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HomeMy WebLinkAbout99-04956r ?} ?$P N i I?g l °I z a P at VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 OFF: 121C S. 2nd Street Lemoyne, PA 17043-1314 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS Todd 0. Krill Defendant ? NO. 99-9956 PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS $5,826.78 $1,165.00 $271.83 ($0.00) ($0.00) TOTAL $7,263.61 PLUS ADDITIONAL COSTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". VALER ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, Judgment is entered in favor of the Plaintiff d ?ga`inst the Defendant by Default for want of an Answer and damages assessed in the sum of $7,345.65 as set forth in the above certification. 0, J 4 P HONOTARY PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 34 8-52 00 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 121C S. 2nd Street Lemoyne, PA 17043-1314 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS Todd 0. Krill Defendant I NO. 99-4956 VERIFICATION OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS VALERIE ROSENBLUTH PARK, Esquire, being duly sworn according to law, deposes and says that she will make this affidavit on behalf of the within Plaintiff, being authorized to do so, and that she believes and therefore avers, that Todd 0. Krill, Defendant is over 21 years of age; that his/her place of residence/business is located at 121C S. 2nd Street Lemoyne, PA 17043-1314 and that he/she is employed and that he/she is not in the Military or Naval Service of the United States or its Allies or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendments. PARK LAW ASSOCIATES, P.C. BY: Val rie enbluth Park Attorney for Plaintiff El0 VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS Todd O. Krill I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 121C S. 2nd Street Lemoyne, PA 17043-1314 NO. 99-4956 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: [X] Judgment [ ] Money Jul [ ] Judgment [ ] Judgment [ ] Judgment ( ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Praecipe by 9gm' in in on on on on on on to Default 2nt Replevin Possession Award of Arbitration Verdict Court Findings District Justice Transcripts Judgment Note Writ of Revival Reassess Damages IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number: (215) 348-5200. P THONOTARY: ., PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. 472094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF PROVIDIAN NATIONAL BANK Plaintiff VS. TODD 0. KRILL Defendant : CUMBERLAND COUNTY : COURT OF COMMON PLEAS NO. 99-4956 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: TODD 0. KRILL 121 C S. 2nd Street Lemoyne, PA 17043-1314 DATE OF NOTICE:9/21/99 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 3-7013 (717)249-3166 PARK LAW ASSOCIATES, P.C. BY: Z- VAL7RIE O LUTH PARK, ESQUIRE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1 M77 r lL? U r> Z G [T CJ 1n V ? -J 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 TODD 0. KRILL 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, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF PROVIDIAN NATIONAL BANK 295 Main Street Tilton NH 03276 Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS VS TODD 0. KRILL 121C S. 2nd Street Lemoyne, PA 17043-1314 Defendant : No. 99- `l9sG n;'a ?w C I V I L A C T I O N COUNT I 1. PROVIDIAN NATIONAL BANK, a national banking association domiciled at 295 Main Street, Tilton, New Hampshire 03276, and existing under the laws of the United States of America, is the owner of a credit account opened at the request of the Defendant. 2. The Defendant is Todd 0. Krill, an individual who resides at 121C S. 2nd Street, Lemoyne, PA 17043-1314. 3. The Defendant is indebted to Plaintiff on the credit account by virtue of charges or cash advances incurred by the Defendant or authorized by the Defendant on a credit card or line of credit owned by the Plaintiff bearing account number 4428000573118722. 4. The terms of said account are stated in the documentation attached hereto as Exhibit "A." 5. 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. 6. The Defendant is indebted to the Plaintiff in the amount of $5,826.78 as of 01-07-99, plus pre-judgment contractual interest at the rate of 19.80W per annum, less payments made to date in the amount of $.00. 7. In accordance with the documentation attached as Exhibit ,A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $1,165.36. COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 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 repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, Providian National Bank, and against the Defendant in the amount of $5,826.78, plus pre-judgment interest at the contractual rate of 19.80% per annum from 01-07-99 until the date of the judgment herein, less payments made in the amount of $.00, plus reasonable attorneys fees in the amount of $1,165.36, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALE E O BLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CONDIONWEALTH OF PEMISYLV.ANIA: COUNTY OF IBLLC. -S Valerie Roseabluth Park, Esquire, being duly sworn according to law, deposes and says that she is the attorney at law for the Plaintiff, PROVIDIAN NATIONAL BANK; ( ) That the party lacks sufficient knowledge or information to take a verification; ( X ) Outside the jurisdiction of the Court and that the parties, verification cannot be obtained within the time allowed for filing of the foregoing; That I am authorized to take this verification; that the facts contained in the foregoing matter are true and correct to my information and belief; and That the source of my information or facts of documents are provided by my client. That false statements made herein are subject to the penalties of 18 PA.C.S. Section 4904, relating to unsworn falsification to authorities. VALERIE SEN3iUTFi P.aRK, ESQUIRE B? u 9 - E qb r ' v •? y 3 c O N y yo$ g; ?_ ? rn 4 N I+oJ ? .a 6 ? ., p, p V & o O o = ? S? ? O ° foi ? s a e B o Z o e o l ? . v g H ? ?9F 9 ? q C C o y 3 G D g 43 N C v i„1 a E Q vi a >. V M r 3 B E o ? C1 ? ' I m /? m o m e ? z o w ?` 6 "o CJ O N ' C; go d >. z o "o. (?+ ti a = N W C'G ? J? s 43 r I x ct° s 8 MIf 9 l l !i,r- PROV 1 DIAN Finem ill Provident Nalional Bank VISAO or MasterCeird4g Account Account Agreement for Todd O Krill February 4 1999 Please review this document and keep it with your other important papers This Account Aggreement contains he terms wbiCh govern your Providian Nalional Bank VISA or MasterCard Account Ilhe'Accouri The Account allows you to make purchases by using your VISA of frlaslerCard card (the 'Card') wherever its nCnorec and to get cash advances from us or any other participating ((manual mshtution and from Automated Teller Machines Convenience checks may also be provided to you as an additional way louse the Account In this Agreement.'you' and *your* mean each person for whom we have opened a credit card Account 'We 'our' ours' and 'us' mean Provision National Bank or its assignees as listed on your culling statement The Account maybe used only for personal, family . household, and charitable purposes. and not for any business or commercial purpose Any use oft" Account shall constitute acceptance of the terms of this Agreement. You and we agree as follows Payments. You will receive a momNy statement showing your outstanding balance Payment on this Account is required in U S will (checks must be payable at a U S office of the bank the check is drawn on) for al least the payment due as shown on your statement by the payment due late in accordance with payment mstmchons 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 acccunl you have will, us or our affiliates The payment due will 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 your crest line However the payment due will not be less than S15 (unless your new balance is less than $15, in which case the payment due will be the amount of the new balance) If your Account er past due or above the credit line. we may require a higher minimum payment, but we will nouly you before doing so It your payment is more than the payment due it will be l eealedss 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 m good standing, you agree not to significantly increase the amount of your Iota) 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 hen current income (We consider an increase in debt of more than S2,000 lobe siggnificant, unless you have sufficient income) If 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. Exc?I 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 belances and continue until that ba ante 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 far certain Colonel 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 Ash Advance Balance 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 firsl to the Balance with the lowest Annual Percentage Rate (APR), until that 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 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, overatmil , and miscellaneous charges) as of the date posted Purchases aremcluded in your Purchase Balance as of the date made. Cuslorn cash advances are included in your Custom Cash Advance Balance as follows funds eleachorecaly transmitted to other lenders to transfer balances. as of the date transmitted, checks to transfer balances as of the date 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 date made, Cash advance checks made payable to you that are identified as cashiers 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, overrfimtl finance, and miscellaneous charges( 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 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 daily finance charge for each type of Balance. we start with your previous day's Balance, add all debits and subtract all crecirs for the current day and multiply the net amount by the applicable dairy penodic rate (see following paragraphs). The finance charge for each We 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 for each type of Balance for each day within the billing cycle In calculating 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 tale in effect for the current billing cycle rather than the rate in effect on the date 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 The ANNUAL PERCENTAGE RATE (APR) for purchases is 19 B%, corresponding to a daily periodic rate of 0 05425% The ANNUAL PERCENTAGE RATE for custom cash advances is 23 9°k, corresponding to a daily periodic rate of 0 06548% The ANNUAL PERCENTAGE RATE for cash advances is 23 9°h, corresponding to a daily periodic rate of 0 06548% If you do not comply with the terms of this Agreement your ANNUAL PERCENTAGE RATE for purchases will be 23 9%. corresponding to a daily periodic rate of 006548%, and the APR for cash advances and custom cash advances will be 25 9%, corresponding to a daily periodic rate of 007096% Your Account may be eligible for the lower regular APRs after you have met the terms of his Agreement for three months If you contact us we will review your Account to determine your eligibility for the lower APR 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 529 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 wilmn 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 $2 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. if any information you provided us proves to be incomplete or untrue. if you do not comply with any part of his Agreement. upon your death, bankruptcy, or insolvency,ifyou do not pay other debts when due, if a bankruptcy petition is AledYy 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 our credo milres, declare our Account balance immediate) due and payable and use a rem we may have In the event of your default, the outstanding balance an your Account shall continue to accrue interest at the APR(s) disclosed in the Finance Charges section of this Agreement, even if 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 Itmit your available credit while we confirm that he 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 borrowed when you or someone else use your Account (even if he amount charged exceeds your permission), all other transactions and charges to your Account, 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 attorneys fees and Court costs ) Changes. After 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 your this Agreement Ue new finance charge calculation will apply to your ensue Account balance from the effective date of the change Changes will apply to balances that include items posted I ACCOUnI before the dale of the change, and will apply whether or not you continue to use the Account Foreign ExchangelCurrency Conversion. If you use your Card for transactions in a currency other than U S dollars the transactions will be converted to U 5 dollars, generally using either a (t) gouernmZIrhandated rate or (u) wholesale market rate in effect the day before The transaction processing dale increased by five percent (5%) It a credit is subsequently given for a transaction, it may differ from the te then the rate effect at the lime of the tan atlon a on the date the than Ira satct of e on sopos ed on y transactAccouion CYounty colnvveerssio rrate eon the the same day before percentage trransaction processing a date different agree to accept the converted amount in U S dollars The Card; Cancellation. You may cancel your credit privil eges at any time by notifying us in writing and destroying the Card(s) Upon the Card expiration at the end of the month shown on d, we reserve the right not to renew he Card We may cancel Ine Card and your credit pmnleges at any time after 30 days nonce to you or wuhow notice if permitted by law if your Card is cancelled or not renewed, finance charges and other fees will continue to be assessed, payments will continue to be due and all other acrihcace provisions of his 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 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 (Continued on reverse) (5846-0698) 4428000573118722 0184 ,request. you will provide us additional financial information Nye reserve the right to obtain information from others . Including credit reporting agencies. and to provide your address and mformalion about your Account 10 Olbefs We In3V dlsg Shale In101md119n Wnh our amllales However. you may wore IO us at any Ilme n51NGling u5 00110 Shale CIMII information with our af( al s If you do not fulfill your obligations under IIrs Agreemenl, a cegelwe credit repotl Thal may collect an your credit may be submitted 10 the r.recur reconi ng agencies Customer Service: 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 Teller Machines) and any checks issued to you from theft. and keeping your PIN separate from your Card II you discover or suspect that your Card. PIN, or any unused :necks are lost or stolen, or that mere may be an unauthorized transaction on your Account you will promptly notify us by calling 1.900.933.7221 So we can immediately act to limit iosses and IIaDNry, you will phone us even though you may also notify us in writing Your liability for unauthorized use occurring before you notify us is Iuntled to S50 II you report or we susped unauthorized use of your Account we may suspend your ere at privileges until 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 secunry. 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. of fads to return the Card 10 you We have no responsibility for goods and services purchased with the Card or checks except as required bylaw (See Special Rule below I Certain benefits mat are available with the Account are provided by third parry vendors We are not responsible for the quality, availability, or results of any of the services you choose to use Slop Payment Orders. If you wish Ili slop payment on a check, you may send us a stop 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 slatemenl When you make a stop payment order, you must provide your Account number and specfic information about the check the exact amount the date on the check, the name of the party 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 drsrecartl your oral order Ii we do not receive a sgned wntren cOnArmat on win n nvo weeks after the oral order, or if we have not received an adequate description of the item so trial payment can be stopped The order 7111 not be effective it Ina :neck was paid by us be ore we had a reasonable opportunity to act on the order We may. without lability, disregard a written stop paymentorder six months after receipt unless it is renewed in writing 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 slip will be sent to us, transactions in your Account will be processed mechanically without our necessarily reviewing every item Ourprocessing system will call our attention to certain items which we will examine We will examine an transactions when you report that your Card or checks have been fast 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 administering your Account Because of Our limited review, and because neither your cancelled checks nor Card transaction slip- will 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 slips You agree to check your monthly statements ado nsl your recoil and to notify us immediately of any unauthonzed transactions or errors Waiver of Certain Rights. We may delay or waive 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 imitations. and any right you may have to require us to proceed against anyone before we rte suit against you Applicable Law; Severabllity; Assignment. No matter where you live, this Agreement 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 by evidence o any alleged oral agreement If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider that proviso modified to conform to applicable law. and the rest of the provisions in the Agreement will still be enforceable At any time all we determine in good faith that any proposed or enacted fegislallon, 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 requirement, or other burden in connection with any such provision or its enforcement, we may, after at leas 130 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 stale law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the stales Secretary of Slate Notices. Other notices to you shall be effective when deposited in the mall addressed topyou at the address shown on our records, unless a longer notice period is specified in this Aggreemenl or by law, which period 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 eZin ewhen we recerve d. 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 Case of Errors or Questions About Your Bill. If you think your bit is wrong, or if you need more information about any transaction on list bill, write us, on a separate sheel. at our address for customer service listed on your bill Wnle 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. Within SO days, we must either correct the error or explain why we believe the bill was correct Aller we receive your teller, 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 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 dale that ills due If you fall 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 10 pay, we must tell anyone we report you to that you question your bill And, we must felt 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 d finally 1s If we don't follow these rules, we can't collect the first S50 of the questioned amount even 1f 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 credo 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 two limitations on this right (a) you must have made the purchase in your home slate, or if not within your home stale, within 00miles of your current mailing address, and (b) the purchase price must have been more than $50. These limitations do not apply 1f weown or operate the merchant, or if we mailed you the advertisement for the property orservices y _ N CV U Yn - ? h Q ?v ?j rJ VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72099 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215 398-5200 ATTORNEY FOR PLAINTIFF PROVIDIAN NATIONAL BANK VS. TODD 0. KRILL Plaintiff Defendant : CUMBERLAND COUNTY : COURT OF COMMON PLEAS NO. 99-9956 CIVIL PRAECIPE TO ATTACH TO THE PROTHONOTARY: Kindly attach the enclosed verification to the Plaintiff's Civil Action. PARK LAW ASSOCIATES, P.C. BY: VALE IE R NBLUTH PARK, ESQUIRE FROM : MANTZ 8 ASSOC. TEL: 215 348 4015 FEB.25.1999 4:27 PM P16 STATE OF CALIFORNIA COUNTY Or ALAMBDA DARLAANTONE ;,fates that she/he is the Designated Agent of providian National Dank and is authorized to take this affidavit. on its beha3.i and that the facts set forth in the foregoing complaint are true and correct to the best of her/his information, knowledge and be] i.ef.; that there is now due and owing from Todd O. Krill the gum of $5,618.00 Plus interest- and attorney fees; and that there are no deductions or offsets of any kind, except as are therein syec:ified and credited in the complaint. She/He further understands that false statements made herein are subject to the penalt.iee of 7.8 Pa.c.s. Section 4904, relating to unsworn falsification to authorities. " Ussignated Agent 4428000573118722 Al S NW, SHERIFF'S RETURN - REGULAR CASE NO: 1999-04956 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS. KRILL TODD 0 HAROLD WEARY Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon KRILL TODD 0 the defendant, at 19:50 HOURS, on the 30th day of August 1999 at 121C SOUTH 2ND STREET LEMOYNE, PA 17043-1314 CUMBERLAND County, Pennsylvania, by handing to TODD 0. KRILL 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: So Docketing 18.00 Service 10.54 e Affidavit .00 Surcharge 8.00 omas ine, eri $.3b. b1PARKIA9W9AASSOCIATES 01/1 by eeY .-, epu y eri Sworn and subscribed to before me this 14.4- day of 19-'2_ A.D. rotnonotary- 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 Plaintiff VS. TODD O. KRILL Defendant : CUMBERLAND COUNTY : COURT OF COMMON PLEAS NO. 99-4956 STIPULATION TO STRIKE JUDGMENT It is hereby Stipulated between the parties hereto, and their counsel, to strike the Judgment entered in the above matter on October 14, 1999. Defendant, Todd 0. Krill, filed a Chapter 7 bankruptcy in the United States District Court for the Middle of Pennsylvania as of 1-99-04188 on October 4, 1999. PARK LAW ASSOCIATES, P, C. BY• VAL E BLUTH PARK, ESQUIRE Attorney for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FL ?; G Lr, C U "r V