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Home My WebLink About99-02712 ", ,':,,:'.,: ':,,;,,;: " ,~,' '.! ';":" :,'''!'.>:: ''''" /;!,:::'~:('~.i;";::::~i;,;;U{~;"~:;~.;:;,,: ..:,;,~,::,::.:' :;: ::';'.';': ':: ,::;',:'\~~' ",':.::." :',:: ,~. ,",.:.: .:,.....,.:::. :,,' -i , " 'I , .. APPLE AND APPLE Attorneys at Law , 4650 IlAUM BOULEVARD PITTSBURGH, PENNSYLVANIA 15213 TELEPHONE: (412) 682.1466 WE HEREBY CERTIFY TilE WlTfllN TO BE A TRUE AND CORRECT COPY Of THE ORIGINAL FILED IN THIS CASE, ,,~s " ',,;1 "":.c~:-: >~' ," ,_: /, _,: ..'~:",i< ': ",: '>, <',~ ~':(; :;,,; ~:,",\', ',' .>.'~:';(;', :~', :~~,~:,\:..,', "',:~ '\':,')~' ~. ~'., ,,',~'l.:, "',:,~\~<.~' :~~~,<":",):,::,;,. :':' "':.-'" " :' ,~ ': "".' ):' ':\ )"1\:.','.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDlAN NATIONAL BANK NO. IN CIVIL ACTION -I1S- Plainti.fJ(s} HELEN T. JAVICK Defendant(s} NOTICE TO DEFEND 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 upon you, by entering a written appearance personally or by 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 daimcd in the Complaint or for any other claim 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 11013 Telephone (111) 249-3166 Toll free: 1-800-990-9108 2 COMPLAINT 1. Plaintiff is a National Banking Association located in Tilton, New Hampshire, As of January I, 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 a Providian National Bank account prior to the merger, but is now an account of the new" Providian National Bank, which is the plaintiff herein. 2. Defendant is an individual whose address is 19 E. Charles Street, Plains, Cumberland County, PA 18507. 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 amollnts to $6,682.05. 8. Plaintiff avers that intercst has accrued at the rate of 23,30% per annum on the balance due from March 18, 1999, 9. Per the terms of the agreement, the Defendant has agreed to pay to the Plaintiff as liquidated damagcs, the costs of collection, including all rC3Sonable attorneys' fees incurred in the collect.ion of monies owing. 3 ,i'~~ ~PROVIDIAN Financial , ":?',;~'.,1:1"... '.:;..':':-::;:..H-;::'.'"i~t t';"';""'d~ l~'q~' :';;..,': 1~ :",,":i;;' :iP\ :;;:..~, ,~~ :~ . ""'!!Z",. !ii>:" '",,-"'1"":'''1'':,;''''''''','' ,",~.;.' ,'''-','l i,,";,;'illl"; !....,'"I...,~' ,,,",.;.':,,,,,0, "~'I 'l.',""'''':'<.'.",,'.' "~., ..",' .",'J ,..I/,"",,,,.<\'U.'",'I'J "' ,...,' ~OJ. ~", ",.' ,,"'.J <t'iJ. ,,"'I,' /'."". .. I ",' I , ',:' '.~ ~.""f""1 ~;,' 7:' .~:. '", ,""7" '~",:~:'.':71', ~..,.,~.;',~,'. ':"....~'::- "'1:" ,,_"':;"> Provldlan Nalional Bank VJSA~ nr Maste~nm Account Accounl AglCeml'fll fOi Helen 1 Javrck Please revIeW thIS documcnl and keep II WIth your other Impoltanl parer!i. ihm Account Agreement eonlams Ihe lerms which goveln your PrOVldtan NatIonal Bank VISA C1' MaslelCardAccount {Ihe 'Account'), Tha Account allows you 10 make purchases by IJSmg yaw VISA or MaslerCard card (lhe 'Card') wherever :tlS honored and 10 gel cash aMnccs from us or any other partiClpatmg f1nancla! ulsllluhon and from Automated Telfer MachInes, Coovemence checks may also be provlaed to you as an i:lddillonal way 10 use the Acc.ounl in thIS Agreement. 'you' alld 'your' mean e3cn person for whom wc havc opened a creeM card Account 'We,' 'OUl,' "OUr.l,' ano 'I;S' mean Provlalan Nallonal Bank or lIs assignees, as IIs1ed on your bIlling statement. The Account may be usod only for personal, family, household. and chD.ritable purposes, and nol for :Jny bU!illless or commerctal purpose, Any use of lhls Account snail constitute acceptance of the terms of thIS Agreement. You and We agree as follows: Payments. You will receIVe a monthly statement snowlrlg your oUlslanding balance. Payment on this Account is reqUIred In U,S. oollars (checks must be payable at a U S. office of the bank the cl1eck IS drawn on) for at Icast the payment due as shown on your !ilalement by tne payment due date In aCCOt03nce wllh payment mslrucllons on your monthly statement ConvenIence checks and olher checks we ISsue 10 you may not be used 10 make paymenls on your Account or to make payments on any ather account you have Wllh us or our affifiates The payment dl!e will be: 2% of the new balance shown on your slatement pius lhe amount of any past due payment. plus the amount by which the new balance exceeds your credll hne However, the payment due will nol be less lhan 515 (unless your new balance IS less lhan $15, ,n which case the paymenl due WIll be the amounl 01 the new balance). If your Accounlls past due or above the credit line, we may reqUIre a higher mlntmum payment, but we Will nOllff you before domg so, If your payment IS more than the payment auc. It Will be treated as a SIngle payment and none of It '4.;11 be appliea 10 fulure payments due. We may accept late or panlal paymenls, or paymenls marked 'paId In fun" or markea With other reslnclions, WllhoulloslIlg our nght 10 coilect all amounts owing unoor this Agreement, Cmlt Review: Special Requirement In order to keep your Account In good standmg, you agree nolto slgntficanHy IOcrease the amount of your tolal debt on unsecured revolvIng accounts, We WIll review your Account and credit profile regul3.rly 10 evaluate the amount you ow~ relatNe 10 the amount 01 your Ihen currenllncome, (We ('~muder an Increase In debt of more lhan $2,000 10 be s19ntficnnl. unless you have suffICIent Income.) If we determine thaI your Ac.countls nOI III good standlng, yow ANNUAL PERCENTAGE RATES (APR) for purchases, custom cash, and cash aCMmccs may be tncroased. finance Charges, Except as descnbed in the Grace Period for Purchases section of this Agreement, finance charges begIn 10 accrue on a debit when it IS included in one of YOlJr dally balances and continue untIl th~1 balance IS raauced by a paymenl or credit.. Your Account has Ihree balances: Ihe Purchase Balance, WhICh consists of purchases you make With your Card and fees for cenaln opl1onaJ servlCCS; the Custom Cash Advance Balance, which consists of balances lhat you lransfer 10 your Account uSIng baJance transfer checks and balances lhat we transfer for you; and the Cash AcNance Bala~ whIch constsls of all olher cashadotar.ces, Any paymen1 amount we receive thaI exceeds the finance Charges and fees then due will orcinanly bEl applied first to the Balance wnh Ihe lewest nnuaJ Percentage Rale (APRI, unlll thai Balance IS zero, and then to the Balance WIth the next lowesl APR, until that Balance IS zero, and then to any remaming Balance. We reselVe, the nghtto apply payments dlfferent~ Without fUrlher nOllce The Purchase. Custom Cash Adotance, and Cash Advance Balances are reduced by payments as of the date recewed, and by credtts (excepl fOf reversals of late, over.limlt, and mIScellaneous. charges) as of the date posted Purchases are Included in your Purchase Balance as of the date made, Custom cash 8cNances are Included in your Custom Cash AcNance Balance as follows: funds eleclronlcally transmlNed to olher lenders to transfer balances, as of the date transmlNed; checks to transfer balances as of the dale presented to us. Other casn advances ate Included In your Cash Advance Balance as lollows; ,cash adotances from other finanCial institutions <:nd through Aulomated Tellers. as of lhe date made; cash advance checks made payable to you that are ldenllfied as cashier's checks and mailed to you at your request. as of seven days after the dale we pnnt on the check; all other cnecks. as of the dale presented to us. Other debitS (exceot for late, over-llmlt, finance. and miscellaneous charges) are Included in your Purchase, Custom Cash Advance, or Cash ~ance Balance as of the dale posted. Finance chalges are added to your Purchase, Custom Casn AcMlnce, and Casn Amnce Balances each day and are then posted on the last day of the billing cycle. There IS no grace penod for custom cash advances or other cash advances. To figure the dilly finance charge for each type of Balance. we ~tan With your prevIous day's Balance, add all deblls and subtracl all credits for Ihe current day and multiply the net amount by the appltcable dally penodlc rate (see followmg paraaraphs). The finance charge for each type of Balance IS lhen acb'ed to and Included In that day's Balance We treat a credil balance for any day as zero. We delemllne the total finance charges on balances for ttu.l bIlling cycle by adding together the finance charges for each fype of Balance for eac:l'1 day Within the btlbng tyee, in calculating finance charges, an adjustment Will be made for any transaction orpay:ncnt thaI would haveaffccted Ihe finance charge calculation In a prior blll1ng cycle had II been posted IOlhal cyee, The awllcable dal~ perIodic rale for such a transaction Will be the rate In effect for the current billing cycle rather Ihan the rale In effect on the date of the lransac~on Your statement InclUdes an average daily balancc for each type of Balance, You can mulllply each average dal~ balance thaI IS not zero by the number of days In the billmg cycle and the periodIC rate to obtain suototals. 'and then add 100 subtotals logether to determIne your lolal finance charges on balances for the billing cycle, if a castl aMnce transaction fee IS charged, that amount IS also a finance charge. The ANNUAL PERCENTAGE RATE (APR) for purer"ses rs 233%, eorresponang 10 a dal~ penooc rale of 0 00384% The ANNUAL PERCENTAGE RATE for custom cash aMnces is 23.3%, corresponding to a dally penodlc rate of 0,06384%. The ANNUAL PERCENTAGE RATE lor cash advances rs 23.3%. corresponding 10 a dai~ ponoac rate of 0.00".>84% If you cb not comply with the terms of thIS Agreement your ANNUAL PERCENTAGE RATE for purchases Will be 23,3%, correSponding to a dally pencdic rate of 0.1)3384%, and the APR for cash advances and custom cash acNances wlll be 23.3%. COrresponding to a dally penodlC rale ;,f 0,06384%. Yout Accounl may be. ebglble for Ihe lower regular APRs after you have met the terms of thIS AgreE:menl for three monlhs. If you conlact US we Will revIew your Account to detertmne your eliglbdity for the lower APRs GnC! Period for Purc.h;::.e!;.. NC'N purchases ~:ed to yOur Actounl in biJilflg {.)'(;~ with no previous baiance, cr wnen 1M prevIous balance was tully paid dunng the cycle, do nol begIn to incur a finance charge untIl the start of Ihe next bIlling cycle, You wilt pay no finance charge on such new purchases If you pay the ~ctal new balancc In full by lhe payment due dale shown on your slalemenl. New purchoses posted It'I any other billing cycle Incur a finance charge. and there IS no pertod In wl1lch such pUfchases may be repalO WIthout Incumng a finance charge. Rebate. On the ~t day of each monthtyslalemenl pened we Will Credit your Account WIth 1%of your /lei purctlase transactions posted dunng the statement penod "Net Purchase T idnsactloos. means Card purtnases, less purchase adjustmenls and purcha!.e credlts posled dunng 1he OCfIOd Fees, We Will chafge your Account up to $29 for each Card you ask us ta r~ace, t!ach relurned paymeN check; each chetk you wflte on your Accountlhal we return unpaid; each stop payment order or renewal of suctl an Older; each billing cycle wltI1ln which your Account IS dcllnQl.ICnt (lale charge). and each billing cycle Within whtch your b3\Jnce exceeds your cred1t Ime, l?Ifen ,fyour Actounl rs closed. II you request copies of billIng statements that were first scn1 to you more than Ihree months earher. we may Clarge a handling fei! of S2!or cacrl such copy. A cash advance fee of 3% (minImum $5) may be charged for each cash act...anc!! !rnnsacllon maoe on YOUI Account Default. You Will be In dcfaull: If any Information you provided us proves 10 be.lncomplele or unlrtli!, :f yOIl ao nol comply W1th any part of thIS Agreement. l.lpO!l your death, bankfl4)tcy, or msotvency; If you 00 flot pay other debts when due; If a bankruptcy petItion IS Itled by 01 agarns~ you. :)r If we believe m good fanh thaI you may no! pay or pertorm your oolgatlO"S underlhlS Agreement. If you are In default we may, wlthoul funhcr demand ex notice, cancel your oedt pflvllcgcs, deciare your Account ba!3nce ImmedIately OOI! ano payable, ana use any lemecty we may have, In the event of your default, the oulslandmg balance on your Account stlaJl conltnue 10 acr,."\)e Inlerest allhe APR(s) dlsclozed In the Finance Chargc!li sec110n of thIS Agreement, even If we have filed sUII to colJacllhc amount you owe. Credit Une, Your C!"cdJI hne IS specJfled from lime 10 Ilrile In a ~cparate nOllce We may Incrcase 01 decrease your clcdrtltne ba::ed con Informahon we oot.1lned from you or your credit records 'Your available credit 1$ Tlormalty the difference betwccn yoU! credltlmc and youl Accounl balance (InCluding lrar1:;<Jcllor,s made or aulhorIZed nul not yel posled) ~f you send us a large paymenl cneck, we may IIml1 your available credlt v.'hile we confirm that the chL"Ck WIll c!c~r For cCl1aln tr:m~actlOns, av311aole credit rr'iay be less YOLl Will nol u:::e your ACCOui1llor and we may refuse to honor, any lransactlon whICh would C3u::;e you to excoc>d your avallabie credl[ Promise to P~. You promise 10 pay us when due ail amounts borf{lWc-d whe~ you or ~omeone elr,e u~;e youl Ac.:outll (('Vcr; If lhe amount cha~gca exceeds yO:.Jr pcrmr.;~ICY.lJ, all other transactions and charges to your Account, and collectIon cost:; we InCUf InchJt]Ir'lg. ~ul no! Ilfrilled to, rC3S0n.1bi~ atomey's fees ana coun costt: (If you Win lhl! S:.Jlt, Wi:! Will pay your roa::O/'l3bre aMCKnC'{s fees and cour1 cost~ ) Changes. Aftel we provlOe you ilny OOllce l(>QUlre.: by law we may ckmg~ a".y pnl'1 01 tillS Agrecmenl3M ad:i 01 '(''TI0\,{;' IcqUllement'.; i:;) change IS moot> 10 the Fin,nce Charges :oecllOn of lhrs Agreement, the new finance charge calCula!lon will.1ppty 10 yom ~'11IlC Account ba;an.:c tfom the l"!1l'CIIVt' aale af the ch.:mge Ch3ng~ wII! J.'+:/y Ie DaIJnces thJtII!~!!JJ!'Q Ilcm~ [lO!;tc-J tQ ~ A~tx>IO.!f.-'.!l!;L~-2fJhe Chl'\nil{, and WIll oWly whether Of 101 you COnll:"lUC 10 use the Acccunl Forefgn Exchange/Currency Conven.ion, It YOlJ u:.:e your Cara tor lrafl~aclIO:1s m.:: t.uNcncy ~!hcr It',~m J S ool:a~, the :,3n~ac:,ons Will be c:m~e1t~ to U S ooll;:l~. genef311y uSIr1C ertner a (iJ govcrnmenl-manaafea r.:l!e 01 il!) wholef>a!e market rate!n c!icc! the day before :he 1!<ln!:3C\IOfl pIOC:(":;SI:'lg O3!('. Inclea~.ed by ~e pefct'r.1 (!:%l !f a c~eallls t:lJt<';('CLlenlly l)M'n fCll a Il3m.actlon, 11 WIll be de.:rcascc by the same percen1age If Hie Cledfl has il alNetent P'f.ICf!~~ITlg OJIC' lhe"! lhe ~)::::h:n;le ';:lIe Jl1he c:rc>OII c:.m De g;(tale!/le~!; 1~1an :halO! 1Ie Orlgl~3! !Tan::aCtlOn 1 he currency c:mvt'f"SlOn rate on ~t,e aay before the lrl:ln~Jcllon proce~smq OJlc rncy o,ffet tram tl~ rnte n f'!fl~:1 ;Jl r.~ IIf1'll' 01 r.1t' lrM'!>.lcllon or 0.1 the C3le the tra/::;actIO!'l ~ pocleCJ on your Acc:ounl You agree 10 accept the convened amount In U S 3J/:afS ' Tht Card; Ca.ncellation. yO\; !flay c;:$nwl your credIl j:lrlVlj~ 01 any 'Im€ OV "IC'llfy,ng J::> tn ....'rI!It"l~ 3~ oettrry:n~ :he Cafdl~l Jp..1rllht CJrc C)(P:f3lfOn at 1!m e~d oilhe m~nm shown on It, we fe!.eNC llle fig'll not 10 1~1lt'!'W the Li:lld We :Tl~y CJfIC:c! the CutO !Jnc vour :rca~t .xlllli<>ae~ Jl al1V 1tr'11' Jltf'l 30 ~,,'$ 1011Cl' 10 VOiJ or Without notice II p('~mlr,ed bv laW !1.{oul Care IS cancellea Of nollf!f'le'Wt>d 11I1ance Clatges aM Oth!"l lees Will c()'\lmuc '0 t>e J~~(.~:'ca p(!Vm~"l:~ Wlil c:'''lln,,~' 'c nt' (j.w Jn~ <Iii c rhl!' JD:lII:a:;le ('ltC'\lI:;lon~ Jl th~ Ag'~'Tlenl Wl!1 'ema!n In e~Jt~~~ 'emlll'\(j!eyourcl~lprlVlloyer J( ,1 we WnCl'1 ,}I 0.') nat Icnf'Yt :1.(> CJ'd '10" 'nil" t"l\; 1,)IUW' ....'1111.' "lllO\~ un ~uut I'ccoun: an~yoJ~",oule ()('rlr.'V anI,' i.ln,;~(~c:het.l-,t we !l3ve"~~, '",:"" Personallnfonnatlon: Documents. You will proVlda us alleBsl10 d:lys nollce II you change yoor n:lrntt, home Of mailing add[~s, :clephone number~. P.!T1ploymcnl or Illcome. Uoon our request, you wltl provide IJS additional financtallnformalrotl We reserve tho ngnllo oblaln Jnlormahon from others, Including credll reporting agencies, and 10 orovlde your ad::1ress and inlOl"malion atlOt.;t YOUI Account to o1hers, '!!.e may ;'Jlso ,:harP. mformatlon Wllh our 3fflhllles. HClWeVp.L:lQ.u.J!]~v wrrt!:JQJ.~~ ~l at''' hr!l.2...!!ti~~..!12L!9..~!!iIrc cll'Olllnformj.!L~ill...iltfilialell If you OOnol f\JIml y~r obhgalloos llOOer this Agreement, a negative crecll repol\ :hat may rclk.'C1 on your crealt may 00 ~uomlltoo 10 the ctP.<U mportlng agenc:cs. , Customer Service; Unauthorh:ed Usa, Loss, or Theft of Checks or the Caret Eaen Card mt;l:l lie signed on receipt, Yoo arc responsIble for saieguardlng 11m C:ud your ?er.:;onalldcnll~catlOn Number ('PIN", whlcn prOVideS acccs:; 10 AUlcmatcd Teller Machines) and any cheeks ISSUed to you from thef1, and keeping your PIN :.:cparalc from your Carct If you 'discO'IIer or SUSpecl thaI your Card. PIN, 01 any unUSed checks are (ost or sloten or thaI :hem may Ce an unaulhOluca transaction on you,_ Account you Will oromptly noufy l.~ ~ cillhng 1-800..933-7221. So we can ImmediatelY acl to Irmlt ~ses and liability, you Will ohone us ~cn though you may also nollfy us Inwnhr.g. YOllr !Iabttlty for unaulhollzea UliC occurring belore YOll nollfy us IS lImited 10$50 if you 100M or we suspccl unaulhorrzed use of your Accounl, Ne may SUlipend your crcelll prrvllt'gcs unl!l we rc::olvc Ilia nroblcm to QUf Si11lSliJcllOn or Issue you a new Card, II your Card IS losl or slolen, you Wilt promptly oo!:troy all checks In your posseSSion. To Imorove cuslomer SClVlce and securny, you agree \hat your r~111:; may be momlolCd or fccoroed Merehanl Rel.~dons. We Wilt nol be lIable If ilny PC/son or Automaled "7" eller MachIne leluses to honor the Card 01 accept your chack~, or filll~ 10 return lhe Cmd 10 you Wo have no responslbllJly for gClOlJS and S~rvICCS purchased wIth Ihe Card or ctlccks except as reQUired by law. (See Speclld Rule below) CerullIl benefils thaI 3re avmlable wllh the Accounl arc prOVided by thIrd-party vendors. We are not fesponslble for the quality, avarlablllty, 01 resulls of any of the services you choose to use Stop Payment Orders. If you wish 10 stop payment on a ChClCk, you may send us t:l. stop payment order by wnling to us al QUI addfl?ss lor cuslomer SOIVlCO IiSlcd on your statement You can make a stop p3yment order orally by calling the r:umoer lISted on your slalement. When you make a stop paymenl order. you must pfOy!de your Account number and SpecIfIC Informalion aboulthc check: the exaC1 amount, lhe dalo on the chL'ck, the name 01 the party to whom 11 WllS payable, the name ollhe poISon who Signed 11, and Ihe check number. You Will be asked to confinn an oral S!l.lI payment order In wntlng, We may disreoard YOllf OIal order II we do not r~elVe a SI~nedwnllcn confirmallon ....,thrn two weeks after lhe oral Ofret, or If we havo no! receIVed an adequate descllltlon of the Item so lhat payment can De stopped. The order Will not be e cctrve III e cheCK was pmd by us before we had a reasonable opportUntty to lJCl on the ordel We may, W1thoul hFIlllity, dtSregard a wnllen slop payment order ::mc monlh!:; after recelpl unless illS renewed In wntlng. Standard of Ciro. Because lhls Accounllnvolves bolh credit card and check Iransacllons whIch arc procrsscd Ihrough separate nationDI systems before the lransactions are consolidated by us, aodbecause nol every check and Card slip WIll be sent 10 us, transacllons In yom Account wlil be processed mechanlcaHv WIthout our nl!cessan~ ICVleYt'lTlg e.lery Item. Our processing system Will call our attentIOn 10 certain dems which we WIll examine. WewII: examme alllransactJons when you reponthal your Card or checks have been lost or stolen We do notlnlend ordinarily to examine aJlllems, and we will not be negligent tfwe do not do so. ThIS rule establishes the standafd at ordinary care WhIch we In good faith Will eXC1CISC In acrlllOlslenrlg your Account. Because of our limIted review, and because neIther YOUI cancelled checks nor Card transactIon slips Will be returned 10 you With the monthly slalement. you should be cilfefullo enler all checks in your check reglsier or otherwIse keep a record of 1hem. You should also save your credit card cash advance and purchase sl!Os You aoree 10 check your monlhlv slall:'mt'nls aoams! your ret:D1d and fa nobfi lIS lmmedralefv of a~ unaulhonzed lransacilons or err~ Waiver of Certain Rights. We may delay or waNe enforcement of any provision of thIS Agreement wllhoutlosmg our fight to enloree it or any olherPl'ovlSiOn laler. You waive: the nght 10 presentment, demand, protest, 01 norice of dishonor; any applicable statute of limitatIons; and any nght you may have 10 requIre us to proceed agamst anyone before we file SUit ag8mst you. Applicable Law; Severability: AssIgnment. No matter where you live, this Agrt"Cment and your Account are governed by federal taw ana by New HampshIre law, This Agrt.'ement is a final expression ofihc agreemenl between you and us and may not be contradlcled by evidence of any alleged oral agleement. If any prOVISion of thiS Agreement is held to be mvalid or unenforceable. you and we will consider lhat prOVISion moofied to confCfm 10 applic:1ble law, and the resl of the plovlslons In the Agreemenl WIll stili be enforceable, AI any tIme atlel' we determine 10 good faIth that any prq>osed or enaded leglslallon, regulatory actton, or JudICIal decISion has rendered or may renoer any malenzl provISIonS of Ihls Agroomenllnvalld or unenforceable,_ or impose any inc:eased tax, reporting reqUlroment, or other burden In connectIOn wnh any such prOVISIon or lIs enforcement, we may, after alleasl 30 days nolleo to you, or Without notICe If permitled by law, cancel the Card and your Credit prNllcges, We may 1ransfcr or assign our Ilgnl 10 all or some of your payments. jf stale law requIres that you reccrvc nobce of such an event 10 prolecl the purchaser or assignee, we may gIVe you such notICe by filing a finanCIng statement Wlth the state's Secretary 01 Slate. Notices. Other oollces to you shall be effective \\1len deposited in the mall adci'essed 10 you at the address shown on our records, unless a longer notice period IS specrfied in this Agreement or by law, which penod shall start upon mailing. Nollce 10 us shall be malled!o our addless for customer servIce on your ~talemenl (or other adjresses we may speafy) and shall be effective when we receIVe II YOUR BlUING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This nollce conlalns Impor1ant InformaflOn about your "ghls and our responsi:li!illes under the Fair Croclil Billing Act, NotlfyUI in Case of Errors or QuutJonsAbout Your Bill. If you think your bIll IS wrong, or If you need more informatIOn aboul any tlansacl1cn on YOUI bill, wnle US, on a separate sheet, at our address for customer servICe listed on your bIll. WlIte to us as soon as possible. We m~t hear from you no laler lhan 60 d'3ys after we sent you the hrst bIll on WhIch lhe error or problem ~ared You can le~hone us, but doIng so wliI not preserve> your nghts. In your lelter, gfIJc us the follOWing InformallOn: .. Your name and Account number, .. The dollar amount of lhe suspecled error. - Describe the error and explaIn, If you can why you believe ~hcle IS an error. If you need moro informatIon, descnbe the Item you are 1'101 sure about Your Rights and OurRC$poMibitltit3 A~r We Re,Cfoive Your Written Notice. Wc must acknowledge your leller wl1hin 30 ~'S, unless we have correclcd the error by then,_ Within 90 days, we must Miler con-eel the error or elCplaln why we bcli~e the bill was correct. After we roccrJe your Ieller, we cannot try 10 collect any amount you questIon, or report you as delinquent. We can contmue 10 bill you ror the amount you question, IncluClng finance cha!ges, and we can awly any unpaid amou:ll agalnsl your credIt line You do not have tl) pay any questioned amounlwhde we are lrweslfgallng, but you are StlU obligatad 10 P3Y the pans of your bill that are not In Q'Jestlon If we fina that we made a mistake on your bill, you Will not have to pay \lny ~nance charge related to arry questIOned amount. If we didn't make a mIStake, you may hi1Veto pay fiMflce .charges, and you will have 10 make up the missed payments on the questioned amount. In either case, W~ Will ,~end you a slalement of the amount you owe and the dat!:! that, II IS due. If you fall to pay the amoont we thlok you owe, we may repor1 you as delinquent However, if our explanallon does nct satisfy yC'u and you Wine to us Within 10 days teHlng us that you sllU refuse to pay. we must tall anyone we.report you to that you quesllon your bilL And, we musl tell you the name of anyone we reported you 10. We ml..'Sl tel! anyone we rcpcrt you 10 lhal the malter has been sellled between us when II finally IS If we don't follow these rules, we can't collect the fi~1 S50 C1f the quesllotlCd amount, even If your bIll was correel Sped. Rule (or Credit eNd Purchase:s. If you have a prooiem wltn tile qua~ty ot the pr~rty or servrces that you purcha:;;cd With our crcdlt card and you have tned in good fSllh to correclthe prtblem With the merchanlt you may n01 have 10 pay the remaming amounl due on the goods or servICes. There are two limllatlOflS on thIS nght: (al YOlJ must havemade the purchnse In yOJr home slate, or 1f not wIUlIn your home slate, WIthin 100 miles of your current maIling aadrets: and ~.)l the purchase pncc musl have been more than Sf{), These liml!atJoos do not apply If we own or ~te the merchant. or If we mailed you the act.fer1lsement for the pr~rty or selVlCCS , f,. ',:."" ',". :', : ,_:~ " '~> ",,' . ,;.. :~"',~ . ?', "~:-:', ""',:,: ::'.~~ ~~:,',~,~:', '<':':<~*'~~.'~~,':":,:':," ;~: ":~'_ .:.<:, /~':'~:',:, ,::( ',:..:'.' : ">~:~" ':r} ~: ,.>",q:" ~,"~ ': ',,','.', ~' ,'\.'-: _I: ' .:~ VERIFICATION I,~('''''~>'IofProvidian National Bank. Plaintiff herein, verify that the statements of fact contained in the foregoing Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, 4904, relating to unsworn falsification to authorities. Date /LmvD lant - Title - D~~~qQJA\A~' Address -P.O. Box 9053 Pleasanton, CA_ 94566 -=g~ <::t Q.I c: ~ ~ '::>-.. ~ ~ >- If' ~ c: C. ~ "::1-- @"'~ Co": .~ N .'.. lY) CJ.... ~ ., On :~': ~.~ 1'-' . ;1:': ":)- C11~_: ~ ..1. ~ ,. .', ~~- ~ Q .fi' }'-::.:! __ jL~ \0 ,j'..-. I ,.''', 'l) -jf '-' ; -H:. p::"- >- ~~,f f.i? i-..: ..':1, ~ 0 1-'- <-.... ':) -c ~ v 0 en '.J ~ ~ u I' '" ,,' ., oJ .:. '.:, ,~': I~, .,\' {, ,\'0' ", ~ ':::'. \, ".:': ,": ,', . :: .:,; :,;.::. '~;" ;,~,~~.f;'~~,~"':,, ,';:,:., ~~\~l":' ~"l;, ': ,~;;~:'~. ',', "" ,:'.:, '~ ,\ < '::\::: ,,', ',,;~:';':.,\'~<>, ) :~:;:' : _' . ~ ',: \: ',::,' .: '~",,~, ~": ~' , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-02712 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS. JAVICK HELEN T R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: JAVICK HELEN T but was unable to locate deputized the sheriff of to serve the within NOTICE Her in his bailiwick. He therefore LUZERNE AND COMPLAINT County, Pennsylvania. On May 25th, 1999 the attached return from this office was in receipt of LUZERNE County, Pennsylvania. Sheriff's Costs: Docketing Out of County Surcharge Dep. Luzerne Co 18.00 9.00 8.00 23.00 $~~.uu APPLE & APPLE OS/25/1999 Sworn and subscribed to before me cL -.. this _ ;I,~ day of {I~ 19 eN A.D. C)UfL' () ~tLee:t( I/.J~X{ I ~~o ar~ In The Court of Common Pleas ofCumberlanaTounty, Pennsylvania Providian National Bank vs. Helen T. Javick No, 99-2712 Civil 19_ Now, 5/7 /qq Luzerne 19_, I SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize the Sheriff of County to exeeute this Writ, this deputation being made at the request and risk ot'the Plaintiff, ~~~~~ Sheriff of Cumberland County, Pa. Affidavit of Service Now, WEDNESDAY. MAY 12. 19....2~, at 8:00 within NOTICE AND COMPLAINT IN CIVIL ACTION upon HELEN JAVICK at HER RESIDENCE. 19 EAST CHARI.ES STREET. PLAINS b)' handing to HER PERSONALLY attested copy oflhe original HER the contents thereof_ o'cloek P. M, served the a true and and made knowo to So answers, / ~. .4~ ~~r-r? .- b~ s.h~ ('0 / J:d.; Sheriff of County, Pa. COSTS Sworn and subscribed before me this 14 TII day of KAY 1 9.9.L. SERVICE MILEAGE AFFIDA VIT s /J r/l )-;f' . '7'4~ 7' .(~-<'l s