HomeMy WebLinkAbout99-04699ri
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
PROVIDIAN NATIONAL RANK
vs- plain CG.l1(s)
RICK I, MINNICH
Defenda-rri(s)
NO. 1999.4699
IN CIVIL ACTION
PR.AECIPE FOR. DEFAULT
JUDGMENT
CODE -
FILED ON BEHALF OF
PLAINTIFF
COUNSEL OF RECORD
FOR THIS PARTY:
James R. Apple, Esq.
PA I.D. No. 37942
Charles P. Bennett, Esq.
PA I.D. No. 305,11
Joel E. Hausman, Esq.
PA LD. No.,12096
Afarglouisc Il a/ncr, lsxq.
PA I.D. No. 61095
APPLE AND APPLE, P.C.
Firm No. 719
46510 Baum Boulevard
Pittsburgh, PA 15213-1237
Telephone (412) 682-1.1661
Fax (412) 6182-3138
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
PR.OVIDIAN NATIONAL DANK
NO. 1909-9000
IN CIVIL ACTION
Pln in liff(•s)
RICK I. MINNICH
Defruflunl(H)
PRAECIPE FOR DEFAUIJI JUDGMENT
TO THE PIIOTRONOTAR.Y:
Kindly enter Judgment against the above-named Defendant(s) in Default of an Answer,
in the amount of $6,596.37, computed as follows:
Amount named ill Complaint $ 5,162.12
Interest from May 26, 1999
to August 31, 1,999 on $5,162.12 78,46
Attorney Fees 1,835.79
Payment ,180.00
TOTAL $ 6,5961.37
I certify dint Notice of the intention to enter this Judgment was given pursuant to Pa.
R.C.P. 237.1. A copy of said Notice is attached, and was mailed on September 10, 1999 by Regular
mail, postage prepaid and, addressed as follows:
Defendant: Rick I. Minnich
325 E. Main Street, Apt 3
Mechanicsburg, PA 17055
APPLE AND APPLE, P.C.
Dated:
By:
Attorneys for Plaintiff(s)
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
PROVIDIAN NATIONAL BANK NO. 1999-4899
IN CIVIL ACTION
.ss- Plaintiff(s)
RICK I. MINNICK
Defendant(s)
Rick I. Minnich
325 E. Main Street, Apt. 3
Mechanicsburg, PA 17055
Date of Notice: SEP 10 1999
APPLE AND APPLE, P.C.
By:
J es R. ple, Esq.
Attorneys for Plaintiff(s)
4050 Baum Boulevard
Pittsburgh, PA 15213-1237
Telephone (412) 882-1488
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone (717) 249-3188
Toll free: 1-800-990-9108
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
PROVIDIAN NATIONAL BANK NO. 99 " 'y?oQ9 l tve? ?4'/LI r
IN CIVIL ACTION
-vs- Plaintiff(s)
RICK I. MINNICH
Defendant(s) COMPLAINT
CODE-
FILED ON BEHALF OF
PLAINTIFF
COUNSEL OF RECORD
FOR THIS PARTY:
James R. Apple, Esq.
PA I.D. No. 37942
Charles F. Bennett, Esq.
PA I.D. No. 30541
Joel E. Hausman, Esq.
PA I.D. No. 42096
Marylouise Wagner, Esq.
PA I.D. No. 61095
APPLE AND APPLE, P.C.
Firm No. 719
4650 Baum Boulevard
Pittsburgh, PA 15213-1237
Telephone (412) 682-1466
Fax (412) 682-3138
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
PROVIDIAN NATIONAL BANK NO.
IN CIVIL ACTION
-vs- Plaintiff(s)
RICK I. MINNICH
Defendant(s)
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
claimed 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 17013
Telephone (717) 249-3108
Toll free: 1-800-990-9108
2
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
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 325 E. Main Street, Apt. 3,
Mechanicsburg, PA 17055.
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 Application and Agreement, true and correct copies of which are
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 $5,162.12.
8. Plaintiff avers that interest has accrued at the rate of 6.00% per annum on
the balance due from May 26, 1999.
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.
3
10. Plaintiff avers that pursuant to Plaintiff's agreement with Plaintiff's attorneys,
Plaintiff's attorneys are to receive attorneys' fees of 33 1/3% of the debt initially submitted
for collection, $5,507.95.
11. Plaintiff believes, and therefore avers, that said attorneys' fees rate is just
and reasonable compensation for the services rendered by said attorneys.
12. Although repeatedly requested to do so by Plaintiff, Defendant has willfully
failed and refused to pay the amount due Plaintiff or any part thereof.
WHEREFORE, Plaintiff demands Judgment against Defendant in the amount
of $5,162.12 with appropriate additional interest, attorneys' fees and costs.
APPLE AND APPLE, P.C.
By: lL
Attorneys or Plaintiff s)
4
Complete this short form and return it in the postage-paid envelope provided.
30-Second Response Certificate
Yes, f want to accept your invitation for a customized VISA" Gold account!
1 have mad the toms on the back of the brochure. I agree to be bound by the Acvount Agreement (which will be mailed to me before my
VISA earl is L%ued) and to repay principal, interest, and interest thereon, except that I will have no obligation if I return the card(s) and
chaks unused and cancel my account after reviewing the Attount Agreement.
Rick I. Minnich 6112131,9
325 E. Main St. p 3
Mechanicsburg, PA 17055-6516
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No Annual Fee
$20,000 Credit Line
Lowest Rates Starting of 0%
SAVINGS
2735N4 TC120 CY029
GGBT LFER JBCA HACD AEAD 10- ,a wwx weraew
735-10038-3663-2
This invitation expires: May 13, 1996
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S 415emrity Number
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Senior Vice President
C71-7 ) '7 3 O _ SAS AS 7 Credit Protection Plan (Optional)
Work/Second Phone YES, I would like to help protect my VISA Gold
account and credit rating with the optional credit
Ikotectio and scri on the enclosed flyer.
YES ,
(tdtlal here to enroll)
735-10038-3663-2 UV176
Reference Number: 4428002773506706
Box 3369
Year 96
Batch 28
SSN 198-58-9747
Account # 4428-0027-7350-6706
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Providian Nallonal Bank Iiior MasterCard® Account
Account Agreement for Rick I Minnick
Please review this document and keep it with your other important papers This Account Agreement coitams the terms which govern your cowman National Bank VISA or ,MasterCard Amount
the 'Account') The Account allows you to make purchases by using your VISA or MasterCard card (the 'Cara') wherever it is honored and to gel cash advances from us or any other participating
manual mstdiilion and from Automated Teller Machines Convenience checks may also be prdviden to you as an addilional way to use the Account in this Agreement, 'you' and'ypur' mean
each person for whom we have opened a credit card Account. 'We,*our .'cuts .'and 'us' mean Por idian National Bank or its assignees as listed on your billing statement The Accounl maybe
used only for personal, family, household, and charitable purposes, and not for any business or commercial purpose Any use of this Account shall constitute acceptance of the terms of this
Agreement. You and we agree as follows:
Paymenh. you will receive a mdnihly statement showing your outstanding balance Payment on Ima Accounl is requited in U S dollars (checks must be payable of a U S. office of the bank the
check is drawn on) for al least the payment due as shown on your sit 0 by the payment due Gate in accorancewilh payment mstrudions on your month lIyy slalemenl Convenienc due e will not be
checks
aed other checks we issue to you may not he used to make pay he ments on your Accounl or to make payments on any o Gther account you have wdh us car our al6fiarear The Payment due Cavil be 2%
of the new balance shown on your statement plus the amount of any past due payment , plus the amount
by which
the new balance exceeds yam credit Imo However l payment
less than unless your new balance is less than $15, a whrch care the payment due will be the amount of the new lance) If your Account is past due or a
pa bove the credit line, we may require
me 1 a higher $15minim( um payment, but we will nobly you before doing so if your payment rs more than the payment due d will be trealetl as a single payment and none of, t will be applied to (inure
yments due. We may accept late or partial payments, or payment marked'paitl in full' or marked wdh other restndioin wdif out 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 nor to significantly increase the amount of your total debt on unsecured revolving accounts. We
will review your Account and Credit profile regularly to evaluate to amount you owe relatrve to the amount of your then current income (We consider an increase in debt of more than 32,000 lobe
sggnifianl, unless you have sufficient income ) It we determine that your Account is not in good standing, your ANNUAL PERCENTAGE RATES (APR) for purchases, custom Cash, and ash
adances maybe 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 yourdaitybalances
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 tional semoes: the Custom Cash Advance Balance which consists of balances trial you transfer to your Account using balance transfer checks and balances that we transfer for you,
and the ash Adva lariae which consists of all other Cash advances Any payment amount we receive that exceeds the finance charges and fees then due will ordinarily be applied first to
the Balance with the lowest Annual Percentage Rate (APR), until that Balance is zero, and her 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 differently without further notice. The Purchase, Custom Cash Advance, and Cash Advance Balances are reduced by payments as of thedate
received, and by credits (except for reversals of late, over-I m i and miscellaneous charges) as of the dale posted. Purchases are included in Vour Purchase Balance as of the date made. Custom
Ca
balanc
sh advances are included in your Custom Cash Advance Balance as follows. funds etectroniaty transmitted to other lenders to transfer balances, as of the date transmitted, checks to transfer he da Tel ersas of he date) manaeCash ato us; dvanceetchecks made pa able to youghat in or Cash Advance are identified as cashier's checks end mailed to you advances
at your recess, asof even days after he date we print on Automated
check; all other checks, as of the date presented to us Other debits (except for late, over-limo, 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 ash advances or other ash advances.
To figure the daily 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
appiiablet 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 credit balance for any day as
zero. We determine the total finance charges on balances for the billing cycle by adding together the finance charges far each type of Balance for each day within the billing cycle. In abulating
finance charges, an adjustment will be made for any transaction or payment that would have affected the finance charge Calculation in a prior billing cycle 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 in effect on the dale of the transaction
Your statement includes an average daily balance for each type of Balance You can multiply each average dart' 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 Ideal finance charges on balances for the billing cycle. If a Cash advance transaction lee is charged, that amount is
also a finance charge
You an arrange to have a variable rate for purchases which is lower than the lowest non-introductory ANNUAL PERCENTAGE RATE (APR) you are paying on any of your other credit Card or
retailaccounls This APR is available only if you provide proof, in the form of a copy of your most recent billing statement, showing your other non-inlroduclory APR. Your new APR will lake effect
in the billing cycle following our review of your proof, Cut not earlier than the end of your introductory penod. Until your new APR lakes effect, or if we do not receive proof of your lower APR, your
APR fa purchases will be as follows: The ANNUAL PERCENTAGE RATE (APR) for purchases is 23.3%, corresponding to a daily periodic rate of 0.06384%.
Ya an arrange to have a variable APR for custom ash advances that is lower than the average non-introductory APR you have been paying on the total balances you have transfededfrom
o0ier credit card, retail, and installment accounts provided your other accounts were open in December 1998 In calculating this APR we will lake into account the APRs on the credit account
balances you have transferred from other tenders This APR is available only if you provide proof, in the form of copies of your most recent billing statements, showing your other non-introductory
APRs. Your new APR will lake 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 custom cash advances a 23.3%, Corresponding to a daily periodic rate of 0 06384%.
The ANNUAL PERCENTAGE RATE for Cash advances is 23.3%, corresponding to a daily penodic rate of 0.06384%
If you do not Comply with the terms of this Agreement your ANNUAL PERCENTAGE RATE for purchases will be 23 3%, corresponding to a daily periodic rate of 0.06384%; and the APR for cash
advances and custom ash advances will be 23.3%, Corresponding to a daily periodic rate of 0.06384% Your Account may be eligible for the tower regular APRs after you have met the tenns of
this Agreement for three months. 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 cyore. You will pay no finance charge on such new purchases if you pay the total new balance in full by le 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 maybe repaid without incurring a finance charge.
Fees. We will charge your Account up to S29 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
Older a 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 credit line, even if 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 S2 for each such copy A cash advance
fee of 3% (minimum $5) may be charged for each cash advance transaction made on your Account
Default You will be in default: it any information you provided us Proves to be incomplete or untrue, if you do not campy with any part of this Agreement, upon your death, bankruptcy, a
insolvency; if you do not pay other debts when due, if a bankruptcy petition is filed by or against you. or if we believe in good faith 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 prmaeges, declare your Account balance immediately due and payable, and use any remedywe may
have Iin the event of your default, the oulstandng balance on your Account shall continue to accrue interest at the APR(s) disclosed in the Finance Charges section of this Agreement. even if
we have fled suit to collect the amount you ave.
Credit Line. Your credit line is specified from lime 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 transactions, 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 cormwed when you or someone else use your Account (even if the amount charged exceeds your permission), all other
transactions and charges to your Accounl. and collection costs we incur including, but not limited to. reasonable attorney's fees and court costs (If you win the suit we will pay your reasonable
attome/s fees and court costs )
Changes. Affer we provide you any notice required by law. we may change any pan 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 date of the change Changes will apply to balances that include items Posted to your
Account before the dale of the change, and will apply whether or not you continue to use the Account
Foreign ExchangefCurrency Convervon. If you use your Card for transactions in a currency other than U S dollars, the transactions will be converted to U S dollars, generally using either a (1)
government mandated rate or (i) wholesale market rate in effect the ay 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 cercentage If the credit has a different processing ate. then the exchange rate of 'he credit can be greater/less than that or the original transaction. The currency
conversion rate on the day before the transaction processing ate may differ from the rate in effect at the time of the transaction or on the date the transaction is posted on your Account You
agree to accept the converted amount in U.S dollars
'Confinaed on reversal 15846.05981 4428002773506706 0184 LSei
The Card; Cancellation. You may cancel your credit prrvdeges at any lime by notifying us in writing and destroying the Card($) Upon the Card expiralional the end of the month shirk on iI, we
reserve the right not to renew the Card We may cancel the Card and your credit privileges at any time after 30 days notice to you or without notice if permitted by law If your Card is concelled or
not renewed. finance charges and other fees will continue to be assessed. payments will continue to be due, and all other applicable provisions of this Agreement vial remain in effect. If you
terminate your credit privileges. or if we cancel or do not renew the Care, you may no longer write checks on your Account, and you should destroy any unused checks we nave issued to you
Personal Information; Documents. You will provide us at least 10 days notice it you change your name home or mailing address, telephone numbers, employment or income. Upon our
request, you will provide us additional 'financial information We reserve the right to obtain information from others. mdudmg creed repomng agencies, and to provide your address and information
about your Account to others We may also share nfo mat on with our affiii to I owever you may w de o us at anv lime msirucuno us net 1, share .,.doll informal on with our affiliates If you
do nor fulhll your obligations under ttus Agreemenl. a negative credit repo.. Ilia. may .meet on your credit may lie suommed.o the ...edit r.orung agencies
Customer Servlee; Unauthorized Use, Loss, or Theft of Checks or the Card. Each Card must be signed on receipt You are responsible for safeguarding the Card, your Personal Identification
Number ('PIN'. which provides access to Automated 'eller Machines) and any checks issued to you from theft and keeping your PIN separate from your Card 'f you discover or suspect that
your Card, PIN, or any unused checks are lost or stolen or that there may be an unauthorized transaction on your Amours you will promptly notify us by calling 1-800833.7221. So we can
immediately act to limit losses and habilh you will phone us even though you may also notify us n writing Your liability for unauthorized use occurring before you notify us is limited to $50. If you
report or we suspect unauthonzed use of your Account we may suspend your credit privileges unit we resolve the problem to our satisfaction or issue you a new Card. If your Card is lost or
stolen, you will promptly destroy all checks in your possession To improve customer service and security , you agree that your calls may be monitored or recorded.
Merchant Relations. We will not be liable if any person or Automated Teller Machine refuses to 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 law (See Special Rule below.) Certain benefits that are available with the Account are provided by third-party
vendors. We are not responsible for the quality, availability, of 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 stop payment order bywili g 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 slap 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 party to whom if 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. Wg may disreeard vom oral order if we do not ece ve a s o eg car Ile confirmation within two weeks after the oral order, or if we have not recerved an adequate
description of the item so that payment can be stopped. The order will not be effective d the check was paid by us before we had a reasonable opportunity to act on the order. We may, without
liability, dsregard a written stop payment order six months after receipt unless it is renewed in writing
Standard of Cam. Because this Account involves both credit card and check transactions which are processed through separate national systems before the transactions are consolidetedby us,
and bemuse not every check and Card slip will be sent to us, transactions in your Account will be processed mechanically without our necessarily reviewing every item Our praessiny system will
call our attention to certain items which we will examine We will examine all transactions when you report that your Car or checks have been lost or stolen We do not intend ordinarily 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 administenng your Account. Bemuse
of our limited review, and bemuse neither your conceded checks nor Card transaction slips will be returned to you with the monthly statement, you should be careful to enter all checks in your
check register our otherwise keeparecord of them. You should also save your credit card cash advance and purchase slips. You agree to check your monthly Statements against your record rid
Lit rabH us immediately of any unauthorized transactions or errors
Walwr of Certain Rights. We may delay or waste enforcement of any provision of this Agreement without losing our light 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 fight you may have to require us to proceed against anyone before we file suit against you.
Applicable Law; Sewnbllity; Assignment. No matter where you live, this Aggreement and your 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 W evidence rf any alleged oral agreement. If an( 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 any time after we determine in good faith
that any proposed or enacted legislation, regulatory action, or ludcial deasion has rendered or may render any material provisions of this Agreement invalid or unenforceable, or impose any
tax
increased , reporting requirement, or other harden in connection with any such provision or its enforcement, we may, after at leas" 30 days notice to you, orwithoul notice it permitted by law,
cancel the Card anti your Credt pmileges. We may Iransler or assign our right to all or some of your payments It stale law requires thou" you receive notice of such an event to proled the
purchaser or assignee, we may give you such notice by fling a financing statement wit h the state's Secretary of Slate.
Notices. Other notices to you shall be effective when deposited in the mail addressed to you at the address shown on our reco
rds, unless a longer notice period is specified in This Aggreement or
ray law, which period shall start upon mailing. Notice to us shall be mailed 10 our address for customer sa"" an your statement (or other addresses we may specify) and shall be effectlve when
we receive ill
YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This notice contains important intonation about your rights and our responsibilities under the Fair Credit Billing Act.
Nodly Us In Case of Emit or Questions About Your Bill if you think your bill is wrong, or if you need more information about any transaction on your bill, write us, on a separate sheet, at our
address for customer service listed on your bill. Wnle to us as soon as possiole We must hear from you no later than 60 days after we sent you the fast 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 following information. --Your name and Amount number -The dollar amount of the
suspectederror. - 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 RwponsibliMw After We Receive Your Written Notice. We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days,
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 And that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount. If we don't make a mistake, you may have to pay finance charges,
and you will have to make up the missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the
amount we think you owe, we may report you as delinquent. However, if our explanation does not salisy 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 it finally is. If we don't follow these rules, we can't collect the first 550 of the questioned amount, even if your bill was correct.
Special Rule for Credit Card Purchases. If you have a problem with the quality of the property or services that you purchased with our credit card and you have tried in good faith to correct the
Rroblem with the merchant, you may not have to pay the remaining amount due on the goods or services. There are two limitations on this right (a) you must have made the purchase In your
ome stale, or if not within your home state, within 100 miles of your current mailing address, and (o) the purchase price must have been more than SW These limitations do nor apply if we own
or operate the merchant, or if we mailed you the advertisement our
the property or services
I.
VERIFICATION
I, Darla Antone of Providian 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 unswom
falsification to authorities.
Date Affiant - Darla Antone
Title - Designated Agent
Address -P.O. Box 9053
Pleasanton, CA.
94566
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SHERIFF'S RETURN- REGULAR
CASE NO: 1999-04699 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PROVIDIAN NATIONAL BANK
VS.
MINNICH RICK I
SGT. DAVID ZEIGLER Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT
was served
upon MINNICH RICK I
defendant, at 14:52 HOURS, on the 16th day of August the
1999 at CUMBERLAND CO SHREIFF'S DEPT 1 COURTHOUSE SQUARE
CARLISLE, PA 17013
,CUMBERLAND
County, Pennsylvania, by handing to RICK I MINNICH
a true and attested copy of the COMPLAINT
together with NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service
Affidavit 6.20
Surcharge 00
8.00
So answers.,;, or
2
$32:2-0-APPLE &
08/17/1
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omas ine, eri
APPLE
999
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ep eri
Sworn and subscribed to before me
this J E!' day of
1999 A. D. ?i Enonotary-?-r-`r--