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HomeMy WebLinkAbout01-03330 '~q;.,~ ,-~. . c . 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. DEBORAH A PUSKAR Defendant No.OI-33JO C()~lY~ NOTICE: You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rlil J 'F" T_' -- 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#:4428670260003922 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS DEBORAH A PUSKAR 3010 DICKINSON AVE CAMP HILL, PA 17011-5228 DEFENDANT NO. tJ / _ .3:J Jo ~ -r.tAA"l'-- 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 A PUSKAR, has a mailing address at 3010 DICKINSON AVE, CAMP HILL, PA 17011-5228, 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 4428670260003922. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. j -''IV?,!\.[, _~~_ ,.: ,__ - ~ f' ~" 4. The Defendant requested an account, account number 4428670260003922, 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 $25,634.54 as of , 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 $4,357.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $25,634.54, plus pre-judgment interest at the contractual rate of 21.99% per annum from until the date of the judgment herein, plus reasonable attorney's fees in the amount of $4,357.00, 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. /1 -{;I"o... ,,'" ~==<~ ,~. - .- ,~ , ." - , ..n \,q 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 $25,634.54, plus pre-judgment interest at the contractual rate of 21.99% per annum from until the date of the judgment herein, plus reasonable attorney's fees in the amount of $4,357.00, 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 ORDER FOR SERVICE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. /f :~~" '""'''''Of., , VERIFICATION I, DELORES CHARLES , 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. 1 declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in the State of California. b\~ Date Designated Agent , '-"'> H f'- 'A ,'-, ~. ~ , ~,.- --, PROVIDIAN' eXHIBIT __~ Providian National Bank VISA@ or MasterCard@ Account Agreement for Deborah A Puskar February 14, 2001 Please review this document and kee~ it with your other important papers. This Account Agreement contains the terms which gqvem your Providlan 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 aiso be provided \0 you as an additional way to use the /;Ic,count. .In this Aaree!11ent, ~you" and "your" mean ea9~ person for whom we have opened a credit card Account. "We," "our," "oursJ" and "us" mean Provldlan National BanK or Its assignees, as listed on your billing statement. The Account may be used only for personal family householu, and charitable pulpOses, and not for any business or commercial pUlpOSe. Any use of this Account shail constitute accepfance of the terms of this Agreement. You and we agree as follows: Payments. You will receive a monthly statement showing your outstanding balance. Payment on. this Account is 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 with payl'llent 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 paYJ11ents on any other account you pave with us or our affiliates. The payment due win be: 2% of the .n~w balance shown on your statem,?nt Rlus the amoul1l of any past ctue payment, ancj may Include the. amo\lnt by which the new balance exceeds your credit line. However, the payment due Will not be less than ~15 (unless your new balance IS less than $15, In which case the payment due will be the amount of the new balance). If your Account is past due or above lhe creait line, we may require a higher minimum payment, bul we will notify you before doing so. If your paYlJlentis more than the payment due it !lVil) be treated as a siQgle payment.aQd non~ of it will.be applied to future payments aue. We may accept late or panlal payments, or payments marked 'paid In full" or marked With other restnctlons, Without lOSing our right to collect all amounts owing unaer this Agreement. Finance Charges. EKcept as described in the Grace Period for Purchase Balance section of this Agreement. finance charges begin to accrue on a debit when it is incluaed in one of your daily balances and continue until that balance is reduced by a payment or credit. 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 selVlces; one or more l,ustom Cash Advance Balances, which consists of balances that you transfer to your Account using balance transfer checks and balances that we transler ror you; ana me \;asn Aovance Balance which consists of all other cash advances and cash ai'lvance transaction fees. Any Qayment amount we receive that exceeds me llnance 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 fo the Balance with the next lowest APR, until that Balance is zero, and then to any remaining Balance. -We resel'le \fie right to apply payments differently without turther notice. The Purchase, Custom Cash Advance, and Cash Advance Balances are reduced by payments as of the date received, and by credits as of the date posted. Purchases are included in your Purchase Balance as of the date made. Custom casH advances are included in your Custom Cash Advance Balance as follows: funds electronicallY transmitted to other lenders to transfer balances, as of the date transmitted; cheCKS to transfer balances, as of the date presented to us. Other casH advances are included in your Cash Advance Balance as follows: cash advances from other financial institutions and through Automated Tellers, as of the date made; cash advance. checks made payable to yOU that are identified as cashie~s checks and mailed to you at your r[)quest, ~ of seven days after the date we print on the checls all other checks, as 01 the date presented to us. Other debits are inciuded in your Purchase, Custom c;.ash Advance or Cash Advance Balance as of the uate posted. Finance chalmls 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. There is no grace period for custom cash advances or other cash advances. To figure the daily finance charge fOf each type of Balance, we start with your previous day's Balolnce, add all debits and subtract all credits for the current day and multiply the net amounl by the applicable daily penodic rate (see following paragraphs). 1 he finance charge for each type of Balance is then added to and included in that day's Balance. We treat a coot balance for any day as zero. We determine the total finance charges on balances for the billing cycle by adding together ttie finance charges for each type of Balance for each day within .the billing cycle. In calculating finance charges, an adjustment will be made for any transaction or payment that would have affected the finance charge calculation in a prior billing cycle nad it been posted in thal qycie. The applicaqle daily periodic rate for such a transaction will be the rate in effect for !he current billing cycle rather than the rate in effect on the dilte of the transaclion. Your statement includes an average daily balance for each tvoe of Balance. You can multiply.each average daily balance that is not zero by the number of days in the billing cycle and the peliodic rate to obtain subtotals,,- and then add the subtotals together to defermine your totai finance charges on balances for the billing cycle. If a cash advance transaction fee is charged, u ,at amount is also a finance cnarge. The term "Prime Rate" as used in the Agreement means the highest plime rate published in the Wall Street Journal on the first business day of the previous palendar month. Any. increase or decrease i~ lhe Annual Percentage Rate will take effect on the first day of your billing cycle and may result in a slight Increase or decrease In the amount of your minimum payment. The ANNUAL PERCENTAGE RATE (APR) for purchases is 7.9%, corresponding to a daily periodic rate of 0.02164%. You can arrange to have a valiable APR for custom cash advances that is lower than the weighted average ot the non.introductory APR you have been Qaying 0"20the -total balanc.es yo,u bave tranSferred trom other credit card, retail, and ,installment accounfs provided your other accounts were open in February 01. In calculating thiS APR we Will take mto account the APRs on the credit account balances you have transferred from other lenders. This APR is available only if you provide proof, in the form of copies of your most recent billing statements, showing your other non-introductory APRs. Your new APR will be valiable, based on Prime Rate and will take effect in the billing cycle following our reView of your P.fQOf'A but [1Qt e~~ier thim the end of your courtesy peliod. If we do not receive such proof your APR for custom cash adVances will tie as follows: T~e ANNU L PERCENTAGE RATE for custom cAapsh advances may va/Y. and will ba adiustea eacn billina cycle to 5.57% above Plime Rate, but will in no event be less than 13.82%. Using this formula, the R for custom cash aavances in the February 2001 birring cycle is 15.07%, correspo!\ding to a daily periodic rate of 0.04129%. The ANNUAL PERCENTAGE RATE for cash advances is 21.99%, corresponding to a daily periodic rate of 0.06025%. If we receive your Account payment late 2 or more times in any 6-month .!leriod, on each such occurrence we may. increase the APR for purchases up to a maxim~m of 23.30% (corresponQing to a <:jaily p~riqdic rate of 0.06384 *'1 and increase. the AP~ for cash adVances and custom cash advances up to maKlmum of 23,30% (co~sp'ondlng to a dally panodlc. rate of 0.06384%). I alter you receive the higher rates your payments are received on time and you meet all other terms of !hls AJJreement.for 3 conseculive months, you may contact our Customer SelVice department and at your request we will review your Account for a possible APR reduction. ' , Grace pedrio~ for Purchase Balance.. Ne!IV purchases posted to yo~r Account in billing cyqlEls with no previous balance or when the previous balance was fully paid ~nng the cycle do not begin to IQcur a finance charge until the start of the nexrblllmg cycle. You will pay no ~nance charge on such new purcnases If you pay the 101\11 new bqlanpe In full by the payment due date shqwn pn your statement. New purcliases posted in any other billing cycle incur a finance charge, and there IS no penod 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 replace; each retumed payment; each check you wlite on your Account that we retum (Confinued on reverse) (5846-0698) 4428670260003922 1531 595T5028 i-"t~i;>H;"Mif~I\'[,>;lIitlr'~I~~~~J~_~"~~jlQI,,,,,,,,,!-'1""""""'"" _ ='. unP!lid' each stop payment order or renewal of such an order, each billin.g cycle within which your Account is delinquent (late c~arge); and each billing cycle within Which your balance exceeds your 9redit line (overlimit lee), ev~n if your Account is closed. If you request copies of billing statements.that were filjlt sent to you more than three month,s earlier, we may charge a handllng!ee of $2 for each such copy. If you. request that ~e m~ke a one-ijrn.e automatic 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 chaflll'l a transaction fee Of 3% (minimum $5), which is a one-. time FINANCE CHARGE, on the ~unt of eac,h cash adval\OO, including cash from financial instiruijons, and A TMs, wire transfers, money orders, lottery tickets, casino gaming chips, and Similar transacijons. Defaull You will be in default: if any inforT11aijon you provided us p'rQves to be incqmplete or untrue; i.f.Y04 dO not comply With any pa(l of this .Agre.ement; upon your death bankruptcy or insolvency; If you do not pay other aebts when due; If a bankruptcy petition IS filed by or against you; or If we believe In good faith that you may not payor perform your oliligations uncfer this Agreement. If you are in default we may, without furtlier demand or notice, cancel your credit privllelles declare your Account balance immediately due and payable ~nd use any remegy we may have. In the event of your default, the outstanding Dalance on your Account shall conijnue 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 ijme In a separate notice. Your monthly statements show your credit line and the amount 01 your available credit. We may increase or decrease your credit line based on il]formation we obtained lrom you or your credit records. Your available credit is normally the difference between your credit Ii,ne and yo~r AC!)ount bala~ce (including transa9tions made or aul/1oriled but not yet posted). I(you send us a large P.1Iyment check, we may limit your available croolt while we conllrm !h.at the check Will clear. For certain transactlonsl available credit may be less. You will not use your Accounl for, and we may refuse to honor, any transaction which would cause you to exceed your availaDle credit. Promise to Pay. You promise to pay us when due all amounts borrowed when you or someone else use your Account (even il the amount charQed exceeds your permission), all other tfansactions and charges to your Account, and collection costs we incur including, but not limited to, reasonable attomey's lees and court costs. (II you win the suit, we will pay your reasonable attomey's lees and court costs.) Changes. After we p'rovlde you any notice required by law, we may change any p'art of this Agreement and add or remove requirements. If a change is made 10 the Finance Charges section 01 this Agreement, the new finance cnarge calculation will apply to your entire Account balance from the effective i:late of lh.e change. Changes Will apply to balances that include items posted to your Account belore the dete 01 the change, and will apply whether or not you conijnue to use the A"ccount. Foreign Exchange/Currency Conversion. II you use your Card lor transactions in a currency other than U. S. dollarsbthe transactions will be converted to U.S. aollars, generally using, eith(lr a (i) govemment-mandated rate or (Ii) wholesale market rate in effect the dey elore the transaction is processed, increased by tflree percent (j%). II a credit is subsequently given lor a transaction, it will be decreased by the same percentage. The currency conversion rate used on the conversion date may differ lrom the rate in effect on the date you used your Card. You agree to accept lfte converted amount in U.S. dollars. The Cardl' Cancellation. You may cancel your credit p'rivileQes 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 reserve the rig~t not to renew lhe Card. We may cancel the Card and your credit priVileges 'at any time after 30 days noijce to you or without notice if permitted by law. 11 your Card is cancelled or not renewed, linance charges and other lees will continue to be assessei:i, 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 il 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 days notice if you chanQe your name, home or mailing address, telephone numbers, employment or income. Upon our request, you will provide us additional financial inlormanon. We reserve the right to obtain inlormanon from others, including credit reporting agencies,-and to provide your address and information about your Account to others. We may also share information with our affiliates. However, you may write", us at any time Instructing us not to share credit Information with our affiliates. If you db not fulfill your obligations under this Agreement, a negative credit report that may reflect on your credit may be submitted to the credit reporting agencies. Customer Service; Unauthorized Use, Loss or Theft of Checks or the Card.. Each Card must be signed on receipt. You are responsible lor safeguarding the C. ard. ,your Personalldentilicafion Number!"PIN", which provides access to Automated Teller Machines} and any checks issued to yoU from theft, and k~in~YOUr PIN separate lrom your Card. I you discover or suspect that your cardb Pll'!, or any unused checks are lost or stolen, or that there may be an unau .orized transaction on your Account, you will prom tly notifY us by caning 1-80 -9",,-7221. So we can immediately act to limillosses and liability" you will p one us even though you may also notify us In wriPing. You will not be liable lor unauthorized use occulTing before you notify us of a loss or th..,t If you report or we suweot unauthonzed use of your Account, we may suspend your credit privileges until we resolve the problem to our satisfacliQn 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 oalls may be momtoredcor recorcted Merchant Relations. We will not Qe.IJable il any person or ,l\utomated Teller fv1achine refuses to honor the Card or ~cceDt your checks,.,or fails to retum the Card to you. We have no responslbllltv lor gooos and serv'ces purchased w,th the Card or checks except as required by law. (See "pecial Rule below.) Certain lienefitsthat are available with the Account are provided by third-party vendors. We are not responsible for the quality, availability, or results 01 any 01 the services you choose to use. Slop Payment Orders. If you wish to stop payment on a check, you may send us a stop payment order by writing to us at our address for customer service listed on your ~tatement. You can make a stop p.aYl1)ent ord~r orally by calling the numlier list.ed on your slatement.. When you make a stop payment order you must proVide your Account number and ~eclff9 Informaijon about the check: the. exact amount, the dete on the check, the name a/the pa!1Y to whom il V(as payable, the name 01 the person who .slgned.lt, and the check num~er. yo~ Will be asked to confirm an oral stop' payment order In writing. We may dlsrega(d your olljl order If we do not receIVe a Signed wntten confjrmaijon Within. twl> weeks after the qrai order, or II we have not received an adequate descnplion of the Item so that payment can be stopped. The order Will not be effecijve If the check was PIlld by us lie. lore we had a reasonable opportumty to act on the order. We may, without liability, disregai'd a written stop payment order six months after receipt unless it is renewed in writing. Sthtandard of Care. Because this Account involves both credit card and check transactions which are processed through separate national systems before e tran!l8ction~ are consolidated ~y us,. an.d becaUSe not (Nery check ~nd Card slip will be sent to us, transactions in your Account will be processed mech~mcally wlth04t our necessanly reViewing everY Item. Our p'rocesslng system Will call our attention to certain items Which we will examine. We will exabe mlnl~ all tl'1lfnsacijons. when yoUTre,port thl at your.Card or checks have been lost or stolen. We do not intend ordinarily to examine .all items and we will not neg Igent I we do not do so. "IS ru e establishes the standard 01 ordinarY care which we in good laith will exercise in administering your Account Bhecaluse 01 our limited review, and bepause neithery04r cancelled ch~cks nor Card transaction slips will be returned to you with the monthly slatement, you s ou d be qareful to enter all checks In your check register or ot~erwlse keep a record 01 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. WaiYer of Certain Rights. We may delay or waive enlorcement 01 any provision of this Agreement without losing our right to enforce it or any other proViSion lat~r. You waive: the ~ght to presentment, demanq! prolest, or notice 01 dishonor, any applicable statute 01 limitations' and any right you may have to require us to proceed against anyone before we file SUI against you. ' Applica~le Lawt' l;leverability; !'ossignmenl Nq matter where you live, this Agreement and your Account are govemed by lederallaw and by New ,Hampshire law. hiS ~greemen! IS a final eJq:lresslon 01 t~e agreement between you and us and may not be contraaicted by evidence 01 any alleged oral 119reement. If any proVISion Of t~IS Agreement IS held to l;le In~alid or unenforceable, you.and we will consider that provision m6dlfled \0 conform to applicable law, and the rest 01 the provIsions In the Agreement Will sWl be enlorceable. At any time after we determine in good laith that any proposed or enacted -""""'W!~"'_. ,. ~ . ,.. 7 ,~ " ---~ ~ , .,.. "' ~ ~'" __"~, ' " " . "'~~"!""'!'W~' PROVIDIAN. teglslation, regulatory action, or judicial decision has rendered or may render any material provisions of this Agreement invaiid or unenforceable, or impose any Increasecftax, reporting r~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 permitted by iaw, cancel the Card and your Credit privileges, We !11ay transfer or ~ssign our right t9 all or 8,ome of YOUr payments. if state law regllll"8S 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 mall addressed to you at the address shown on our recordsl unless a longer notice period is specified in this I\greement 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 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. Notify Us in Case of Errors or Que:;tions Aboqt Your Bill. If you fhink your bill is. wrong or if you need more information about any transaction on your bill, write us on a separate sheet, at the address ilsted in the Biliing Rights Summaty on your bili, Write to us as soon as possible, We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared, You can telephone US, but doing so will not preselVe your rights. In your letter, gille 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 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 berore the automatic payment is scheouled to occur, Your Rights and Our ResP9I1sibilities After We Receive Your Written Notice. We must.acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 daysl we must either correct the error or explain why we believe the Dill was correct. After we receive your letter, we cannot try to collect any amount you ques ion, or report you as delinquent. We can continue to bill you for the amount you question, including finance charg?s, and we can apply any unpaid am9unt againstV9ur credit line, You do not have to pay any questioned amount wh~e we are investigating, but you are s1111 obligated to pay the parts of your bill that are not In question. If we find that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up the missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due, If you tail to pay the amount we think you owe, we may report you as delinquent. However, if our explanation does not satisfy '(ou and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you question your bill. And, we mus tell you the name of anyone we reported you to, We must tell anyone we report you to that the mailer has been settled between us when it finally is, If we don't follow these rules, we can't collect !he first $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases. If you have a problem with the qualilY of the property or selVices that you purchased with our credit card and you have tried in good 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 limitations on this ri,ght: (a) you must have made the purchase in your home state, or if not within your home state, witliin 100 miies of your current mailing address; and .(bJ the purchase price must h~ve been more than $50, These limitations do not apply if we own or operate the merchant, or if we mallecryou the advertisement for the property or selVlces, T5028 '")"" ~~~ . -, ,'. --,. ~-~- . ~ <, ~- , "" -"~' %'1 ~ .~ o~ ~ }fm~~", ~"'e" " '_"~',,,"~ ~_ ____~"""~ _~,~_ ~ __ ,." ,,' -, < ~~=,'''''''~= N P t iQ.. 0 ~ ~ t S~ ~ ~ "'0 ( fTj B ~, 9J , ""~' '- c ~ t~ '- -- -- VJ ~ () r,.: I, .. ~ ~ I 1 -'7. . ~-~- , '\1 fE! ~ y:::- ~ ~t -<', ~ -!: co C,.:'l '~'-' ~~) - -'>-..' . ";11 18 "j,\ .JJ --< "'~'""""_~=~_<~~~,Ilfl!JfJl\t,ry~':"'i;""""",,,l'l'ii;"'l:'"""";;Fm-'1'''-.p~'!l'~''''~.'~__m~~~~m'l!l_~""'i:fi_(I(i!~Jil1'irb.~Wffif;~p!,,,,..;ilj<tf<~'-$f. SHERIFF'S RETURN - REGULAR CASE NO: 2001-03330 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS PUSKAR DEBORAH A GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PUSKAR DEBORAH A the DEFENDANT , at 1910:00 HOURS, on the 13th day of June , 2001 at 155 S ENOLA DR ENOLA, PA 17025 by handing to DEBORAH A PUSKAR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.30 .00 10.00 .00 37.30 ~~~~~~ R. Thomas Kline 06/18/2001 PARK LAW ASSOCIATES Sworn and Subscribed to before day of BY4 0~ ~I . Deputy S iff me this ;(! ~ ~ .;2&0/ A.D. ~n.a. ~.#~ t~ r thonotary I "F%\ J~, ,., , oft ~ ", -~~.=. '"=~"'~- -~ ."~ " ....~ VALERIE. ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA PROVIDIAN NATIONAL BANK Plaintiff VS. DEBORAH A PUSKAR Defendant NO. 01-3330 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 ASSOCIATES, BY: VALERIE ROSENBLUTH PARK, ESQ. i;"'n!~!"',",o/",,~,~._;,> . -~ ,- ,'T. __..",_..m:f_~~" ,'" g ;';1.,,'0_'" ~~ ~ ;Jim'. ._ W'~fu_,~!fi -~, o , -', '" '-'-'~ ",-". 0'-"-'-'" " 0 ,,,.. 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