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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.
DEE H. YEAGER
Defendant
NO. q/ ?I
NOTICE
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 ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
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 COMMON PLEAS
i
PROVIDIAN NATIONAL BANK
295 MAIN STREET
TILTON, NH 03276
PLAINTIFF
VS
DEE H. YEAGER
282 CLARK STREET
LEMOYNE, PA 17043-2009
DEFENDANT NO. 99- '7-710 et?---t J
CIVIL 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 DEE H. YEAGER, an individual who resides at
282 CLARK STREET, LEMOYNE, PA 17043-2009.
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 4310391222301541.
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
$12,852.46 as of 09/15/1999, plus pre-judgment contractual
interest at the rate of 23.30% 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 $2,570.00.
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. Sy 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.
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WHEREFORE, Plaintiff demands that judgment be rendered in
favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the
Defendant in the amount of $12,852.46, plus pre-judgment interest
at the contractual rate of 23.30% per annum from 09/15/1999 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $2,570.00, 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.
VERIFICATION
J='LL PiJL:..I!' M declare:
I,
I am a designated agent of PROVIDIAN NATIONAL BANK, the Plaintiff
in this 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. Section 4904 relating to unsworn falsification to
authorities.
I declare under penalty of perjury that the foregoing are
true and correct.
Executed this day of , 1999 at
Alamedia County, in the State of California.
Designated Agent
PROVIDIAN NATIONAL BANK
DEE H. YEAGER
4310391222301541
929722-1
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WPROVIDIAN
Finatichil
Your Capital Cash account Uhe'Account"I is a reusable personal loan that allows you to access your account by writing checks. In this Agreement. 'you" and 'your* mean each person fat whom we
have opened a Capital Cash Account. "We: 'our; 'sun," and'ui morn First Depose National Bank or its assignee. You may not be eligible lot an Account if you at a overtime of your household already
have a credit account with us, Providian National Bank, or Peovidian Credit Services, Inc. The Account may he used only for personal, leafy, household, and charitable purposes, and not for any business t
or commercial purpose. Any use of his Account shall constitute acceptance of the terms of his Agreement. You and we agree as follows:
Special Requirement of the Account Credit Review Program. In older to keep you Account in goad standing, you agree not to significantly increase the amount of your total debt on unsecured
revolving accounts. We will review your Account and credit profile quarterly to evaluate he amount you owe relative to he amount of your hen current income. I& consider an increase in debt of mare
than !2000 to be significant, unless you have sufficient income.) II we determine that your Account is not in good standing, your Annual Percentage Rate my be increased,
Cash Advances. The Account is available only with the initial loan annunt I•cash advance'). This initial loan amount may include payments that we have made to other lenders on your behalf in order i
to transfer your other balances to his Account, checks mailed to you [or the purpose of transferring your balances to his Account. and funds electronically transmitted to other lenders to transfer balances.
wew wnlclose the tint count initial loan amunt nd have not used e
imnedite full payment on y of the balance and charges not related dtoothe initial loan amounts. oblation. mayrrequest additional cash advances by tailing theAtoil•Iree
number listed an your monthly statements. `
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 hank the check is drawn on) at least
the p due as shown en ydue statement by the payment due date in accordance with payment instrections on your monthly statement. You maY not use yaue convenience checks to make payments
on your Account ar to ma urn any other account you have web us ar our al)'diales The minimum payment due will normally be. He Z' X of the new balance shown an your statement plus the
ayreenl ke payments all amounts
amount of any past due payment plus t If e a mount hYy which the new balance exceeds your credit line plus lees for certain optional services. However, the payment, due will not be less than s ri (unless
your new balance is less Than f 15, m which case the payment duo will he the amount al the new halancel. II your payment is more than the payment due, n will be i9 our as a single payment and
noin now I will be aisg (lid to future I ayments due. We ma accept late or paniai Oavmentz, re payments fro! krid paid m lull' or marked with other resiricUOm, wilhom losing put eh l to collect
under OR YOU M'I 'A O EXTRA MI MUAT ANY TIMTE S ONLY THE AEOUIREO PAYMENT. TO PAY DOWN YOUR LOAN FASTER, YOU MAY PAY MORE THAN THMINIMUM PAYMENT
. treat
Finance Charge. Finance charges begin to accrue on a debit when it is included in the daily balance ("Balance') and continue until the balance is reduced by a payment or credit. The Balance is reduced I
by payments as of the date received, and by credits (except for reversals of fate and miscellaneous charges) as of the date posted. Debits other than finance charges are included in the Balance as of
the dales they are posted which are as follows: cash advance checks that are identified as cashier's checks that we mailed to you at your request, as of seven days alter the date we print on the check;
all other checks, as of the date presented to us: funds electronically transtritted to other lenders to transfer balances, as of the date transmUed. Other debits (except for late, finance, and miscellaneous
charges) are included in your Balance as of the date posted. Finance charges are added to your Balance each day and are then pasted on the last day of the billing cycle.
To figure, the daily finance charge we start with your previous days Balance, add all debits and subtract all credits for the current day (as explained in the paragraph abovel and multiply the net amount
by the dally periodic rate (see following paragraph). The Imance charge is then added to and included in that days Balance. We treat a credit balance for any day as tee. We determine the total finance
charges for the billing cycle by adding together the finance charge for each day within the billing cycle. To determine the average daily balance shown on your statement, add each day's Balance Including i
daily Imance charge) in the billing cycle and divide by the number of days in the billing cycle. You can multiply this average daily balance by the number of days in the billing cycle and by the daily periodic )
rate to delererine the total amount of your finance charges for the billing cycle. In calculating finance charges, an adjustment will be made for any transaction or payment that would have affected the
repaid withges. because
balance
inance charge
incurring
char the fatter don not include any late or prior billing niscensneous charges which posted are included in he gbalances shown on amounts your statemenl.giThe etiss nmy differ [tam the Balances o period within which credit ext ein co nded gamey befinance
a finance charge.
The ANNUAL PERCENTAGE RATE('APR') is 23.30%, corresponding to a daily periodic rate of .06384X.
If you do not comply with the terms of this Agreement your ANNUAL PERCENTAGE RATE MPRI will he 23.30%, corresponding to a daily periodic rate of .06384%. We reserve the right to change -
the Annual Percentage Rate calculations if you do not comply with the terms of this Agreement.
Fees. We will charge your Account up to s10 far each billing cycle within which your Account balance exceeds your credit limll. (over limit feel even if your Account is closed. We will charge your Account
up to $29 for: each returned payment check; each check you write on your Account that we return unpaid: each stop payment order or renewal of such an order; each billing cycle within which your
Account is delinquent gate chagel. ii you request copies of billing statements that were first sent to you more than thee months earlier, we may charge a handling lee of 5200 lot each copy.
Default You will be in default: if you were not eligible for the Account at the time it was opened: if you fail to comply with any part of this Agreement: it any information you gave us proves to he
incomplete or false: upon your death, bankruptcy, or insolvency; it you [ail to pay other debts when due: it a bankruptcy petition is filed by or against you: or if we believe in gaoE faith that you may
not pay or ""arm your obligations under this Agreement. On your default we may, without further demand at notice, cancel your credit privileges, declare your Account balance invnedetely due and payable,
and Inver, 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(sl disclosed in the Finance Charge section of
this Agreement, even it we have sued you to collect the amount you awe.
Credit Line. Your credit fine is specified from lime to lime in a separate notice. We may increase or decrease your credit line based on intonation we obtain from you or your credit records. Your available {
credit is normally the difference between your credit line and your Account balance Including transactions made at authorised but not yet posiedl. If you send us a large payment check, we may limit i
your available credit while we confirm that the check will clear. For certain transactions. available credit may be less. You will not use your Account for, and we may refuse to honor, any transaction
which would cause you to exceed your available credit
Promise to Pay. You promise to pay us when due all amounts borrowed when you or someone else use your Account (even if the amount charged exceeds your permission), ail other transactions and
charges to your Account, and collection costs we incur including, but not finned to, reasonable attorneys lees and court casts. III you win the suit, we will pay your reasonable attorney's fees and court i
costs.) n of
change dale and new wh finance ether
this charge calcul tion will applany y to youriwhole Accoue balance frometheeeffective idate of the cha9notice has required b law. 11 ether or not he balance'cdades,e im ousted in Cla,,e, Account befa a thAgreeraven
or not you continue to usey tthe Account.
Cancellation of Account As any time after at least 30 days notice to you, or without notice it permitted by law. we may cancel the Account and your credit privileges. If your Account is cancelled,
finance charges and other fees will continue to he assessed. payments will continue to he due, and all other applicable provisions of this Agreement will remain in a sect. You may cancel your credit
grivileges by notifying us in writing and paying your entire statement balance by the payment due dale on the statement which includes your final checks, cash advances, charges, and fees. You will still
e responsible lot paying any accrued finance charges. It your credit privileges are cancelled you may no longer write checks on your Account, and you should destroy any unused checks we have issued
to you.
Personal Information; Documents. You will give us at least 10 days notice it you change your new. home or mailing address, telephone numbers, employment or income. You will promptly give us
information about your financial affairs it we ask for it. We may get such information Irom others, including credit reporting agencies, and provide your address and information about your Account to
, ..v,.s nn ,, not in share credit information with our affiliates if you laic to fulfill any of
your obligations under this Agreemenl, a negative cremr report reneun,y w, Ium ?, cum ,_..,...nr .. •°•°••••_ ._ ..__.-
Customer Service: Unauthorized Use. Loss, or Theft of Checks. You will safeguard all checks issued in you from theft. If you discover or suspect that any unused checks are lost or stolen, or that
(here may he an unauthatited transaction on your Account, you will notify us promptly by telephoning 1.800,964.9212. You will phone, even though you may nobly us in writing, so we can act fast
to lint losses and liability. It you report or we suspect unauthorized use of your Account, we may suspend your credit privileges until we resolve the problem to our satisfaction. To improve customer
service and security, you agree that your calls my W rumiloril or recorded.
Slop Payment Orders. ii you wish to slop payment on a check, you may send us a slop paymeni alder by writing to us at our address lot customer service listed on your bill. You can make a stop
payment order orally by callml the number listed on your slatewril. When you make a stop payment order, you must provide your Account number and specific infomaton about the check: the exact
amount, the date on the check, the name of the party to whom it was payable, the name o[ the person who p ned it. and the check number. You will he asked to confirm an oral slop payment order
in writing. We may diveoard Your oral aide it we do of receive a signed written conlawlion within two_weeks after the oral order or it you have not adequately described the item in that payment
nn.nlR nnommnnv laarr nn tin nrdv. we m•v Wnl+nut liability, disregard a written
slap payment alder six months alter receipt unless it is renewed in writing.
58510598 11 - ;hT
88 ups
CAPITAL CASHe
Account Agreement lot Gee H Yeager
Standard of Care. Transactions in your Account will he processed mechanically without our iiecessanly reviewing every item. Our processing system will call our attention to certain items which we
will examine. We will martian all transactions when you report that your checks have been lost at stolen. We do not intend ordinarily to examine all items, and we will not he n`ifI gem it we do not
do so. This rule establishes the standard of ordinary care which we in good faith will esetcise in administering your Account. Because of our limited review, and because your cancelled checks will not
he returned la 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 agree to check vaut not mhly starenmms Ammar
you, cc. it and nr ei ly s Oro all, el any na thorited transactions or affair.
Waiver of Certain flights. We may delay or waive enforcement of any provision of this Agreement without lasing our right to enforce it or any other provision later. You waive: the tight 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 before we sue you.
A plicaLle Law, SeverahY. Assignment. Na molter where you live. This Agreement and your Account are governed Oy federal law and by New Hampshire law. The Agreement a a final mpmsdan
al the agreement between you and us and may not he contradicted by evidence of any alleged oral agreement. At any time alter we delermne in goad faith that any Proposed 0r enacted legidalion,
regulatory action, er'rydicial decision has rendered or may render any material prevision of this Agreement invalid or unenforceable, or impose any increased tax. reporting regmrement, or other harden in
connection with any such provision or its enforcement, we may, alter at least 30 days police to you, ar without notice it permitted by law, cancel the Card and your credit prleges and declare your
Accaunl balance immediately due and psyahle. It any prevision of this Agreement is held to be invalid or unenforceable, you and we will consider Thal provision modified le confar' to apPlfcahle law,
and the fast of the provisions in the Agreement will salt be anlorceabfe, but we will have the right to cancel your Account and declate your balance immediately due, as provided in the preceding sentence.
Y1. may transfer or assign our fight to all or same al your payments. II state law requires I h a t you receive native of such an event to prated the purchaser re r asmgnr e. we may give you such notice
by tiling a Imancino statement with the 'far 's Secretary al State.
Notices. Other notices to you shall be elfective when deposited in the mail addressed to you at the address shown on our records. unless a longer notice period is specified in this Agreement or by law,
which period shall start upon mailing. Notice to us shall be mailed to our address for customer service an your statement (of other addresses we may specilyl and shall he effective when we receive it.
Your Billing Bights - Keep This Notice for Future Use
This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.
Notify Us in Case of Errors or Questions About Your Bill. If you think your bill is wrong, at it you need more information about an entry on your bill, write us. an a separate sheet, at our address
for customer service listed on your hill. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first hill on which the error or problem appeared. You can
telephone us, but doing so will net preserve your rights.
In your letter, give us the following: • your name and Account number - the dollar amount of the suspected error.
Describe the error and explain, it you can why you believe there is an error. If you need more information, describe the item you are not sure about.
Your Bights 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 either correct the error or explain why we believe the hill was correct. Alter we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue
to hill 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 pairs of your bill that are not in question.
If we find that we made a mistake an your bill, you will not have to pay any finance charge related to any questioned amount. II we didn't make a mistake, you may have to pay finance charges. and
you Y' have to make up the missed payments an the questioned amount. In either case. we will send you a statement of the amount you owe and she date that it is due. It you fail 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 refuse to pay, we =at tell anyone
we report you to that you question your hill. And, we most tell you the name of anyone we reported you to. We must tell anyone we report you to that she matter has been milled between or when
it finally is. II we don't follow these rules, we can't collect the first $50 of the questioned amount, even it your hill was correct.
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VALERIE ROSENBLUTH PARK, ESQUIRE
Attorney I.D. #72094
PARK LAW ASSOCIATES, P.C.
25 E. State Street
Doylestown, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
PROVIDIAN NATIONAL BANK
Plaintiff
VS.
DEE H. YEAGER
Defendant
CUMBERLAND COUNTY
NO.99- 7910 ' Gr lblL
PRAECIPE TO WITHDRAW THE COMPLAINT WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly withdraw the Complaint in the above captioned matter
without prejudice upon payment of your costs.
PARK LAW ASSOCIATES, P.C.
BY: / zn
VAL IE ROSE PARK, ESQUIRE
ATTORNEY FOR PLAINTIFF
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