5073 RITTER RD, MECHANICSBURG, PA 17055-6921, 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 ona credit card or line of credit owned by the Plaintiff bearing account number 4428003001246982. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. T\~" ., --". , ,- ~ v~ "I"I , 4. The Defendant requested an account, account number 4428003001246982, 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 $5,794.30 as of 01/05/2001, plus pre-judgment contractual interest at the rate of 21.99% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and plaintiff will i~cur attorney's fees in the amount of $985.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defend~nt in the amount of $5,794.30, plus pre-judgment interest at the contractual rate of 21.99% per annum from 01/05/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $985.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT I - ALTERNATIVE 8. PI~intiff 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. 1l. 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. <Bt~-^'~ '1;<00> - '" , ~~- - 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 $5,794.30, plus pre-judgment interest at the contractual rate of 21.99% per annum from 01/05/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $985.00, 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. r<; - - ~ Ii 1 "I --~'"^",,~,,"~,-- , VERIFICATION I, HE4.Tl-IFR 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 Date Designated Agent :1\, ,-~ ~"",' ,. 0--;_1".<" 'J p'- .0' " y~,," > 1 -a;-- ~~ PROVlDlAN ~ Financial ~~~~~~~~~~~~~~~~~~~ , ",. ~Y~'BIT__~ -- Providian National Bank VISA<< or MasterCard<< Account Agreement for Robert E Thomson December 8, 2000 Please review this document and keep it with your other important papers, This Account Agreement contains the terms which govem ~our 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 cash advances from us or any other participating finanCial institution and from Automated Teller Machines. Convenience checks:may also be provided to. you as an additional way to use the Account In this Agreement, "you" and "your' mean each person for whom we have opened a credit card Account "We,' "our," "ours a" and "us" .mean Providian National BanR or its assignees, as listed on your billing statement The Account may be. used 0.. nly for ~rsonal family househol and chantable purposes, and not for any bUSiness or commercial purpose. Any use of thiS Account shall constitute acceptance of the terms of tliis Agreement You and we agree as follows: Payments. You will reoeive a monthly statement showing your outstanding balance. Payment on this Account is reqUired in U.S, dollars (checks must be payabie 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. i. nstructions on your monthly statement The back of your statements shows the rules we follow when we post payments, Convenience checks and oilier cheeks we issue to you ~y not be used to make payments on your Account or to make payments on any other account you have with us or our affili<ltes, 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.ilew balance exceeds your credit line. However, the payment due will, not be less than $15 (unless ypur new balance is lE/sS than $15, in Which case the payment due will be the amount of the new balance), If your Account IS past due or above the crealt line, we may reqUIre a higher minimum pay!pe~t, bul we will notify you before doing so, If your paYl!1ent Is more than the payment due it wil.! be treated as a Single payment.and none of it will ,be applilld, to future payments aue, We may accE/pt late orpaftlal payments, or payments marked 'paid In full" or marked Wltl1 other restnctlons, Without lOSing our nght to COllect all amounts oWing un~er thiS Agreement Financ~ Chuges. Except as described in the Grace Period for Purchase Balance section of this Agreement finance charges begin to accrue on a debit wheniti is indllaed 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 Bal.lnce which consISts of your existing Purchase Balance and new purchases you make with your Card and fees for certain optional seIVlDe~; one'ro.' r more Custom Cash A.. dv. ance Balances. which consists of balances that you transfer to your Account using balance transfer checks and balanCeS that we transTer Tor ~ou; ana me vasn Aavance Balance which consists of all other cash advances and cash aavance transaction fees. Any Qaymernt amount we receive at exceeds me Tlnance cnarges ana fees then due will ordinarily be applied first to the Balance with the lowest Annual Percentage ,Rate (APR1, until that Balance is zero, and then ro the Balance with the next lowest APR, until that Balance is zero, and then to any remaining BalanCe, -We reselVe tfie 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 induded in your Purchase Balance as of the date made, Custom casti 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 casli advances are included in your Cash Advance Balance as follows: cash advances from other financial institutions and through Automated Tellers,as of the dste maqe; cash advance checks made p'ayable to you that are identified as cashiers checks and mailed to you at your reqqesl, as of seven days after the date we print on the check' all other checks, as of the date presented to us. Other debits are included in your Purchase, Custom Cash.Advancehor Cash Advance Balance as of the aate posted, Finance char~s are added to your Purchase, Custom Cash Advance, and Cash Advance Baiances eac day and are then posted on the last day of the billing cycle. There is no grace period for custom cash advances or other cash advances. To figure the qailY finance charge for each jype of Balance, we start with your previous day's Balan~ add all debits and subtract all credits for the current day and multi(!lly the net amounl by the ;lpplicable daily penodic rate (see rollowing parag[ijphs). The Ilnance charge for each type of Balance is then added to and includEld in that day's Balance. We treat a credit balance for any day as zero, We determine the total finance charges on balances for the billing !lYcle by ,adding together ttie finance charges for each type of Balance for each day within the billing cycle. 10 caiculating finance charges, an adiustment will be mad~ for any fflmsaction or payment that would have affected the finance charge calculation in a prior billing cycle /lad it been posteo in thaI ~Ie, The applica~le daily periodic rate for such a transaction will be the rate in effect for the current billing cycle rather than the rate in effect on the date of the transaction, Your ~tatemeJ!1t includes an 3verage daily balance for each tvoe of Balance, You can multiRly each average daily balance that Is not zero by the number of days ,I In I' ,the biill. ing cycle and the periodic rate to Oblq. in subtotals,,- and then add the subtotals together to derermine your total finance charges on balances for the bl IMg cycle, If a cash advance transaction fee IS charged, ulat amount is also a finance cliarge. The ten;n "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 palendar month. Any, increase or decrease in !he Annual Percentage Rate will take effect on the first day of your billing cycle and may result in a slight Increase' or d~rease, In the amount of your minimum payment The A~NUAp PERCENTAGE RATE (APR) for purchases is 5,99%, corresponding to a daily periodic rate of 0.01641%, The ANNUA/.I PERlilENTAGE RATE for custom cash advances in the Custom Cash Advance # 1 Balance may vary ;lnd will be adjusted each billing cycle to 3.621'ili abmle Prime. Rate, but will In no event be less than 12.12%, Using this formula, the APR for custom cash advances in the Custom Cash Advance # 1 Ba ance in. the December 2000 billing cycle is 13,12%, corresponding to a daily perioaic rate of 0.03595%. You can. arrange to have a ~ariable APR for custom cash advanpes (balance transfers) in the Custom Cash Advance # 2 B31ance that,is lower than the weighted aVef/lge ,of the. non-Introductory APR you have been paYing on the total balances you have transferred from other credit card, retail, and installment acoounjs pro\i!ded Y9ur other accounts were ORen in Decemoer 2000. In calculating this APR we will take into account the APRs on the credit account balanc~.,. you~h;lve trans,' ferred from other lenaers. This APR is available only if you provide p,roof, in the form of copies of VQur most recent billing statem~ts, s"OWlng VOO1: non4ntroductory APR~. Your new APR will take effect In the billing !lYc1e fOllowing our review of yourprool, but not eariier than the end of yo. ur courte.l~y.Pllrnod. If!D.e dO. ~tJecelve such proof your APR for custom cash advances in the Custom Cash Advance # 2 Balance will be as follows: diT.he'ANNU~L P~Rl;;ENTAG RATE for custom cash advances (balance transfers) In the Custom Cash Advance #2 Balance is 21,99% correSPon ng"to a dally penodlc.rate of ,06025%, ' The ANtr/UAL,PERCENT AGE RATE for cash advances is 21.99%, corresponding to a daily periodic rate of 0,06025%, If WEl re~. iveyou30r Account payment late 2 or .more times in any' 6-month period, on each such occurrence we may increase the APR for purchases up to a mBXJmum of ,23. % (corresponl;llng to a (jally Penqdlc rate of 0.06384%1 and Increase, the AP~ for cash adVances and custom cash advances up to rnBXlmu,1)1. thOf 2~.30% (co~SI1ondlng to a dally penodlc. rate of 0.06384%). II after you receive the hjgher rates your p<\yments are received on time and you meetAa~o er terms Of jlns Allreement,for 3 consecutive months, you may contact our Customer S'elVlce department and at your request, we will review your c ounHor a pOSSible APR reduction. , ' fGrl ace 'L.edriO~,forhPurchase BalanCe. New purchilses posted to 'lOUr Account in billing cyqlEls with no previous balance or when the previous balance was u 1'1 palO unng t e cycle, do not begin to Incur a finance charge until the start of the next billing cycle. You Will pay no finance charge on such new (Condnued on reverse) (5846-0698) 4428003001246982 0184 595Z561 r"'~''-'N"".,I~'~~~h, c '" - r';~~~lm~~l!"~Jllli'!I~ft -. ~! ~ ~, ',~r~" 1 '" ~~~ - purchases if you pay the total new balance in full by the payment due date shown on your statement. New purchases posted in any other billing cycle incur a finance charge, and there is no period in which such purchases may be repaid without incurring a finance charge. . Fees. We may charge your Account $0 for. each Card you ask us to. I'!lplace; eaqh retumed payment; eacn chepk you write on your Account that. we retum unp;lid; each stop payment order or renewal Qf such an ord~r, each bllllf1g cycle Within W.hICh. your Account IS dellnqu~nt (late, charge); and each billing eycle within which your ealance exceeds your credit line (overilmlt fee), ev~n If your Account IS closed. If you request copies of billing statements.that were lil]lt sent to you more than three months earlier, we may charge a nandllng fee of $2 for each such copy. If you request that we make a 9!l8:Ul1l!l !l,l,!tomatIC 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 FINANCE CHARGE, ana it will apply regardless of whether funds are available in your personal checking account to make the payment. We may charge a transacUon fee of 3% (minimum $5), which is a one-Ume FINANCE CHARGE, on the amount of each cash advance, including cash from financial instifuUons, and A TMs, wire transfers, money orders, lollel'f tickets, casino gaming chips, and similar transactions, Defaull You will be in default: if any infolTT1ation you provided us proves to be inc~mplete or untrue; if.Y04 dQ not comply '!'lith any pa~ of this Ag~ment; up,gn YOUr death, bankruptcy, or insolvency; If Y9U qo not pay other aebts when due; If a ~nkrup.tcy petition IS filed by or against you; or If w~ beheve In good faith that you may not payor perform your ol5hgatlons und'er thiS Agreement If you are In default we may, Without furtlfer demand or notice, cancel your credit prj\l1I~, declare your Account balance immediately due and payable and use any remew we may have. In the event of your default, tha outstanding llalance on your Account shalrcontinue 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 credit line is. specified from time to time in a separate notice, Your monthly 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 creClit is normally the dii'ference between your credit line and your Account balance (including transactions made or authorized but not yet p'osted), If you send us a large payment check, we may limit your available credit while we confirm that th~ check will clear. For certain transaction~, available credif may be less, You will not use your Account for, and we may refuse to honor, any transaction which would cause you to exceed your available credit Promise to Pay. You p(Oll\'\se to P\ly us when due all amounts borrowed whan you or someone else use your Account (even if the amount charged exceeds your permission), a I other tfansactions and charges to your Account, and collection costs we incur including, but not limited to, reasonable attomey's fees and court costs, (If you win the suit, we will pay your reasonable attomey's fees and court costs,) Changes. After we provide you any notice required by law, we may change any Rart of this Agreement and add or remove requirements. If a change is made 10 the Finance Charges section of this AQreement, the new finance cliarge calculation will aooly to your entire Account balance from the effective eate of th,e change. Changes Will apply to balances that include items posted to your Account bafore .the date of the change, and will apply whether or not you continue to use the A'ccount Forllign Exchange/Currency Conversion. If you use your Card for transactions in a currency other than U.s. dOliarsbthe transactions will be converted to U.S, dollars, generally using, either a (i) government-mandated rate or (ii) wholesale market rate in effect the day efore .the transaction is processed, increased by threa percent l;l%), If a credit is sub~uently 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 life converted amount in U,S, dollars. The Card' Cancellation. You may canc:el your credit prtvileges at any. time by notifying us in wrtting and destroying the Card(s), Upon the Card e!<piration at the end 0/ the mOnth shown on it, we reserve the rtglit not to renew the Carel. We may cancel the Card and your credit priVileges at a{lY time after 30 days notice to you or Without notice if permitted by law, 1f your Card is cancelled or not renewed, finance charges and other fees will continue to be assesse~, payments will continue to ba due, and all other applicable provisions of this Agreament will remain in effect If you terminate your credit prtvileges, or if we cancel or do not renew the Card, you may no longer wrtte checks on your Account, and you should destroy any unused checks we have ISSU8<ftO you. Pel'llonallnformation; Documents. You will provide us at least 10 days notice if YOU change your name, home or mailing address, telephone numbers, employment or income, Upon our request, yo~ will provide us additional financial information. We reserve the rtght to obtain information from othen>, inclUding credit reporting agsncies ana to proVide your address and Information about your Account to others. We may also share information with our affiliaAgtes, However, you may wljte fo us af any time mstructing us not to share credit Information with our affiliates. If you cfo not fulfill your obligations under this reament, 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 Canl. Each Card must be signed on receipt You are responsible for safeguarding the Card, your Personalldentifica~on Number I'PIN', which provides access to Automated Teller Machines) and any checks issued to you from theft, and keeping your PIN separate from your Carel. I you discover or S!!~pect that your C~%.PII'!, or a{lY unused checks lire IQst or stolen, or that there. milY be an unauthorized transaction on your Account, you will promPtly nothy u~ by caning 1-ouv-93".7221.- So we can immediately act to limi, losses and habillty.. you will phone us even though you may also notifv us m writing. You will not be hable for unauthortzed use occurring before you notify us of a los~ or tj1eTl I( you report or we SUS~{ unauthon;zed use of your Acco4nt, we may suspend YQur cre9it prtvileges u~til we I'!!solite the problem to 9ur satisfaction or Issue you a new Card. If your Card, IS lost or stolen, you Will promptly destroy all checks In your posseSSion, To Improve customer service and secunty, you agree that your calls may be morutored or recorc1e<f. MerdIChant Relations. We will not be liable if any person or Automated Teller Machine refuses to honor the Card or accept your checksh or fails to retum the Ca to you. We have no re!ijlQnsibilitv for goooo and services purchased with the Card or checks except as required by law. (See "pecial Rule below.) Certam lienefits that are available with the Account are pro\l1ded by third-party vendors. We are not responsible for the quality, availability, or results of any of the seMces you choose to use. . Stop Payment Orders. I( you wish to stop payment on a check, you may send us a stop payment order by wrtting to us at our address for customer service listed on your statement You can make a stop p!l.Yment order orally by calling the numtier listed on your statement When yoU make a stop. payment ord.er you must provide your Account number and llPecitiC information abOut the check: the exact amount, the date on the check, the name of the PartY to whom il was pay,.able, the name of the Pllrson who signed it, and the check number, You will be asked to confirm an oral stop payment order in wrtting, Wemay dlsrega"u your oral order If we do not receive a signed written confjr.mation within two weeks after the oral order, or If we have not received an adequate desonPthtiOn Ordef the item so thaI payment can be sto~d. The order Will not be effective if the check was paid by us before we ha~ a reasonable opportunity to act on e 0 r. We may, Without liability, disregai'd a wrttten stop payment order six months after receipt unless it is renewed In wrtting, Standard of Care, Because this Account involves both credit card and check transactions which are processed through separate national sy'stems bafore the tran~action~ are consolidated by us, and because not evel'f check and Card sliR will be sent to us, transactions in your Account will be processed mechanically WithOUt our necessarily reviewing everY item, Our processing system will call our attention to certain items which we will examine We will examm~ alllf?nsactions when you ~ort that your Card or checks have been lost or stolen, We do not intend ordinartly to examine all items andWe will not ~.negllgent If we do not do so. ThiS rule establishes the standard Of ordina,ry care which we in good faith will exercise in administe.n'lng you. r Account .".,ause Of our limited review, and bepause neitherYOI.\r cancelled checks nor c-ard transllction sliPs will be retumed to you with the monthlY statement, you should be qareful to enter all checks m your check register or othelWlse 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 I Certayin Rig~ts. We (l1ay delay or waive enforcement of any provision of this Agreement without losing our rtght to enforce it or any other ProVISI1on atar. OUt wBlve: dthe I'\9hlto pi'8SE!bentment, demanc!1 prolest, or notice of dishonor, any applicable statute of limitations; and any rtght you may have 0 require us 0 procee agamst anyone fore we file SUI against you. Applicable Law; Severability; Assignment. No matter where you live, this Agreement and your Account are govemed by federal iaw and by New ].',,",',,~,,,,,,~- ~ I .', " . . i;;'!- 'l~ \I~PROVIDIAN ~~. '[ r manCla ~~~~~~~~~~~~~~~~~~~ I ,$'!V 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 invaTld 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 Incre~seatax, rep,orting (!lquirement, or other burden In connection '!Iith.a~y such provision or its enforc~ment, we may, after at least 30 days notice to you, or Without notice If permltt~d by I~w, cancel the Card and your Credit pnvlleges, We may transfer or qSslgn our nght tp all cr s.ome of your payments. If state law re~uires that you receive notice of such an event to protect the purchaser or assignee, we may give you sucli 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 tc you at the address shown on our records! unless a longer notice period is specified in this Agreement or by law, which period shall start upon mailing. Notice to us shall be mailed to our address or customer selVice on your statement (or other adifresses 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. Notify Us in. Case of Errol'l! or Questions About Your BiI/. II you think 'Lour bill is wrong or il you need more inlormation 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 lrom you no later than 60 days aiter we sent you the first bill on which the error or problem appeared, You can telephone us, but doin>! so will not preselVe your rights. In your Istter, 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 !here is an error. If you need more information, describe the item you are not sure about. If you have auth. orized us to pay your credit card bill automatically from 'your checking account, you can stop the payment on.any amount you think is wrong. To stop the payment, your letter must reach us three business days before the automatic payment is scheifuled to occur. Your Rights and Our Resp.onslbiiities After We Receive Your Wriften Notice. We must acknowledge your letter within 30 days, uniess we have corrected the error by then, 'Within 90 days we must either correct the error or expiain why we believe the oiil was correct. After we receIVe your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charg~s, a~dwe can apply any unpaid ampunt against Your credlt line, You do not have to pay any questioned amount whne we are investigating, but you are sllll obligated to pay tHe parts of your bill that are not In question. If we find that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up the missed payments on the questioned amount. in either case, we will send you a statement oft~e amount you owe and the date that It is due, If you fail to pay the amount we think you owe, we may report you as delinquent. However, if our ex.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 ~uestion your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the maller has been settled lletween 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 for C/edit Calli Purchases. If you have a problem with the quality of the property or selVices that you purchased with our credit card and you have tried Ingoed faith to correct the problem with the merchant, you may not Have to pay the remaining amount due on the goods or selVices, There are two !imitatlons on this right: (al you mus.t have made the purchase In your home stat~,,or jf not within your ~ome state, witfiin 100 miles of your current mailing address; and (b) the purchase pnce must have been more than $50. These limitations do not apply If we own or operate the merchant, or if we maileayou the advertisement for the property or selVices, 256] !'~~. , , "/'~ ^'" "'-, . ~ ~.. 'YO '-~..... '" ~--=-~= -. ~w~~ ~'.. ~~~.~- > ~ ~ ~-~'-'~~""'''-="'''-~'-'"""',,,..';b"=~"~ - ".. . .""w. m ~ ~ 0 c::' V\ ~..' 12t. ~\ (? ~ T'''' --OJ .. "- .' ~ -- ~ ~ d ~ -.\) I"::' ~ ~ ~ '\.:\ ~ ~ ~ n i :(:: ~ .~~ :".11 .......~: -'-J -. (:;-.; ~ ~ ~ ~ ~, . ,~~~~R\llm,~~W;>;[l"l~1l!!I<n~~f~H>p...y,,"-''''';''ro-'''-''--''-'' -" ,,;,,-'c'''h''-~-- '''';i,,,,,,,,_~~',,e''-~-1!;V''''I,"'''''i"'<n",'''''Il',,,,.~,~>,,~~~,i;;l!W''~Pj~ll'i''tO!f'f.;,!,i~r,''t'"'' ... , . . VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 5073 RITTER RD MECHANICSBURG, PA 17055-6921 4428003001246982 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK plaintiff VS ROBERT E THOMSON Defendant NO.01-2298 PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: i Please enter Judgment in favor of the Plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: $5,794.30 $985.00 $522.59 ($0.00) ($0.00) $7,301. 89 PLUS ADDITIONAL COSTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior ..to the date of the filing of this Praecipe. A true and corre copy of the notice pursuant to Pennsylvania Rule of civil P cedure No. 237.1 is attached hereto and marked Exhibit "A". AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW~/..(..i)L II :)(X)[ , Judgment is entered in favor of the Plaintiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. iH"~'f"="", ~ , ""'~"'"F~ I^, I - , ~- ,-~~,.,...- , 'k 1 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. ! ":'1~':~n"',"""~'''''''''~'''''''"'''''''-''''--"'v_'''''''';_,,,,,,,,,,,,,,_ _ 'roo I'" T-" "~,~ __ ~, '\1>1 ~.". ~ "' I . , VALERIE ROSENBLUTII PARK ATTOR1{EYI.D.~ 72094 PARK LAW ASSOCIATES, P.c. 25 EAST STATE STREET, P.O, BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 A TTOR1{EY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 5073 RITTER RD MECHANICSBURG, PA 17055-6921 PROVIDIAN NATIONAL BANK Plaintiff VS ROBERT E THOMSON Defendant NO. 01-2298 NOTICEOFPRAEC~EFOR ENTRY OF DEFAULT JUDGMENT TO: ROBERT E THOMSON 5073 RITTER RD MECHANICSBURG, PA 17055-6921 DATE OF NOTICE: 5/22/01 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN 11I;IS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR CARLISLE,PA 17013 (717) 240-6200 PARK LAW ASSOCIATES,P.C. BY: . VALERIE ROSENBLUTH PARK, ESQ. cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT ~ 7Wll:lli.J1 '. "~= ~ ~, _. 1 ~, - ~ " 1 " r ~ ,- ,,, I - ~~ VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 5073 RITTER RD MECHANICSBURG, PA 17055-6921 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS ROBERT E THOMSON Defendant NO. 01-2298 VERIFICATION Of NON-~ILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS VALERIE ROSENBLUTH PARK, Esquire, being duly sworn according to law, deposes and says that she will make this affidavit on behalf of the within Plaintiff, being authorized to do so, and that she believes and therefore avers, that ROBERT E THOMSON, Defendant is over 21 years of age; that his/her place of residence/business is located at 5073 RITTER RD MECHANICSBURG, PA 17055-6921 and that he/she is employed and that he/she is not in the Military or Naval Service of the United States or its Allies or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendmen PARK LAW ASSOCIATES, P.C BY: Valerie Attorney E10 i"11\i''''''f~''''1i~W':'~"~,, . ~~. <!;1, r,J~.~ ~ ""'~~"'""", ~" "r , . ~" . ~ . , ~-,':; . VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 5073 RITTER RD MECHANICSBURG, PA 17055-6921 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS ROBERT E THOMSON Defendant NO. 01-2298 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: [X] Judgment by Default [ ] Money Judgment [ ] Judgment in Replevin [ ] Judgment in Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings [ ] Judgment on District Justice Transcripts [ ] Judgment on Judgment Note [ ] Judgment on Writ of Revival [ ] Praecipe to Reassess Damages IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number: (2l5) 348-5200. PROTHONOTARY: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. il"'-~"'""'~,~ ". .1""~" r ' . . ~ t ""l,..., "~- - "---~-- ,,-', " .. - ,,-, -""'-'",-,,,-,,,,.,~.,,,",,",,,~,.~ '"''>rlliif''' nUl'~I,r'lwf" ""'-"t"11' . .....' ~Af?~ -- .~ 8 r ~ ~ ~ ?~ ?):tJ [l J:- 0 0 c) C --11 ~ '-- ::;:, "UGJ c: Q)rf: ::z ~il ;g .L- :D LC ..,.-;h, ~~~: -~:2 L? !;=C -;:::: ~~Q ~CI ::J:; ~~ ===c! )>c :.0 L -, c- )0' :< r'V :v -< "'f";. , ^^, , .,~"~.""....~:!""'_~~1~~~~Q'_"'l!,ll!1IW<.1'~~~H'P'<!r-}':"~"f"''''''l''''''<''-'''"!"'''r!''''- '''''P''~'0A'Y~''ol!\!~<,\;;j~~~~\'~~IS]!\!iW,.,''!!I-;i~-''~~:;'Ct VALERIE ROSENBLUTH PARK, ESQUIRE ATTO~EY I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. STATE STREET DOYLESTOWN, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK PLAINTIFF VS. ROBERT E THOMSON DEFENDANT NO. 01-2298 PRAECIPE TO MARK JUDGMENT SATISFIED, SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mark the above captioned matter satisfied upon payment of your costs. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE ~/ i ,r?,~--r"" " i ~- f" ' I ;' I- ~-- , f ~ .. --,~~ ,-~~.~-.. -~~,~, ,."."""..,,,,,,,', " ~ '~M . ~~. I'C "'~~,,' -~." 0 V ,-~ ""'~ _w ...,=-."-,..=,,..,,-~~ -'~~""~'.&-""~' M" ... .-- ",-",~-,"-,,,;,,- '-'N&"''':r'r"'' 0 C') c: s: "'" ""OeD m'rT! ,:;) -.0.-'\- Z::c, f~~";" t;<; I --,j";'1 r-.~) ';r"-' ~~: ~~~ (~) "'p -.,-'1", ~o ..F_ ~~~ >8 :..> 6r"/1 ~ :.v ~ :c (X) -~ ~~.,~~.," ~~JWl , . _"~,~i(it'$~~~!~'ffi!ilHlllIj;,."iJfr""""'/\'0'f~>;""'"):'i",,c'Tf'""~nlY"!'?!!i;:;-'"'I.\~i"1\l[m""'~!W1l!;rUi~~!~i~'~~~~'?l SHERIFF'S RETURN - REGULAR CASE NO: 200l-02298 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS THOMSON ROBERT E RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon THOMSON ROBERT E the DEFENDANT , at 0014:42 HOURS, on the 30th day of April at 5073 RITTER ROAD , 200l MECHANICSBURG, PA 17055 by handing to ROBERT THOMSON 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 8.06 .00 lO.OO .00 36.06 S;:i2~~~( R. Thomas Kline 05/0l/200l PARK LAW ASSOCIATE Sworn and Subscribed to before By: me this day of A.D, :.~o i~-')I"~l~."""",,,,,",,,"_- ~, ,,~,?_, I ~--' 1 - ,_. .~- ~~"'.