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HomeMy WebLinkAbout01-0566VALERIE 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 C05~40N PLEAS PROVIDIANNATIONAL BANK Plaintiff VS. BRENDA L. DIMPSEY Defendant NOTICE NO. ¢/- You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VALERIE ROSENBLUTH PARK ATTOR/qEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWlq, PA 18901 (215) 348-5200 'ATTORAIEY FOR PLAINTIFF ACT#:4310390318106632 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS BRENDA L. DIMPSEY 82 LINDA DRIVE LOT 12 MECFIkNICSBURG, PA 17055-1547 DEFENDANT NO. 0/'3~o& CIVIL ACTION 1. The Plaintiff, PROVIDIAN NATIONAL BANK, 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, BRENDA L. DIMPSEY, has a mailing address at 82 LINDA DRIVE, LOT 12, MECHANICSBURG, PA 17055-1547. 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 4310390318106632. 4. The Defendant requested an account, account number 4310390318106632, which is owned by the Plaintiff, and an Account Agreement was sent to the Defendant. A copy of the Agreement is THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 $4,132.62 as of 08/03/2000, 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 $702.55. W~EREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $4,132.62, plus pre-judgment interest at the contractual rate of 23.30% per annum from 08/03/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $702.55, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT I- ALTERNATIV~ 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 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 $4,132.62, plus pre-judgment interest at the contractual rate of 23.30% per annum from 08/03/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $702.55, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. VAL'ERIE ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. a Designated Agent this action, and I on its behalf. I have read the contents thereof; that the same VERIFICATION MONICAYANKOWSKI , declare that: I am of PROVIDIAN NATIONAL BANK, the Plaintiff in am duly authorized to make this verification foregoing complaint and know the is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in the State of California. Date Designated Ag~t CAPITAL CASH' EXHIBIT Account Agreement for Brenda L Oimpsey ~r Capital CasS account (the 'Accou. nt"}.is, a rau.seble ~erson. el I.con that allew$ you to access your account by writing checks. In this Agreement, "you" and "your" mean each person for whom we e opened a Capital Cash Account. Wu, our," ours, and us moon First Deposit National Bank or its a~gnen. You may not be eligihin for an Account if you or a member of your household already a a credit account with us, Previdlen National Bank, or Providisn Credit Swvic~, Inc. The Account may be used only for personal, family, household, and charitable purposes, and not for any business mmmarcial purpose. A~ty use of this Account shag constitute acceptance of the terms of this Agrmomnt. You and we agree as follows: ~alol Requirement of tho Account: Crwilt Ravimr; Program. In order to keep you Account in good standing, you agree not to significantly increase the amount of your total debt on unsecured riving accounts. Wa wiB review your Account and credit profile quarterly to evaluate the amount you awe relative to the amount of your then current income. Ma considw an increase in ddot of more n $2,000 to be significant, unless you have sufficient income.} If wa determine that your Account is not in good standing, your Annual Percentage Rate may be increased. ~h Advancu. Tho Account is available only with the initial loan amount ('casS advance'). This initial lea~t amount may include payments that wa have made to other lenders on your behalf in order :ransfm your other halencev to this Account, checks maiisd to you for the purpose of transferring your bainecec to thio Account, and funds electronically transmitted to other isndms to transfer balancex. ~suer, if you mjent the initial ioao amount and have not used the Account, we will close the Account and you will have no obligation. If you reject the initial loan amount but have used the Account, will close the Account and dmoand kmoediato full paymaat only of the balance and charges not related to the initial loan amount. You may request additional cash adv~ncec by calling the toll-free r~w listed on you~ monthly sththmmtts. fmento. You will receive a manthly statement showing your outstanding balance. You will pay us in U.S. doEora )checks most bo payable at a U.S. office of the bank the chack is drawn on) at least paymant due os ssown on your etetematt by the payment due dote in. enccrdanco wit.h..paymant lest~ctiona on your monthly statmtmnt. You may not use your convenience checks to make payments your Account or to make poymoats on any other account you have w~th ua or our affdmtec. The rmmmam payment ~lue will normally be: 2.0% of the new balance ssown on your etetement plus the runt of any past due payment plus the amount by which the new balance exceeds your credit line plus fees for certmo optional services. Howevw, thapayment due wig not be isss than t 15 {unless ~r new balance is less than $*15, in which case the payment due will be the amount of the new balance). I! your pay.n~_nt is mare than the payment due, it will be treated aa a single payment and ~a of it will be applied to futurepoymanta due, We may accept late or partial payrnents, or payments marked paid in f~ll or marked with other restrictions, without losing our right to col oct a amounts inn under this Agreemmtt. THEMINIMUM PAYMENT IO ONLY THE RERUIRED PAYMENT. TO PAY DOWlg YOUR LOAN FARTER.. YOU MAY PAY MORE THAN THEMINIMUM PAYMENT YOU MAY BEND EXTRA PAYMENTS AT ANY TIME. ' once Charge. Finance charges b~gin to accrue on a debit when it is included in tho daily balance ('Balance') and continua until the balance is reduced by o payment or credit. The Ba¼nco is reduced payments as of the date received, arid by credits (except for reversals of late and miscollanenu, a char.Dec) as of the detB posted. Debits othw than finance charges are included in the Balance as of dates they am posted which are as follows: casS advance checks that are identified aa cosSisrs SSechs that we roared to you at your request, os of seven days after the date wa print on the check sther checks, aa of the date presented to u~ funds electronically transmitted to other lundws to transfer balances as of the date transmit ed. Other debita except o a e nonce and misceltaneous rges) are included in your Balance aa of the date posted. Finance chorgsu are added to your Balance each day and ara then posted on the last day of the bllhng cycle. figure the daily rmanch charou wa start whh your previous day's Balance, add all dsshs arid subtract all cr~Jts for the cut,mit day aa explained in the paragraph above and mot pry he fie arrmun the daily pedodlu ratu (see following paragraph). The finance charge is then added to and included in that day s Balance. We treat a credit balance for any day as zmo We de ermine the total flcance ~thes for tho billing cycin by adding togwher the finance charge thr each day whlun the hllllug cycle. To determine the average dogy balance ssewn on your statemant add each day's BO once (Nec ud ng ly finance charge) in the billing Cycle and divide by the number of days in the billing cycle. You can multiply this average daily balance by tho r~umber of days in the bggng cycle and by be da y per odlc r to detmmpm the total amount of )'our finance charges for the billing cycle, in calculating finance charges an adNetmant will be made for any ransac on o payment that would have affected the inca charge calculation in a prior billing cycle had it been posted in that cycle. The balance amounts shown on your a atemant may d f e f om ha Oa encee used n comput ng f nonce charges, hacou~ attar do not include any late or misessan~oua charges which are lucinded in the balances shown on your statenlent. There is no perind within which credit extended may be repaid without incurring Nuance charge. ~ ANNUAL PERCENTAGE RATEI"APR') ia 2B.30%, corresponding to a daily periodic rate of .06384%. ,au do not comply with the terms of this Agreement your ANNUAL PERCENTAGE RATE APR) wig be 23.30%, correspundino to a daily periodic rate of .06384'~. Wa toss,ye the right to change Acnua Percentage Rate calculations if you do not comply with the terms of this Agreement. ~e' Wa will charge your Account up to $10 for each billing cycle within which your Account balance exceeds your credit limit, (over limit fen) even if your Account is closed. We will cherOu your Account to $2.9 for:. each returned paymam check; each check you wr~to on your Account that we return unpaid: each stop payment order or renewal of such an order; each bNing cy~ w th n wh SS your faul.t. You,wi be in defauit~ if .yo.u w. wa not eligible .for the Account.at the tJn~ it w.a) ope.ned; if you. fall to comply with any part of this Agreement; if any info matinn you gave us proves to he tinplate or raise; upon your oentn, DenKruptcy, or insurvency; if you fab to pay other evbts When due: if s bonluuptcy petition is filed by or agalnet you: or if wa believe ib good faith that you may L~oy o.r perform your obigatinna undw this Agreement. On your default wa may, without further demand or notice, conco/your credit prluiino~ declureyour Amount halenco innately dca and payable i invoKe any remedy we may have. In the event of your oefault, tho outstanding hainnco on your Account ssell continue to encme interevt at the APR)s) d~lused in the FinanceChor a saurian of ; Agreement. even if we hove sued you to collect the amount you owe, B Ld. lt Uno. Your credit line Js specified from time to time in a separate notice. We may incrensa or decrease your credit gna based on nformet on we obtain from you or your credit records. Your avaiichis cid is normally the difference betwenfl your credit line and your Account halenco (including transactions made or authorized but not yet posted. If you send ua a large paymaflt check we may mit n available modit while we confirm that the chach will cigar. For certain h'ccseetlens, evagable crmbt may be less. You will not use your Account for, and wa may refuse to honor, any transaction ich would cause you to exceed your available credit. imiul to Pay. You promise to pay us when due all ernounta bestowed when you or someone else u? your Account (suen if the amount charged excaeda your permis~n), all other t aflsec leas and roes to your Account, and collection costs wa incur including but not Emited to renseflabin attorney s fens and court coats. (I you w n the su, wa whl pay your reasonable attorney's fees and court ts.) iflgea. Wa may change any part cf this Agrewnent or add or rmoova mquimmanta after notice as required by law f we change the Finance Choreas section of this Agrecrnent, tha new finance rge calculation v,~ apply to your whole Account halancu from the effective date of the change, whether or not the hsfance includes items posted to Your Account before she chaafle dste and whether mt you continue to use the Account. icalletJou of Account. At any time after at Ieaet 30 days notice to you, ur without notice if permitted by Iow we may cancel the Account and your credi priv luges you Account is conceged i~e charges.~.d othe.r feea ?gl continue to bu a~essed, paymmlta will continua to be due, and ag other appbcoble provisions of this A~renment whl remain in effect. You may cancel your credit ge9subyn~tdymgusmwritIn~andp~Yin~y~urentitest~temen~bala~cebythePaymantduad~thentheet~teme~twhinhinc~ndesy~urfma~checks cassadvences,chargsu, and ens Youw sti~ respoevibin for paying any accrued finance chargea. If your credit pfiviinOec ore cancelled you may no longer write checka on your Account, and you mould destroy any unuaed checks we have issued $on~l IflformoUon: Documents. You will give us at least 10 days notice if you change your nsma, home or mailing address, telephone numbers, employmam or income. You will proIrqotly give us ~rlllatlOfl about your financial affairs if we ask for it. We maY.Oat such information from others, lucludleg credit reporting oOencies, andpmvido your addmse and information about your Account to B~s, Wa may also sSam such information with our affiliates. However, you may w~te to us at any time instruction ua not to share credit information with our affEleten. If you fail to fulfill any of r obligations under this Agreement, o engativu credit report reflecting on your credit record may ha subrmted to credit reporting agencins. ;tamer Ren~thu; Unouthoricod Uue, Loll, or Thuft of Checks. You will sefeBuard ag chenha issued toyou from theft. If you disuever or suspect the any unused checha me est o sro cc or that re may be an unauthorized transaction on your Account you will notify us promptly by telephoning 1-800-064-9212 You w phone, eve~ though you may notify us in writing, se we can oct fast irnit losses and liability, if you mport or wa suapent unnutherized use of your Account, we may suspend your crud priv eosu ufltg we resalve the groblem to our satisfaction. To improve custnm~ ~ine and security, you agree that your coils may be monitored or recorded. p Paymm~t Ordecs. If )'au wish to stou. po)'mant on a chenlc you may send aa a stop payment order by writing to us at our address for customer service listed on your bill. You can make a stop mant order orally by uogln0 the flumbw Usted on your stetmomlt. When you make a atop payment order, you must provide your Account numbe~ and specific infon~atlon about the check: the exact rant. the date on the chech, thu nome of the party to whom it wen payable, thu nome of the pwsen who signed it, and the check number. You will ha oaked to confirm an oral stop paymen o de v.riting. We may dis'enard your oral order if we do not recelvu a sinned written confirmation within two weeks after the oral order or if you have not odequathly de~'.dbed the item so that payment Da stopped by our computw. The order will not bo effective if the check wen paid by us before we had o renseneple opportunity to act on the ordec Wa may, w thou isb ty d ~rage d a written ]payrnent order six mofltha aftw receipt uninse it ia renewed in writing. 0598 Standard of Care. Transactions in your Account will be processed mechanical'/without our necevsu~fl'/fevimoing eve~ item. Nur processing system wig carl our atteetldn to certeic items which we will examine. We will examine ail transactions when you report that your checks have been lost er Stolen. We ;Io net intend ordinarily to examine all its~ns, and we wgl not be nugfigeet if we do net Jo so. This rule ostshgthes the standard of ordinary care which we in good fahh wgl exercise h~ administering your Account. Becenee ef eu~ limitml review, and banuure your cancelled checks will not ]e rutumed to you whh the monthly statement, you should be careful to ester ail checks in your cheek register or otherwise kec~ a record of thom. You agree to cheek ydur monthly statom~ta against tour r~nurd and to nuti~ os erempfiy of any unauthoitzed transactions or revere. ~Vaiver of Cmlaln Rights. We moy delay or waive eeforcemeet of any previdnu ef tMs Agreement without losing our ~ht to enforce it er any ether prevision later. You waive: the right to presentment, ~emand, protest, or notice of dishonor; any applicable statute of limitatrens;, and any ~ght you moy have to require ua to proceed against anyone before we sue you. hj~plicable Law;. Saverobifity;. Assignment. No matter where you live. this Agreement and your Account are governed by federal law and by New fiamilshire law. The Agremnect is a final expression rtthe agreement botwesu you and os and may not be contradicted by evidence of any ali.eqed ores agreement. At any time attar wa determine in geed faith that any prepeead or enacted legislation, 'eguiatory action, or judicial decision has rendered or may render any material provision of th~s Agreement kwer~l er unenforceable, ut h~oee any increased tax, reporting requinulemt, or othetburdee in :cnnection with any such provision or its enforcement we may, after at least 30 days notice to you, or without notice if pmmittad by law, cancel the Card and your cl'edit privileges and declare your ~ccouut balance immediately due and payable, if any provision of this Agremnent is held to be invalid er unenforceable, you and we will con~dw that ~ovldldn rnodiflad ta csufurm to a~licabld ldw, 3nd the rest of the provisions in the Agreement will still be ee forceshld, but we will have the ~ht to cancel your Account and declare yom' balance immadlete~/due, aa provided in the preceemg sentence. Ne may transfer or assign our riqht to ali or soma of your poyments, if state law requires that you receive notice of such an event to protect the purehese~ or assignee, we may give you such notice )y filing a financing statement with the state's Secretary of State. Motices. Other notices to you shall be effective whee rieposited in the mail addressed to you at the address shown on our records, unieee a icnger 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 custemer servine on your statement (or other addresses we may egecify) end shall be e fectice when we recmve it. ~'our Billing Rights - Keep This Notice for Future Use This notice contains important information about your rights arid our responsibilities under the Fair Credic Bilin6 Act. Motify Us in Case of Errors or Quent~onu About Your Rill. If you think your bill ia wrong, or if you need more irdorntatldn about an eetrf on your bill, write us, on a separate sheet, at our address for customer service listed off your bill. Write to us as soon as possible. We must hear from you no later than 60 days after we smTt you the fbst bill on which the rorer er problem appeared. You can tsiephone us, but doing su wil/nut preeerve your rights. In your letter give ua the following: * your name and Account number - the dollar amount of the suspeeted erTor. ~ 0esc~e the rorer and explain, if yon can why you believe there is an error. If you need moro nfurnmtinu, deeeribe the item you are not sure about. t'our Rights and Our Reobonuibifitien After We Receive Your Written lletinu. We must acknowledge your latts~ within 30 days, unless we have corrected the error by then. Within 90 days, we ~st e;ther correct the error or explain why wa believe the big was correct. After we receive your letter, we cannot try to COVA~Ct any amount you que~ee, or rsport you as degngusut` We can continue to bail you for the amount you question, including finance charges. We can a~ply any unpaid amount against your credit [me. You do not have to gay ~ny qusufianed amoent whde we are icvestigeting, Jut you are st~ obligated to pay the parts of your bill that are net in questmn. If we f'md that we made a n~take on your bill, you will not have to pay any finance charge related to any questioned amount, if we didn't make a mistake, you may have te pay finance charges, and leu w~ have to make ug the missed payments on the o,~estldned amount. In either case, we will send you a statemmtt of the amaontyou owe and the date that it is due, if ynu full to pay the amount we th~k you owe, we may report you as delinquent. Hewever, if our explanation does not eefisf'/'~nu and you write to us within 10 days tailing us that you still rofuee to pay, we mast tell anyone wa report you to that y, nu question your hill. Anri we mast tell you 1ha name of anyone we rg~orted you to. Wg mast tell anyone we report you to that the mattw has been setlldd between us when t finally is. If we dent follow these relas, we can't collect the first $50 of the questioned amount, even f your b was correct. EXHIBIT 1 ~ a~ ~he Capi~l t~h ,M~t ,~ment (which ~ ~ ~]~t m ~ ~t I ~ll h(~e n. (~lffi)n il' [ ~'tu~ thc cht<k un~ a~er B~enda ~. 8805 Ca~£8~e Road D£m~ey 41225012 kJel. laville, PA 17365-97q, 0053 51~1C1 ZC1AO GY317 ICGCM glflalR OCHB MC:AD A~:OO 1 2- Rese~va~onl 181-5##9-18a1-8 SHERIFF'S RETURN - REGUI~AR CASE NO: 2001-00566 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS DIMPSEY BRENDA L CPL. MICHAEL BARRICK Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, on the LOT 12 was served upon the 6th day of February , by handing to true and attested copy of COMPLAINT & NOTICE together with says, the within COMPLAINT & NOTICE DIMPSEY BRENDA L DEPENDANT , at 0005:27 HOURS, at 82 LINDA DRIVE MECHANICSBURG, PA 17055-1547 KEN REISINGER a 2001 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.58 Affidavit .00 Surcharge 10.00 .00 33.58 Sworn and Subscribed to before me this /2~ day of ~.. e2~,~ / A.D. thonotary / So Answers: R. Thomas Kline 02/07/2001 PARK LAW ASSOCIAT~ES ~/ De~ut~eri f'f-- -- 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: 82 LINDA DRIVE MECHANICSBURG, PA 17055-1547 4310390318106632 CUMBER3_4tND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS BRENDA L. DIMPSEY Defendant N0.01-566 PEAECI~E FOR JUDGMENT TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS $4,132.62 $702.55 $601.49 ($o.oo) ($30.92) TOTAL $5,405.74 PLUS ADDITIONAL COSTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DD34AGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto ~d m~arked Exh~~ 1rALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, ~/~9~ ~ , ~6bO{ , Judgment is entered in favor of the Plaintiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. PURSUANT TO THE FAIR DEBT COLLECTION PP~ACTICES 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 TFIAT 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 I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 82 L1NDA DRIVE MECHANICSBURG, PA 17055-1547 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS BRENDA L. DIMPSEY Defendant NO. 01-566 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: BRENDA L. DIMPSEY 82 LINDA DRIVE MECHANICSBURG, PA 17055-1547 DATE OF NOTICE: 3/7/01 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TI-I/S 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 TBIS 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR CARLISLE, PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P.C.~..~ VALERIE ROSENBLUTH PARK, ESQ. CC.' THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT 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 TF~AT THE TRUE ~ CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 82 LIN-DA DRIVE MECHANICSBURG, PA 17055-1547 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BA/~K Plaintiff VS BRENDA L. DIMPSEY Defendant NO. 01-566 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 BRENDA L. DIMPSEY, Defendant is over 21 years of age; that his/her place of residence/business is located at 82 LINDA DRIVE MECHANICSBLrRG, PA 17055-1547 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_.~qailors Civil Relief Act of Congress of 19~0 and its amend.~e~s. BY: [/ ~ Valerie Rosenbluth Park Attorney for Plaintiff El0 VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 82 LIN]DA DRIVE MECHANICSBURG, PA 17055-1547 CUMBERLAND COUNTr. Y COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS BRENDA L. DIMPSEY Defendant NO. 01-566 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: [X] Judgment by Default [ ] Money Judgment [ ] Judgment in Replevin [ ] Judgment in Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings [ ] Judgment on District Justice Transcripts [ ] Judgment on Judgment Note [ ] Judgment on Writ of Revival [ ] Praecipe to Reassess Damages IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P,C. at this telephone number: (215) 348-5200. PRG~THONOT~.ARY: ~ PURSUANT TO THE FAIR DEBT COLLECTION PR~UTICES 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.