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HomeMy WebLinkAbout99-05918 nj . :Si rn e" x: Aar a. Y r: r 2 =; 5Y., T9 T pt yu y ve' .sl. w e J q ? . u rr l , G,n.,.. to ?;k7 `„ W 4 T ,, s ' y P VALERIE ROSENSLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF PROVIDIAN NATIONAL BANK COUNTY CUMBERLAND Plaintiff vs. TIMOTHY M. ZEIGLER Defendant 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717)240-6200 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, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBEPLAND COUNTY COURT OF COt+WN PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS TIMOTHY M. ZEIGLER 333 TREE LANE ASPERS, PA 17304 DEFENDANT '• NO. 1. PROVIDIAN NATIONAL BANK, an organization domiciled at 295 MAIN STREET, TILTON, NH 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 TIMOTHY M. ZEIGLER, an individual who resides at 333 TREE LANE, ASPERS, PA 17304. 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 4428001073500161. 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 $690.03 as of 09/08/1999, plus pre-judgment contractual interest at the rate of 128 per annum, less payments made. 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 $128.00. 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 $640.03, plus pre-judgment interest at the contractual rate of 128 per annum from 09/08/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $128.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. 1 BY: VAL E R NBLUTH 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. r `.n S? COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS Valerie Rosenbluth Park, Esquire, being duly sworn according to law, deposes and says that she is the attorney at law for Park Law Associates, P.C.; ( ) That the party lacks sufficient knowledge or information to take a verification; Jam) Outside the jurisdiction of the Court and that the parties verification can not 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. VALERIE ROSENBLUTH PARK, ESQUIRE 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 custornized VISA' Gold account! I have read the terms on the, back of the brochure. I agree to be bound by the Account Agreement (which will be nulled to me before my VISA card Is issued) and to repay principal. interest, and interest thereon, except that I will have no obligation it I rerun the card(s) and checks unused and cancel my account after reviewing the Account Agreement ?. Timothy M. Zeigler 6 1 3 4 4 8 3 7 98 Richland Lane Apt. 108 Camp Hill, PA 17011-2446 InJILnIILtrnJlntllnLlJnldnlJlnllntldtnlJJ 2735N2 IC325 GY213 PLDK MHLR ODHD TECD AEHC 15- 735-04645-8697-5 as ae, arraea This invitationexpires: May 13, 1996 Signature .,eferable) t 4 I - C q - LL s a? Sxul gn'urily Number 1112) X31-1a'1S1 ( Iii) inn Gi?cl Home Phone work/Second Phone M OO O.. Annual Hou,Mold Inmma Reference Number: 4428001073500161 Box 3410 Year 96 Batch 26 SSN 181-54-4597 Account # 4428-0010-7350-0161 No Annual Fee $20,000 Credit Line Lowest Rates Starting at 0% GUARANTEED SAVINGS ?±?pl Ajr ' I?r o? aaM? s R. Thou Mazur Serdor Vicep=dent Credit Protection Plan (Optional) YES, I would like to help protect my VISA Cold account and credit rating with the optional Credit Protection Plan described on the enclosed flyer. YES (initial here to avou) 735-04645-6697-5 M76 EXHIBIT smadisson.ndm. ?rl EXHIBIT • ?"PROVIDIAN ? y binun' ire/ First Oeposit National Bank VISAv Account Account Agreement for Timothy M Zeigler Your First Oeposit National Bank VISA or VISA Gold account [the 'Account*) allows you to make purchases by using your VISA card fthe'C sh advances from us or any other participating financial institulian. Convenience checks may also be provided to you as an additional way to use the Account. In n each person for whom we have opened a credit card Account. 'We,"our."'ours, and "us' mean First Deposit National Bank, or its assignees, as listed an your billing statement. i may not be eligible tar an Account if you or a meeMer of your household already have a credit account with First Deposit National Bank or Providion National Bank. The Account may be used only for personal, family, household, and charitable purposes, and not for any business or cattenercial purpose. You and we agree as follows: Payments. You will receive a monthly statement showing your outstanding balance. You will pay us in U.S. dollars (checks must be payable at a U.S. allies of the hank the check is drawn on) at least the payment due as shown on your statement by the payment due date in accordance with payment instructions on your monthly statement. You may not use your convenience checks to make payments on your Account of to make payments on any other account you have with us or our affiliates. The payment due will be: 2% of the new balance shown on your statement plus the anchor of any past due payment firs the amount by which the new balance exceeds your credit line. plus lees far certain optional services. However, the pdymem due will not be less than $15 (union your now balance is less than d15, in which can the payment due will be the amount of the new balance). We may require a higher minimum payment it your Account is past due or above the credit line, but we will notify you before doing se. If your payment is more than the payment due, it will be treated as a single payerant 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 Agreerram. in the Grace Period for s payment or credit. Your of the date posted. Purchases are includes in your r urenase hennas as i personified to other lenders to transfer balances, as of the date transmits as follows. cash advances from other financial institutions and through As payable to you that are identified as cashier's checks that we mail to yet the date presented to us. Other debits (except for late, over limit, finance, Finance charges are added to your Purchase. Custom Cash Advance, and C cash advances or other cash advances may be repaid without incurring a To figure the dailyy finance charge for purchases, the daily finance charge valence. ISnmm Cash Advance 9alance. and Cash Advance Balance, add section of this Agreement finance charges begin to accrue three daily balances: the Purchase Balance, which consists your Account using balance Iran-Ts er chits and balances I mint amount we receive that exceeds the finance charges at sh Advance Balance, and then, it the Custom Cash Advance f by payments as of the date received, and by credits (exce se date made. Custom cash advances are included in your :hecks to transfer balances as of the data presented to us. sated Tellers. as of the date made: funds electronically Irai your request, as of seven dais after the date we print on miscellaneous charges) are included in your Purchase. Custoi Advance Balances each day and are then posted an the Iasi mice charge. advances, and the daily finance charge for ract all credits for the current day to the at debit when it is included in one of your daily balances and rchoses you notice with your Card: the Custom Cash Advance ve transfer for you during the account opening precast. and is then due will first reduce the remaining Purchase Balance, ice is taro, will reduce the remaining Cash Advance Balance r reversals of late, over-limit and miscellaneous charges) u nom Cash Advance Balance as ro9ows: funds electronically a cash advances are included in your Cash Advance Balance (ad, as of the date transmitted: cash advance checks made heck: all other checks. including convenience checks, as of in Advance, or Cash Advance Balance as of the date posted. of the billing cycle. There is no period within which custom cash advances. we start with your previous day's Purchase e Balance las explained in the paragraph above) and mulbpll We treat a credit balance for any day as zero. We determne me rotor Finance cnarges rvr min uvvu, cyciv vv euu..,y ,?y??,?, ^ ^•••° • ••'v •r• v-°°°•• ... ---- -- finance charge for custom cash advances for each day within the billing cycle, and the finance 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 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 date of the transaction. The balance amounts shown an your statement may ddfez from the Purchase. Custom Cash Advance, and Cash Advance Balances used in computing finance charges, because the Purchase, Custom Cash Advance, and Cash Advance Balances do not include any late, overlkrit or rriscellaneous charges which are included in the balances shown on your statement. The term 'Prima Rate' as used in this Agreement means the highest prime rate published in The We# Street Journal on the first business day of the previous calendar month. Any increase or decrease in the APO 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 mnmam payment. We reserve the right to change the annual percentage rate calculations it you do not comply with this agreement. The ANNUAL PERCENTAGE RATE ("APR") for purchases is 0% for the first three monthly billing cycles that Your Account is open. This corresponds to a daily periodic rate of 0%. After the introductory period, your APR for purchases will be determined as follows: You can arrange to have a variable APR which is lower than the lowest non introductory APR you are paying an any of your other credit card accounts. This APR is available only it you provide proof, in the form Of coPFM of your most recent billing statecraft, showing your other non-introductory APR. Your new APR will take effect at the beginning of the billing cycle following our review of your proof. (However, this change will not take effect before the conclusion of the three billing cycle introductory period.) It we do not receive such proof, your APR for purchases will be as follows: Your APR far purchases will vary and may be adjIusted each billing cycle up to 7.65% above Prime Rate. Usin this farmers, the APR for purchases in the May 1996 billing cycle would have hem 15.90%, corresponding to a daily periodic rate of U.0A356%, and your APR for purchases will not go below 15.9 %. The ANNUAL PERCENTAGE RATE for custom cash advances is 0% for the first three monthly billing cycles that your Account is open. This corresponds to a daily periodic rate of 0%. After the introductory period, your APR for custom cash advances will be determined as follows: You can arrange to have a variable APR which is lower than the average non-introductory APR an the total balances you have transferred from other credit card accounts, provided your other accounts were open at the time you opened this Account. This APR is available only if you provide proof, in the form of copies of your most recent billing statements, showing the non introductory APRs for all the balances you have transferred. Your new APR will take effect at the beginning of the billing cycle following our review of your proof. (However, this change will not take effect before the conclusion of the three billing cycle introductory period.) If we do not receive such proof, your APR for custom cash advances will be as follows: Using this formula, the APR for custom cash advances in the May 1996 billing cycle would have been 21.90%, corresponding to a daily periodic rate of 0.06000%, and your APR for custom cash advances will not go below 21.90%. The ANNUAL PERCENTAGE RATE for cash advances is 21.90%. corresponding to a daily periodic rate at 0.06000%. To determines the average daily balance shown on your statement for purchases, add each day's Purchase Balance (including daily finance charge) in the billing cycle and divide by the number of days to the billing cycle. To determine the average daily balance shown on your statement for custom cash advances, add each day's Custom Cash Advance Balance lencludeng daily finance charge) in the billing cycle and divide by the number of days in the belling cycle. To determine the average daily balance shown an your statement for cash advances, add each day's Cash Advance Balance including daily finance charge) in the billing cycle and divide by the number of days in the billing cycle. You can multiply each of these average daily balances by the number of days in the billing cycle and by the applicable daily periodic rate to obtain subtotals, and then add the three subtatals together to determine the total ancunt of your finance charges for the billing cycle. Grace Period for Purchases. New purchases posted to your Account in billing cycles when the previous balance was zero, 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 can avoid any finance charge an such new purchases it you pay the total new balance in full by the payment due date shown on ao finance echage. Thee purchases is o period in which ustom cash advances or other cash advances adfrom the date vnces may be repaid urchase without nc ornand g a there finance charge, in which such purchases may be repaid without incurring Fees. We will charge your Account up to $18 for: each Card you ask us to relace; each returned payment check; each check you write on your Account that we return unfaid; each stop payment order or renewal of such an order; each bilking cycle within which your Account is delinquent (late charge): and each billing cycle within which your balance exceeds your credit line. It you request copies of billing staterevents that were first sent to you mare than three months earlier, we may charge a handling fee of $2 for each such copy. Default You will be in default: it you were not eligible for the Account at the time it was opened; it you fail to comply with any part of this Agreement: if any information you gave us proves to he incomplete or false; upon your death, bankruptcy, or insolvency; if you fail to pay other debts when due; if a bankruptcy petition is filed by or against you; at if we believe in good faith that you may not pay or perform your obligations under this Agreement. On your default we may, without further demand or notice, cancel your credit privileges. declare your Account balance innessi el due and payable, and invoke any remedy we may have. In the event of your default, the outstanding balance on your Account shall continue to accrue interest at the APR(s) disclosed in the Finance tyhuges section of this Agreement, even of we have sued you to collect the amount you awe. Credit Line. Your credit line is specified from tine to time in a separate notice. We may increase or decrease your credit line based an inlormation we obtained from you or your credit records. Your available credit is normally the difference between your credit line and your Account balance fincluding transactions made at authorised but not yet posted). For certain cash advances, 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 it the amount charged exceeds your pernissiont, all other transactions and charges to your Account, and collection costs we incur including, but not limited to, reasonable attorney's lees and court costs. iff you win the suit, we will pay your reasonable attorneys fees and courl costs.) Changes. We may change any pan of this Agreement or add or remove requirements after notice as required bylaw. It we change the finance Charges section of this Agreement the new finance charge calculation will apply to your whole Account balance from the effective date of the change, whether or not the balance includes items pasted to your Account before the change date and whether or nor you continue to use the Account. 2561 5637 Timothy M Zeigler P15.90V ; CC21.911F 1 1121.90F Foreign Eschan gitiCi fmacy Conversion. It you use your Card for uansarians m a cenency otheringhen U.S. dollars, the transactions will be converted to U.S. dollars, generaly using elder a (1) orrnllwnamandand rate or bit wholesale market ate in effect the day before the uansection pmces dale, increased by one percent II%I. II a credit is subsequently given tar a transaction, it win Be decreased by one percent II%I. If he credit has a different Processing date, then the exchange rate of the credit can be greaterlless than that of the original transaction. The currency conversion tale on the day before the transaction processing date may differ from the rate in effect at the lime of the transaction of on the date the transaction is posted on your Account. You agree to accept the converted amount in U.S. dollars. The Card; Cancellation. You will return the Card to us at our request. The Card expires at the end of the month shown an it. We have the right not to renew the Card. At any lime Shot at least 30 days notice to you, or without notice it permitted by law, we may cancel the Card and your credit privileges. If Your Card is cancelled or not renewed, finance charges and other fees win continue to be assessed, payments will continue to he due, and all other applicable pfovisums of this Agreement will remain in effect. You may cancel your credit privileges by notifying us in wntin , returning the Cardiff to us cut in half, and paying your retire statement balance by the payment due date on the statement which includes your final purchases, cash advances, charges, and lees. your credit pnvdeges win be cancelled and no additional finance charges will be imposed. It we cancel or do not renew the Card, or if you terminate your credit privileges, you may no longer write checks on your Account, and you should destroy any unused checks we have issued to you. Personal Inform itlan; Oocuments. You wil gre us at least 10 days notice it you change your new. how, or mailing address, telephone numbers, or pt,. You will promptly give us information about your financial affairs it we ask for it. We may get such information from others. Including credit reporting agencies, and provide your address and maintain about your Account to othars We may also share such information with our affiliates. II you tail to fulfill any at your obligations under this Agreement, a negative credit report reflecting an your credit record may be submitted to credit reporting agencies. y cks ard must be access to utome edUTellerhMachme Use. t, and any chocks i sued to you from heltl. You will keep your personal identification onumberaseparate f tirom yourCars. ynyou d cover ornsunumber spect that he Card or any unused checks are last or stolen, or that that may be an unauthorized transaction on your Account, you will notify us promptly by telephoning 1.800.933.7221. You will phone, even though you may notify us in welling, so we can act fast to liml loses and liability. Your liability for unauthorized use occurring before you notify us is limited to $50. If you report or we suspect naushrizeduu of your Account, we may suspend your credit privileges until we rasalve the problem to our satisfaction or issue you a new Card. If your Card is Inst or stolen, you will promptly destroy ail checks in your possession. To improve customer service and security, you agree that your calls may be monitored or retarded. Merchant Flirtations. 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 gyoods and Srvices yu chand 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 vodors_ We are not resppnsihle for the quality, availability, or faults of any of the services you choose to use. Stop Payment Orders. If you wish to stop payment on a check, you may send us a stop payment aide, by writing to us at out addles for customer service listed an your bin. You can =its a stop payment order orally by coffin? the number listed on your statement. When you make a stop payment order, you must provide your Account number and specific intonation about the check: the exact amount, the dale on the check, the new at the party to whom it was payable, the name of the person who siAread it. and the check number. You will be asked to confirm an oral slop payment order writ our rder it not rec combi n two the have hat en het slapped by curl computer. The oralooder will nolbe effectiveeif thsigned ately described checkrwtas paid by use beforehlwe had a reasonable oppors nityrtoract an the a der e Weumay, w thout liabil tyd egard a wririt en stop payment order sic 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 Our processing system will can our attention to certain teems which we will examine. We will examine all transactions when you report that your Card or checks have been lost or stolen. We do not intend ordinarily to examine all items, and we o an. estab care which we in aith ecause out li nellhereyoIon if we do not ur canceled hacks nordCard traThis if sewilll be returned to of or youdwith the monthly slalement. fyou shouldexercise be carefuadmi tonenter nall yourhecksAcciount. yourBch ck register annit otherwise Wend bepausa of them YOU should also save your credit card cash advance and purchase slips. You agree to check your monthly statements against your record and to notify us promptly of any unauthorized ttrraansactions of effort. Waiver of Certain Bights. 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 prominent. demand, protest, or notice of dishonor; any applicable statute of limitations; and any right you may have to requite us to proceed against anyone before we sue you. L Appllcahle aw, Severabecsrf A It ssignment No maUn where you lire, tis Agreemen d t an you r A cco governe unt are d by federal law and by New Hampshire law. At any time aft, we determine in A pd faith that any proposed ar enacted legislation, ngulatary action, or judicial decision hat rendered or may render any material provision of this Agreem ent invalid or unenforceable, orimposeany increa retiuirennen6 pr other harden in connection h wit any such prpvidon ar its enfafcemenh wa may, aflef at l "at t 30 days notice to you, or without notice it prmitled by law, cancel the C sed ard taandx, y reour coteparUng n pnvdeges and declare your Acount balance immediately due and payable. If any Crovisian of Ica A tee car is IWto be invalid ar unenforceable, you and we well consider that Penn if I Oreielry it d ace pfa"tied io the Prleceding feni ce eWe may tranatr loro man will the riht to cancel the a'sign OurAraghl tonal) 0, sasma of your paymenls? II f ate lawerequireihthal you recnva r naAccount and lte al wchd an l reril to protect purchaser or assignee, we may give you such notice by filing a financing statement with the state's Secretary of Stale. t a he 'at Notion. Other notices to you shall be effective when deposited in she mail addressed to you at the address shown on our retards, unless a longer notice period is specified in this Agreement or by law, which period shall start upon mailing. Notice la us shall be mailed to our address for customer service on your statement far other addresses we may specify) and shall be effective when we receive it. Your Billing Flights - 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 II you think your bill is wrong, or if you need more information about an entry an your bill, write m, on a separate sheet, at our address for customer service listed on your bill. Write to us as man as Visible. We must hear from you no later than 60 days after we sent you the first bill an which the error or problem appeared. You can telephone us. but doing m will not preserve Your rights. your letter, give us the following: - Your name and Account nun0er. - 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 infarmation, describe the item you are not Sure about. Your Bights and Our Responsibilities After We Receive Your Written Notice. We must acknowledge your letter within 30 days, unless we have contacted 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 anYy amount you question, or report you as delinquent. We can continue to bin you for the amount you question, including finance charges. 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. It we didn't make a mistake, you may have to pal finance charges, and you will have to make up the tressed payments on the questioned amount. In either can, we will send you a statement of the amount you owe and the date that it is due. It you tail to pay the amount we think you owe, we may report you as delinquent. However, it our explanation does not satisfy you and you write to us within 10 days telling us that you still tofu" to pay, we mint tell anyone we report you to that you question your bill. And, we must tell you the name at anyone we reported you to. We must tell anyone we report you to that the mover has been settled between m when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even it your bill war correct. Special Rule for Credit Card Purchases If you have a problem with the quality of the goods or services that you purchased with our credit card and you have tried in goad faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods of services. Than are two limitations an this riyyhl: fall you must have made the purchase in your home state, or it not within your home state, within 100 miles of your current miring address and (b) the purchase price must have been more than k50. These limitation do not apply if we own of operate the merchant, or if we mailed you the advrtisemmt for the property 0( services. 5637 Timothy M Zeigler P15.90V 1 CC21.90F I C21.90F CV V w t' c, CD a.. G. v r O m +?iUJ V U ?J SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-05918 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK COUNTY VS. ZEIGLER TIMOTHY M R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: ZEIGLER TIMOTHY M but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania. to serve the within COMPLAINT On October 12th, 1999 this office was in receipt of the attached return from ADAMS County, Pennsylvania. Sheriff's Costs: So answe Docketing 18.00 Out of County 9.00 Surcharge 8.00 omas ine, eri Dep. Adams Co 19.60 SS?F -60 PARK LAW ASSOCIATES 10/12/1999 Sworn and subscribed to before me this day of 19 99 A.D. roc ono ary-'`-+? In The Court of Common Pleas of Cumberland County, Pennsylvania Providian National Bank VS. Timothy M. Zeigler No. 99-5918 Civil Now, 9 / 2 9 / 9 9 -,19 _, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to Sworn and subscribed before me this _ day of , 19 copy of the original So answers, the contents thereof. Sheriff of COSTS SERVICE _ MILEAGE AFFIDAVIT 19_, at o'clock M. served the County, PA I HEREBY CERTIFY THAT THE WITHIN IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE. VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF PROVIDIAN NATIONAL BANK COUNTY Plaintiff CUMBERLAND COURT OF COMMON PLEAS VS. TIMOTHY M. ZEIGLER Defendant NO. 77 SID 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. TRUE LOPY FROM REOORD TesUff y wherwI, 1 here UMD Id my NW COURT ADMINISTRATOR d eve of I?COWS, CUMBERLAND COUNTY COURTHOUSE 12 e4'1 CARLISLE, PA 17013 A it (717)240-6200 ATTORNEY FOR PLANTIFF/DEFENDENT AN A T PT TO COLLECT A DEBT. ANY INFORMATION OBTAINED USED THAT PURPOSE. VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS TIMOTHY M. ZEIGLER 333 TREE LANE ASPERS, PA 17304 DEFENDANT NO. 1. PROVIDIAN NATIONAL BANK, an organization domiciled at 295 MAIN STREET, TILTON, NH 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 TIMOTHY M. ZEIGLER, an individual who resides at 333 TREE LANE, ASPERS, PA 17304. 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 4428001073500161. 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 $640.03 as of 09/08/1999, plus pre-judgment contractual interest at the rate of 12% per annum, less payments made. 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 $128.00. 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 to favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $640.03, plus pre-judgment interest at the contractual rate of 12% per annum from 09/08/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $128.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH 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. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS Valerie RosenblI Park, Esquire, being duly sworn according , deposes and says that she is the attorney at law for Park to law, Law Associates, P.C.; s sufficient knowledge or information ( ) That the party lack to take a verification; P'? Outside the jurisdiction of the Court and that the parties verification can not 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. VALERIE ROSENBLUTH PARK, ESQUIRE I's Complete this short farm 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 read the terms on the back of the brochure. I agree to be bound by the Ao=nt Agreement (which will be mailed to me before my VISA card is issued) and to repay principal, interest and interest thereon, except that f will have no obGgaben if I return the card(s) and checks unused and cancel my amount after reviewing the Account Agreement Timothy H. Zeigler (11344S37 9B Richland Lane Apt. 108 Camp Hill, PA 17011-2446 111311111111111111111111 1111111114 11111181811 t 1111111(111111111 2735N2 IC325 GY213 PLDH MHLR CDHD TECD AEBC 15- 735-04645-8697-6 ee +Oe er1eta This invitation expires: May 13, 1996 ,l ?I Signature /^,I n-7r referable) 1? f - C 4- LL .S R? Smwl.runty Numb" ( •71111 ) 131.61 Sf ( -10) fa n ?l 4 l4 ? Hnme I'hono Work/Second Phone S Z61, 00 cl- Annual Homohnld Inmme No Annual Fee e $20,000 Credit Line S Lowest Rates Starting at 0% I GUARANTEED SAYINGS ??x01 A N roc, a! o: aANt 4 R. Thomas Mazur Senior Vice President Credit Protection Plan (Optional) YES. I would like to help protect my VISA Cold account and credit rating with the optional Credit Protection Plan described on the enclosed flyer. YES (lnlttai here to.mmu) 735-04645-8697-5 trsnln E XHIBIT - Reference Number: 4428001073500161 Box 3410 Year 96 Batch 26 SSN 161-54-4597 Account # 4428-0010-7350-0161 smadison.ndm. PA I i? ',III I I`: , I H, v r EXHIBIT I?Ls`PROVIDIAN -_1 L- Finwlriu/ First Oepaet National Bank VISA U Accaunr Account Agreement for Timothy M Zeigler Your First Oepadt National Bank VISA or VISA Gold account (the 'Account') allows you to make purchases by using your VISA card (the 'C sit advances (ram us or any other participating financial institution. Convenience checks may also be provided to you as an additional way to use the Account. In n each person for whom we have opened a credit card Account. 'We.' 'cup,* 'Ours. and "us' mean fiat Onoot National Bank, or its assignees. as listed an your billing statement. You may not be eligible lot an Account it you or a member of your household already have a credit account with First Ostrow National Bank or Prowdian National Bank. The Account may be used only for personal, family, household, and charitable purposes, and not for any business at commercial purpose. You and we agree as follows: Payments. You will receive a monthly statement showing your outstanding balance. You will pay us in U.S. dollars (checks must be payable at a U.S. office of the bank the check is drawn off at least the payment due as shown on your statement by The payment due date in accordance with payment instructions on your monthly statement. You may not use your convenience checks to make yaymenis on your Account at to make payments on any other account you have with us or our affiliates. The payment due will be: 2% of the new balance shown an your statement plus the amount of any past due payment, plus the amount by which the new balance exceeds your credit line. plus fees for certain optional services. However. The payment due will not be less than $15 borders your new balance is less than $15, in which can the payment due will be the amount of the new balance). We may requite a higher minimum payment if your Account is past due or above the credit line, but we will notify you before doing w. If your payment is more than the payment due, it will be treated as a single payment and none of it will be applied to future payments due. We may accept late or partial payments, or payments marked 'paid in full' or marked with other restrictions, without losing our right to collect all amounts owing under this Agreement. Finance Charges. Except as described in the Grace Period for Purchases section at this Agreement. finance charges begin to accrue on a debit when it is included in one of your daily balances and continue until (hat balance is reduced by a payment or credit. Your account has three daily balances: the Purchase Balance, which consists of purchases you make with your Card: the Custom Cash Advance Balance, which consists of unsecured credit card balances that ors transfer to your Account using balance train- star chess and balances that we transfer for you during the account opening process, and Ffie -Ca-3h Advance Balance which consists at all of err cos a trances. ny payment amaum we rscene that exceeds the finance charges and fees then due will first reduce the remaining Purchase Balance, and s en, r s e mare alance is zero, will reduce the remaining Custom Cash Advance Balance, and then, it the Custom Cash Advance Balance n zero. will reduce the remaining Cash Advance Balance. The Purchase, Custom Cash Advance, and Cash Advance Balances are reduced by payments as of the date received, and by credits lexceol for reversals of late, ovealimi6 and miscellaneous charges) as of the date posted. Purchases are included in your Purchase Balance as of the date made. Custom cash advances are included in your Custom Cash Advance Balance as fellows: funds electronicalty, transmitted to other anders to transfer balances, as of the dale transmitted: checks to transfer balances as of the data presented to us. Other cash advances are included in your Cash Advance Balance as fellows: cash advances from other financial institutions and through Automated Tellers. as at the date made: funds electronically transmitted, as of the date transmitted: cash advance checks made payable to you that are identified as cashiers checks that we mail to you at your request, as of seven days after the date we print an the check: all other checks. including convenience cheeks, as of the date Interested to us. Other debits fexcept for late, over Flows, 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 period within which custom cash advances or other cash advances may be repaid without incurring a finance charge. To Figure the dally finance charge for purchases, the daily finance charge for custom cash advances, and the daily finance charge for other cash advances. •.ve start with your previous day's Purchase Balance. Cus am Cash Advance charts and Cash Advance Balance, add all debits and subtract all credits for the current day to the applicable Balance (as explained in the paragraph above) and multiply the net amount by the applicable daily periodic rate (see following paragraphs). The finance charge for purchases is than added to and included in that day's Purchase Balance, the finance charge for custom cash advances is then added (a and included in that day's Custom Cash Advance Balance, and the finance charge for other cash advances is then added to and included in that day's Cash Advance Balance. We treat a credit balance for any day as zero. We determine the total finance charges for the billing cycle by adding together the finance charge for purchases for each day within the billing cycle, the finance charge for custom cash advances for each day within the billing cycle, and the finance charge for other cash advances for each day within the billing cycle. In calculating finance My tax. an Wortment 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 ellect for the current billing cycle rather than the rate in ellect an the date of the transaction. The balance amounts shown on your statement may differ from the Purchase. Custom Cash Advance, and Cash Advance Balances used in computing finance charges, because the Purchase, Custom Cash Advance, and Cash Advance Balances do not include any late. over-Finit, or miscellaneous charges which are included in the balances shown on your statement. The term 'Prim Rate' as used in this Agreement means the highest prime rate published in The Wall Street Journal on the first business day of the previaes calendar month. Any increase or decrease in the APR will take effect an the first day at your billing cycle and may rewlt in a slight increase at decrease in the amount of your minimum payment. We reserve the right to change the annual percentage rate calculations if you din not comply with this agreement. The ANNUAL PERCENTAGE RATE I'APR') for purchases is 0% for the first three monthly billing cycles that lour Account is open. This corresponds to a daily periodic rate of 0%. Alter theintroductory period, your APR for purchases will be determined as follows. You can arrange to have a variable APR which is lower than the lowest non-introductory APR you are paying on any of your other credit card accounts. This APR is available only it you provide proof, in the form of copies of your most recent billing statesrwn6 showing your other nori nhoductary APR. Your new APR will take effect at the beginning of the biting cycle following our review of your proof. (However, this change will not take effect before the conclusion of the three hillin cycle introductory perm II we do not receive and yolurO APcycle up to 7,65% R lm purchases will not rgo below 1590%his a(mula, the APR for purchases vafy and my in th corresponding purchases such proof, your the May 1996 APR billing g for cycle purchases would haa been follows: 15.90% Your APR lot to a s daily will periodic ate of b 0.04356%. each The ANNUAL PERCENTAGE RATE for custom cash advances is 0% for the list three monthly billing cycles that your Account is open. This corresponds to a daily periodic rate of 0%. Alter the introductory period, your APR (or custom rash advances will be determined as (allows: You can arrange to have a variable APR which is lower than the average non introductory APR on the totalhalances you have Irana site E from other credit card accounts. provided your other accounts were open at the time you opened this Account. This APR is available only it you provide proof, in the formal calls: of your most recent billing statements, showing the non-introductory APRs for all the balances you have transferred. Your new APR will take effect at the beginning of the billing cycle loilowing ou review of your proof. (However. this change will not lake effect before the conclusion of the three billing cycle introductory period.) If we do not receive such proof, your APR for custom cash advance: will be as follows: Using this formula, the APR for custom cash advances in the May 1996 billing cycle would have been 21.90%, corresponding to a daily periodic rate of 0.06000%, and your APP for custom cash advances will not go below 21.90%. The ANNUAL PERCENTAGE RATE for cash advances is 21.90%, corresponding to a daily periodic rate at 0.06000%. To determine the average daily balance shown an your statement lot purchases, add each day's Purchase Balance !including daily finance charge) in the billing cycle and divide by the number of days it the billing cycle. To determine the average daily balance shown on your statement for custom cash advances, add each day's Cam Cash Advance Balance (including daily finance charge) in the billin gq doll cycle and divide by the number of days in the billing cycle. To determine the average daily balance shown on your statement for cash advances, add each day's Cash Advance Balance 5ncadin finance charge) in the billing cycle and diwde by the number of days in the billing cycle. You can multiply each of these average daily balances by the number of days in the billing cycle and by the applicahl daily periodic tale to obtain wbtatab, and then add the three subtotals together to determine the total amount of your finance charges for the billing cycle. Grace Period for Purchases. New purchases posted to your Account in billing cycles when the previous balance was zero, or whea the previous balance was fully paid during the cycle. do not begi to incur a finance charge until the start at the next billing cycle. You can avoid any finance charge an such new purchases it you pay the total new balance in lull by the payment due date shown o your statement. New purchases posted in any other billing cycle incur a finance charge from the date the purchase was made and there is no period in which such purchases may be repaid without incumin a finance charge. There is no period in which custom cash advances or other cash advances may be repaid without incurring a finance charge. Fees. We will charge your Account up to 318 tor: each Card you ask us to replace: each returned payment check; each check you write on your Account that we return unyaid: each stop payment aid or renewal of such an order; each billing cycle within which your Account is delinquent (late chargel: and each billing cycle within which your balance exceeds your credit any. It yourequest copies r billing statements that were first sent to you mime than three months earlier, we may charge a handling lee of $2 for each such copy. Oefault. You wig be in default: it you were not eligible for the Account at the time it was opened; it you fail to comply with any pan of this Agreement; it any inamiz ion you gawe us novae to incomplete or false; upon your death, bankruptcy, air insolvency; it you (ail to pay other debts when due; if a bankruptcy petition is filed by or against you: or if we believe in goad faith that you ms not pay or perform your obligations under this Agreement. On your default we may, without further demand or notice. cancel your credit privileges. declare your Account balance immediately due and payabl and invoke any remedy we may have. In the event of your default, the outstanding balance on your Account shall continue to accrue interest at the API I disclosed in the Finance Charges section this Agreement, even it we have sued you to collect the amount you awe. 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 (stands. Yo available credit is normally the difference between your credit line and your Account balance (including transactions made or authorized but not yet posted). For captain cash advances, available cm 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 at someone else use your Account leven if the amount charged exceeds your permission). all other transactions a charges to your Account. and collection costs we incur including, but not limited to, reasonable attorney's fees and court costs. (it you win the suit, we will pay your reasonable attorneys fees and co co Chanes. We sts.) g stance will apply change to your whole Account balance from the effective date at (het change, rwhether rorr not the balance includes items spoFinance sted to your Account before rsthe the ge date and whether Of you continue to use the Account. Zdh 5637 Timothy M Zeigler P15.90V 1 CC21.90F I C21SOF i Foreign ExchangalCurrency Conversion. If you use your Card for transactions in a currency other than U.S. dollars, the uansachons will be converted to U.S. dollars, generally using either a lit gyovernment mandated rate of in) wholesale market rate in effect the day before the transaction processing date, increased by one percent 1151. It a credit is subsequently given lot a transaction, it win be decreased by one percent 1151. It the credit has a different processing date. then the exchange rate of the credit can be grealer;less than that of the original transaction. The currency conversion rate an the day before the Iran section processing dale may allies from the tale in effect at the time of the Iransachon or on the date the transaction is posted on your Account. You agree to accept the converted amount in U.S. dollars. The Card; Cancellation. You will return the Card to us at our request. The Card expires at the end of the month shown an it. We have the right not to renew the Card. At any time after at least 30 days notice to you. or without notice if permitted by law, we may cancel the Card and your credit privileges. If your Card is cancelled or not renewed, finance charges and other fees will continue to he assessed, payments will continue to be due. and all other applicable provisions of this Agreement will remain in effect. You may cancel your credit privileges by notifying us in venting, returning the Card(a) to us cut in halt, and paying your "mire statement balance by the payment due date on the statement which includes your final purchases, cash advances, charges, and lees. Yaur credit privileges will be cancelled and no additional finance charges will be imposed. If we cancel or do not renew the Card, or if you terminate your credit privileges, you may no longer wine checks on your Account, and you should destroy any unused checks we have issued to you. Personal Information; Oacuments. You will 9we us at least 10 days notice if you change your name, home or mailing address. telephone numbers, or lob. You will promptly give us information about your financial affairs it we ask for it. We may get men inlormation from others, including credit reporting agencies, and provide your address and information about your Account to others. We may also share each information with our allifiatas. If you fail to fullill any of your obligations under this Agreamen , a negative credit report reflecting on your credit record may be submitted to credit reporting agencies. Customer Service; Unauthorized Use, Loss, or ThaN of Checks or the Card. Each Card must he signed on receipt. You will safeguard the Card, your personal identification number (which provides access to Autorneied Teller Machines), and any checks issued to you from (hell. You will keep your personal identification number separate from your Card. If S9ou discover or suspect that the Card or any unused checks are lost or stal", or that Ulmer may he an unauthorized transaction on your Account. you will notify us promptly by telephoning 1.800.9337221. You will phone, even though you may notify us in writing, sat we can act Iasi to limit lasses and liability, Your liability for unauthorized use Occurring before you notify us is tinted to $50. If you report or we fussiest unauthorized use of Yaur Account, we may suspend your credit privileges until we resolve the problem to our satisfaction at issue you a new Card. It your Card is last or staler, you will promptly destroy ad checks ki 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 at accept your checks, or fails to return the Card to you. We have n f responsibility lot N dds and services yurchased with the Card or checks except as required by law. ISee Special Rule below.) Certain benefits that are available with the Account are provided by third-party vendors. e are not responsible far the quality, availability, at results at any of the savicat you choose to use. Stop Payment Orders. If you wish to stop payment on a check, you may send m a stop payment order by writing to us at our address far customer service listed an your bC:. You can make a stop payment aid" orally by calling the number listed on your stalemenl. When you make a stop payment order, you must provide your Account number and specific information about the check: the exact amount, the date on the check, the name of the 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 disregard your oral order if we do nor receive a signed written confirmation within two weeks alter the oral older or if you have not adequately described the item so that payment can he stopped by our computer. The order win not be effective if the check was paid by m before we had a reasonable opportunity to act on the older. We may, without liability, disregard a written stop payment[ order six months alter receipt unless it is renewed in writing. Standard of Care. Because this Account involves bath 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, trantactions in your Account will he processed mechanically without our necessarily reviewing every item Our processing system win can our attention to retain items which we will esanne. We will examine all transactions when you report that your Card or checks have been lost or stolen. We do not intend ordinarily to examine an items, and we wig not he negligent it we do not do so. This rule establishes the standard of ordinary care which we in good faith will exercise in adnnistering your Account. Because of our limited review, and because neither your cancelled checks nor Card transaction slips will he returned to you with the monthly statement, you should he 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 against your record and to notify us promptly of any unauthorized transactions or start Waiver of Certain Rights. We may delay or waive enforcement of any provision at this Agreemem without losing our right to enforce it or any other provision later. You waive: the right to presenimenl. demand, protest, at notice of dishonor; any applicable statute of limitations: and any right you may have to require us to proceed against anyone before we we you. Applicable law, Sevarary; Assignment. No matter where you live, this Agreement and your Account ate governed by federal law and by New Hampshire law. At any time after we determine in good faith chat any proposed or enacted legislatian. regulatory volts n' or yido"" decias has rendered or may render any material provision of this Agreement invalid or unenforceable, or mgase any increased tax, reporting requirement, or other burden in connttUan with any each provision or in eclarcOwn we may. after at least JO days notice to you. or without notice if permitted by law, cancel the Card and your ttedit Drivileges and declare your Account balance immediately due and payable. II any proon Of This Agreement is held to be invalid at unenforceable, you and we will consider that provision a nod to conform tO appIu Is. law. and the rest of the pmvisiena in the Agreement will still be enforceable. bin we will have the right to cancel your Account and declare your balance immediately due, as provided in the preceding sentence. Wer may transfer ar assign our right to all or same of your payments. It stale law requires that you receive notice of such an event to protect the purchaser is, assignee, we may give you such narce by filing a tinancing statement wish the state's Secretary al State. Notion. Other notices to you shall be effective when deposited in the mail addressed to you at the address shown an our records. unless a longer notice period is specified in this Agreement at by law, which period shall start upon mailing. Notice to us shall be mailed to our address for customer service on your statement lot other addresses we may specify) and shall be effective wharves receive it. Your Billing Rights - deep This Notice for Future Use This notice contains important inlarmalion about your rights and our respansihilities under the Fair Credit Billing Act. Notify Us in Casa of Errors or Constitute About Your Bill It you think your hill is wrong, or it you need more information about an entry on your bill, write us. on a separate sheet. at our address for customer service listed an your bill. Write to us as 30111133 possible. We must hear from you no later than 60 days alter we sent you the first bill an 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:• Your name and Account number. - The dollar amount at the suspected error. Oescribe the error and explain, if you can why you believe there is an error. II you need more information, describe the item you are not sure about. Your Rights and Our Responsibilities Alter 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 tither correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect anPP amount you question, or report you as delinquent, We can continue to bid you for the amount you question. Including finance charges. We can apply any unpaid amount against your credit line. You da 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 nslake an your hill, 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 charge& and you will have to make up the nssed payments on the questioned amount. In either case, we will send you a statement of the amount you awe and the date that it is 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 to pay. we mint tog anyone we report you to that you question your hill. 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 $50 at the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases II you have a problem with the quality of the goods or services that you purchased with our credit card and you have vied in good faith to correct the problem with the merchant. you may not have to pay the remaining amount due on the goads or services. There are two limitations on this right. fat you must have made the purchase in your home state. or it not within your home state, within 100 min of your current mailing address; and (b) the purchase price must have been more than $50. These limitations do not apply it we own at operate the merchant, or if we mailed you the edvatis t far the property or services. 5637 Timothy M Zeigler PI59CV 1 CC21.9OF I C21.9OF nAn IRS FO Ile, O ?? o a10 P ? 9 MASON 01%ON BUSINESS I lulus Ni, IDATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 SHERIFF SERVICE INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY Tilt sHcnlFT" on the levee of the lest (No. 5) copy of this form. Plow PROCESS RECEIPT, and AFFIDAVIT OF RETURN type or print legibly, Insuring roadability of all Cables. Do not detach any copes. ACID ENV.e 1. PLAINTIFF/ 22 COU1RT NUMBER PROVIDIAN NATIONAL BANK COUNTY 91 g_5m R c;.,;1 A TYPE OF WRIT OR COMPLAINT: TIM07EIY N. ZEIGLER gTlaint in Civil Action SERVE 6. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC . TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. y Timothy M. 'Zeigler 8. ADDRESS (Saws or RFD, Apartment No., City, Bore. Twp. Slate and ZIP CODE) AT 333 Tree Lane, Aspers, PA 17304 n,c UNVOUAL CbrtvlGE: Li PERSONAL I I PERSON IN CHARGE I 1 DEPUTIZE I I CERT MAIL I I REGISTERED MAIL I I POSTED r] OTHER Now, _ 19 , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. _ SHERIFF OF ADAMS COUNTY a. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN ENPEDITING SERVICE NOTE ONLY APPLICABLE ON WRIT OF EXECUTION. N B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or affaching any Property under within writ may leave Same without a watchman. In custody of whomever is found in possession, alter notifying person of levy or attachment. without lability an the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction m removal of any such property before sheriff's sale thereof 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting sen¢e on bs ]lot 10 TELEPHONE NUMBER H. DATE PLAINTIFF Valerie Rosenbluth Park, Esq. DEFENDANT _ (215) 348-5200 FOR U$? S?E $HERIFF ONLY_ Q9?147_YVA1TE BELOW THI LINE 12. I acNnowlespe recelpl of Iha wrN SIGNATURE of Autharbsd ACED Deputy dr Clad and Title 13. Data Receives 1A. E.piratlan I Hearing date or complaint as a elSales above. 15, 1 hereby CERTIFY and RETURN that 1 EI have personally served, have served parson in charge, I I have legal evidence of service as shown in "Remarks" (on reverse) ? have posted the above described property with the will or complaint described on the Individual, tympany, Corporation, etc . at the address shown above or on the Individual, company, peoperatlon, etc., at the address inserted below by handmglar Pooling a TRUE and ATTESTED COPY themC 10. 20 hereby unify and return a NOT FOUND because I am unable to locale the 17. Name and title at IndNW,,.l .w.d ------ 19. Address of I State and ZIP, RENAM 22. I above. (Sty remarks below) A poem, Of Suitable ape and digralbn Read Order n q.klrN In me derend.nl'. WWI ? _ o e abort. ? a "Read (oompNe only If different than shown above) (Street or RFO, Apartment_N_o, City, Bore, Twp, 20. Date of Service 21. Time E) Nuest For Change of Address Form from post office marked of Known At Address Given" (May reside Cd 10 IlAurel Dr., nicsburg, 17055) Date Milan Dsp.lm. Date Mlle, Dap IN. De" MINA DepAill. Oats Mlles DepAnt. Date Mlles DepAnt. I_ i _ 4a. 25. M 27. idol Costa 28. =?UEM REFUND 1 f - ? $14,60 Pd. 10/7199 555_411 r>< >riSao AFFIRMED and subscribed to b*fM* M his day ?bnaW'QePVtwAid" Pubf -___--___-_ OF AND &Will) (Ple.y Print Or Type) SHERIFF OF ADAMS COUNTY 38. Dale PROTHONOTARY 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 FIRST DEPOSIT NATINOAL BANK Plaintiff VS. TIMOTHY M. ZEIGLER Defendant : CUMBERLAND COUNTY : COURT OF COMMON PLEAS NO. 99-5918 CIVIL PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly discontinue the above captioned matter without prejudice upon payment of your costs. PARK LAW ASSOCIATES, P.C. BY: ? '/? V IE RO LUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF i.. I