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HomeMy WebLinkAbout99-04875 v 1 . o z1 xS it APPLE AND APPLE Attorneys at Law 4650 BAUM BOULEVARD PITTSBURGH, PENNSYLVANIA 16213 TELEPHONE: (412) 662.1466 WE HEREBY CERTIFY THE WITHIN TO BE A TRUE Xi4w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK -us- Plaintiff(s) DONNA R. GUTSHALL NO. 99' V'6 l tvCc ???Z IN CIVIL ACTION 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 -08- Plaintiff(8) DONNA R. GUTSHALL 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) 249-3188 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 107 Carlisle Road, Newville, Cumberland County, PA 17241. 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 $3,992.30. 8. Plaintiff avers that interest has accrued at the rate of 14.00% per annum on the balance due from July 13, 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, $4,936.19. 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 $3,992.30 with appropriate additional interest, attorneys' fees and costs. 4 APPLE AND APPLE, P.C. Complete this short form and return it in the postage-paid envelope provided. 30-Second Response Certificate Yes, I want to accept your invitation for a customized VISA' Gold account) I have mad the terms on the back of the brochute.l agree to be bound by the Aunt Agreement (which will be nailed to mebeforemy VSAard is Issued) arnd torepay principal, intent, and interest thereon, owept that I will have no obligation if I return thecard(s) end ehacks unwed and cancel my amount after reviewing the AcwuntAree ment. Donna R. Gutshall 6 1 5 9 6 6 3 5 107 Carlisle Road Hewville, FA 17241-9400 InJ1lntIuLLIeInJILIrrrLJILnILnllm 6.ddrLl 2737HI TC306 GX417 QRCH PEER MRFA TEDD CCAE 16- 737-05631-4667-9 •e asrnuar This Invitation"pires: June 10, 1996 S patine (Nmt-Truurmhte) Smufty inter -71?) 771p-??? L. ) SAME Haar p wne wart/Sncnd Phone 1 }iweeMld 4a:ome Reference Number: 4428231173701878 Box : 3450 Year : 96 Batch 17 SSN 161-34-1671 Account # 4428-2311-7370-1878 No Annual Fee $20,000 Credit Line Lowest Rates Starting at 0% SAVINOS ?atary ?rw15At. R nwmn ata:ur sadw Via PMIdMt Credit Protection Plan (Optional) YES, !would Like to help protect my VISA Cold ecrount and credit mting with the optional Credit Protection Flan daunted on the enclosed flyer. YES {WtW hnemnwolq 737-05631-4667-9 UvI'm 0 X? ainiguel.ar.e '*PROVIDIAN Financial Prmrdian National Bank VISAO or IllasterCard® Account Account Agreement for Donna R Gueduall March 27, 1998 Please rmrew, this document and keep it with your other important papers This Account Agmement mntams The terms which govern your pwwden Nahdnal Bank VISA of MesteCard Account (the 'Acpounl'). The Account allows you to make purchases by using your VISA or MasterCard card (the 'Card') wherever 11 a honored and to gPl cash advances from us a any other participating financial institution and from Automated Teller Machines Convemenc l checks may also be crovided to you as an additional way to use the Account In the Agreement. 'you' and your mean each person for whom we have opened a credit card Account 'We, "our,"outs.' and *us' mean Providlan National Bank or Its assignees, as listed an your billing statement The Account may be used only for personal, family, household, and charitable purposes. and nor for any business or commercial purpose Any use of Thus Account shall construct acoeplenco of the terms of the Agreement. You no" agree as follows Payments, You will receive a monthly statement showing your outstanding balance Payment on Ifs Accounl is required in U S. dollars (checks must be payable at a U.S office of the conk the check is own on) for at least the payment due as shown on your statement by 'he payment due date 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. 2.0% of the new balance shown on your slatement plus the amount of any post due ournem, plus the amount by whicn the new balance exceeds your credit line However, the payment due will hat be less than $15 (unless your new balance is less than S15, in which case the payment dud will be the amount of the new balance) if your Account is past due or above the credit line, we may requrre a higher minimum payment, but we will notify you before doing so if your payment is more than the payment due, it Will be soared as a single payment and none of it will belied to future payments due We may accept late or partial payments, or payments marxed'paid in lull' or marked with other restrictions, without losing our night to calact adamants awing under this Agreement. Credit Review: Special Requirement In order to keep your Account in good standing, you agree not to sigmficany mcferem the amount of our total debt on unsecured revolving accounts We will review your Account and credit profile =snarly to evaluate the amount you owe relative to the amount of your then current income. (VJe consider an mcrease in debt of more than $2,000 to be significant, unless you have sufficient income.) It we determine that your Account is not in goal manang, your Annual Percentage Raley (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 Aymoment. finance charges begin to accme on a debit when it is included in one of your daily balances and continue until that balance rs reduced by a payment or credit. Your account has I Kee balances: the Pureness 8 gin, which wrests of purchases you make thin your Card and fees fa certain optional services; the Cusom Cash Advance Balance, which consists of unsecured credit card balances that you transfer to your Account using balance transfer checks and balances that we transfer for yyou; and the ash Adva nce which consists of all other each advances Any payment amount we receive that exceeds the finance charges and fees than due will oratmeny be applied first to the Balance with the lowest A R. until that Balance is zero, and then to the Balance with the next lowest APR, unit that Balance s zero, and than to any remaining Balance . a 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 the date received, and by credits (except for reversals of late, war-limit, and miscellaneous charges) as of the date posted. Purchases are mcluded in your Purchase Balance as of the date 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 dale 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 firencial ins6Mias and through Automated Tellers, as of the dale made; cash advance checks made payable to you that are identified as cashier's checks and mailed to you at your requ nt, as of seven days after !he date we print on the check; all other checks, as of the date presented to us. Other debits (except for late, ovi imit, finance, and miscellaneous emerges) are included in your Purchase, Custom Cash Advance, or Cash Advance Balance as of the dale posted Finance charges are added to your Purchase, Custom Cash Advance, and Cash Advance Balances each dap and are then posted on the last day of the billing cycle. There a no grace period for custom cash advances or other cash advances To figure the daily Bnartce charge for purchases, the daily finance charge for custom cash advances, and the daily finance charge for other cash advances, we start Will your previous day's Purchase Balance, Custom Cash Advance Balance, and Cash Advance Balance. add all debits and subtract all credits for The current day to the applicable Balance in explained in the pamgmph some) and multiply the net amount by the applicable tatty periodic rate (see following paragraphs) The finance charge for purchases is then added to and included in that days PPurchase Before, the finance charge for custom cash advances is then added to and included in that day's Custom Cash Advance Balance, and the finance charge fa other cash advances s than added to and included in that day's Cash Advance Balance , We treat a credit balance for any day as zero. We determine the finance charges on your balances fa the blling cycle adding together the finance charge for purchases for each day within the billing eyes, the finance cnarge for custom cash advances fa each day within the billing cycle, and the fmarice charge for other cash advances for each day within the billing cycle. In calculating finance charges, an adjustment will be made for any transaction or payyment that would have affected the finance charge calculated in a prior billing cycl had it been posted in that cycle. The applicable dairy periodic rate for such a transaction will be the rate in effect for the current billing cycle mher than the rata in effect on the date of the transaction. To determine the average dairy balance shown on your statement for purchases, add each days Purchase Balance Qnduding daffy finance charge) in the billing cycle and dnnde by the number of days in the billing cycle. To determine the average dally balance shown on your slalemenl for custom cash advances, add each days Custam Cash Advance Balance (including daily finance charge) in the billing cycle and drvled by the number of days in the hilhng cycle Ta determine the average dairy balance shown on your statement for cash advances, add each day's Cash Advance Balance (Indudmg daffy finance charge) in the billing cycle and divide M' the number of days in the bi ling cyc's. You can multiply each of these avers a daily balances by the number of days in the frilling cycle and by the apphcahis dally rrioNc rate to obtain subtotals. and then add the three subtotals together to determine the total amount of finance charges on your balances for the billing ryde. If is cash advance transaction ,se is charged, that amount s also a finance charge. _ The term 'Prime Rate' as used in this Agreement means the highest prime rate published in The Wall Sheet Journal on the first business day of the previous calendar month , Any increase or decrease in a variable Annual Percentage Rate will take effect on the first day of your billing cycle and may result in a slight increase or decrease in the amount of your minimum payment. You can arange to have a variable rate not below 5.9%) for purchases which is fewer than the lowest non-introduclory Annual Percentage Rate ('APR') you are paym on airy of your other credit ca rd accounts. This APR is avahLatle only if you provide proof, in the farm of espies of your most recent billing statements, showing your other non-introductory APRs. our new APR will take effect in the billing cycle following our review of your proof. Until your new APR takes effect, or if we w not receive proof of your lower APR, your APR for purchases Willies as follow: The ANNUAL PERCENTAGE RATE (APR) for purchases will vary and maybe adjusted each billing cycle up to 7.65%above Prime Rate, but will in no event be less than 15.90%. Using Iles formula, the APR for purchases in the March 1998 billing cycle is 16 15%, corresponding ;o a daily penodc rate of 04425%. You can arrange to have a variable APR (not below 8.9%) :hat is lower than the average non-introductory APR you have been paging on the total balances you have transferred ham other credl ofd amounts provided your other accounts were open in March 1998. In cacuating this APR we will take into account the APRs on the credit =to balances you hue harefered from other lenders. This APR s available only if you provide proof, in the form of copies of your most recent billing statements, showing your other nccn-introductory APRs, and will take effect in the billing cycle after you provide proof However, this change will not lake effect before the conclusion of the introductory period. If we do not receive such proof your APR for cstom cash advances will be as follows: The ANNUAL PERCENTAGE RATE for custom cash advances is 2190%, corresponding to a dairy penoce; rate of .076000% The ANNUAL PERCENTAGE RATE for crash advances is 21.90%, corresponding to a dally periodic rate of .06000% If you do not candy with the terns of this Agreement your ANNUAL PERCENTAGE RATE for purchases will be 23.30%, corresponding to a daily periodic rate of 06384%; and the APR for rash advances and custom cash advances will be 23.30%, corresponding to a daily periodic rate of 06384%. We reserve the right to change the Annual Percentage Rate simulators it you do nol comply with the terms of this Agreement. Your Account may oe eligible for the lower regular APRs after you have met the terms of this Agreement for three months. If you contact us we will ruiew your Amount 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 cnarge, and there is no period in which such purchases may be repaid without incumng a firharce charge. Fees. We will charge your Amount up to $24 for each Card you ask us to replace, each relumed payment check; each check you write on your Account that we return unpaid each step payment order or mnewat of such an order: each billing cycle within which your Amount is munquent (Late cnarge); and each billing cyc!e within which your balance exceeds you credit line. even ,(your Acwwl s closed. If you request conies of billing statements that were first sent to you more than three months earlier, we may charge a handling fee of $2 for each such copy. A cosh advance fee of ii (minimum S5) maybe cnarged 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 undue f you do not comply with any part of this Agreement: upon your death, bankruptcy, or insolvency ; d 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 cr perform your obngasons under this Agreement type are in default we may, without further demand or notice, cancel your credit privileges, declare your Account balance immedtatey, due and payabe, and use any remedy we may have. In he even) of your default, the outstanding balance on your Account snall continue to accrue interest at the APR(s) drsclosea m the Finance Charges semwn of this Agreement, even it we hue filed sort 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 cecrease your credit fine based on information we obtained from you or your cleat records. Your available credit is normally the difference between your credit line and your Accoun: balance (ndudmg transactions made or authorized but not yet pasted). If you send us a large payment check, we may iimd your available credit while we confirm that the check wi l clear For certain transactions, available credit may pe less. You will not use your Amount for, and we may refuse to honor, any transaction which would cause you to exceed your available credit. Z61 I _.. Promise to Pay. You promise to pay us when due all amounts burrowed when you or someone else use yourAccount (oven if the amount charged exceeds your permission), alrather atraornensactions and lees and arg I to your Account. and Collection casts we mcur maul c., nor horned to, ?easaneole attorney s lees and court costs (If you win the suit, we will pay your'eASdnable Changes. After we prance you any nonce real by law we may change any part of this Agreement and nod or remove requirements If a change is made to the Finance Charges section of ;his Agreement. the new Finance criarge calculation will apply to your arimd Account balance from the effective date of the change Changes will apply to pollutions that ,nclyde items posted lo 'your Account before the dale of the cone, and will apply Whether or not you continue to use the Acccunl. Foreign Eachange/Currincy Conversion. If you use your Card for transactions in a currency other than U S dollars the Vansaclrons will be convened to U S. dollars, generally using ealhera (I) gayeRlm801•maedated rate or (II) wholesale market rate in effect the way Delete the harisaclion proceeelig care increased by one percent (1%) If a Credit is subsequently given to a transal it will be decreased by we percent (1%) ;f the credit has a different prCoCOmn Cate ;hen the exchange rate of the credal can be greaterAess than that of the onginal transaction The currency cotrversan rare on the (ley before The transaction processing date may d(fa ?ram the rate in effect at the time or the hansactaan or do the date the transaction to posted on your Account. You agree to accept the converted amount in U.S dollar.. The Card; Cancellation. You may Cancel your credit prialegas at any time by notifying us in writing and destroying the Canals) Upon the Card retaliation at the end of the month shown on it, we reserve the right not to renew the Card We mey cancel the ford and your credit privileges at any time after 30 days notice to you, or without notice of permitted by taw. If your Cara is cancelled a not renewed, finance charges and other fees wall continue to be assessed payments will anhnue to oe die and all other applicable provisions of the Agreement will remain in effect. If you terminate your credit privileges, at if we cancel or co not renew the Card you may no longer write checks on your Account and you should destroy any unused checks we have issued to you. Personal Information; Documents. You will provide us at least 10 days notice if you change your name, home or mailing address, telephone numbers, employment or income. Upon Our request, you will provide us additional financial informelaon Wn reserve the nght to obtainmformalion nom athem, including credil reporting agencies, and to provide your address and informatbn about your Account toothers. Wemavalsoshare nfoimelaon with au aNl ates However yournayl to us glassy tme•nglMlnn ariot to share credit information with o affiliates Ifyou oonot fulfill your obligations under ran Agreement, a negative aedT repot that may Pulled on your crest moy be subma0ed to me aeon local agencies Customer Service; Unauthorized Use, Loss, or Theft of Checks or the Card. Each Card must be sgnedon reaipf. You are responsible for safeguarding the Card, your Personal Identification Number ('PIN', which provides access to Aulomaled Teller Machines) and any checks issued to you from her, and keeping your PIN separate from your Card. Ifyyou discover a suspect flat your Card, PIN, a arcy unused checks are lost or stolen, or trial (here may be an unaulhanzed transaction on your Accaunl, you will promptly notify us by calling bSWg01TYY1. so we can immetiatery act to lamil losses and Isb;liry, you will prone us even (hough you may also notify us an wnhng Your liability far unauthorized use occurring before you notify us is limited to 550. II you repot or vre suspect unauthanzed use of your ACoOUnt we may suspend your credo prrvaleges until we resolve the problem to our satisfaction or issue you a new Card. If your Card is loss a slden, you will promptty destroy all checks m your possessmn To Improve customer service and sccunry, you agree (het your Its may be monitored or recorded. fslerchant Relations. We xdl riot be liable d any person or Automated Teller Machine refuses m honor the Card or accept your checks, or falls to return the Card to you. We have no tNrd rneialVerMorsWe aresrwt ?es purchased wain ma Card or checks except as required by law. (See Speael Rule below.) Certain benefits that are available with theAccount are provided by parry esponsible fa the quality, availabdiry, or results Cf any of the sennces you choose to use. Slap Pryment Orden, If you wish to slop payment an a check, you may send us a slop payment Cider 6y venting to us at our adaess for customer service listed on your statement. Youcan make a stop payment order orally by calling the number (sled on your statement. When you make a step payment order, you mine provide your Account number and specific information about the chalk: the exact amount, the date an the check, the name of the parry to wham It was payable, the name of the person who signed II, and the check number. You will be asked to confirm an oral stop payment order in vetting. We m our o de oat r e e a s •x er c hrmatio wi n o w ks her the oral order, or if we have not received an adequate desaptipn of the item so mat payment Can be stopped. The order veer 1 not be effective if the check was paid by us be ore we he a reasonable opportunity to act an the order. We may, wIthoul liability, disregarda wnhen stop payment order six months after receipt unless it is renewed in wnhng. Standard of Care. Because this Account involves both credit card and check transactions which are processed through separate national systems before the transactions are Consolidated by us, and because not every check and Card sip will be sent to us, transactions in your Amount will be processed mechanically withal our necessarily reviewing every item. Our processing system will call our attention to certain items which we will examine. We will examine all transactions when you report that your Card a checks have been lost at stolen. We do not intend ordman y to examine all items, and we will not be negligent if we der 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 slips WWII be returned to you with the monthly statement, you should be Careful to enter all checks in your check register or otherwise keep a record of them. You should also save your Credit card Cash advance and purchase steps, You agree To check your monthly statements dean nsliver record aid to refill us arimedil of any unauthanzed transactions or ardrs Waiver of Certain Rights. We may delay or wane enforcement of any provision of this Agreement without losing our right to enface it or any other provision later. Youwaive: the right to presentment, demand, protest, a notice of dshonor, 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; Severabflfty; Assignment No matter where you live, this Aggreerna l and your Account are governed by federal law and by New Hampshire law. This Agreement is a final expression of the agreement between rdyerou and us and may odifi not be contradicted by evidence of arty alleged or agreement. If arty prounion of this Agreement is held to be Invalid or unenforceable, you aid we will cons That prwsion med to conform to apphcabto Taw, and the real of the provisions ui the Agreement will still be enforceable. At arty lime ocher we determine in good faits (hat any proposed or enacted legslation, regulala" action, or ludcial decision has rendered or may render arty material provisions of Ins Agreement invalid a unenfoteable, or impae am/ anaeesed tax, reporting requirement, or other burden ta connection with any such prwis'on or its enforcement, we may, after at least 30 days ostler to you, err without notce of permattetl by law, cancel the Card and your Credit Pi legea We may (soaker on assgn our tight to all or some of your payments. If state law regsres that you receive natica of tary such an dvenl to protect the purchaser or assignee, we may give you such notice by filing is finanper statement wits the state's Sepi of State Notleea. a or notices to you shall be effective when deported in the mall addressed to you al the address shown on our records, unless a bilges notice period is specified in leis Agreement a by law, which pentad shall start upon mailing. Notice to us shelf be mailed to our address for customs r service an your statement (or other addresses we may spedfy) and shall be effective when we receive it. YOUR BILLING RIGHTS- KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your nghls and our responsibilities under the Fair Credit Bitting Act, Notify Us In Case of Errors or Guesrrorrs About Your Bill. If you think your bill is wrong, or of you need more Information about any transaction an dour bill, write us, on a separate sheet, at our address fa customer service listed an your bill. Ante to us as soon as possible. We must hear from you no later than 60 days after we sent you the fist bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your nghts. In your letter, give to the following information. - Your name and Amount number. - The dollar amount of the suspected error. - Describe the ena and explain, if you can why you believe :here is an error. If you need more information, describe the item you are not sure about. YourRlghts and Our Resporsfbllifies After We Receive Your WrI tes Noflce. We must acknowledge year lefter within 30 days. unless we have coffected the error by then. Within B0 days, we must either correct the offer or explain why we believe the bill was Correct. Affair 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 qquuestion, including finance charges, and we Can apply any unpaid amount against your credit line. You do not have to pay any questioned amount whale we are prvestigating, but you are sell abt"galed to pay the pars of your bill that are not in crueshon. 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 massed payments on the questioned amount. In either Case, we will send you a statement of the amount you owe and the date Ihal 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 satisfy you and you write to us within IC 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 left 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 us. If we don't follow these rates, we can't collect the first $50 of the questioned amount, even if your ball was correct. Spedal 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 coed in good faith to coffee the r rem with The merchant, you may not have to pa the remaining amount cue on the goods or services. There are two limitations on this right: (a) you must have made the purchase in your me state, or of not within your home state, within 100 miles of your Cement mailing address, and (b) the purchase once must have been more than $50. Theselimitafions do not apply dwe awn a operate the merchant, or it we mailed you the advemsement for the property or services. VERIFICATION JAMIE G. SHEREMETA I, 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 IS Pa.C.S. 4904, relating to unswom falsification to authorities. Date Affiant - jE G. SHAEMETA Title - esignated Agent Address -P.O. Box 9053 Pleasanton, CA. 94566 t?' ?. nr" SHERIFF'S RETURN - REGULAR CASE NO: 1999-04875 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS. GUTSHALL DONNA R BRIAN BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon GUTSHALL DONNA R the defendant, at 13:32 HOURS, on the 16th day of August 1999 at 107 CARLISLE ROAD NEWVILLE, PA 17241 CUMBERLAND County, Pennsylvania, by handing to DONNA R. GUTSHALL a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 So answers- Service 6.82 Affidavit .00 ? Surcharge 8.00 R-I omaif?fCs i1-ne; Sh eriff- 20APPLE & 8/17/1999PLE by ?? -Xx t 4e?5 epu y e i Sworn and subscribed to before me this /jW day of QIP',' 19 9001 A.D. 1_a- 0 onoo ono ryy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. 1999-04875 IN CIVIL ACTION -vs- Plaintiff(s) DONNA R. GUTSHALL PRAECIPE TO SETTLE AND DISCONTINUE Defendant(s) 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 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 -Vs- Plaintiff(s) DONNA R. GUTSHALL Defendant(s) TO THE PROTHONOTARY SIR: NO. 1869-04875 IN CIVIL ACTION Kindly Settle and discontinue the above-captioned matter upon the records of the Court. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF &I tiw IAA U -IVV APPLE AND APPLE, P.C. By: At orneys for Plaintiff(s) NeYARY PUBLIe vv Notarial Seal r '^ary Beth Vandetgrall, Notary Pubin: °iltsburgh, Allegheny Couror ':mmission Expires July rt ? +T._. ?ennsylyanla Associahor ci:,,1?7-. 1 'r'. r;. C? V Y ?' C.,! ?, ? C ?l: ?t C? t: it-', ;ems ': (-i C'1 W_ (. ? L