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HomeMy WebLinkAbout99-03848J 3 V 3 a h C .Q 2 O lF r 1 V W a Q? o- «r { VALERIE ROSENBLUTH PARK, Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C 25 EAST State Street P.O. Box 1779 Doylestown, PA 18901 (215) 398-5200 ATTORNEY FOR PLAINTIFF ESQUIRE JURY/ / NON-JURY/ / ARBITRATION/x/ ASSESSMENT OF DAMAGES NOT REQUIRED PROVIDIAN NATIONAL BANK Plaintiff MARY BROWNEWELL VS. Defendant : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : NO. 99-3848 CIVIL NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator, 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 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 PROVIDIAN NATIONAL BANK : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff VS. MARY BROWNEWELL Defendant NO. 99-3848 CIVIL AMENDED CIVIL ACTION UNJUST ENRICHMENT 1. PROVIDIAN NATIONAL BANK, a national banking association, domiciled in New Hampshire and existing under the laws of the United States of America, is the owner of a credit accountlJ agreed to by Defendant. 2. Defendant is MARY BROWNEWELL who resides at 354 North !I Middlesex Road, Carlisle, PA 17013-8488. 3. The Defendant received a monetary benefit, which was in fact V' -. appreciated by the Defendant. 4. On August 22, 1997, Plaintiff issued a bank draft in the amount of $3,550.00 made payable to Capitol one which paid off Defendant's account balance with Capitol one. 5. On August 26, 1997, Plaintiff issued a bank draft in the amount of $2,497.00 made payable to First USA Visa which paid IJ off Defendant's account balance with First USA Visa. 6. Plaintiff made said transactions on Defendants behalf, as Plaintiff believed that Defendant requested said action during 1J a telephone conversation in which Defendant promised to repay Plaintiff in accordance with Plaintiff's Account Agreement. 7. Subsequent to the above transactions, on September 19; 1997 r Defendant advised Plaintiff that she did not request said actions on her behalf. 8. As a result, Plaintiff forwarded documentation to Defendant tok execute which would reverse said transactions. 9. Defendant refused to execute said documentation which would allow Plaintiff to reverse the transactions. 10. By virtue of Defendants refusal to execute the documentation to reverse the above referenced transactions Defendant accepted the benefits from Plaintiff in the amount of $6,047.00. 11. Pursuant to Pennsylvania Law all debts accrue interest at 6% . per annum and interest is owed on this debt from August 26, 1997 until balance is paid in full. 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 re-paying the Plaintiff the value of the same. WHEREFORE, Plaintiff prays that judgment be rendered in favor of the Plaintiff, Providian National Bank, and against the Defendant in the amount of $6,047.00, plus legal interest at the rate of 6% per annum from the date of August 26, 1997 until the date of the judgment herein, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VXLERIE ROSENBLUM PARK COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS Valerie Rosenbluth Park, Esquire, being duly sworn according to law, deposes and says that she is the attorney at law for Plaintiff; ( ) That the party lacks sufficient knowledge or information to take a verification; (x) Outside the jurisdiction of the Court and that the parties' verification cannot be obtained within the time allowed for filing of the foregoing; That I am authorized to take this verification; that the facts contained in the foregoing matter are true and correct to my information and belief; and That the source of my information or facts of documents are provided by my client. That false statements made herein are subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification to authorities. VALE IE OSENBLUTH PARK, ESQUIRE 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 PROVIDIAN NATIONAL BANK : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff VS. MARY BROWNEWELL Defendant : NO. 99-3848 CIVIL CERTIFICATE OF SERVICE Valerie Rosenbluth Park, Esquire certifies that she is the attorney for the above named Plaintiff in the instant action and that on 08-10-99 she served a true and correct copy of Amended Civil Action Unjust Enrichment by mailing the same by regular mail, postage paid, to the person(s) and at the address(es) set forth below: MICHAEL SCHERER, ESQUIRE 17 WEST SOUTH STREET CARLISLE, PA 17013 PARK LAW ASSO ATES, P.C. BY: VALER E ROSENBLUTH PARK Attorney for Plaintiff C' 1 ! 1. I ? UICA - - ?.t11C/' !f/sct ?oiht?2 ?IjD.S? .wktT?taEi?'r? oho T fir?4 +-? / 1x Ah* ............. .`w? ?4I07?lrssio.t? ?aa'r? ?yZm. ?tvi?t'; ? /. PL ba+,Ae ?. 1, aee du.?t Del {. b y b CJ _ ' VV PIMUW u? 9 eS-?o aQ owee? 4o C4wj?oro _ .... /(? - Q7 . ?, •? • r .V rU F'I"F / • . FLc? F L / l .1 //r?Q" - 6 ? ?'f' ¢.? ,olo?t??aul,,rcLP,cu,??e?u 64? .e??er?P,rir1,??=cG?a -- - us7wu.?iyL`? `b ?? ?•vir 2?,ar??t.?c-L? IQsF7iJ ??- C?O ___ ? . ? ?,.c.,FOe a?ed?o ,elec'?itau',? ozrn?dC _ _ V,utt o? c?uo pia. ??Z4a¢,?iiro?isca?- ?y ?r _ i, r'??sxw? ?Proviaen ?'DQ ,K-0 - ' ?ow PROVIDIAN NATIONAL BANK, Plaintiff V. MARY BROWNEWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3848 CIVIL TERM CIVIL ACTION-LAW DEFENDANT'S ANSWER TO AMENDED CIVIL ACTION UNJUST ENRICHMENT AND NOW, comes the defendant, Mary Brownewell, by and through her attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. Admitted in part and denied in part. Defendant denies she agreed to a credit account owned by plaintiff. The remaining allegations in this paragraph are admitted. 2. Admitted. 3. Denied. The defendant is without information sufficient to form a belief as to the truth of the allegations in this paragraph. 4. Admitted. 5. Denied. Defendant believes and therefor avers that the First USA Visa account was in the name of her husband, John Brownewell. 6. Denied. Defendant does not know what plaintiff believed, and defendant never promised to repay plaintiff for any action plaintiff took relative to defendant's financial affairs. 7. Admitted. Defendant, at some time, advised plaintiff that plaintiff was not authorized to act on behalf of defendant in any matter. 8. Admitted in part and denied in part. Defendant admits that plaintiff sent her some documents. Defendant does not know what effect those documents would have had, and as such, did not sign them. 9. Admitted. Defendant did not know what effect these documents would have on her financial affairs and did not trust plaintiff in any matter. 10. Denied. Defendant did not accept the benefit by refusing to execute documents prepared by Plaintiff. Defendant refused to execute documents prepared by the plaintiff because defendant does not trust plaintiff and defendant did not know what effect the documents would have. 11. Denied. This allegation is a conclusion of law. 12. Denied. This allegation is a conclusion of law. WHEREFORE, the defendant respectfully requests that this Honorable Court dismiss plaintiffs complaint and enter judgment in favor of defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER a Michael A. Scherer, Esquire I.D. # 61974 Date: %'S Ci9 17 West South Street Carlisle, PA 17013 (717) 249-6873 PROVIDIAN NATIONAL BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-3848 CIVIL TERM MARY BROWNEWELL, Defendant CIVIL ACTION-LAW VERIFICATION I verify that the statements made in the foregoing Answer 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: 0,_4 / Mary Brownewell CERTIFICATE OF SERVICE I hereby certify that on September 6"- , 1999, I, Michael A. Scherer, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Preliminary Objections, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Valerie Rosenbluth Park, Esquire Park Law Associates, P. C. 25 East State Street Doylestown, Pennsylvania 18901 ze-Irl? ? Michael A. Scherer o U ? ? h z ? ? r J u . _ ? U ~ 3 ? ? Z 5 m ? k' z ? c z ? V O ?' ? ? c': ?. ? _. t. - 1 PROVIDIAN NATIONAL BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-3848 CIVIL TERM MARY BROWNEWELL, Defendant CIVIL ACTION-LAW NOTICE TO PLEAD TO: Valerie Rosenbluth Park, Esquire Park Law Associates, P.C. 25 East State Street Doylestown, Pennsylvania 18901 You are hereby notified that you have twenty (20) days in which to plead to the enclosed Preliminary Objections or a Default Judgment may be entered against you. O'BRIEN, BARIC & SCHERER Date: 72019 A? V1 ? Michael A. Scherer, Esquire I. D. #61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 PROVIDIAN NATIONAL BANK, Plaintiff V. MARY BROWNEWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3848 CIVIL TERM CIVIL ACTION-LAW PRELIMINARY OBJECTIONS AND NOW, comes the defendant, Mary Brownewell, by and through her attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: I Insufficient Soecificity in Pleadinq 1. Pa.R.Civ.P. 1019(a) requires the material facts on which a cause of action is based to be stated in a concise summary form. 2. The gravamen of Count I of the Complaint is that defendant "agreed" to a credit account owned by Plaintiff. 3. The Complaint refers to the defendant in name only, without providing an address or any other biographical information or any indication as to her status as a legal entity. 4. The Complaint fails to set forth whether the alleged agreement was oral or in writing, and further fails to indicate a time or date when the agreement is alleged to have been made or a location where the agreement is alleged to have occurred. 5. The Complaint, in Count I, indicates that certain charges or cash advances were incurred by defendant on a credit card or line of credit bearing account number 4428- 2309-7461-2730, owned by plaintiff. 6. The Complaint fails to set forth sufficient information about the line of credit or credit card to enable the defendant to respond to the allegations in Count I. 7. The Complaint indicates that the plaintiff owned account number 4428-2309- 7461-2730, but it fails to state the name of the individual who opened or requested the account, when the account was opened, where it was opened and whether the account was governed by any written documents. 8. The defendant needs more specific allegations in the Complaint as set forth above in order to respond to the cause of action alleged in Count I of the Complaint. WHEREFORE, the defendant respectfully requests that this Honorable Court direct the plaintiff to set forth a more specific pleading to enable the defendant to properly respond to the Complaint. II. Failure to State Whether Cause of Action is Based Upon a Writing 9. Pa.R.Civ.P. 1019(h) requires a pleading to state specifically whether any claim is based upon a writing. 10. The Complaint, in Count I, alleges an agreement between the plaintiff and defendant, but fails to state whether the agreement was based upon a writing or whether the alleged agreement was oral. 11. The Complaint has an Exhibit ("Exhibit A") attached to it, however, it appears to be a form document with no signature on it and no account number on it and it is unclear how this document relates to the allegations set forth in Count I of the Complaint. WHEREFORE, the defendant respectfully requests this Honorable Court to direct the defendant to indicate with specificity whether any of the allegations in the Complaint are based upon writings. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: 7 Z ° 9 n I-jg . Michael' A. Scherer, Esquire I. D. # 61974 17 West South Street Carlisle, PA 17013 (717) 249-6873 CERTIFICATE OF SERVICE I hereby certify that on July P.o , 1999, I, Michael A. Scherer, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Preliminary Objections, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Valerie Rosenbluth Park, Esquire Park Law Associates, P.C. 25 East State Street Doylestown, Pennsylvania 18901 Michael A. Scherer ?? ? ce ._ i - ? '• ? ii'l ??? t ' ? 4. ? ( ? l r': f ') (? _ ?:L i l I.. Cl ] ?= C? i> e i! n L OG o cu ? U ? ? h Z ? J _ ? U ' - ,}„ ? ? Z ? a z 5 m ? ? Z 3 W cu _ a °7 v • O VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street (215) 348-5200 Doylestown, PA 18901 ATTORNEY FOR PLAINTIFF PROVIDIAN NATIONAL BANK Plaintiff VS MARY BROWNEWELL Defendant N O T I C E CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 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 VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 E. 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 MARY BROWNEWELL Defendant Case No.: Vf - 3 F y & ) fit" COMES NOW, the Plaintiff, PROVIDIAN NATIONAL BANK, by and through its attorney, Valerie Rosenbluth Park, and respectfully states: COUNT I I. PROVIDIAN NATIONAL BANK, a national banking association, domiciled in New Hampshire and existing under the laws of the United States of America, is the owner of a credit account agreed to by Defendant. 2. The Defendant is indebted to Plaintiff on account stated, by virtue of charges or cash advance incurred by the Defendant on a credit card or line of credit bearing the account number 4428-2309-7461-2730, owned by Plaintiff. 3. The Terms of said account are stated in the account agreement herein attached as Exhibit "A". 4. 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. 5. The Defendant is indebted to the Plaintiff in the amount of $6,047.00, as of 07- 10-98 plus pre judgment contractual interest at the rate of 21.90% per annum. 6. In accordance with the account agreement attached as Exhibit "A", Plaintiff is entitled to reasonable attorney's fees and Plaintiff will incur attorney's fees in the amount of $1,209.00. COUNT II Plaintiff hereby incorporates paragraphs 1 through 6 above as though set forth at length. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 9. The Defendant accepted the benefits. 10. That by virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds in issue and/or knowingly and voluntarily accepted the benefits bestowed. 11. 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 in issue without re-paying the Plaintiff the value of same. WHEREFORE, Plaintiff prays that judgment be rendered in favor of the Plaintiff, Providian National Bank, and against the Defendant in the amount of $6,047.00, plus pre judgment interest at the contractual rate of 21.90% per annum from the date of 07-10- 98 until the date of the judgment herein, reasonable attorney's fees in the amount of $1,209.00, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: Valerie Rosenb uth Park, Esquire FROM : MRNTZ & ASSOC. TEL: 215 348 4015 RPR. 29. 1999 9:53 AM P 4 STATE OF CALIFORNIA COUNTY OF ALAMEDA LYNDg,BROpjMLL- , states that she/he is the Designated Agent of PROVIDIAN NATIONAL RANK :end :is authorized to take this affidavit on its behalf and that. the facts set forth in the foregoing complaint are true and correct. to the best of her/his information, knowledge and belief; that there is now due and owing from Mary erownswell the sum of $6,047.00 }plus interest and attorney fees; and that there are no deductions or offsets of any kind, except as are therein specified and credited in the complaint. She/He further understands that false statements made herein are subject to the penalties of 18 Pa/.CI.S. Section 4904, relating to unsworn falsification to authoritie/l BROOKWELL 4428230974612730 J . ?' ?7 Yi a r EXHIBIT PROVIDIAN w f binrue u,t Provrdran National Bank VISA@ or MasterCardO Account Account Agreement lot Mary J Brownewell Please rer'iew this aocumenl and keep it with your other important papers This Account A2ieement contains the terms which govern your Provision National Bank VISA or MasterCard Account (the 'Account-) The Account allows you 10 make purchases by using your VISA or MasterWrd card (the'Card'I wherever ri is honored and to gel rash advances from us or any other participating financial institution and from Automated Teller Machmes Convenience checks may also be provided to you as an addurona! way to use the Account In this Agreement 'you' and'your' mean each person for whom we have opened a credit card Account 'We "our "ours' and %s' mean Provrdran National Bank br its assignees as pled on your billing statement The Account may be used only for personal family household and charitable purposes and not for any business or commercial purpose Any use of Ihrs Account shall constitute acceptance of the terms of this Agreement You and we agree as follows Payments. You will receive a monthly statement showing your outstanding balance Payment on this Account is required in 'J S dollars (checks must be payable at a U S office of the bank the check is drawn on) for at least the payment due as shown on your statement by the payment due dale in accordance with payment instructions on your monthly statement Convenience checks and other checks we issue to you may not be used to make payments on your Account or to make payments on any other account you have with us or our affiliates The payment due will be 2% of the new balance shown on your statement (or 2 2% if an Annual Percentage Rate applied to your Account is higher than 219%) plus me amount of any past due payment plus the amount by which the new balance exceeds your credit line However, the payment due will nor be less than S15 (unless your new balance is less than S15 in which case the payment due will be the amount of the new balance) If your Account is past due or above the credit line. we may require a higher minimum payment but we will nohN you before doing so If your payment is more than the payment due. it will be treated as a single payment and none of it will be applied to future payments due We may accept late or partial payments or payments marked *paid in full' or marked with other restrictions. without losing our right to collect all amounts owing under this Agreement Credit Review: Special Requirement. In order to keep your Account in good standing you agree not to significantly increase the amount of your total debt on unsecured revolving accounts We will review your Account and credit profile regularly to evaluate the amount you owe relative to the amount of your Then current income (We consider an increase in debt of more than 52000 to be sigmficanl unless you have sufficient income ) II we determine that your Account is not in good standing, your ANNUAL PERCENTAGE RATES (APR) for purchases. custom cash, and cash advances may be increased Finance Charges, Except as described in the Grace Period for Purchases section of this Agreement, finance charges begin to accrue on a debit when it is included in one of your daily balances and continue until that balance is reduced by a payment or credit Your Account has three balances the Purchase Balance. which consists of purchases you make with your Card and fees for certain optional services, the Custom Cash Advance Balance, which consists of balances that you transfer to your Account using balance transfer checks and balances that we transfer for you, and the In ne?e? BBoala?n?? which consists at all other cash advances Any payment amount we receive that exceeds the finance charges and fees then due will ordinady be applied first to the Balance with Ili lowest?nnual Percentage Rate (APR), until hat Balance is zero, and then to the Balance with the next lowest APR until that Balance is zero. and then to any remaining Balance We reserve the right to apply payments ddferentty without further notice The Purchase. Custom Cash Advance. and Cash Advance Balances are reduced by payments as of the dale received, and by credits (except for reversals of late. over-limit. and miscellaneous charges) as of the dale posted Purchases are included in your Purchase Balance as of the dale made Custom cash advances are included in your Custom Cash Advance Balance as follows funds electronically transmitted to other lenders to transfer balances, as of the date transmitted. checks to transfer balances as of the dale presented to us Other cash advances are included in your Cash Advance Balance as follows cash advances from other financial institutions and through Automated Tellers, as of the dale made, rash advance checks made payable to you that are identified as cashier's checks and mailed to you at your request, as of seven days after the dale we print on the check, all other checks, as of the date presented to us Other debits (except for late, over-find, 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 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 the dart' finance charge for each type of Balance, we start with your previous day's Balance, add all debits and subtract all credits for the current day and multiply the net amount by the applicable daily periodic rate (see following paragraphs) The finance charge for each type of Balance is then added to and included in that day's Balance We treat a credi! balance for any day as zero We determine the total finance charges on balances for the billing cycle by adding together the finance charges for each type of Balance for each day within the billing cycle In calculating finance charges, an adlustment will be made totally transaction or payment that would have affected the finance charge calculation in a prior billing cycle had it been posted in that cycle The applicable daily periodic rate for such a transaction will be the rate in effect for the current billing cycle rather than the rate m effect on the dale of the transaction Your statement includes an average daily balance for each type of Balance You can multiply each average daily balance that is not zero by the number of days in the billing cycle and the periodic rate to obtain subtotals, and then add the subtotals together to determine your total finance charges on balances for the billing cycle If a cash advance transaction fee is charged, that amount is also a finance charge You on arrange to have a variable rate for purchases which is lower than the lowest nomrntroductory ANNUAL PERCENTAGE RATE (APR) you are paying on any of your other credit card or retail accounts This APR is available only if you provide proof, in the form of a copy of your most recent billing statement. showing your other nommlroductory APR Your new APR will lake effect in the billing cycle following our review of your proof, but not earlier than the end of your introductory period Until your new APR lakes effect, or if we do not reserve proof of your lower APR, your APR for purchases will be as follows The ANNUAL PERCENTAGE RATE (APR) for purchases is k, corresponding to a daily periodic rate of 0 000000 You can arrange to have a variable APR for custom cash advances that is lower than the average non-introductory APR you have been paying on the total balances Wit have transferred from other credit card, retail, and installment accounts provided your other accounts were open in December 1998 In calculating this APR we will take into account the APRs on the credit account balances you have transferred from other lenders This APR is available only it you provide proof in the form of copies of your most recent billing statements. showing your other non introductory APRs Your new APR will take effect in the billing cycle following our review of your proof, but not earlier than the end of your introductory period If we do not receive such proof your APR for custom cash advances will be as follows The ANNUAL PERCENTAGE RATE for cash advances is 00h, corresponding to a daily periodic rate of 000000% If you do not comply with the terms of this Agreement your ANNUAL PERCENTAGE RATE for purchases will be 18 9%. corresponding to a daily periodic rate of 0 05178% and the APR for cash advances and custom cash advances will be 239% corresponding to a daily periodic rate of 006548% Your Account may be eligible for the lower regular APRs after you have met the terms of this Agreement for Three monlhs If you contact us we will review your Account to determine your eligibility for the lower APRs Grace Period for Purchases. New purchases posted to your Account in billing cycles with no previous balance, or when the previous balance was fully paid during the cycle, do not begin to incur a finance charge until the start of the next billing cycle You will pay no finance charge on such new purchases if you pay the total new balance in full by the payment due date shown on your statement New purchases posted in any other billing cycle incur a finance charge. and there is no period in which such purchases may be repaid without incurring a finance charge Fees. We will charge your Account up to $29 for each Card you ask us to replace each returned payment check each check you write on your Account that we return unpaid, each stop payment order or renewal of such an order, each billing cycle within which your Account is delinquent (late charge), and each billing cycle within which your balance exceeds your credl line, even (your Account is closed if you request copies of billing statements that were first sent to you more than three months earlier we may charge a handling fee of 52 for each such copy A cash advance fee of 3% (minimum S5) may be charged for each cash advance transaction made on your Account Default. You will be in default if any Information you provided us proves to be incomplete or untrue. if you do not comply with any part of this Agreement, upon your death, bankruptcy or insolvency, if you do not pay other debts when due. it a bankruptcy petition is filed by or against you. or if we believe m good `ash that you may not pay or perform your obligations under this Agreement If you are in default we may, without further demand or notice, cancel your credit privileges. declare your Account balance immediately due and payable. and use any remedy we may have In the event of your default, the outstanding balance on your Account shall continue to accrue mte,Z at me APR(s) disclosed in the Finance Charges section of this Agreement, even it we have filed suit to collect the amount you owe Credit Line. Your credit line is specified from time to time in a separate notice We may increase or decrease your credit line based on information we obtained from you or your credit records Your available credit is normally the difference between your credit line and your Account balance (including transactions made or authorized but not yet posted) If you send us a large payment check, we may limit your available credit while we confirm that the check will clear For certain hansachor s, available credit may be less You will not use your Account for, and we may refuse to honor, any transaction which would cause you to exceed your available credit Promise to Pay. You promise to pay us when due all amounts borrowed when you or someone else use your Account (even if the amount clanged exceeds your permission), all other transactions and charges to your Account and collection costs we incur including. but not limited to reasonable anorney s fees and court costs (If you win the suit, we will pay your reasonable attorney's fees and court costs ) Changes. Atler we provide you any notice required by law we may change any part of this Agreement and add or remove requirements If a change is made to the Finance Charges section of this Agreement, the new finance charge calculation will apply to your entire Account balance from the effective dale of the change Changes will apply to balances that include items coded to Your Account before the dale of the change, and will apply whether or not you continue to use the Account Foreign EschangelCurrency Conversion. If you use your Card for transactions in a currency other than U S dollars the transactions wilt be converted to U S dollars generally using either a (r) government-mandated rate or (it) wholesale market rate in effect the day before the transaction processing date increased by five percent (5%) If a credit is subsequently given for a transaction, it will be decreased by the same percentage If the credit has a different processing dale then the exchange rare of IN credit can be greaterfess than that of the original transaction The currency conversion rate on the day before the transaction processing dale may differ from the rate in effect at the time of Ile transaction or on the date the transaction is posted on your Account You agree to accept the converted amount in U S dollars /Ail (Continued on reverse) (58460698) 4428130974612730 1048 The Card; Cancellation. you may cancel your credit Pull es at anytime by notifying us in wiling and destroying the Card(c) 'JCon the Card expiration at the end of the month sfawnan it we reserve the right not to renew the Caid We may Cancel the Card and your credit privileges at any lime alter 30 days notice to you or without notice it permitted bylaw If your Card is Cancelled or not renewed, finance charges and other fees will continue to be assessel 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 cancel or do not renew the Card you may no longer write checks on your Account and you should cestoy any unused checks we have issued to you Personal Information; Documents. You will provide us al least 10 days notice If you change your name home or mailing address telephone numbers employment or income Upon our request. yJu will provide us addmonal financial information We reserve the ngnl to obtain information from others including credit reporting agencies and to provide your address and information about your Account to others We may also share nformal on with our aff al However you may who to us at an time instructing is of to snare credit information with u aft l I = If you do not fulfill your obligations under tors greemenl a negative credit report that may reflect on your credit may be submitted to The credit repamng agencies Customer Service; Unauthorized Use, Loss, or Theft of Checks or the Card. Each Card must be signed on rece-PI You are responsible for safeguarding the Card your Personal IdenW¢ation Number ('PIN', which provides access to Automated teller Machines) and any checks issued to you from theft and keeping jour PIN separate from your Card if you discover or suspect that your Card. PIPI, or any unused checks are lost or stolen or that there may be an unauthorized transaction on your Account you will prompPy notify us by calling 1.800.933.1221 So we can immediately act to limit losses and uabdrry, you will phone us even though you may also nouly us in writing Your liability for unauthorized use occurring before you roily us is limited to $50 If ybu report of we suspect unauthorized use o/your Account. we may suspend your credit privileges until we resolve the problem to our satisfaction or issue you a new Card If your Card is lost or stolen, you will prompty destroy all checks in your possession To improve customer service and security, you agree that your calls may be monitored or recorded Merchant Rotations. We will not be liable if any person or Automated Teller Machine refuses Io honor the Card or accept your checks or fails to return the Card to you We have no responsibility for goods and services purchased with the Card or checks except as required by taw (See Special Rule below ) Certain benefits that are available with the Account are provided by Ihvdparty vendors We ate not responsible for the quaky. availability , or results of any of the services you choose to use, Stop Payment Orden. If you wish to stop payment on a check, you may send us a slop payment order by writing to us at our address for customer service listed on your statement You can make a stop payment order orally by calling the number listed on your statement When you make a stop payment order you must provide your Account number and specific information about the check the exact amount, the date on the check. the name of the parry to whom it 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 dsrItil Your oral order if we do not receive a s died wr Ilen conhrmaI on w In Iwo Wit>k aft Ili r r r, or if we have not received an adequate description of the hem so Thal payment can be stopped tie order will not De of ecwe rf Inc check was paid by us before we had a reasonable opportunity to act on the order We may, without Irobdiry, dsregard a written sloppaymeni order six months after recerpt unless rt is renewed in writing Standard of Care. Because this Account Involves both credit card and check Iransachons which are processed through separate national systems before the transactions are consolldaledby us. and because ant every check and Card sip will be sent to w, transactions in your Account will be processed mechanically without our necessarily reviewing every item Our processeg system will call our attention to certain items which we will examine We will examine all transactions when you report that your Card or checks have been lost or stolen We do not mlend ordrnanly to examine all items, and we will not be negligent if we do not do so This rule establishes the standard of ordinary care which we in good faith will exercise in administering your Account Because of our limited review, and because neither your cancelled checks nor Card transaction ships will be returned to you with the monthly statement. you should be careful to enter all checks in your check al lei or otherwise keep a record of them You should also save your credit card cash advance and purchase slips You agree to check your monthly statements against your record and to nohf r us immedrateiv of any unauthorized transactions or errors Waiver of Certain Rights. We may delay or warve enforcement of any provision of this Agreement without losing our right to enforce it or any other provision later You waive the right to presentment, demand, protest, or notice of dishonor, any applicable statute of limitations, and any right you may have to require us to proceed against anyone before we file suit against you Applicable Law; Severa illity; Assignment No matter where you live, this Aggreemenl and Sour Account are governed by federal law and by New Hampshire law This Agreement is a final expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to conform to applicable law, and the rest of the provisions in the Agreement will still be enforceable At anytime after we determine in good faith that any proposed or enacted legislation, regulatory action, or judicial decision has rendered or may render any material provisions of this Agreement invalid or unenforceable, or impose any increased lax, reporting requiremem. or other burden in connection with any such provision or its enforcement, we may, after at least 30 days notice to you, or without notice if permitted by law, cancel the Card and your Credit privileges We may transfer or assign our right 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 such notice by fling a financing statement with the slates Secretary of State Notices. Other notices to you shall be effective when deposited in the marl addressed to you at the address shown on our records, unless a longer notice period is specified in this Aggreement or bylaw, which penod shall start upon mailing Notice to us shall be mailed to our address for customer service on your statement (or other addresses we may specify) and shall be effective when we receive it YOUR BILLING RIGHTS -KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act Notify Us In Cue of Errors cr questions About Your 8111. If you think your bill is wrong, or if you need more information about any transaction on our bill, write us, one separate sheet, at cur address for customer service listed on your bill Wrile to us as soon as possible We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared You can telephone us, but doing so will not preserve your rights In your letter, give us the fallowing information ..Your name and Account number -- The dollar amount of the suspected error ..Describe the error and explain, if you can why you believe there is an error If you need more information. describe the item you are not sure about Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days. unless we have corrected the error by then Wnhm90days, we must either correct the error or explain why we believe the bill was correct After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit line You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question If we find that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount If we didn't make a mistake, you may have to pay finance charges, and you will have to makeup the missed payments on the questioned amount In ether case, we will send you a statement of the amount you owe and the date that t is due If you fail to pay the amount we think you owe, we may report you as delinquent However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you question your bill And, we 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 between us when h finallyis. If we don't follow these rules, we can't collect the first S50 of the questioned amount, even if your bill was correct SPech l Rule for CredN Card Purchases. If you have a problem wi th the quality of the property or services that you purchased with our credit card and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services There are Iwo limitations on Ihis right (a) you must have made the purchase in your home slate, or If not within your home state, within 100 miles of your current mailing address, and (b) the purchase price must have been more than S50 These limitations do not apply if weown or operate the merchant, or if we marled you the advertisement for the property or seances EXHIBIT a M 0 PROVIDIAN NATIONAL BANK, Plaintiff V. MARY BROWNEWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3848 CIVIL TERM CIVIL ACTION-LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Mary Brownewell, in the above-captioned matter. Respectfully submitted, O'BRIEN, BARIC & SCHERER Micha l? A. Scherer, Esquire 7 /Za 119 I. D. # 61974 Date: 17 West South Street Carlisle, PA 17013 (717) 249-6873 CERTIFICATE OF SERVICE I hereby certify that on July ZID , 1999, I, Michael A. Scherer, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Praecipe For Entry of Appearance, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Valerie Rosenbluth Park, Esquire Park Law Associates, P.C. 25 East State Street Doylestown, Pennsylvania 18901 o? Michael A. Scherer - __ ?. r .' -- ,.. ;,;' ???, ..? i ? ? c.. (': :L !? CP ?J ?-? (I1 ( ) I N rf G 0.' o Lad ?_ ? U ? rn Z ? ? C ? V r r= „ U _ ? 3 ? ? Z 5 m ? ? z ? Lad _ . n , z ? V PROVIDIAN NATIONAL BANK V. MARY BROWNEWELL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 99-3848 CIVIL 19 RULE 1312-1, The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Valerie Rosenbluth Park, Esquire , counsel for the plaintiff'/ata8amtaat in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ A 047 no The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Robert L. O'Brien, David A. Baric, Michael A. Scherer, Robert Angst WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Valerie Rosenbluth Park, Esquire ORDER OF COURT i / AND NOW, / , 1A 07`O, in consideration of the foregoing petition, 1?1?"? ??w zg2 aZZ.4o21:/ Esq. , Esq., and 2 Z4 ht,/l,2syf ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. Si PROVIDIAN NATIONAL BANK V. MARY BRO14NEWELL IN THE COURT OF CONNON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA x099-3848 CIVIL 19 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Valerie Rosenbluth Park, Esquire , counsel for the plaintiff/dateadaat in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ A 047 00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Robert L. O'Brien, David A. Baric, Michael A. Scherer, Robert Angst WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT Valerie Rosenbluth Park, Esquire AND NOW, 20Q,cf?Y1Ll/? / 19 c+I /U, in consideration of the foregoing petition, -:/'`".r.1 c2y 0 Esq., ?±??? ? Esq., and 2a., l hurl ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. ,s t; t i3 :N C . `.7= cr Z6 :n M C, AU j ".1fL i JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER. IR. EDMUND C. MYERS DAVID W. DELUGE RALPH H. WRIGHT, IR. DAVID J. LANZA MARK C. DUFFIE KEIRSTEN WALSH DAVIDSON MICHAEL I. CAS5IDY The Honorable George E. Hoffer President Judge Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ATTN: Sandy Gobreck Dear Sandy: LAW OFFICES JOHNSON, DUFFIE, STEWART £d WEIDNER A Professional Corporation 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WEBSITE: www.jdsw.com TELEPHONE 717.761.4540 FACSIMILE 717.761.3015 E-MAIL mall®Jdsw.com January 10, 2001 Re: Providian National Bank v. Mary Brownewell No. 99-3848 Civil Term [, [n L t1 p vpa ii E Fm b I It C HORACE A. JOHNSON OF COUNSEL Pursuant to your conversation with Kristee Myers of this office, enclosed please find an Order vacating Nora Gibson, Esquire as an Arbitrator and appointing Fred Hait, Esquire in her absence. Attorney Gibson's office informed us she will be on maternity leave in the near future, and Attorney Hait from her office is able to cover the arbitration in her absence. Please return the signed Order to us in the enclosed envelope. We are in possession of the Court's file at this time and have scheduled the Arbitration Hearing for Thursday, March 15, 2001. Thank you for your attention to this matter. If you have any questions, please contact either myself or Kristee Myers. Very truly yours, HAJ:kkm:142324 Enclosures cc: Fred H. Hait, Esquire JOHNSON, DUFFIE Ho & WEIDNER PROVIDIAN NATIONAL BANK, Plaintiff V. MARY BROWNEWELL, Defendant AND NOW, this day of ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3848 CIVIL TERM CIVIL ACTION - LAW 2001, IT IS HEREBY ORDERED that the appointment of NORA GIBSON, ESQUIRE as an Arbitrator in the above matter is VACATED and FRED H. HAIT, ESQUIRE is APPOINTED in her absence. BY THE COURT: J. :142321 (?&K>wlldfj X111161 K,yL_ PROVIDIAN NATIONAL BANK, Plaintiff V. MARY BROWNEWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3848 CIVIL TERM CIVIL ACTION - LAW NOT/CE OFARB/TRATORS' HEARING TO: Valerie Rosenbluth Park, Esquire Michael A. Scherer, Esquire Park Law Associates, P.C. O'Brien, Baric & Scherer 25 East State Street 17 West South Street P.O. Box 1779 Carlisle, PA 17013 Doylestown, PA 18901 AND NOW, this 11" day of January, 2001, you are hereby notified that the arbitrators appointed in the above-captioned action will hold a hearing for the purpose of their appointment as follows: Date: Thursday, March 15, 2001 Time: 10:00 a.m. Location: The Law Offices of Johnson, Duffle, Stewart & Weidner 301 Market Street, Lemoyne, Pennsylvania CAVEATS: THOSE PARTIES WISHING TO INTRODUCE VIDEOTAPE EVIDENCE WILL BE EXPECTED TO HAVE THE NECESSARY EQUIPMENT TO DISPLAY THE VIDEOTAPE PRESENT AT THE ARBITRATION LOCATION. 2. IN THE EVENT THAT DEPOSITION TRANSCRIPTS ARE TO BE USED AS EVIDENCE, TRANSCRIPTS SHOULD BE PROVIDED TO EACH ARBITRATOR AT LEAST ONE WEEK PRIOR TO THE HEARING. 3. PARTIES WISHING TO ARGUE LEGAL POINTS WILL BE EXPECTED TO HAVE COPIES OF STATUTES, CASES (SPECIFICALLY INCLUDING CASES REGARDING U RICH S ETC., WITH RELEVANT PORTIONS HIGHLIGHTED FOR EACH ARBITRATOR AND SI G CO S AT THE COMMENCEMENT OF THE HEARING. Johnson, Esquire, Chairman pates, Esquire Arbitrator Halt, Esquire, Arbitrator kkm:142321 c: Lowell Gates, Esquire Fred H. Hait, Esquire Court Administrator Bulletin Board, Prothonotary's Office PROVIDIAN NATIONAL BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. MARY BROWNEWELL, Defendant NO. 99-3848 CIVIL TERM CIVIL ACTION - LAW ORDER AND NOW, this 1L day of 2001, IT IS HEREBY ORDERED that the appointment of NORA GIBSON, ESQUIRE s an Arbitrat r in the above matter is VACATED and FRED H. HAIT, ESQUIRE is APPOINTED in her absence. :142321 Q,'t .Oy in 1, BY THE COURT: PROVIDIAN NATIONAL BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. MARY BROWNEWELL, Defendant NO. 99-3848 CIVIL TERM CIVIL ACTION - LAW ORDER AND NOW, this ?L day of ^ A 2001, IT IS HEREBY ORDERED that the appointment of NORA GIBSON, ESQUIRE as an Arbitrat r in the above matter is VACATED and FRED H. HAIT, ESQUIRE is APPOINTED in her absence. BY THE COURT: :142321 (/ '"vrf ze^ f') J. - 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 PROVIDIAN NATIONAL BANK Plaintiff VS. MARY BROWNEWELL Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION - LAW NO. 99-3848 CIVIL TERM CERTIFICATE OF SERVICE Valerie Rosenbluth Park, Esquire certifies that she is the attorney for the above named Plaintiff in the instant action and that on February 16, 2000, she served a true and correct copy of Plaintiff's Response to Defendant's Production of Documents and Plaintiff's Responses to Interrogatories of Defendant Directed to Plaintiff by mailing the same by regular mail, postage paid, to the person and at the address set forth below: Attorney for Defendant Michael Scherer, Esq. 17 West South Street Carlisle, PA 17013 BY: VALE I ROSE LUTH PARK, ESQ. ATTORNEY FOR PLAINTIFF PARK LAW ASSOCIATES, P.C. ?.. -- ::, -, -: _ ,? /,., / / ',, / ./..i ',n/r Ao"-6N-}Iird ORIV R Am) PIr1Ui. 11,1 / I ?? 11? ^I r,1 fi yll It f/?, , 71u11. It IS I-IERE13Y ORDERED that the 0I ! ! d I I l tlhl' .:u1 n,hlhnlAr h, Il,o ?hnv? matter is VACATED and FRED H. llPll f ".? 11111?t I,. pl l',!II Ilr l? in Iv„ ,,I,??nvn IIV 1I4F COUR1` _ _t r: jJ . PROVIDIAN NATIONAL BANK, Plaintiff V. MARY BROWNEWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3848 CIVIL TERM CIVIL ACTION - LAW ORDER Tk-- AND NOW, this -L day of 2001, IT IS HEREBY ORDERED that the appointment of NORA GIBSON, ESQUIRE s an Arbitrat r in the above matter is VACATED and FRED H. HAIT, ESQUIRE is APPOINTED in her absence. :142321 -*1 d'rde )ax'4 ?? ?106, G ?rB-?L?.1F /?xl if•AZlisr 1 BY THE COURT: J. LY lam"nn 01 O,'Ir?s SHERIFF'S RETURN - REGULAR CASE NO: 1999-03848 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS. BROWNEWELL MARY BRIAN BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon MARY BROWNAWELL the defendant, at 19:50 HOURS, on the 28th day of June 1999 at 354 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to JOHN BROWNAWELL (HUSBAND) 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: So answers: Docketing 18.00 Service 3.10 P Affidavit .00 Surcharge 8.00 mas ice- a i, $29.10 PARK K 14A OFFICES 06/29/1999 444 epu y ri Sworn and subscribed to before me this a day of k 19A.D. /0 rotnonocary PRaVfD/AN ILY11FlL ,av,? ) ) ) ? i2rc?YV6r?F ? ) . OATH In The Court of Common Pleas of Cumberland County, Pennsylvania No. 99, M_19 We do solemnly swear (or affirm) that we will support, obey and defend -the Constitution of the United States and the Constitution of tphl Common- 'wealth and that we will discharge the duties of our a wit fidelity. Q.. „ J "- AWARD We, the undersigned arbitrators, having bee duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Arbitrator, d' ts. (I ert name if applicable.) n Date of Hearing: Date of Award: 'A?? NOTICE OF ENTRY OF AWARD Now, the / day of ';1PUtj jaL / , 19 ]at i_:?, the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: Pr thonotary Deputy' - 9, AS. s,., w 4-/14 1ke p*,venowe" ro /,;- e.,1' /,,4 ,'-? +? ?sOrl; eos 73636 a 4. i-L-0 -I- VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS Mary Brownewell Defendant NO. 99-3848 CI 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 ASSOC TES, P.C. r BY: V RIE ROSENBLUTH PARK 17 ,., ,: =? .. ;_;