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HomeMy WebLinkAbout99-00885 4"'''''';::-'' i I , ! , COMPLAINT 1. Plaintiff is a National Banking Association located in Tilton, New Hampshire. As of January 1, 1998, Providian National Bank was merged into First Deposit National Bank, and the resulting entity took the name Providian National Bank." The account that is the subject of this lawsuit may have been either a First Deposit National Bank account or Providian National Bank, which is the plaintiff' herein. a Providian National Bank account prior to the merger, but is now an account of the new" Cumberland County, PA 17013. 2. Defendant is an individual whose address is 262 Redwood Lane, Carlisle, 3. At a specific instance, the Defendant applied for and was granted credit by the Plaintiff at the terms and conditions agreed upon by the parties, as is more specifically shown by the Account Agreement, a true and correct copy of which is attached hereto, marked Exhibit A" and made a part hereof. 4. Defendant made purchases and/or received cash advances using said credit. 5. Plaintiff avers that the terms of the Agreement provide for acceleration of the entire balance due and owing upon Defendant's breach of the Agreement. 6. Thereafter, in breach of obligations under the Agreement, the Defendant failed to make payments as they became due. 7. Plaintiff avers that the balance due amounts to. $6,291.30. the balance due from August 14, 1998. 8. Plaintiff avers that interest has accrued at the rate of 19.80% per annum on 9. Per the terms of the agreement, the Defendant has agreed to pay to the Plaintiff as liquidated damages, the costs of collection, including all reasonable attorneys' fees incurred in the collection of monies owing. \ii-~ ~PROVIDIAN . i'll/tll/cial ~ , . ~ \, -. . . - ., . I ' ,i~~,: 'i~'I;~ "11.;:~'~ \~'Ji~ :I-':::;~i;;:~,'~ 1~..~' y;,,~ i~~\ i~;i,)i.;:,~ l~;i 'I.;,.~ :.;:.~.:~:.; n_;.,;. '~;I' j~,;,i;.,: ,~:'~~ .,!l ''!Y .'!'), ,!'Y'}~,!/ .~'!/ ~!!;/'T)"'''V' ~!/'~'J ;'W:.w ,'!V, '!,!l ~,I '~I. " . ~. . . ,\ ' .' - . . , Provldlllll Natlonlll8ank VISA!!> or MaslorCard<X) Account Accollnl AgfC!emnnllor Robert H Kline PICD~C ruvu!w this document and keep 11 'Hllh your other ,rnrx.Hliml papm!.i TillS Accounl ^UfeernCIlI c()nlilln~ the term:; Wt1l!:tl ~Qvl!rn your Pf()VlClliltl NatIOnal Bank VISA Of MIl~I(JICmd Account Ilht! Account"). The Accounl illlow~i you 10 make purclm::;r.::; by \J~If1fJ your VI~A flI Ma::;lerCar(J CilflJ (IrQ 'Card') wherever It I~j licno/ell and 10 <lot ci1::ih iutvanr.Og from u::; or ,my olhm pmllclpilhng f1mulclal institution and from AUlomntcd r ollm Machines Convenience check:; may al!.i(J bl! prOVltkld 10 you (J::; an aOClltloflfll WJY in (1~1J lho Account In 1I1t~ ^urnemonl, .you' and 'YOll[' mean ouch per:;on for whom we have opened 11 croolt cnrd Account 'Wo.' 'OUf . 'our::;,' and 'us' !!lOiln Provl(lian NnlronalBank or II~a5::;I!Jnll"~, ilS 11'lIM 1m YOUf blllln] statement The Accounl may be used only for pcr!:onJI, family, household, i1nd ctlalllabl~ pWpOSfJ::J, ant.] nollor Jl'ly Oll:imC!J!: or commmclal purpo:;o Any usoo!l~m; Accounr shall constllute acceplllncc of thl! terms otlhls Agreomenl YOll andwe agrl'O as follows Payments, YOll wJllmcolvc a monlhly :;talcmcnt showlIlg youl out:;landlllg bal,lncu PJymont on 1/11:> Account I:; rcquuw In US doHms (check:; must 00 payatllo at a U S office of lhe bank the check IS drawn on) for al least the paYlllon! due as shown on your sl1llement by Ihn. paymerll duo <jato In accordance With paymenllllstructlons 011 your monthly stalement Convof1lcnce checks and other checks we Issue to you may nol be used to moke paymenl:; on youl Accounl or 10 rnaKe paymenls on !lilY olher !lCCOIIIII you have wIlh us 01 ow affiliates The paymenl due Wilt be 2,5% of tho new balance shown on your slatemenl plus the amounl of <lilY pasl due payment plu:; the amount by which IIle now ba~1nce exceed; yom credll line However the paymenl due Will nol be less than $15 (unless your new balance IS less lhan $15, III which case Ihe paymenl due Will be the amount of tlm flew billanccllfyour Account IS pasl duo or abovo lhe credllllne, we may reqUire a hIgher minimum paymenl. bul we will nOllfy you beforedomg so If your payment IS more lhan Ihe payment duc. II Will bn Ire,llCdas a s:nq:c plIymenl <lf1d none 01 It WIll be applied to fulure payments due We may accept/ate or parmll payments, or payments marked 'pald 111 full" 01 marked wllh other WSltlctlons. WIUll;IlJt lOSing our nghllo collecl allamounls OWJ/Jg under !hls Agreement. Credit Review: Special Requirement. In order to keep your Account In good slandlng. you agree nollo slyrllflc~lIllly Increase Ihe amounl of your tolal debt I.m unsecured revolVing accounts We WIll review your Account and credit profile regularly 10 evaluate the amounl you owe relallve to the amount of YOlll then clJlfenllHcome (We conSIder an Increase In debt of more than $2,COO 10 be slgrJlficant, unless you have suffiCient Income) rrwe determine thaI your Account IS nolm goodstanamg, your ANNUAL PERCENTAGE RATES (APR) for purchases, cuslom cash, and cash advances may be IIlcreased. Finance Charges, Excepl as descllbed In lhe Grace Period for Purchases section of lhls Agreemenl. finance chwges begin 10 acclUC on a debit when It IS Included In one of your dally balances and contmue unlll that ba~ance IS reduced by a payment cr credll Your Account has thleo balar,ces the Purchi!~.!LBalanc~, which conslsls of purchases you make With your Card and fees fOf certain opllonal services; lhe Custom Cash Advance Balance, which consists of balances lliat you lransler to your Account uSIII~balallce lransfer checks and balances that we tlansfer for you; and lhe Cash Advance Balance whIch consists of all other cash advances. Any payment amount we receive that exceeds Ihe financo charges and fees then due Will oldmanly be applied rlrstlo the Balance With the lowesl Annual Percentage Rate (APR), unlllthat Balanc~ IS zero, and then 10 the Balance With the next lowest APR, until thaI Balance IS zero, and then to any remaining Balance We reserve lhe rlghlto apply payments differently Without furlher nollce, The Purchase, CIJSIOm Cash Advance, and Cash AcNance Balances are reduced by paymenls as of the date received, and by credits (except for reversals of late, over.liml!. and miscellaneous charges) as of lhe dale posted Purcha:;es 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 lransmll1ed 10 olher lenders to Iransfer balances, as of the date transmllled, checks to transfer balances as of the date presented to us Olher cash advances are Included In your Cash Adv1lnce Balance as follow:;' cash advances from ollle! financtal InSlltullons and through Aulomated Tellers, as olthe dale made; cash advance checks made payable to you that are Identified as cashier's checks and mailed 10 youal your request, as of seven days after the dale we prrnt on lhe check; all olher checks, as of the date presented to us. Other debits (excepl for late, over.1Imll, finance, and miscellaneous charges) are Included In your Purchase, Custom Cash Advance, or Cash Advance Balance as of the date posted, Finance charges are added to your Purchase, Custom Ca~h Advance. and Cash Advance Balances each day and are then posted on the last day of lhe billing cycle, There is no glace penod for custom cash advances or other cash aavances To figure the dally finance charge for each type of Balance, we start wllh your plevious day's Balance, add all debils and subtraclall credits for lhe cunenl day and multiply the net amount by lhe applicable dally penodlc rate (see foHowlllg paragraphs) The finance charge lor each type of Balance IS limn added 10 LInd IncluOOd III that day's Balance We lreat a credit balance for any day as zero. We determllle lhe tolal finance charges on balances for the billing cycle by addlllg logether the finance charges for each type of Balance for each day Within the billing cycle, In calculallng finance charges, an adjustmenl Will be made for any transacllon or paymenlthat would have ,affecled lhe finance charge calculation In a pnor billing cycle had il been posted in that cycle The applicable cially periodiC rate for such a trans1lcllon Will be lhe rate In effect for the currenl billing cycle ralher than the rate In efleel on the date of the transacllon Your stalement Includes an average dally balance for each type of 81llancc. You can mulllDJy each average dally balance lhat IS nol zero by the /lumber of days In the billing cycle and lhe pe/lodic rate to obtain sublotals, and then add the sublolals logether to determine your tala! flllance charges on balances for the billing cycle, If a cash 1ldvance transaction fee IS charged, Ihat amount IS also a finance charge The ANNUAL PERCENTAGE RATE (APRl for purchases is 19.8%, corresponding 10 a dally pellodic faleofO 05425% The ANNUAL PERCENTAGE RATE for custom cash advance::: is 23,9%, corresponding 10 a dally penedlc rate of 0 06548% The ANNUAL PERCENTAGE RATE fOf cash advances is 23 9%, corresponding toa daily pened!c rale of 0 06548% If you do not comply With lhe terms of lhis Agreemenl your ANNUAL PERCENTAGE RATE for purchases Will be 239%, corresponding 10 a daily penodlc rate of 006548%; and the APR for cash advances and custom cash advances Will be 25.9%, correspondlllg to a dally pe/lodlC rate of 0 07096%, Your Account may be e:lg'ble for lhe lower regular APRs after you have melthe terms of thiS Agreement for lhree months. If you contact us we will review your Account to dete/mlne your eligibility (or the lower APRs Grace Period for Purchases, New purchases posled 10 your Account in billing cyr.les wllh no prevIous balance. or when the prCVKJUS balance was fully paid during the cycle, do not begin 10 Incur a ijnance charge until the start of the next billing cycle You Will pay no finance charge on such new purchases If you pay the lotalnew balance In full by the payment due date shown on your stalement New purchases posted In any other billing cycle incur a finance charge, and there IS no pened In whIch such purchases may be repaid w.thoullncurrlng a finance charge. Fees. We wlII charge your Account up to $29 for each Card you ask us 10 replace; each returned payment check; each t.:heck youwflle on your Account Ihal we return unpa.id; each slop payment order or renewal of such an order; each billing cycle wlthlll which your Accounlls delinquent (late charge): and each blllmg cydewllhln which your balance exceeds your creclilline, even If your Accounlls closed. Jfyou request copIes of billing stalements that were firsl sent to you more lhan Ihree months earlier, we maycoarge a handling fee of S2 for each such cr:/i1'l. A cash advance fee of 3% (mimmum 55) may be charged for each cash advance transaction made on your Account Default. You win be in default: If any rnformation you prOVided us proves to be Incomplete or unlrue, If you do not comply With any pan of this Agreement; upon your death, b3.nkruptcy, or insolvency; rf you do nol pay other debts when due; If a bankruplcy pellhon IS filed by or agalnsl you, or If we believe In gooo faith Ihat you m<lY not payor perform your obligatIOns under this Agreement. If you are In defaull we may, Without furlher demi:lnd or nollce, cancel your crodll prIVileges, dc:clare your Account balance IInmedialely due and payable, and us.a a!1Y remedy we m~y have. In the evenl of your default, the outstandmg balance on your Accounl shall conlmue to accrue Inleresl at the APR(s) disclosed In Ihe Finance Charges section of thiS Agreement, even If we have med SUIt to collect the amount you owe. Credit Line. Your credit line is specified from lime to Ilme In a separute notice We may IIlcrease or decrease your Cledlt line ba~cd onlnfo/mallon we obtamed from you or your credIt records. I' Vour available credit IS normally the dIfference between your credit hne and your Account balance (Including transacllcns maCle or aUlhollzed but nol yet posted). If you send us a large payment check, we may limll your available credit while we confirm that the check Will clear. For certain transactions, available credit maybe less, You Will nol use your Account for, and we may refuse to r honor, any transaction which would cause you to exceed your available credit Promise to Pay. Vou promise 10 pay us when due all. amounts borrowed when you or someone else use your Accounl (even If Ihcamount charged exceeds your permission), all other transactIons and charges to your Accounl, and collecllon costs we Incur InCluding, bUI not limited to. reasonable attorney's fees and court costs (If you win the SUit, we WIll pay your reasonable aUorney's fees and courl costs) Changes. After we pfOvide you any notice reqUired by law. we may change allY patt of thiS Agreement and add or '~move reqUllements If a change IS made to the Finance Charges sectIon 01 lhls Agreemenl, Ihe new finance charge calculation Will apply 10 your enUre Accounl balance from Ihe etfecllve date of the change Changes Will apply 10 balances lhat include Items oosled 10 ~ Account before lhe date of lhe chanoe, and Will apply whether or not you continue to use the Account Foreign Exchange/Currency ConversIon. If you use your Card for transacllons In a currency other than U.S. dollars, the transactions wilt be converled !o U.S. dollars, generally using either a (i) governmenl.mandaled rale or (if) wholesale market rale In elfect the day before the transaction processing date, Increased by fwepercenl (5%), If a credit IS SUbsequently gIVen for a transaclion, It Will be decreased by the same percenlage. If the creml has a different pfocessl11g date, then the exchange rate of lhe credit canbc greater/less than lhal of the of/gmal transaction. The cUrlency conversron rate on the day before the lransactlon processmg dale may dIffer from Ihe rale In effect at the lime of the transacllon or on the date the transaction IS posted on your Account You agree 10 accept the converled amount In U,S dollars. The Card; Cancellation. You may cancel your credit prIVIleges at any lime by notifying us In wull1lg and destlOYlng the Card(s) Uponlhe Card e:o:piralion at the end of the month s~own on it, we resefVe the fight not 10 renew the Card. We may cancel the Card and your crCOlt pflvlleges al any time after 30 days nollce to you, or Without nohce If permllled by law. If y~ur. Card IS cancelled or nol renewed. finance charges and olher fees Will conlmue to be assessed. paymenls WIll contmue to be due, and all olher applicab'eprovlslons of thiS Agreement Will remain In e.ffeel, If you terminate your credil priVileges, or If we cancel or do not renew lhe Card, you may no longer wnle checks on your Account. and you Should destroy any unused checks we have rssued to you. Personal Information; Documents. You Will provide us alleasllO days notice If you change your name, home or mailing address, telephone numbers, employment or income. Upo~ our . request, you Will ploVlde us addlllonal financtallnlOlmallon. We reselVe Iho light" oblaln Inl00mallollllom olhelS, InC'uo:l1g Cle,HlCponmg agellcles, and 10 PIOV1'~O:4'a..~:u.r a.iA.r.es.s:.~~ :nlonnal1::61 4428231400004070 aboul YOUl AceDUllllo olho," \YJ1.mOY aJll9JibmlL!!l0mwll.olLl\'J1/!!)VUIllJUil!J!l, IJQliCy.<:L..'/!l\'-!!)nYj'lJII"JQ-'I~Jll';)'~.Iml!L!!W!.!(Cllllil.!l:L~oUQ.:;l!]!lJIl\<j!0ulvmm!lQ!1.~IlM!lL!I1!1!la!J!1. II you do ool'ulllll your oblllJoIIOll1 Ulldor III" I\woomelll, 0 ne'lollve ""0111 "110111111I1 may Ialleer 011 you, CloOlI may be 'ubmllled 10 rllo "mill repellmq "J'""''' " Cu.lomar S'Nleo; Ullaulborlled Usa, losa, or Thoft 01 Cbock. or III. Card. [a,n Cilld ,,",,1 be '''l"ed en /Uc"'pr You iII0 ro"",r",b'" lor oolequMII'IllIo COld your Po,"oll,IIOonllllCallOn NU"'bor ('PIN' wlIlCh prOVIdes aceoos In l\ulomal"l1 1 "II", Mool""":I' "'''' 'Illy cllecks ISSU,,"' 10 you Irom 111011, "'''' kllt'P""l YOUl PIN "'p.lloIII 'rom ynur Co1Id II you d"covor or SUSpeCl'lIol YOUl C."d, PIN, or '"y UIIu"," clleck:l oru 'osl or '1011111. 0' 111'1111010 may be "n 1"',,,lhOll/ol1 1101I:loc1lOIl 011 vou, AccOlml. you Will pmmp'~ "Ollly us by COIIIII'l 1.800.9JJ.7221 So WO COli Im"'e~OIely acllo '''",llo,,"s a"d 1"''''lIly, 'Jou Will ,"'olle 11$ oven Ihouall '/uu "'ay ,Iso 1I0ll'y '" III WIII""J YoU! Imblllly 101 unall'"olllUO ,,'e ecellll,"g bole," YOII 1I0llly liS IS "10'1'0 10 S~>O II YOII rcpor1 or WfJ :iusper.lunilurhorllCt.lusfl of your i\ccollnr, we m,IY :ilJ~~cn(j YOUI cltJdll pllVIIC!.lo:! WIllI WI! 1C~olvn !tIt! prOhlem to Ollr ~;i1!I~fllchon or ;:;~Ile you a (I{JW Card If YOU! Caro (s 10:;1 or :;lolon, you Will plomplly dl.!lilroy JII check:; 111 your ponscsslon 10 Inlprovl' r.uslomcr :;crvICC ilnd SCCtJflty, YOll ;!gt<!e lhill your cull:; mlly bl.! monitored or recorded Morehanl Rolal/ons, We Will 1101 bo II"blll II allV IJOr:lell 01 AUlelllaledleller Moolllnll """"," 10 Ilellor rhllCard or aceepl yuu' che,," , 0' ""ls 10 1011111I1111' Cordia ynu We IIove no respolISlhillly 101 goods olld servICes Pllrcnased wllh lilt! CJld ur checkS e,copl", IOqUIlrx! by law (See SfI<.'CI,,1 "ulo ',elow I CUII'"11 b'''efll" IlIal "'0 avml"ble Wllh Ihe Accounl "'e proVided by Ihlld patly vondall; We me not rc::pol1slble for Iho quahly, i1vallahlhly, ollosulls of allY of tho serVice:; you choose to use Stop Paymenl ardors. II you WISh 10 Slop poym''''1 on a cht'Ck yeu may send us a ",cp paymllnl ord", by wllllolllo us al ollr oddlO" '01 "",omel seIVlCo IIsled on yeur slalemenl Vall COn make a ""p paymelll ardor OIally by call1llg Ihe nUIIIOel !iSled 011 YOIII slOllllllenl Whell YOII make a slep paymenl Older YOII musl ploVlde yOUl Accounl number and specifiC Inlonnallell aboullha chock Iha e,acI amounl, Ihe dol. on Ihe clleck, Ihe nomo 011110 pOlly 10 whom II wos p"y"ble, Ihe name 0' ,"0 person who Slglled II, and Ihu check numblll Vou Will bo asked 10 confl,,,, an 0"1 S!oppaymenl O'dlll In wllllllg We 10" dlS,,"aL9'y'lliLQ!,,1 ordlll Ilwe den.!lli!!culV a" lIeclwllllell COnfllmallOIl wllh:n Iwo weeks 01111I Ihe 0,"1 ordlll, or If we have nol recClved an adequale de""pllon 01 Ihe Ilem so Ihal paymenl con tlO slopped r~c orool Will nol be ellcelwe II I e check w"s POld by us OO'OIe we hac. reasonable eppOllulllly 10 aer on Ihe order We lOa'" Wllhout Iiablllly. disregard a wflBer, Slop paymenl older SIX months afrer rocmpl Imlcss IllS renewed In wrrlrng Standard of Care. Because Ih,s Accoullllnvolves bolh credll card and check '"nsae'lons wh,ch are processed Ihlough sepalOle nahonal syslems befOle 'he IlOnsaclloll5 alO consolldaled by us, and because nol eveIY check and Card slip Will be senllo U>I lIallsacholls In YOllr Aceounl Will bo processed mechalllcally Wlllloul our neecss,,"ly revlOwlIl. cvOlY ,Iem Our p'ocesslllg syslem Will call OUI allenhon 10 ce,lalll ,Iems w",ch we Will e"mlne We wlllex"mllle alllrallsacllO", whell YOII reporllh,,1 your COld or checks have been losl or slOlen We do nol "lend ordlnallly 10 examine all items, and we Will not be negligent If we do not do so 1 hiS rule eslablishes the standard or ordmary care which we In good faith Will exerCise 111 admlnrsterlng your Account. Because 01 our 'imlledlOvlOw. and because nCllber your cancelled checks nor COld lransae',on sl:ps Will be relumed 10 you wllh Ihe mOnlhly sl,,"melll, you should be careful 10 enler all checks rn your check reglSlor or olherwlSe keep a recold of Ihern Vou sheuld also save yeU! credll COld cosh advance and purchose S"pS . You "ree '0 cheek VOUI monlhlv slalemenls "alnS! vour reeOld and 10 nolffv us immedmlf!lv of anv unauthortzed Irail5rlc!lons or cllars Waiver of Certain Rlgbls. We may delay 01 WalVI! enforcemenl of any PICVlSlon 01 IhlS Agleemenl wllhoullosrng eur IIghllo enlOlce II er any oilier prOVISion laler Vou waive Ih.llghllo plCsenlmenl. demalld, prolasl, or nollCe 01 dlShonOl; any applICable slalUle el 111011"10115, and any IIghl you may have 10 requlle us 10 preceed agalnsl anyone bolore we Ille sull agalllsl you Applicable Law; Severability; Assignment. No mailer whore YOI! ilve, IhlS Agreemeol and your Accounl all! governed by ledelOl law and by New Hampshlle law. ThIS AgreemenllS a final "pressIOn 01 Ihe agreemenl belween you "nd us and may nol be conlradlCled by 'Vidence 01 any alleged oral aglOemenl If any provISIOn el IhlS AgreemenllS held 10 be Invalrd or unenlolCeab'e, you andwe Will consider Ihal prOUlSlon modlllOd 10 conlorm 10 applicable law, and Ih. resl 01 Ihe prOVISions In Ihe Aglcomenl Wil' sllll be enlerceable. AI any Irme aHer we delermllle In good lallh Ibal any proposed or enacled'eglSlalron, regulaloIY acl,on, OIludlclOl deCiSion lias rendered or may render ally malellal prOVISions of IbIS Agleemenllllvalld or unenforceable, or Impose any increased I." repolllllg reqUl/emenl, or olher burden III conneel;on wl'h any such provISIOn or lis enlorcemenl. we may, affer al loosl30 days nollCo 10 you, or Wllhoul nollCe rlpermllled by'aw. cancel lhe Card and your Credll priVIleges, We may lransfer or assign our nghllo all Of some of your payments If slate law reqUires Ihal you receive notice of such an event to proter.llhe purchaser or assignee, we may gNe you such notice by filing a finanCing stalemenl With the state's Secrelary of Stale Notices. Olher nollCes 10 you shall be elfecl.. when depOSlled III the mall addressed 10 you allhe address shown on OUI records, unle" a longer nollce pellools speCIfied III IhlS Agreemenl or by law, which pellod shall slart upon mailing Nollce 10 us shall be m..ledlo our address 101 cuslomer serv'ce on your slalemenl (or olhel addresses we may speclfyl and shall be elleclwe when we recewe II YOUR BilLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. II1IS nollC, conlallls rmpollanl IIIformallon aboul your IIghls and our responSlbllllles under Ihe Fair Cledll Billing Acl HoUfy U./n Ca.e of Errors or Que.Uon. About Your Bill, Ilyou Ihlllk your bill IS wlOng, er II you need more IIIlormallon aboul any IIBnsacllon on your bill, Wille us, on a scparalesheel, al OUl address for customer service IIs1ed on your bill. Wnte 10 us as soon as POSSible We must hear from YOlJ no lale/than 60 days after we sen: you the first bill on which the error or problem appeared, You can telephone us, but doing so Will not preserve your rights In your Ir.Uer, give us the follOWing information: _ Your name and Account number. __ rhe dollar amount of lhe suspected error. - DeSCribe the error and explain, If you can why you believe there IS an error If you need more Informallon, deSCribe the Item you are not sure about. Your Rights and Our Respon.lbllltie. After We Receive Your Wriffen NoUce. We musl acknowledge your leller wrlhlll 30 days, unless we bave corrocled Ibe ellor by Iben. Wilhin 00 days, we musl ellbOl corrocl Ihe error or "pl..n why we believe Ihe bill was COllecl. AIle/we receIve your lellOl, we cannollIY 10 collecl any amounl you queslron, or repoll you as delinquent. Wecan conhnue to bill you for the amotJnt you qtJestlon, IncltJdmg finance charges, and we can appty any unpaid amount against your credltlme You do not have to pay any queslloned amount while we are Investigating, but you are stili obligaled 10 pay the parts of your bill that ale nolm question If we find Ibal we madea mlSlake on youl bill, you Will nol have 10 pay any financecharaOlelaledlo any queslloned amounl II we dldn'l make a mlSlake, you may have 10 pay financech..ges, and you Will have 10 make up Ibe mISsed paymenls on !he queslloned ameuot. In "Iheroase, we willsend you a slalemenl 01 Ihe amounl yeu ewe and Ihe dale Ihal ,lIS due. If you ,,,I 10 pay Ihe amount we think you owe, we may repOlt you as delmquenl. However, If OUl explanation does nol satisfy you and you wnte to us Within 10 days lelllng us lhal you still refuse to pay, we must tell anyone we report you to lhat you question your bill. And, we must lell you lhe name of anyone we reported you 10. Wemust teU anyone we repOrl you to lhal the matler has been seWed between us when it finally is. If we don't follow these /Ules, we can'l collect the first S50 of the queslloned amount, even If your bill was correct. Special Rule for Credit Card Purch..... Ilyou h.ve a problem Wllh Ihe quality ollhe prcperty or seIVlCes Ihal you purchased Wllh ourcredll card and you have IlIed In good fallh 10 cOlleellhe probrem wllh Ihe merchanl, you may nol have 10 pay Ihe lemamlllg amounl due on Ihe goods or servICes TlielO Ole Iwo IImllallons on IhlS IIghl: (al you musl have made Ihe purchase In your home state, or If not WIthin your home state, Within 100 miles of your current mailing address; and (b) [he purchase price must have been more than S50 These limItatIons do not apply If we Own or operate the merchant, or If we mailed you the advenisement for the property or services ~ (' '" :>- (V) ~ cr: ~ ~'0 -'-:t' c I--' .. .<:. -~ ~ wO -" ::J "r' q;::; ()::-~ rL ~_.I --- '-- ,. :.C 0: U~1" e')'--' L:;.1::J ~ "<\ .:59 "", [,- '-0 ~',~ >- r "\) lUll: '" !l.? <;::) L" EfI.'J ....1..... C.:) !'".:cZ --.:;:J- c... .-r" 1.L1IU '0\ r:::: W u... f.J2ti. r1 '-> U_ , tTl -;:.. \' Q- :::> <1\ q ~ "X ~ ~~ ~ SHERIPF'S RETURN. REGULAR CASE NO: 1999-00885 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OP CUMBERLAND PROVIDIAN NATIONAL BANK VS, KLINE ROBERT H DAWN KELL , Sheriff or Dep'..:;'y Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon KLINE ROBERT H the defendant, at 19:55 HOURS, on the 11th day of March 1999 at 221 MIDDLESEX ROAD CARLISLE, PA 17013 ,CUMBERLAND County, Pennsylvania, by handing to DERICK KOHLHAAS (COUSIN) a true and attested copy of the NOTICE AND COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 8.00 $~;J..iU So answers:. -? ?","~__.1.' ,-/~~, '" ~;omas Kllne, ~herlfI APPLE & APPLE 03/12/1999 by CJO-L~~ j. U1 uepucy bherlff me (': en ).. ; ('''' -- e: --, '" . - " .._~ . -.. :' , . :j t: '. '" i,,) - ; ('.: ;;--" t,. G t~: '";.:: .- - (.'-.. I~ ..-: u_ n , C. ) (/'1 0 ~ I o ~ I ~ ~ ~ ,~ ~ ~ ~ <;;' ~~ r....J ~ (~~ r{ r0 's-. ~ r- \", '-., r\ ~ ~ ~@J ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SHERMAN ACQUISITlON. LP, ASSIGNEE OF PROVIDIAN NATIONAL BANK Plaintiff vs, ROBERT H. KLINE Defcndant No, 1999.885 ASSIGNMENT OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T, Molczan. Esquirc Attorney for Providian National Bank PA I.D, #47437 WELTMAN, WEINBERG & REIS CO" L.P,A, 2718 Koppers Building 436 Seventh Avenuc Pittsburgh, PA 15219 (412) 434-7955 WWR#02983 I 12 .I: IN THE COURT or COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERMAN ACQUISITION, LP, ASSIGNEE OF PROVIDIAN NATIONAL BANK Plainti rr No, I 999-885 vs, ROBERT H, KLINE Defendant ASSIGNMENT OF ,JUDGMENT KNOW ALL MEN BY THESE PRESENTS, that Providian National Bank, in consideration of the sum of$1.00 in hand paid to Providian National Bank, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby grant, bargain, transfer, assign and set over unto Shem1an Acquisition, LP, whose address is 15 South Main Street, Suite 700, Greenville, SC 29601, its successors and assigns, all of the right, title, and interest ofProvidian National Bank, in an~ to that certain judgment entered by and in favor ofProvidian National Bank and docketed in the Court of Common Pleas of Cumberland County, in the Commonwealth of Pennsylvania, against Robert H, Kline, said judgment being in the amount of$9,207.26, in debt or damages, and the sum of costs of suit, together with all acerued interest, late charges, with all the bene lit and advantages that may be obtained thereby, Providian National Bank does hereby grant to Sherman Acquisition, LP, its successors and assigns, full power to recover the same to its own use. This assignment is made without any recourse, warranty or representation whatsoever by Prbvidian National Bank to Shennan Acquisition, LP as to the judgment, its enforcement, and/or collectability.