Loading...
HomeMy WebLinkAbout01-03333 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 B PARK NOTICE NO. 6/ ~ .33JJ Go;C/-~ 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. f".-<'T '" ,0 ~ ~ ~~ " 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#:4428002718800982 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH03276 PLAINTIFF VS ROBERT B PARK 319 W MAIN ST MECHANICSBURG, PA 17055-3240 DEFENDANT ~."'/~ NO. 01- -3333 l.A,..VU CIVIL il.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, ROBERT B PARK, has a mailing address at 319 W MAIN ST, MECHANICSBURG, PA 17055-3240, . 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 4428002718800982. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ]F;" ,.~, __" '[I , ",,' - ~ ,~.' "~,-"'- 4. The Defendant requested an account, account number 4428002718800982, which is owned by the Plaintiff, and an Account Agreement was sent to the Defendant. A copy of the Agreement is attached hereto as Exhibit "A" and made a part hereof. 5. The Defendant has failed to pay the amount owed in accordance with the Account Agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $9,348.50 as of 03/29/2001, plus pre-judgment contractual interest at the rate of 25.90% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $1,589.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $9,348.50, plus pre-judgment interest at the contractual rate of 25.90% per annum from 03/29/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,589.00, 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. ,,",,, 1ll!,n \.. -"'1-' ",0 ," 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 $9,348.50, plus pre-judgment interest at the contractual rate of 25.90% per annum from 03/29/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,589.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALE 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. ,l;n:~,",,",_~~_l, ~ "~~ "l'i''''!'' " " "~, ~~ ." I, VERIFICATION 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. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in the State of California. 'D~~ Date Designated Agent ^t",.""__ ," . . " ,__~ sr ? .. . ~'~.""""!' '~1~_""-"~' """'",__;;,-",s,:,,,,,,,,,,,"~,,,,-;,,,<-,,,_,, JIi'~ 'l~ (\1~ PROVIDIAN ~ Financial IiJ iJ '~ ib iJ 'i? '~ ~ 1iJ, ~ iiJ IiJ ~ Jj) ~ '~ ~ ~ IiJ , , EXHISrT' A ,_.._-~' ,.._ <, __~,~=.~ ~_~..o==-"-= Providian National Bank VISA@ or MasterCard@ Account Agreement for Robert B Park January 16, 2001 Please review th, is document, and kee~ it with your other important papers, This Account Agreement contain~ the terms which govem 'lour Providiahn N"action~)1 Bank VISA or MasterCard Account the "Account"), The Account allows, you ,to make pur:cha,se~ by uSing your VISA or MasterCanj card t e ,arel wherever it is hohored and'tb get cas advances from us or any other partlclpatmg finanCial mstitulion and from Automated Teller Machines. donvenlence checks may alsd be p'roVi~d 10, 'lOll as an additionai way to use the Account. In this Agreement, "you" and "your' mean each person for whom we have opened a credit i:ard Aceourit. "We "our," "ours" and "us" ,mean Providian Nationai Bank or it~ assignees, as IIsled on your billing statement. The Account may be usedonlw for ~fsdr1al familY I househoia, and chantable purposes, and not for any busmess or c,ommerClal purpose, Any use of this Account shall constitute accepfance of the'terms of ,his Agreement. You and we agree as follows: , PaYl!lents. You Wi,lI ~, ,eive a monthly statement showing your outstanding balance, Payment on this Account is [l1quired in U,S, dollars (ch.ecks must be payable at a U,~, office 01 the bank the check is drawn on), for at least the payment due as shown on your statement by the payment due dale 10 accordhancke With payment iJislnl~tiOJisdri your monthly statement. The back of your statements shows the rules we follow when we P.9st payments, ConvenlEilnce c ec s and other che,ck, SW" e iSsue!tb you maY not be used to make payments on your Account or to make payments on any other account you ~ave With us or our affiliates, The pa~ment rOue win be: 2% of the new balance shown on your statement plus the amount of any past due paymE\!lt, anl) may Includ~ the, amo~nt by which the new Qillanceexc:eedsyour credit line. However, the payment due will,not be less than $15 (unless ypur new balance IS I~ss than ~15, 10 which case the paY!lleht:,duEl!'Wijl'!Je the 'amount of the new balance), If your Account IS past due or above 'the credit line, we may require a higher IT)mlOlUm payrpent, bUlwe, will ',r1,oti, ',!vi~, o,u belO, re, doing so, If your paYOlent is more than the payment due, it )ViI,1 be treated as a siogle payment,aod none of It will ,be applied to futule! p<ji[l:nents! cue, We may acc~pt late or partial payments, or payments marked paid In full" or marked WlIfI other restrictions, without lOSing our right to colle~l,allamounls owing uncer thiS Agreement. Finance ChariJllS. :Ex9llPtas described in the Grace Period for Purchase Balance section of this Agrjlement. finance charges begin to accrue on a debit when it is inclUC$din oil$ dl,your daily balances anq continue until that balance is reduced by a payment or credjt. Your Account has the following balaoces: The Purchase,IBlll'anCEl :WDIP~ consists of your eXisting Pu(chase B,alance and new purchases you make With your Ca(d and fees for certain optional seMces; one Or! mQre I k;ustom Cash Advance Balances, which consls~ of balaoces that you transfer to your Account uSing balance transf!3r checks and balances that W. ~ lransfe.t lor ~0u.;'ana me ~asn Aovance Balance which consists of all other cash advances and cash aavance transaction fees, Any ~yment amoWnt We !6Cei~e at Eixcee.ds me IInance cnarges and fees then due will ordinarily be applied first to the Balance with the lowest Annual Percentag~ .~.te, (Pi. '.PRA.. '. un. tiUhatBalance 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 lfie right to apply payments differently without further notice. The purchase,.,CuB\om.:: C. .as~.~,. AdviJ. n.ce, and Cash Advance Balances are reduced by payments as of the date received, and by credits as of the date posted, Purchases areli~cIUde\iJnn' our PUl1lhase Balance as of the date made, Custom cash advances are included in your Custom Cash Advance Balance as follows: fundS, ~lebtJ;q~ipal y;tran~l11itted to other lE\nders to transfer balances, as of the date transmitted; cheCKS to lransfer, balanp8l\, as of the date p'resented to us., O!llElrGas~ ,advanoes are Included In your Cash Advance Balance as follows: cash advances from other finanCial mstitutions and through Automated TeUers,as;'Qf'lh~ datEimade; cash advance checks made payable to you that are identified as cashiers checks and mailed to you at your ~uest, as of S~Y.1 e~ da.'Y8..illt." orthel(!ate we print on the chec~_all other checks, as of the date presented to us, Other debits are included in your Purchase, Custom Cash ~,iM!l"ce"ormllsh AClVance Balance as of the ""te posted, Finance chal'9-es are added to your Purchase, Custom Cash Advance, and Cash Advance Balances each day and are then posted on the last day of the billing cycle, There is no grace period for custom cash advances or other cash advances, . , To figure thedailyfinarnpe :aharge lor each we of Balance, we start with your previous day's Balance add all debits and subtract all credits for the current day and m~Jij~.I.. 'me nel,a~0(jnl bY. ,the applicable daily pen odic rate (see follOWing. paragraphs), The finance charge for each type of Balance is then added to and inel .", il'i,lha\I,I:laY,$'Balanca, We treat a creOit belance for any day as zero, We determine the total finance charges on balances for the billing j pycle,bya ding toileth~(ll1elfinanoe charges for each type of Balance for each day within the billing cycle, In calculatinJl finance charge_s~ an adjustment win . be made for allY; tIiIhsaCtioO! or paWrlent Inat would have affected the finance charge calculation in a prior billing cycle fiad it been post"" in thai cycle, The !lPPlicaqle daily pe~Odjc: r'$te for such a transaction will be the rate in effect for me current billing cycle rather man the rate in effect on the date of tile transaction. Your statement inclu~. an aVerage daily balance for each tvce of Balance, You can multiply each average daily balance that is not zero by the number of gays in the billing 9YCle;arj~ l!\e,periodic rate to obtain subtotals"and then add the subtotals together to defermine your total finance charges on balances for the billingcycl~,: IfaC!lsh ai:lyahce transaction fee Is charged, lIIat amount is also a finance charge. The te... rm "Prime,. Ra..... ..te",I.~s. rUse. . .'d,in tha AgreelT)ent means tile highest prime rate,published in the Wall Street Journal on, t~e first business day of th~ previous palend<lr mOTl\!1,' /Arri. mcl'$!lse or dacrease 10 !I1e Annual Percentage Rate Will take affect on the first day of your billing cycle and may result In a slight Increase or ~f'\!qse l~thE!amountof your minimum payment. The ANNIiJALP~~eE~'f~~~ RAtE (APR) for purchases is 21,9%, corresponding to a daily periodic rate of 0,06000%, The A~NIiJA~ :P~~p~~.o:GE RATE for custom cash advances is 23,9%, corresponding to a daily periodic rate of 0,06548%, The ANNUALPEF/.CENTA13E RATE for cash advances is 23.9%, corresponding to a daily periodic rate of 0,06548%. Ifw~receivei~.' urAcctlu......n..t. !p~. '. en.t. late 2 or ,more limoS in any 6-montlljJeriod, o,n each such occurrence we may increase the APR for purchases up to a maJqmum of 3!90% (IlOrrespondlnQ to a dally penodlc rate,of O,06548li> and Increase the APR for cash adVances and custom cash advances p to m8Xlmumof 2 '. .90,~A. (0~fIil. sp'.pnding to a dally periodic. rate of 0,07096%), Ii after you receive tile hjghE\r rates your paymeots are received on time. an~ you meetall othert~l1T]s ol'.lhi$,Agreerliant.for 3 consecutive months, you may contact our Customer saMce department and, at your request we Will review your Accountforiapo~lbleAPR reduction. ' GracE! p. erio~. for. I'ure, ha~,~ BalaTlce. New purchases posted to your Account In billing cycles with no Rrevious balance or when the previous balance was fully,pald d~ring ~e,cyqle do not begin to iocur a finance charge until the start of the nextbilling cycle, You will pay no finanCe charge on s~Qh new , pUfirchases If you!PljY meiq~I' new bljlanpewhln full by the payment due date shQwn on YOur stat!3ment. New purc~ases posted In any other billing cycle Incur a nance chljrge, and t~ere IS no penod m Ich such purchases may be repaid Without Incumng a finance charge, Rebt ate, On !~e last day ,of each monthly statement Qeriod we will credit your Account with 1 % of your net purchase transactions posted during the sta ement penod, "Nel Furchase Transactions" means Card purchases, less purchase adjustments and purchase credits posted during t1ie period, F~lesl b' If'yourA~ount is a VISA ,Gold or Gold MasterC~rp Account, the annual fee i~ $35, For all other accounts the annual fee is up to $0, This annual fee WI ~ c"arged to your 'Acqount In the fOur\h monthly,bllling cycle after the account IS opened and everY twelfth monthly billing cycle thereafter, We will not cGlal rge an ann~al fo~ fO.',.r lI)e:fir:stfifl.een billing cycles If you use your Account to make a purchase or taKe a cash advance in llie first three billing cvcles, We I'!I . notcharge"an annual lee' In any subsequent year IT you have used your Account to make a p'urchase or take a cash advance in the preceOing twelve billing cycles. If you close your Account for any reason during the billing cycle in which the annual fee is charged, we will either credit your Account or refund (Continued on reverse) (5846-0698) 4428002718800982 0184 462 Z561 "W:~~'t--11~~":I"~~IlII11W!!!11'l1!1~lm1,jFff'""rm"Wl7fl!!~I'i!~~f~'9I"1~H'.ll~'l"'liW'!\l!IIl~', . "'~- ~'o.I'IIIIII1I"""""""-~ ,'_,~~~~,^,.... '~I'W"" , " to you the porti~n of the annual fee which has been paid, We may charge your Account $0 for: each Card you ask us to rep1ilge; each re\UJ'!1ed Pil'/Tllent; ellCh checR you write on your Account that we, riltum unpai.d;, each, stop payment order or renewal of S4ch an orQer. each billing cycle Within w~ic"h your Account is dillinquent (late charge); and each billing pycle Within which your balance exceeds Your credit line (overlimil fee), even If YQur Account IS ChlOSed, If you request copies 01 billing statements that were first sent to you more than three months earlier, we may c~arge a handflng fee of$2 for each Sl!,C cQP.Y, , If you request that we make a one-time automatic pay,ment from your personal checking account, we may charge your credit card account a fee of 1>4.k95 fbr each request. This fee is a FINANCE CHARGE, ano it will apply regardless of whether funds are availabie in your personal checking account to ma e the payment. . , . We may charge a transaction fee of 3% (minimum $5) which is a one-time FINANCE CHARG!", on tha !lrT)ount of eac/l cash advance, Including cash from financial institutions, and A TMs, wire transfers, money' orders, lottery tickets, casino gaming ChiPS, and Similar transactions, Defaull You will be in default: if any information you provided us p'roves to be inco,mplete or untrue; i.l.Y04 do not comply '!lith any par:! of this ,Agre,ement; up,gn your death bankruptcy or insolvency' if you Co not pay other i:lebts when due; If a bankruptcy petition IS filed by or against you; or if we believe In,gooo faith that you may not payor perform your oliligations under this Agreement. if you are in default we may, without furtlier demand or notice, cance your credit privileges, declare your Account balanc,e immediately, due and payable anq use any remegy we may have, In the eyent of your default, the outstanding llalance on your Account shall continue to accrue Interest at the APR(s) disclosed In the Finance Charges seclion 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 tirT)e,in a separate, notice. :Your monll1ly statements show your qredit line and the al)1oulnt of y~>Ur available credit. We may increase or decrease your Credit line based on Information we obtained from you or your credit records, Your avallab e crealt Is normally the difference between your credit line and your Account balance fincluding 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 ft1at th~ check will clear, For certain transactions. availa!;lle credil 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 avallaule 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 permission). all other transactions and charges to your Account, and collection costs we incur including, but not limited to, reasonable attorney's fees and court cOsls, (If you win lha suit, we will pay your reasonable attomay's fees and court costs,) Changes. Alter we p'rovide you any notice required by law, we may change any p,art of this Agreement and add or remove requirements, If ach,ange is made 10 the Finance Chal'lles section of this Agreement the new finance cliarge calculation will apply 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 before the date 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 convertesedd to US. collars, generally using, either a (i) government-mandated ra. te or (ii) wholesale market rate in effect the day .efore the transaction is proces , inCreased by fl1ree peroent \j%), If a credit is subsequently given for a tralisaction, 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 !lie converted amount in U.S. dollars, The Card; Cancellation. You may cancel your credit p'rivileges at any. time by notifying us in writing and destroying the Card(s), Upon the Card expiration at the end 01 the month shown on it, we resEll\le lha rialit nol lo renew \he Cart!, We may cancel the Card and your credil P!iv1leaes al a[lY time after 30 days notice to you or without notice if permitted by law.Tf y,qur 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 cancei or do not renew the Card, you may no longer write checks on your Account, and you shouid destroy any unused checks we have Issuecflo you, Personal Information; Documents, You will provide us at least 10 days notice if YQU change your name, home or mailing address, telephone numbers, em~iOyment or income, Upon our request, you will provide us additional financial information, We reserve the rignt to obtain information from others, i udlng credit reporting agencies ano to pro~lde your address and information al,1qut yoyr Account to 0 ers, e ma also share information with our ~ iates, However, you may write 10 us at any time Instructing us not to share credit information with our affi~ates. Iryou ~ 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 rewonsible for . safeguarding the Card, your Personalldentifica~on Number ('PIN', which provides access to Automated Teller Machines) and any checks issued to you; from theft, aM keepingYQUr PIN sepl![ate from your Card. If you discover or suwect thai your Card PIN Q( any unused checks are lost or stolen or fIlal there, ~y. be anuQaUll10rized transaction on.your Account, yqu will prorT)p.tlynotilY u~by calling 1-80b-933-722), So we can lrT)mediately aello li{l1illosses and liability", you Will phone us even though you may also notify us In wnting, You Will not be liable for unauthonzed use occumngbefore you notify us of a los~ for thell If you report or we su~~r unauthon,zEld use of your Account, we may suspend your credit priviieges until we resolve the problem to our satis action or issue you a new Card, If your Card IS lost or stolen, you will promptly deslJ'oy all checks in your possession, To improve customer service and security, you agree that your calls may be monitored or recorded Merchant R.elations. W. e will not be liable if any parson or Automated Teller Machine refuses to honor the Card or accePt your checks" or fails to retum the Card to you. We have no rew,onsibilitv for gooes and services purohased with the Card or checks except as required by law, (See "pecial Rule below,) Certath In liepefils that are availlible with the A"ccounl are provided by third-party vendors, We are not responsible for the quality, availability, or results of any of e services you choose to use, Stop Payment Orders. If you wish to stop payment on a check, you may send us a stop p<!yment order by writing to us at our address for customer service listed on your statement. You can make a. stop p~ent order orally by. calling the numlier listed on your statement. When yoU make.a stop .payn)ent.Orderl . you must provide your Account number and specifiC information about the check: the exact amount, the date on the check, the name of the P<!flY to whom i 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 disregard your orql order if we do not receive a signed written confirmation within tw9. weeks alter the oral order, .or II we have not received an adequate descnp.tion of the Item so that payment can be stopped, The order will not be effective If the check was Pilid by us before we had a reasonable opportunity to act on the order, We may, without liability, disregard a written stop payment order six months after receipt unless It Is renewed In writing. Standard of Care. Because this Account Involves both credit card and' check transactions which are processed through separate national syStems before the trah n~aalclion~thare consolidated by us, and because not every check and Card slip, will be sent to us, transactions in YQvr Account will'be processed mee antC IV WI out our necessarily reviewing ever! item. Our p'rocessing system will call our attenlion to certain ilems which we will examine. We will bexamlnl~ all tl'!lfnsactions when you report that your Card or checks have been lost or stolen, We do not intend ordinarily to examine all items, and we will not e neg Igent I we do not do so, Ttiis rule establishes the standard of ordinaN care which we in good faith will exeroise in administering YOUr Account. Because of our limited review, and because neither your cancelled checks nor Card transaction slips will be returned to you with the monthly statement you should be qarelulto enter all checks In your check register or otherwise keep a record of them. You should also saVe your credilcard c\\sh 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, Waiy~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 proVISion lat~r, You waive: the nght to presentment, demanql protest, or notice of dishonor; any applicable statute of limitations' and any right you may have to require us 10 proceed agalnsl anyone before we file SUI against you, ' Applica~le LaWt' ~everability; ~signmenl No matter where you live, this Agreement and your Account are govemed by federal law and by New Hampshire law. hiS Agreement IS a final expression of the agreement between you and us and may not be contra~icted by evidence of any alleged oral --'1,,,*,,,,,,,,,,,,~,.!iljp, -,.,,--""...... -~" -', . -," ,~ ~._.~........"''''' _:~.t .,~ iJiJ) PROVIDIAN '-------- Financial I ~ '~ ~ i7 ~ '00; 17 i17 ~,~ iJ 'iil7 iJ iil7 it; iil7 ib ii '~ -<f' ~, .. c 'c_ '"_ ,";'.'>c'--,_ r__,,~;,'_"'_""<""";' :c'"_";' agooement. If any provision of t~is Agreement is held to I;>e in,valid or unenforceable, you,and we will consider,tha\ provision ,modified to conform to applicable laW and the rest of the provisions In the Agreement Will stili be enforceable, At any time after we determine In good faith that any proposed or enacted iegislation, regulatory acfion., or judicial decision has rendered or may render any material provisions of this Agreement invalid or unenforceable, or ifT)pose any increasecftax reporting' requirement, or other burden in connection with any such provision or its enforCement, we may, after at least 30 days notice to you, or without notice if perli1it~d by lew, cancel the Card and your Credit privileges, lNe may transfer or OjsSlgn our nght 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 sucli notice by filing a finanCing statement with the state's Secretary of State. No~ces. Other notiCes to you shall be effective when deposited in the mail addressed to you at the address shown on our records, unless a longer notice period is specified in this /(greement or by law, which period shall start upon mailing. Notice to us shall be mailed to our address lor 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 Biiling Act. NotifV Us in Case of Errors or Questions Aboy! YOI/f 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 listed 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 telephone US, but doing so will not preselVe your ngnts,ln 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 informafion, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us three business days before the automatic payment is scheouled to occur, . Your Rights and Our Respl!.nsibilities After We Receive Your Written Notice. We must acknowledll!} your letter within 30 days, unless we have correcteCI the error by then, Within 90 days we must either correct the error or explain why we believe the lilll was correct. After we receive your letter, we cannot try to collect any amount you qUestion, or report you as delinquent. We can confinue to bill you for the amount you question, including filiance chargeS, aQd we can apply any unpaid amount against Your credlt line, You do not have to pay any questioned amount whne we are investigating, but you are sull obligated to pay tHe parta of your bill that are not In question, If we find that we mada a mistake on your bill, you will not have to pay any finance charge related to any questioned amount "we didn't make a mistake, you may have to pay finance charges, and you will have to make up lhe 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 fail to pay the amount we think you owe, we may report you as delinquent However, if our ewlanation 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 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 oetween 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 Credit Card 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 in good faith to conael 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 right: (a) you must have made the purchase in your home state, or if not within your home state, witfiin 100 miles of your current mailing address; and ,(b) the p,urchase price must h1we been more than $50, These iimitations do not appiy if we own or operate the merchant, or if we mailed you the advertisement for the property or selVlces, Z561 .'7l~' _ ,!r'OO,_ .~ ~ ',r ,~"~ ~'r ~~"..~"~". ~ ~ . ~- EXHIBIT A - ~ ~ . . ~ (J \J:- '[ ~ i' ~ il II ii ii' i ii' i: , i, Ii I I I' I' !) II i',",i[, I,' I i! ........ '" IV ?J rJ n il I !'. , , i i:.\ :';\ II Ij il 'i ;,:j , :-':i ~ ~ ~ "< 0 & ~ ~ I I D (fJ~ r!}: J c ~" "'[; ::-. q-' ~- ;.--~ =< c::':) --.... ,--'" .. ! e ---., (-;i" ~:,.. ~~~ ~:,: .:.:> ',"c_: ',_J <"- ;'~_7 i ' ; :::;::i ,~::; =< :,-.,) 1'0 ~_. ~~. "3f.ili~P'1,,"llIR~~~~~"'~~!.lffl~!!,,,q:r'~1~riwllr;-"'>'"'1i!t11'11':lfl1J]~!fI!1I!lf1""jlit'!mrft1fFfPa~"'m~~~~_~"<'!J'-~' " ~1~1J~;'~~ PROVIDIAN NATIONAL BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, No, 01-3333 Civil Term ROBERT B. PARK Defendant CERTIFICATE OF SERVICE I, Anthony E. Marrone, Esquire, attorney for Robert B. Park, hereby certify that I have caused a true and correct copy of the foregoing's Answer to be served by first class mail, postage prepaid, on the date set forth below, upon the following entity/individual: Valerie Rosenbluth Park, Esquire PARK LAW ASSOCIATES, P.C, 25 East State Street P,O. Box 1779 Doylestown, PA 18901 Attorney for Plaintiff ~((.~ Anthony ,Marrone, EsqUire Dated: 26 June 2001 -- "c, ""~"~_,,,,,,?~ ",""~ q' ''-,,'(;",' ',~0~,_"~",~,~", ,~"""_,""''<';,,., ' ,".,. ,_, ,-"c,"_, ""',,~ ",_.,.".:,~".' '~"'----"'1',' " , ,- ,,~ ~c.'b:~"rt~-- '". ',,"'''-~-" ,-';''''oS' .^'~,(..,-.... ,~-, '-',;""'"', ," " '.'-"< -~, " eR I I j ~ \~ II ~ 11 1j ',,11 " ~ :1 "'1 ; ~i 1~ if I ',,1,'1 ,~t ::1 ~:-j ;Jj ;~ d "-- -, ~~r ~ 0 c' c: " ~:: -t; '-..'-' {-n ,- ;~ ("-J / -, G>:) C", ~ ;-~' , .' '. ;:.--' " "",J -, ,14~~ , '''''0' .< ,"_'_', W-c~-'!-" ' ,-;U~~r;_'_"_;"-'!"_~~";'~'"--"-'-''' crr-~~~I~~.~. ~'~~~'-,' .V ~ PROVIDIAN NATIONAL BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 01-3333 Civil Term ROBERT B. PARK, CIVIL ACTION Defendant ANSWER DEFENDANT, Robert B. Park, by and through his attorney, MILLER & ASSOCI- ATES, P,C" answers the Complaint of Plaintiff, PROVIDIAN NATIONAL BANK, as follows: 1, Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation as set forth in Paragraph 1 of the Complaint and the same, therefore is denied. 2. Admitted, 3. Paragraph 4 is admitted only to the extent that Defendant is indebted to Plaintiff for certain amounts on a credit card owned by Plaintiff having the account number 4428002718800982, otherwise it is denied. 4. Denied. Defendant avers he responded to Plaintiff's unsolicited invitation offering Defendant the credit card, 5, Denied, Defendant avers that until he received notice of this lawsuit, he believed he was current on payments for account number 442800271880982, Defen- dant avers he received no notice he was in default nor other warning, Defendant further avers he made a payment by check, dated 15 February 2001, and received no statements thereafter. 6. Denied, Defendant is without knowledge or infomation sufficient to form a belief as to the truth or accuracy of the allegation set forth in paragraph 6 of the Complaint and the same, therefore, is denied. '"" ,,,. ',"-'''~' ~_9_,_' '" ::."1',,,_,..,,;,,>:,, '",__,' "c,"X'"'"" c.~, ~" .. ~--,- '~'- '-,' -",. ._",~", ,-',~ ,'-< ",--.~- ;-. .. -" ~ " '...- 7. Denied. Defendant denies he is in default and is responsible for Plaintiff's attorney's fees, Defendant further avers that the amount stated, $1,589.00 is unrea- sonable, WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint against him, and enter judgment in his favor, including reasonable attorney's fees and costs of suit, and any other relief the Court deems fair and just. COUNT I - ALTERNATIVE 8, The Defendant hereby realizes and restates its answers to Paragraphs 1 through 7 as though fully set forth: 9, Admitted. 10. Admitted. 11. Admitted. 12. Denied. Defendant avers that he has made payments on the amounts due and believed his payments were current. Defendant further avers he received no notices that the account was in default. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint against him, and enter judgment in his favor, including reasonable attorney's fees and costs of suit, and any other relief the Court deems fair and just. Dated: 26 June 2001 ~~ 1. ~QMd'R Anthon E. Marrone, Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9211 (717) 737-9215 10 No. 48182 -2- \;::".- '--". , ,~, --'F'''On., ,_:- --, :~-~'c.";:"'''' ""; -,_ "~-,A,:",- '~C' "-_' ~c"C!',' )"""/_~ ,"-'~."'-,- -::-;'t'.~ "',~"ri",'~ ,._",_~,~~__.".."",_" >__~ , , VERIFICATION The undersigned, ANTHONY E. MARRONE, hereby verifies and states that: 1. He is attorney for Defendant herein; and 2. He is authorized to make this Verification; and 3. He makes this verification because the Defendant's verification cannot be obtained within the time allowed for filing the Answer; and 4. The Facts set forth in the foregoing Answer are true and correct to the best of his knowledge, or information and belief based upon the information contained in his file and provided by Defendant; and 5. He is aware that false statements herein are made subject to the penal- ties of 18 Pa. C.S. S4904, relating to unsworn falsification to authorities, Dated: 26 June 2001 ~ ct.. mAN\<:N. ANTHONY .MARRONE -3- --"': [{''',,'';'-'''~'~ P,,' '; ,'~"\>__^ '~-('^'!'- -, ~ " ""o_~ . "- ~, "," ' ,,- "--'. "", ';-;:<'~----, ""-"-" -=, ,~, ~ ,o.-~- ~ 11 -I I" 1!: ,~ ~'.,,~-"-" ", .-'~ ,"~" ", ,. ,- ",,-..~,:~,,~-";- ',-" ~ ~~ , - -~. ";~"~', '_'''C'''~_' _ l,,, ""_~,;~:W__,'- ~- .-" ."~~'~~"- o &;;: ~f!q: ::C:.-.,}, .<i--- U::"" ._-~. ' ~~:,;-. -,." ~,_, ,,1 "; ~":, , '-:) ;-) -'-"1 i"',.,) C,", "f') . , ,,-',; '\" ~ ..J "'~~~'-'-:"--~- SHERIFF'S RETURN - REGULAR CASE NO: 2001-03333 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS PARK ROBERT B 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 PARK ROBERT B the DEFENDANT at 0019:56 HOURS, on the 5th day of June 2001 at 319 WEST MAIN STREET MECHANICSBURG, PA 17055-3240 by handing to ALICE PARK 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 18.00 5.58 .00 10.00 .00 33.58 So?~~~~~! R. Thomas Kline Sworn and Subscribed to before 06/06/2001 PARK LAW ASSOCIATES BY:~~ Deput Sheriff '\ me this :.J.9€ day of c..}~ ..2&0 ( A.D. q,'l~' G ~ .~ P othonotary . .. I I '111(-1<'"," ,~- ~~~ ," <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 JAN 2 5 2002 ~ CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS ROBERT B PARK Defendant NO. 01-3333 ORDER AND NOW, to wit, this ~,~ day Of~ ' , 200j)- r upon presentation of the attached Stipulation and Settlement Agreement on behalf of PROVIDIAN NATIONAL BANK, the Plaintiff, and ROBERT B PARK, the Defendant, the Stipulation and Settlement Agreement is hereby approved and made an Order of the Court. ~~ ~o..~~ -{f)o.rroJ e > L~GJ f.\5JOc.. ~~"-!T~U, L ~_ ,~ "1 - BY T J. L~ 1Jij 0) -30-Q ~ " ......-. 't,. , '. \lINVA1ASNN3d A..UIIOm O~!\flf:E18V'4m ! t :8 ~lV OE N'\If 20 1I'1\ll('\lr\-__" ("' ':--! /"Q7........1,-:\'j,I.L.j\."," j:JL:l:i.O-(J=lL~l :10 I '~j~~fflrw,~ilf~~!~N!i!il1l:J.~1JiIl'}!<lf~11ffifl'f{1!"""""'.;o,..:trU"<"f~"";-2';;:::,-,,,,,'.,, m~~'~!F"'>"':',.,..~1;W,f!'flilfl",l'HJ,~!'Hl,~,'1~'T-"M,_;~,W.'!'If!<F'i'J!f'f~!,~ c_ ,. . , ~ VALERIE ROSENBLUIH PARK .,ATTORNEY LD. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS ROBERT B PARK Defendant NO. 01-3333 STIPULATION AND SETTLEMENT AGREEMENT AND NOW, this 315+- day of D....ct'.w>w, 2001, this stipulation is between ROBERT B PARK , the Defendant and PROVIDIAN NATIONAL BANK , the plaintiff, and all parties hereto have consented to this Stipulation and the parties agree as follows: 1. Interest will be assessed at 6% per annum upon filing of this stipulation and Settlement Agreement. Defendant will pay the balance of $11,088.01 plus interest at the contract rate of 6.00 percent per annum from December 18, 2001 until the Stipulation is filed. 2. The first payment of $500.00 is to be received on or before 01/15/02; 3. Thereafter, Defendant will pay this office the sum of $500.00 on or before 02/15/02, and on the same day of each month thereafter until Defendant's obligation including interest and costs has been paid in full; 4. Defendant will make cheCks/money orders payable to Park Law Associates, P.C., attorneys for PROVIDIAN NATIONAL BANK, and mail all checks/ money orders to: PARK LAW ASSOCIATES, P.C. 25 E. STATE ST. P.O. Box 1779 Doylestown, PA 18901 ,~'q_ "_,,,rm ~-~ ., . ~-~ , . , "'1,'<-'.-,,] ,>- . . . I. 5'. Time shall be of the essence so that in the event Defendant does not make any of the requested payments in a timely manner, this Stipulation shall be deemed to be in default and Plaintiff may proceed to file judgment against Defendant for the remaining unpaid balance upon the CONDITION that Defendant does not cure the default within twenty (20) days . . Park Law Associates, P.C. ~. BY: Valerie Rosenbluth Park, Attorney for Plaintiff Esquire BY: lW\..o-R.. Anthon E. Marrone, Esquire Attorney for Defendant ROBERT B PARK hereby acknowledges that I have received a true and correct copy of the Stipulation, ratify same, have had opportunity to consult an attorney, and execute thi Stipulation willingly, and knowingly, thus that it shall be made Order of Co E-1 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ""~""""'"","",;;.w , . ",' - , '%i!iIiilfiIi!Ii. Wfj'lm:!"~tf!n TIfJ_rl,~~~ .~. J4tt - 0/1 ~ (') c s:: -0 CD mrri Z:C' Zr:;:- 05> ~;:~, ;<u eC) ";;'0 Pc: Z ~ " a N ,- :Po Z o -n ,~ rh~ Bz ~i~~ 01" i:;! " :< " , - , . i"Wf.L.~ ,"' .4iII'~~~mliliil~i\'!l~~'ir:';,'0'r%F~,'''' .~{"m:',~:' '''Ii''''V' ". "',",--<'1 ",~;",qo"i!'-\'!jji~"1lI~'I,,,,,,!p~f,ir"~\fi':;_~;~,~,.,,:q~~~liIf,~1~~~ N W ~'" :1; 'f? .:Jl CJl 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS ROBERT B PARK Defendant NO. 01-3333 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended upon payment of your costs. PARK LAW ASSOCIATES, P.C. BY: 6~ VALERI OS LUTH PARK, ESQUIRE "'''='~'~ !'--~ -~'T' ~,,- "r' ~ ~"., ,-~ "_N"~ it :? ':1 u ~fl """~~ -"""fo-,fi_ -~ l<1~"'__,""~._,~,X~:~_~,!f.;IlJli'I'Ij}f/il!i}.~f.I:i!Il',~*,,' ",?'~',' '-""';"'~' , ~;-"'~ 9 '''' = 0 1.::';:;;> "TJ "'- ,~,-' c_ ...... ~;:::; :::I:'Tj .~--_. f11r.- 1') 'urn co ?<y .~-;:) ~~ ~-;~ :Q?j .~, "-' ~S: rn c= 1.......) ,...J L.:': ,-, ....1 J> -< :~.:J I:;D- --