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HomeMy WebLinkAbout99-06486 Y?. S' 7. t ate,..-. ter,?i :? . r>. + Jn?y ar ^ .: } {p3 ?itG!y. `, ? rap ?.1 Y y y.it i?JA? ?f '` 1 4+Yz« t Yi Q X57 Y' i r r? 4 e•, QD W a I. a ;o 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROVIDIAN NATIONAL BANK Plaintiff VS. RAY A. YOST Defendant 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 ??!Y NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE'a ti.s OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.? COURT ADMINISTRATOR CUMBERLAND COUNTY ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 =.x (800) 990-9108 rt.,<<z THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. No.`(g1- L4d'.. 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 RAY A. YOST 5 Winchester Gdns. Carlisle, PA 17013-1070 DEFENDANT NO. C? ?JA. CMI. ACTION 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 RAY A. YOST, an individual who resides at 5 Winchester Gdns., Carlisle, PA 17013-1070. 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 4428000474925894. 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 $5,852.80 as of 07/07/1999, plus pre-judgment contractual interest at the rate of 14.708 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 $1,170.00. 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 fez , 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 $5,852.80, plus pre-judgment interest> i at the contractual rate of 14.70% per annum from 07/07/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,170.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just.' PARK LAW ASSOCIATES, P.C. BY VALER RO LUTH 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. 9y. ?S1 VERIFICATION I, HEATHER KOOREMAN declare: I am a designated agent of A Y??.4? rnn_< 4 : ??'-,na ?tGYS , in the above entitled action and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed this AjAMET)J, county, in the state of PROVIOIAN NATIONAL BANK RAY A. YOST 919883-1 HEATHER KOOREMAN Agent day of , 1999 at .n.li avro-akk11 J 1 F? SEP 16 P99 s4'y?zx?. F' s for, PROVIDIAN /111,111' sal Prcndan Nabcnal Bank VISA'S or MaserCardS Account Ayeement for Ray A v;st A•;ounl l y n• i,vvw lbig document and Peep it wdn ycur Ome' YmC X!21M Wpe , Thq Account A jreemerl ccmano Ire terms 0i n;-ver^ jour rraviwa. , w .?.. , aver--all III„.'A, jean') The Account allows you to make purnases ort using your VISA cr Masler„ard card (the'.ard'I +merever i! : rcnc/ed and tC get :ash advances from us Of any Uher;a'tiotatin; u,,,Iv vd In:hmkCn ant from AulOmaled Teller ttacr,rr. wnvemence :nrk; maY also M provaed r^ you as an 3ddfx;na'. way r• use!re AC. cool n !m; Agreement 'your and `jour' mean ,•.r h L+:cn ter venom we Nre cper,ed a credit card Attcurl "he %ur "LUIS' and 'QS* mean Pra dean National ^ar, w ifs 3:sigrees as holed on your tilling statemert L e Account maj [e ,, .I i viryla personal family household and cnah!ape Punxses are nct kr any cuSiress :1 ommelcai.urccse Frj use cY bas Aaoum svd •-nstiwte acceptance cf me tam: cf tr.: Aie,.,nent You and we agree as foam x.Ia•a Icreas thou to pajape at a u S c lice:f the bar. Ire Payments. You will receive a monthly statement ;.)owing your ourstandng balance Payment OR rit Account's ,e n red.n US to, k r drawn on) for at least the payment clue as shown Cn your statemenl by Ire payment due date •n 3C.Cr2nce A'.h Pa+reFl ,r;:'XC cr, c your monthly statement Ccnve^ence cw.i; .nxl,Ilxq crn ks wa issue to you may not be used!0 mane pa)menls OR you: Account Otto make Gaymenis Crary Vrer ac::uhf sou rave wm us or Out adulates Tre payment due wd be 2% .•1 nx? r,ew beance shown On your statement plus me amount of any basl due payment and may :nctude the amount ty wnicn Ire rek caiance exceess ycur credit line However the pajmert ,ex• *,If ncT be less than S15 (unless your new balance is less than S15 in ohocr case he payment due will be Ire arourt Of Ire ret, a arce) ''f ycur Account is past due Cr above !re credit lire w,• m;ryregaee a hgbermnimum payment but ee well nchy you tefae doN SO If your payment is more Iran Ire.aymenl oue a A r:e frea'ed as a srg'e payment and acre of d Hid Ce acpvV k, tome payments due We may accept tale or.arras payments c+payments matked'pa,d n full *Of marked e,m cirri, restr,curs cereal w, rg cur rgm to collect ail amount; Pwirg urger and Agita•ment Credit ReYlew: Special Requirement In order to keen your Account in good standing you agree Ivi Significantly increase the amount of yrr total oetl On unsecured firi accounts A$ wig uv,ew your Account and credit ptotle regularly 10 evaluate the amount you owe!elatve to the amount of ycut then current mccme fRe xnsde, an increase in dell of mole than S2 000 tote pkpvlKant. unless you have suffKrenl uKOme) If we determine that your Account is not in good standing your ANNUAL PERCENTAGE RATES (APR) !or purchases custom Cash and casn xrvwKes may be increased Finance Charges. Except as described ,n the Grace Period for Purchase Balance section of this Agreement tnarce crar;eS begn IC accue on a debt when d a included in cry of your drily hdmces and col until that balance is reduced ty a payment of tread Ycw Account has the folicv, balances The Pu,c^sse Ba'arce wrcn conssts of your mill Purchase Balance cant RYw purchases you make with your Card and fees for certain Colonial services. one or more Custom ash Advarre BaenCes AhCn Consists of balances that you trans er to your Account irexi balance transfer checks and balances that we transfer for you and the C3;n advance Balance wnicn convsts of ail Otter casn advances Any payment amount we receive that erce0ds the funnco charges and fees then oue will adnanly be applied first to Ire Balance won Ine bweIll Annual Percentage Ra!e (APR) unto that Ba 3%e s zero and then to the Balance with IM nevi kn,h .I APR, will that Balance n zero, and then to art, remaining Balance vie reserve the right to awry payments ddeentry wdha,t luriher notice The Purchase Custom Cash Advance and i Advance Balances are reduced by payments as of the date received and by credits as of Ire date posted Purchases are included in your Purchase Balance as of me date made Custom cr h advances are included in your Custom Cash Advance Balance as follows fund; electronKatly Iran;math to clre !ender; t0 transfer ta?ancts as el the lisle Irai,mnted checks to Iransler h,Ln¢es, as of the date presented to us Other cash advances are Inclucied in your Cash Advance Balance as fcJees cast ad.ar:es frCm ctrer hrancal mTAUlons and through AulOmated f t4kns, as of the dale made, cash advance checks made payable to you Thal are idenrfied as ashler s checks and mailed 10 'cu at )car request as of seven (Jays after IM data we print on the clnn:k, au other cracks, as of dm dale presented to us Other debris dfe inctuded in your Purchase Custom Cash Advance. V Cash Advance Balance AS of IN dale Posted Futance charges are :e1Ld to you Purchase Custom Cash Advance, and Cash Advance Balances each day and are then pasted on the last day of me bang cycle There is no grace pe ood for custom cash ntv;vKes of other cash advances to fPJwe the dally finance charge la each type of Balance we start with your previous day's Balance add all debts and s&i K! ail Credits fa Re Current day and multiply the net amount by the ;Wksable da,N peradc rate (see following Paragraia l The tnarce charge fa each type of Balance is then added!d and ,ncrueed n that dry If Balance Y e treat a credit balance for any dry as zero We determine the total finance charges on balances for the billing cycle by adding together Ire finance charges for each NM of Balance for each day within IM billing cycle In calcuteling hnanco charges. an aclusMent will be made for any transaction or payment [rat would have affected the finance charge calcu:afon m a par billing cycle had it been posted n thal Cycle TM ;ypl, able gall pergdc rate for such a transaction writ be her rate in effect la the current tolling cycle rather than !he rate in effect :+I me Cate of the transaction Yon olatenenl ,nch+des an average duel balance fa each type cf Balance You can multiply each average daily balance that .S ^:1 zero by the number of days in the being cycle and The Pehodc ra!u to colan submtals, and then add IN subtotab together to determine your total finance charges on balances for the bluing dose If a cash advance transaction fee is charged zeal amount is ;dso a fnance charge The fem'Pryne Rate' as used in the Agreemenl means the hgnest plme tale published in me Wag Street Jo?rar cn the first:us•ress day of Ire Previous calendar month Arty rcresse a AKrcase in the Annual Percentage Rate wAl take effect on gie rill day 01 your billing Cycle and may result in a slghl increase a decrease in the amount of your mntri prymem Your can arrange to have a variable rate (rat below 5 9%) to purchases which is Inver than the lowest nomntrodr Crory ANNUAL PERCENTAGE RATE (APR) you are pryvg on of your od+a rrwal card or retail accounts This APR n available wry if you Provide proof in the form of a copy of your most recent billing swe^. e t showing your other ram»ntrodupary APR Yout Nov APR writ I,Au etfvaf in the billing cycle Iblowvg out renew 0f ;bar proof but not ear ier man the end of you! ,nicouc. ri:erW urt.I ycur new APR tapes effect. of it we do not receive pool of yew tmte APR. your APR fa purchases will be as follows Toe ANNUAL PERCENTAGE RATE (APR for purchases A?It vary and may be adlu l ed each bllrg Cycle Lp to 6 45% above Prme Rau. but *,It in w event be less than 14 7% Using this formula . the APR for purchases in the August 1%9 billing tide ,s 14 17% core-Dondng to a Cary perwdc rate 0004027% your can arrange to have a vanabte APR (not below B 9%) for custom cash advances that is lower Iran the a,ena;e ror nhcduc%ty APR you rave teen paying on the 101al balances you have han-leued from other credil cad relad and Instaltment accounts Provided your other accounts were open m Av;usl W j in catu:a!mg Iris APR we wa lake into account the APRs on her crest account balances Sou have transferred from Christ lenders Thrift APR Is available onry it you pr-N ce ptoO in me 1 vm of aces Of yon moss recenl biting slatements. showing Your other owl nha uclory APRs Your new APR will take elfect in the b!hng Cie follow ing cur renew or your pmf tut rot earl er Iran Ire end of yeut ntroduclcry pervyd it we dal not tecerve such goof your APR for Custom cash advances wig be as follows The ANNA PERCENTAGE RATE far custom casn advances wilt vary and may be aausted each losing cycle up to 106% above Pirne Rite, bul wu in no event be less tan 15 31% Using this formula . The APR for custom cash advances in the August IM bllng cities is 15 31% careep0r dlrg to a dory Pill" 1410 Of 004195% The ANNUAL PERCENTAGE RATE la cash advances d 219%. corresponding to a Wry Perodc rate 01006ccc"a if yar do rot comply with the terms of this Agreement your ANNUAL PERCENTAGE RATE for Purchases wiu to 18 9% catespcndng u a da.P, penWC rate of G 05178% end the APR b cash Uances and custom cash advances will be 23 9% corresponding to a daily pergdic rate of 0 06548% Your Accourl may to ego e or the lower regular APRs all you have met IM terms of this Agreement for three months It you contact us we will review your Account to determine your eigbd,ry fa he Iwef AFRs Grace Period for Purchase Balance. flew Purchases postedb ycur Account in tooting cycles with no prevous balance or ii-en !he GrMous balance was fully pad during The cycle do nol bar to ncur a finance charge until the sod of the next blliry cycle You will pay no finance charge on such new purchases if you pay Ire total new taarce n fug by the payment due date shown on your statement New Purchases Posted in any oche t ing cycle incur a finance charge and there is no prom in which such;urcrases may to n'paid *,"out m inij a finance charge Fees. We will charge your Account up b $0 for each Card you ask us to replace each returned p yment Deck each check you wrte on your, Account trial we return unpaid each sloppaymerf order or renewal of such an order. each billing cycle witn:n wrl your Account is delinduenl (late Charge) and each billing Cyc a wdhm wmcn your balance exceeds tow 0061 IN even Ai?ow Arcuunl esclosed If You request copies of lsoi g statements that wee first sent layout more than tbee mcrtrs eanie we mar charge a handr; lee of S2 to each such copy A ash e?+ance lee of 3% (minimum S5) may be charged to each cash advance transaction made on your Account Default You will be in default if ay nfamatlon you Provided us Proves to to incomplete of imrue, it you do rot compel with. anj.all of Iris A,,reemenl. upon your swath barliasiry, a insolvency if you do not pay other debts wren due d a banknc ry petition is filed Cy a against you a d we bedeve n good taint Irat you may ncl pay of perform you O"l ons Trader thin Agteomenl Illicit are in detaull we may, without funrer demand or notice. cane your 0edt Prviiege; declare jar Accost :a ance,mmedYery due and Payable and use eM ram re m have In Ine event of your default. Ire outstanding balance on your Account shalt continue to accrue interest at ne APR)al dscicsed nine Finance Charges section of avs Agreement, even d we have filed suit To Coiled the amount youowe Credit Line. Your credt hoe is SMbf-ed hom lime fo time in a separate notice 'Ne may Mtease or decrease your oast -ire tares on clornif cri «e obtained from you a you credit 1"Ce Your avalabe credil n normally the difference between your credit line and your Ac:curt talance I nc!udnq rare x' cr; mare ;' a."Kr: r: o.! act re Gcsledl I! you vend m e urge prymenl check, we may limit your available credit while we confirm that the check Will clear For certain trarsactKCS lavadaGe C•rd I jar :< ass n N w n rot ve your Acca,nl tor. and we mry reMe b hand, any narsaction which woukscause You to ex;eed your avai4ible trait Promise to Pry. You prbmde To Pay us *Nn due all amount: tardwM when )cu or :omeCne else use ycur =¢^urt'even , •^. a-cunt :raged ex ceedo you1;ermnsKni as calla transactions ens charge; to Yow Account and couei costs «e incur mcludn;. but ram tim let Ic reascrzte vcfa ey : lees and ::.n c :'; '..I you w n ne sort Ae Aid Wit Your reascrable attorney's fees and court costs ) Changes. Arei we prance you any notice requires r lam we may change any ;art ;f this A yeemem a^4 0)::r ..!r•'c,e •e;.pie^e ': f a :•av)e is made to Ire Finance Charges secnin of Iris Agrremert Ile re* Lnarce charge cak:ulaton will st b Your erlne Account taiance from me es!.,e 7a•a cf 're crag;e Cra^ ;rs w I awry to t uance; that ,r?,yk ,,t^y(+,L't119 sB!- Accamtbe'",I, ,Lre CJ!he creole and kill door/ wreher G, roiyw ctnimei to use fro A::cur! t 'JIa4 ?Tl /'nil ked on /eve:el L•C46Gbgdl 441i iad;4gjbdiJ ICOnlir+ Fotdgn EschangalCurtency Conversion. II you use your Cara to transa:tors m a c worry other than US V:ms t^e !n^sa:•ors w.-l be canedded to US Mars genera,y using either a (i)? INemmenl mSnriated rate OF fn) wholesale mar eel rate in lnecl Ire day Cetae Me lrarSXhOh Cfo:e;sna ,aa!! rcreased Cy 6.e rccnt ("%, !13 Cell is sucsdqucnly given for a eansachon it - wnl to derrlaeed by the same percentage if the credit has a different processing dale then :tie etcrahge rate st Ire heal can ;e grealer,'ess Iran mat of the original bansa:lior: The currency caNei rate on the day before the transaction process,ng dale may differ from the rate in effect at the time cf're trarsa:bcr Or en !re Mle the lransactwn is posted ion your account YO. agree d aaepf the C.Vveded amount m V S dskars The Card; Cancellation. You may Caricel yaw credit pnvtlepes at any time Di noufring us m whIrg and oeslcy ry re -'a's17'' .Can ire Cars ercoalwn at the end G Ine month shi:wn or It we reserve the rgnt not la renew the Card We may Cancel the r-ald and VCf credit privileges at any time aver 70 dJ, we I) jcu V wdnpul nloi.ce J permitted by law If your Card S :ante'ed cr not herlrwCJ fmaxe charges and omen fees will continue to be assessed payments will continue to be due and au Ctree auocacd praucns of this Agreement will remain in effect It you terminate your Credit prrvileges or it *a cancel or do nor renew the Card you may no longer woe Checks an inW A:ccnr and you should destroy any unused Checks we nave issued to you r Personal Information; Documents. You will provide us at least 10 d1'ys notice if you change your name home or maixg ad7ess telephore numbers employment or income Upon our r request you will provide us additional fmancal mtofmat.on We reserve the right to obtain information from Others .nctuang credit repcrmrg agences and to provide you, as7dss and .n10117 n about your Account to others m I n r inn m nrn won r Poh I H r m wrgo to US I n ,rr.n •r Sit. n 11 r Credit ;nf,m Inn qyon r r e.ti t It you do not IuILN your obligations Urger INS greement a negative credit report lli may re acl on you , may De Submdtea to the credil reporting agencies Customer Service. Unauthorized Use. Loss• or Theft of Checks or the Card. Each Card must be signed on receipt You are responsy:a for safeguarding the Cara yyour Personal identification Humber)-PIN' witch provides access to Automated Teller Machines) and any checks issued to you from theft and keec ng your Pill separate ncm your Cara d you 1 cove? cr suspect Inat your Card PIN of any unused checks are lost of stolen. or that mere may De an unauthorized Tram acixm on your Account ycu win promptlynouN us Dy calling 1.800.933-7221 So we can unmeasalely act 10 limn losses and Iabdi ycu will phone us even ;hough you may also notify us in willing Your liability for unaumCn:ea use occurring before you naJy us is limited to S50 It yw report at we suspect unauthorized use of your Account we may suspend your credit privileges until we resolve the protiem to our swatactan or issue you a new Card it your Card is lost OF Stolen. you will promptly destroy all checks in your possession To improve customer service and security you agree that your ads may to monitored or recorded Merchant Relations. We will not be liable it any person or Automated Teller Machine refuses to honor ire Cara or accept your checks. or fails to return the Card 10 you We have no resocnsavity for goods and Services purchased with the Card or cracks except as rectulfed by law Seer Special Rule below ) Call beneffs Mal are avaeabie with the Account are provided by third party vendors We are not responsible for the quality avaaberry of results of any of the services you choose to use Stop Payment Orden. If you wan to stop Payment rn a check, you may send us a slop payment Order by wrong to US at our ad7ess to customer service listed on your statement You an make a stop payment order orally by calling the number listed on incur statement When you make a stop payment order. you must provide your Account number and specific nlormaton about the deck me exact amount, Inc date on the check, the name of the parry to venom it was payable the name of me person who signed n. and the check number You w,n be asked to ccnf rm an oral slop payment eider in wnhng Vie m r r r I f re, I r w written firm n wali to k Me( r I or if we have not received an adequate we 00 "1 _ descrotgn of Inc item so that payment can CIS stopped re order win not be a wine r Ine check was paw by us Ce.7e we Gad a re4:a bl! cv,"Iumri t0 art on the adef W e may wilhoul liability . disregard a written stop payment order six months after receipt unless u is renewed m writing Standard of Can. Because this Account involves both Credit card and check transactions which are processed Mrougn separate rawrial systems before the Iransaclons are Consolidated by us, and because not ever)' check and Cara sip win be sent 10 us transactions in your Account *,It be processed mechanically mmout cur recessafriy reviewing every item Our processing system writ an our attention to artam dens when we will examine We will examine all Ironsac!"s when you report that your Cara Of creaks rave been lost a stolen We do not intend ordinarily to exam Me all hems and we wm not be negligent two did not do so This rule establishes the standard of ordinary care which we in 90M faith will exercise in administering yav Account Because of oW kmued faYew, and because neither your cancelled Checks not Cara transaction slips will be returned to you with ire mommy, s!alernent.. you should be a'eful 10 enter all checks in Four CreCk register a olhemrsa keep a record of them You should also save your credit Card Cash advance aril purchase SIPS vin acres toe eck your monlMl statements anamsl your record eM to notify us meGaleH of any unauthorized Irarreact.Ons or effors Waiver of Certain Rights. We may delay or waive enforcement of any provision Of this Agreement without losing our right to enforce it of any other provision later You wane the right to presentment, demand. protest, or notice of dishonor, any applicable statute of limitations, and any right you may have to require us to proceed against anyone colas we file sal against you AppliIn Law; Sevuablily: Assignment. fib matter where you live this Ag9reement and your Account are governed by federal taw and by item Hampshire law This Agreement a a final and not bit wntradcted Oy ""don"e of dny alleged oral ag,somMl If any Prcvalon of this Agreement is had to tR invalid of urentxuabk, axpressron oftM agreement be Meen you and us and may you we wr8 ansder shot pr aaron modifsa to c0nlorm to apprcabie aw, and Inc rest of the provaxsns In Me Agreement will still be enlaceaole At any time ocher we determinism good batch ory ac ton a bbal detaron ha$ renaMed a may render arty mateial pov.sKns cf this Agreement idvald or unenforceable of unpose arty that any poDOSed or enacted tlglsatlon regual lur increased tax. repal,m9 rePrxem1ent 4 a other burden in connecter wnn arty such provaon or its enlacement we may, after at least 30 na ys noLCe to you. a without notice d perml;ted by aw, n our right to ail a some of your Payments it slald'ae requaes that you receive notice of such an even) to protect the anrN IM Cara end your Credit prm kg es We may transfer a assig piny whcOF harricas to neperda snaN you pwcNSer a astgree, we they give you such slice Din fi;Mg a hnancrng statement with Inysoustate'S Secretary dl Slate g upbnma rig tivtJO?c to ishall?te moiled to a0tress for Cust ant ce in IN in S to at it address how, or Cur all a omeer S on your s ate enrl (a other addresses ate oaf siod is peufyJ 3rW Stan be effect a wtsen we recefre it YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This notice contains important mtcrmaton about your rights are cur responsibilities under ale Fart Credit Billing Act Notify Us in Cue of Errors or Questions About Your Bill 11 you think your bill is wrong or if you reed more information about any lransadcn on your bill ante us one separate sheet, al the address listed in the Billing Rights Summary on your bill 'Wnre to us as soon as possoie We must rsar from you no later can CO Sys after we sent you the fast bill on anon ire error of Problem appeared You can le!epnone us, but doing so will not preserve your rights in your letter, give us the fouowing mlormaton -- Your name and Account number .- The oolar amount of the suspected end - Describe the error and explain, if you an wry you believe Isere man error If youneed more mformallon describe the Item you are not sure about Your Rights and Our Responsibilities After We Receive your Written Notice We must acknowledge your leltrr w.mm 30 days unless we rave corrected the of or by then WiIhm g0 days, we must either correct the end a explain why we beleve Inc bin was correct Aftef we recerve yourIelter we Carroll try to cooed any amount you question a report you as delinquent Will continue to bill you for the amount you question, including finance Charges. and we an apply any uroad amount against your clear line Youds not nave to pay any questioned amount *"*a are investigating but you are still obligated to pay ire pans of your bin that are rot in quesllon If we find!":r *1 max a mistake on your bin you will nol have to Pay any finance charge related to any questioned amruhl If we"I make a mistake you may have to pay finance charges and you w rake up the missed payments on the questioned amount in Miter case, we will send you a statement of the amount you owe arid Ine date that it is due If youlail to pay the amount we , ave. we may report youas delinquent However. if out explanation does not satisfy you and you wute 10 us within 10 days telling us that You still refuse to pay. we must Id anyone we I c::' , .+ 10 that you question your bill And. we must tell yyo0u the name of anyone we reported you to We musL'en anyale we report you to that them f has been sertled between us when it finally is If we dont follow, these rules. we ant collect the fifst $50 of the questioned amount even if you, bill was correct Special Rule for Credit Card Purchases. If you have a pfoblem with Me quality of the property of services that you purchased with our credit n0 youoars Ined i good lawn lo cared N poblem with the merchant. you may not have to P the remamug 1-ount dirt on the goods a services There are too l.mrta!da on I roc) You must a ag? re purchase 'inwyour e own home stale , a if not within your home stale, wdmnay 100 miles of your current mailing address and (D) the purchase price must ^ .,eon more Iran S es l a e not apply of operate the merchant, at it we marled you the advertisement for the property of services fry 0J c%, !7- c,3 CL. N L1 ?I' ~ L? O ? fT Q1 `!? v P- 4u <-N? I (I Xi?"'??i iS 4?:M, 4P }? ??k x1 J? ?r . n? ?x rug . F »Kyy tl SHERIFF'S RETURN - REGULAR CASE NO: 1999-06486 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS. YOST RAY A HAROLD WEARY , Sheriff CUMBERLAND County, Pennsylvania, who being duly or Deputy Sheriff of sworn according to law, says, the within COMPLAINT was served upon YOST RAY A the defendant, at 18:57 HOURS, on the 27th day of October , 1999 at 5 WINCHESTER GARDENS CARLISLE, PA 17013 ,CUMBERLAND County, Pennsylvania, by handing to SANDY SMITH (ROOMATE) a true and attested copy of the COMPLAINT , together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Coats: So answers: Docketing 18.00 Service 3.10 2 Affidavit 00 Surcharge 8.00 II,,AW R-T11?5MNs Kline, 011ULILL ?-P1RK L99SSOCIATES Z"4 gp. Sworn and subscribed to before me this /35'? day of A_&l.,,cG.,. 1992 A. D. ??? ?.?????o??r 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 DEF: 5 Winchester Odne. Carlisle, PA 17013-1070 COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS RAY A. YOST Defendant NO. 996486CVL 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 $5,852.80 ATTORNEY FEES $1,170.00 PLUS ACCRUED INTEREST $360.64 LESS PRINCIPAL PAID ($0.00) LESS OTHER PAYMENTS ($0.00) TOTAL $7,383.44 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. r (,c n ?` . ' r cam: .! u.^; u.: ?aa. ?• ? c ? tT 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". 11-? VALE%X ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, °`4 /7??udgment is entered in fav'of of the Plaintiff and agains the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. ?? ?i. PROTHONOTARY 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, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COKNION PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS RAY A. YOST Defendant I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 5 Winchester Gdns. Carlisle, PA 17013-1070 NO.996486CVL NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: RAY A. YOST IMPORTANT NOTICE 5 Winchester Gdns. EXHIBIT Carlisle, PA 17013-1070 DATE OF NOTICE: 11441/99 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 COURTHOUSE COURT ADINQMS'TRATOR CARLISLE, PA 17013 (717) 240-6200 VALERIE ROSENBLUTH PARK, ESQ. PARK LAW ASSOCIATES, P.C. BY: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CC: James K. Jones, Esquice 7 Irvine Row Caclisle, PA 17013-3019 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 DEF: 5 Winchester Odna. Carlisle, PA 17013-1070 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS RAY A. YOST Defendant NO. 996486CVL 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 RAY A. YOST, Defendant is over 21 years of age; that his/her place of residence/business is located at 5 Winchester Gdns. Carlisle, PA 17013-1070 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 LA ASSOCIATES, P.C. BY: Val rie Rosenbluth Park Attorney for Plaintiff 610 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 ISt PLAINTIFFt 295 MAIN STREET TILTON, NH 03276 DEFt 5 Winchenter Odne. Carlisle, PA 17013-1070 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS RAY A. YOST Defendant NOTICE Pursuant to Rule 236 of you are hereby notified against you in the above the Supreme Court of Pennsylvania, that a Judgment has been entered proceeding as indicated below: (X] Judgment [ ] Money Ju ( ] Judgment ( ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment ( ] Judgment ( ] Judgment ( ] Praecipe by igml in in on on on on on on to NO. 996486CVL Default :nt 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. PROTHONOTARY: 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. u C . w C" ?