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Home My WebLink About01-6090VALERIE 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIANNATIONALBANK Plaintiff VS. SHIRLEY M ATKINS Defendant NOTICE NO. OI -- 970 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 10se money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (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 ACT# :4310390722500214 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONALBANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS SHIRLEY M ATKINS 73 PARTRIDGE CIRCLE CARLISLE, PA 17013-8751 DEFENDANT CIVIL ,aCTION The Plaintiff, PROVIDIAN NATIONAL BANK, 1. is a national banking association organized and existing under and by virtue of the laws of the United States of America. Plaintiff solicits and maintains consumer credit accounts in Pennsylvania and is the owner of this account, which is the subject matter of this action. 2. The Defendant, SHIRLEY M ATKINS, has a mailing address at 73 PARTRIDGE CIRCLE, CARLISLE, PA 17013-8751, 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 4310390722500214. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY iNFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 4. The Defendant requested an account, account number 4310390722500214, which is owned by the Plaintiff, and an Account Agreement was sent to the Defendant. A copy of the Agreement is attached hereto as Exhibit "A" and made a part hereof. 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 $4,117.49 as of 09/28/2001, plus pre-judgment contractual interest at the rate of 23.90% 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 $699.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $4,117.49, plus pre-judgment interest at the contractual rate of 23.90% per annum from 09/28/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $699~00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT i- ALTEP-NATIVE 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 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 judg~nent be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and a~ainst the Defendant in the amount of $4,117.49, plus pre-judgment interest at the contractual rate of 23.90% per annum from 09/28/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $699.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. VALERIE ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED T~AT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VERIFICATION I, DELORES CHARLES , declare that: 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 at Alameda County, Date in the State of California. Designated Agent SHERIFF'S RETURN - REGULAR CASE NO: 2001-06090 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS ATKINS SHIRLEY M SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ATKINS SHIRLEY M the DEFENDANT , at 0858:00 HOURS, at 73 PARTRIDGE CIRCLE CARLISLE, PA 17013 SHIRLEY ATKINS on the 30th day of October , 2001 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this ~ ~ day of ~.~ o2.*:~ / A.D. / / Prothonotary · So Answers: R. Thomas Kline 10/31/2001 PARK LAW ASSOC. Deputy Sheriff PLAINTIFF : CIJMBERI,AND COUNTY, I'ENNSYI,VANIA : V. : 01-6098 (!IVIL ACTION LAW MICHELE R. MIELE DEFENDANT IN CUSTODY ORDER OF COI!RT AND NOW, Monday, November 26, 2001 ., upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, (.'amp Hill, PA 17011 on Monday, December 17, 2001 at 1:00 PM lbr a Pre-Hcaring Custody Conference. At such conference, an el¥ort will be made to resolve the issues in dispute; or if this cannot bc accomplished, to define and narrow thc ~ssues to be heard by the court, and to cuter into a temporary order. All children age five or older may also be present at lhe conference. Failure to appear at the conference may provide grounds for entry ora temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Me!issa P, Gr_e~v.,y,_Esq.~Nk_____ Cuslody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infomaation about accessible lhcilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business bet'ore the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT ItAVE AN A'ITORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TltE OFFICE SET FORT}t BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pmmsylvania 17013 Telephone (717) 249-3166 VALERIEROSENBLUTHPARK ATTORi~EY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIA/~ NATIONAL BANK Plaintiff VS SHIRLEY M ATKINS Defendant NO. 01-6090 STiPULATION AND SETTLEMENT AOR~M~NT AND NOW, this /~7~ day of~, 2001, this stipulation is between SHIRLEY M ATKINS, the Defendant and PROVIDIAN NATIONAL BANK , the Plaintiff, and all parties hereto have consented to this Stipulation and the parties agree as follows; 1. Interest will be assessed at 6% per annum upon filing of this Stipulation and Settlement Agreement. Defendant will pay the balance of $5,168.24 plus interest at the contract rate of 23.90 percent per annum from January 8, 2002 until the Stipulation is filed. 2. The first payment of $150.00 is to be received on or before 01/25/2002; 3. Thereafter, Defendant will pay this office the sum of $150.00 on or before 02/25/2002, and on the same day of each month thereafter until Defendant's obligation including interest and costs has been paid in full; 4. Defendant will make your checks/money orders payable to Park Law Associates, P.C., attorneys for PROVIDIAN NATIONAL BANK, and mail all checks/ money orders to: PA~K LAW ASSOCIATES, P.C. 25 E. STATE ST. P.O. BOX 1779 Doylestow~, PA 18901 5. Time shall be of the essence so that in the event Defendant does not make any of the requested payments in a timely manner, this Stipulation shall be deemed to be in default and Plaintiff may proceed to file judg~nent against Defendant for the remaining unpaid balance upon the CONDITION that Defendant does not cure the default within thirty(30) days. Park Law Associates, P.C. Valerie Rose~nbluth Park, Esquire Attorney For Plaintiff BY: ~/~/~ ~/~ r Gr~g°ry/~./du~ler, Esqui e Attorney for Defendant SHIRLEY M ATKINS hereby acknowledges that I have received a true and correct copy of the Stipulation, ratify same, have had opportunity to consult an attorney, and execute this Stipulation willingly, and knowingly, thus that it shall be made an Order of Court. ,SHIRLEY M~TKINS / Defendant THIS IS AN ATTEMPT TO COLLECT A DEBT. USED FOR THAT PURPOSE. ANY INFORMATION OBTAINED WILL BE