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HomeMy WebLinkAbout01-0818VALERIE 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 PROVIDIANNATIONAL BANK Plaintiff VS. GEORGE E WAGNER Defendant 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 W~ERE YOU CAN GET LEGAL HELP. CUMBER_LA_ND 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 ATTOP~NEY 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#: 4428001172113551 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS GEORGE E WAGNER 792 PETERSBURG RD CARLISLE, PA 17013-9218 DEFENDANT NO. CIVIL ~CTION PROVIDIAN NATIONAL BANK, is a national banking 1. The Plaintiff, 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, GEORGE E WAGNER, has a mailing address at 792 PETERSBURG RD, CARLISLE, PA 17013-9218, 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 4428001172113551. 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 4428001172113551, 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 $14,039.13 as of 10/12/2000, 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 Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $2,386.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $14,039.13, plus pre-judgment interest at the contractual rate of 23.30% per annum from 10/12/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,386.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT I- ALTERNATIVE 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 judgment be rendered in favor of the Plaintiff, PROVIDIAN NATION/LL BANK, and against the Defendant in the amount of $14,039.13, plus pre-judgment interest at the contractual rate of 23.30% per annum from 10/12/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,386.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY:V~ARK, 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. VERIFICATION HEATHER KOr)RFMAN , declare that: I of PROVIDIAN NATIONAL BANK, the Plaintiff Date true and correct. Executed at Alameda County, Designated Agent alifornia. I, am a designated agent 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 PROV1DIAN Financial Pra¥idian Nafieaal Bank VISA® or MasterCar~ Account A~eement for George B Wagner ' aepterffber2?,2000 EXHIBIT Please review this document and keep it with your other Jmgedant papers. This Account Agreement contains the lerms which govern your Providian National Bank VISA or MasterCard Account (the "Account") The Account allows you to make purchases by using your VISA or MasterCard card (the "Card") wherever it *s honored and to get cash advances from us or any other Participatir financielinstdutieaand fromAutomstedTellarMechines Convemencechacks may also be provided ta you as an additieaa way o use the Account In this Ag eement 'vou'and'vour'rnean each person for whom we have opened a s edit card Account We our, ours and us mean Prowdian Nat~eaal Bank or ~ls assignees, as hsled on your tslJ~ng statament The Accounl may ~ used only for personal, family, household, and charitable purp<~es, and not for any business or commercial purpose Any use of this Account shall constitute acceptance of the terms of this Agreement You and we agree as follows: Payments. You will receive a monthly statement showing your outstanding balance Payment on this Account is required in US dellam checks must be payable at a U.S office of the bank the check is drawn on) for at least the payment due as shown on your statement by the payment due date in accordance with payment instructions on your monthly statement The back of your statements shows the rules we follow when we post payments. Convenience checks and other checks we issue to you may not be used to make bayrnents on your Account or to make payment on any other account you have with us or our affiliates. The payment due will be: 2% of the new Palanca shown on your statement plus the amount of any past due payment and may include the amount by which the new balance exceeds your credit line However, the payment due will not be laos than $15 unless your new balance is less than $15 in which case the payment due will be the amount cf the new balance) If your Account is past due or above the credit line, we may require a highar minimum payment, but we will notify you before doing so If ye, ur payme?,! is more ha thepaymentdce'~twfiIbefrostedasasingIepaymentandnoneoIltwii~beapp~iedt~futurepeymentsdueWemayacca~tlate~rhar~ia~payments orpaymentamaked pad nfu ormarked with other restrictions, without losing our right to collect all amounts owing under this Agreement Finance Charges, Except as descdbed in the Grace Period for Purchase Balance section of this Agreement finance charges begin 1o accrue on a debit when is nc uded n one o you da ly balances and continue until that haisnce is reduced by a payment or credit Your Account has the following balances: The Purchase Balance, which consists of your existing Purchase Balance and new purchases you make with your Card and fees for certain optional cen/ises; one or more Custorn Cash Advance Balances which consists of balances that you transfer to your Account usrng balaose transfer checks and balances that we transfer for you; and the Cash Advance Balance which consists of all other cash advances and cash advance transaction fees. Any paymen amount we receive that exceeds the finance charges and fees then due witl ordinarily be applied first to the Balance with the lowest Annual Percentage Rate APR) until that Balance is zero and then to the Baianou with the next lowest APR, until tha Balance is zero, and hen o any remaining Balance. We reserve the righ to apply payments differently without fudhar notice The Purchase, Custom Cash Advance, and Cash Advance Balances are reduced by payments as of the date received and by credits as of the date peated~ Purchases are included in your Purchase Balance as of the date made Custom cash advances are included in your Custom Cash Advance Balance as fuJJow$: funds efectronisally transmitted to other lendem to transfer balances, as of the date transmitted; checks to transfer balances as o1 the date presented to us Other cash advances are included in your Cash Advance Balance as follows cash advances from o her financial net tut oas and through Automated Tefiers, as of the date made; cash advance checks made payable to you that are identifified as cashier's checks and mailed to you at your request, as of seven days after the date we pdnt on the check; all other checks, as of the date presented to us, Other debits are included in your Purchase, Custom Cash Advance or Cash Advance Balance as of the date p3sted. Finance charges are added to your Purchase Custom Cash Advance and Cash Advance Balances each day and are then posted on the last day of the billing cycle There is no grace period for custom cash advances or other cash advances To figure the daily finance charge for each type of Balance we start with your previous day's Baisese add all debits and subtract ail cred ts for !he cur en day and rnu ply he ne amoun by he applicable daily periodic rate (see lellowing paragraphs), The finance charge for each type of Balance is then added to and included in that day s Balance We tree acred ba anco o any day as zero. We determine the total finance charges on balances for the billing cycle by adding together the finance charges for each type of Balance for each day within the bilfing cycts In calculating finance charges, an ad ustment will be made for any transaction or payment that would have affected the finance charge calculation n a p o b ing cycle had i been pos ed in ha cyc e The applicable daily period c rate for such a transaction wifi be the rate in effect for the current billing cycle rather than the rate in effect on the date of the transection. Your statement ioutsdas an average daily balance for each type of Balance You can multiply each average daily balanod that is not zero by he number of days n he bng cyc e and he pehod c ratet~optainsub~~ta~s'andf~enaddthesubt~ta~st~gethert~determiney~urt~ta~financechargesonba~ancesf~rthebi~~ingcycts ff a cash advance transaction fee is charged, that amount is atso a finance charge The term "Pdme Rate" as used in the Agreement means the highest prime rate published in the Wall Street Journal on the first business day of the prey ous ca ends men h Any nc ease o decrease Jn the Annual Percentage Rate will take effect on the fret day of your billing cycle and may result in a slight increase or decrease in the amount of your minimum payment. The ANNUAL PERCENTAGE HATE (APR) for purchases is 233%, cerrespending to a daily periodic rate of 0.063~4% You can arrange to have avanabla APR for custom cash advances that is lower than the weighted average otthe non-intreduc ory APR you have been paying on he o aba ances you have translermd from other credit card. retail, and installment accounts provided your other accounts were open in September 2000 in ca cua ng h s APR we w aka n o accoun he APRs on he crediteccountbatancesyouhavetranslerred from otherlenders. TtssAPR is available onlyifyouprovidaproof, n he fe mofcppiesofyou mos raced bi ngstatemouts, showing your other non-intraducfory APRs. Your new APR will be vatiabts based on Prime Rate and wifi take effect in the billing cycta following our review of your proof, but not eadle than he end of you courtesy bencd If we do not receive such proof your APR for c~storn cash advances will ba as follows: The ANNUAL PERCENTAGE HATE for ous om cash advances s 23.3%, corresponding to e dally Peaodic rate of 006384%, The ANNUAL PERCENTAGE HATE for cash advances is 233%, corresponding to a dally pededic rate of 006384% If we receive your Account payment late 2 or more times in any 6-mouth period since October 1 1999 on each such occurrence we may ncrease he APR for purchases up o a max mum of 23.3% (corresponding to a daily pahedis rate of 0.06384%}, and increase the APR for cash advances and oustem cash advances up fo maximum of 23 3% (correspond ngo a da y period cra e of 0.06384%) ~fafteryouraceivethehigherretesy~urpeymentsarerec~ived~nfimeandy~umeeta~thertarms~fthisAgraementfur3cousecu~ivem~nths~y~umaycontact~ur~ust~mer Service department and, at your request, we will review your Account for a possibts APR reduction If at this time the APRs in your Account have already increased because you did not meet the existing terms of your Account Agreement, your ex sting APRs w con oue o apply, you rnea all t.e~m~.s o,f thin.Ag,rca?eat for 3,~ousecutive,months and.you co?tact our Customer Service department, we wifi review your Accaeat fura possible APR reduct on. Sadng Juy 2000, however, he /",r'r';s oescnoeo m ~ne precemng peragmpe will apply, rt your ,.,couunt payments are received late 2 or mora times in any 6-month ported sinou Octoper i 1999. Grace Period for Purchase Balance, New purchases posted to your Aeaoun in billing cycles with no prey ous ba anou, o when he prey Oas ba anco was fu y paid dudag the cycle, do not begin to incur a finance charge until the start of the next billing cycle You will pay no finance charge on such new purchases if you pay the eta new balance n fu ~ by the payment due date shown on your statement. New pumheses posted Jn any other hilling cycle incur a finance charge, andthera is no gedod in which such pumhesos may be repaid without mcurrieg a finance charge. Fees. Wemay chargeyourAccount$0for;eachCardyouaskus fo repisce; each retumed payment; each check you wr eeayourAosoun ha weraumunpad;eachstoppaymentorderor renewal of such an order; each billing cycle within which your Account is delinquent (Fate charge) and each billing cycle within which your ba anco exceeds your c edit line (ovedimit fee), even if your Account is closed. If you request copies of billing statements that were first sent to you more than three mea hs eadlar, we may charge a haedl ng fee of $2 for each such copy. If you request ha~ we make a aaa-time automatic p~ymedt from your personal checking aosoea we may charge your cradi card accoun a fee of $4 95 for each equea Th s fee s a FINANCE CHARGE, and it will apply regardless of who her fueas are evai able in your beraona~ checking account to make the payment. We may charge a transaction fee of 3% (minimum $5), which is a one-time FINANCE CHARGE, on the amount of each cash advance, including cash from finaou al institutions, and ATMs, wire translem, money ordain, lagery ckets, casino gaming chips, and similar transactions. DefaolL You will be la default: if any information you provided us proves to be incomplete or untrue; if you de no comply w h any part of h s Agraemen; upon your death, bankruptcy, or insolvency; if you do not pay other debts when doe; if a bankruptcy petition is filed by or against you or if we believe in good faith ha you may no pay or perform your obligations under this Agreement, if you are in default we may, without further demand or notice canoul your credit pdvilegea, dec are you Accoun ba ance mined ate y due and payable and use any remedy we may heve, In the event of your default the outstanding balance on your Aceaunl shall continue to accrue interest at the APR(s) disclosed n he F nance Charges sectk~n of this Agreement, even if we have fl ed suit to coltsct the amount you owe Credit Line· Your credit line is specified from time to time in a sabarale notice. Your monthly statements show you c ed I ne and the amoun o your ava labfe credit. We may increase or decreaceyourcreditfinebacedonisformatlenweabtainedftomyouoryourcraditracords. Youravailabecrad searmay hedfforeacebetw~enyourcmdit neandyourAosountbalance (including transactions made or authorized but not yet posted If you send us a argo payment check, we may m your ava ab e cradi whe we confl m hat the shack will clear For certain transactlens, availablecraditmaybelaes Youw n~tuseyourAcc~un~for~andwernayrefueat~hea~r~anytraosec~tsnwhichw~uldcauseyoufoexceedy~ureva~jabtscredit .PrarOmta~ to Pay. You promise to pay us when due all amounts borrowed whe~ you or ear,acne eisa use your Account (even if/he amoun charged exceeds your permission}, all other nsacr!ons and charges fo your Account, and cdilact[on costs we recur including but not hm~tad fo, reesonab e attorney's fees and court costs ( f you win he suit, we will pay your reasocabla attorneys fees and court costs.) Changes. Afler we prowde you any notice required by Paw, we may change any pad of this Agreement and add or remove requirements, ff a change is made to the Finance Charges section of (Ceatinued on reverse) (584~0698) 442800'1172113551 g184 561 this Agreement. the new finance charge caloulalion will apply fo your entire Account belance from the effective date of the change Changes will apply to balances that mciude items posted ~o y~ Account before the dote of the chanee and will apply whether or not you continue to use the Account Foreign Exchange/Currency Conversion. If you use your Card for transactions in a currency other than US dollars, the ~ransactions will be ceeveded lo US dolfars, generafiy using edhar ~ governmenl-mandotad rate or (ii) wholesafa market ate in effect the doy held e he ansac on s p oeessed, nc eased by hee percent (3%). a credit is subsequently g~ver, far a trons'-ction will be decreased by the same percentage The currency conversion rate used on !he conversLon date may differ from the rate in effect on ~he dote you used your Card You agree to accept the converted amount in US ddllars The Card; Capoellatlon. You may cence~ your credit privileges at any time by notifying us in writing and destraying the Card(s) Upon the Card expftation at/he end of the month shown on it. w reserve ~he nght not to renew the Card We may eencel the Card and your credit privileges at any time after 30 days notice to you, or without notice if permitted by law If your Card is cancelled c not renewed, finance charges and other fees will continue to be assessed, payments will continue to be due. and all other applicable provisions of this Agreement will remain in effect If you terminate your credit privileges, or if we cancel or do not renew the Card, you may no longer wrde checks on your Account. and you should destroy any unused checks we have issued to you personal Information; Documerds. You will provide us at least 10 days notice if you change your name, home or mailing address, telephone numbers, employment or income Upon our requaStr you wi~J provide us additional financial information We reserve the hght to obtain information from others, including credit reboding agencies, and to provide your address and information about your Account to others. We mav also share information with our affiliates However. You Icy write to us at any time instructine ue not to share credit information with our affiliates If you do not fulfill your obligations under this Agreement. a negative credit repod that may reflect on your credit may be submitted to the credit reporting agencies Custome.r, Service; Unauthorized Use. Loss, or Theft of Checks or the Card. Each Card must be signed on receipt You are responsible for safeguarding the Card, your Personal tdenlificati¢ NumbsrIPIN~whichprovidosaceesst~Aut~matedTe~erMachines~andaoychecksissuedt~y~ufr~mtheft~addkeabingy~urPINeeparatafr~my~urCard If you d~scover or susp~ that your Card, PIN or any unused checks are lost or stolen, or that there may be an unauthorized transaction on your Account, you will promptly notify us by calling 1,800.933.722t So we can immediately act to limit fasees and liability, you wifi phone us even though you may also notify us in writing. Your liabiJgy for unauthorized use occurring before you notify us is limited to $50 If repod or we suspect unauthorized use of your Account, we may suspend your credit privileges until we resolve the problem to our satisfaction or issue you a new Card If your Card is lost or stolen, you will promptly destroy all checks in your possession. To improve customer service and eecudfy, you agree that your calls may be monitored or recorded Merchant Relations. We will not be liable if any parson or Automated Teller Machine refuses to honer the Card or accept your checks, or fails to return the Card to you We have no responsibilg for goods and services purchased with the Card or checks except as required by few {See Special Rule below.) Certain benefits that are available with the Account are provided by third-pady random We are n~t resp~nsib~e far the qua~i~y` avai~ab~ity~ ~r rasu~ts ~f any ~f tbe services y~u ch~cee t~ uee- Stop Payment Orders. If you wish to step payment on a check, you may send us a stop payment order by writing to us at our address for customer service listed on your statement. You can make a stop payment order orally by calling the number listed on your statement When you make a stop payment order, you must provide your Account number and specific information about check: the exact amount, the date on the check, the name of the pady to whom it was payable, the name of the person who signed it, and the check number You wifi be asked fo confirm an oral stop payment order in writing We mav disre~lerd veer oral order if we do not receive a sinned written confirmation within two weeks after the oral order, or if we have not receded an adequate description of the item so that payment can be stopped. The order will not be effective if the check was paid by us before we had a reasonable pppadunity fq act on the order. We may, without liabilily, disregard a written stop payment order six months after receipt unless it is renewed in writing Standard of Care. Because this Account involves both credit card and check transactions which are processed through separate national systems before the transactions are consolidated by us, and because not every check and Card slip will be sent ta us, transactions in your Account will be processed mechanically without our necessarily reviewing every item Our processing system catt our attention to certain items which we will examine We will examine al~ transactions when you report that your Card or checks have been lost or stolen We do not intend ordinarily fo examine all items, and we will not be negligent if we do not do so This rule establishes the standard of ordrnary care which we in good faith will exercise in administering your Account Because of our limited review, and because neither your cancelled checks nor Card transaction slips will be returned to you wilh the monthly statement, you should be carnal to enter all checks in your check register or other,vise keep a record of them, You should also save your credit card cash advance and purchase slips You aaree to check your monthh/statament~ aeainst your record and to noti~/us immediately of any uhauthodzed transactions or errors, Waiver of Certaie Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision later. You waive: the dght to presentment, demand, pretest, or notice of dishonor; any applicable statute of limitations; and any dght you may have to require us to proceedagainst anyone before we file suit against you, Applicable Law Sever'ability; Assignment. No matter where you live, this Agreement andyour Account are governed by federal law and by New Hampshire law. This Agreement is a fieel expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement. If any provision of this Agreement is held to be invalid or unenforceable you and we will consider that provision modified to conform taepplicable law, and the rest of the provisions in the Agreement will still be enforceable At any time after we dofarmine in good faith that any proposed or enacted legislation, regulatory action, or udJcfai decision has rendered or may render any material provisions of this Agreement invalid or unenforceable, or impose any increased tax, reporting requirement, or other burden in connection with any such provision or its enforcement, we may, after at least 30 doys notice to you, or without notice if permitted by law, cancel the Card and your Credit privileges We may transfer or assign our nght to aft or some of your payments If state law requires that you receive npace of such an event to protect the purchaser or assignee, we may g ye you such notice by filing a financing statement wilh the sfafa s Secretary of State, Notlees. Other notices to you shall be effective 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 shell start upon mailing Notice to us shall be mailed to our address for customer service on your statement (or other addresses we may specify) and shall be effective when we receive it YOUR BILLING RIGRI'S - KEEP THIS NOTICE FOR FUTURE USE, This notice contains impatient information about your dghts and our responsibilities under the Pair Credit Billing Act. Noilly Us in Ca~e of Erro~ or Quos#one About Your Bill if you think your bill is wrong or if you need more information about any transaction on your bill, write us on a separate sheet, at the address listed in the Billing Rights Summary on your bill Write to us as seen as possible We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared You can telephone us, but doing so will not preserve your nghts, in your letter, give us the following information: - Your name and Account number -- The dollar amount of the suspected error - Describe the error and explain, if you can why you believe there is an error, ff you need more information, describe the item you are not sure about fty~uhave~u~bsdoddustopayyeercred~~cardbi~~aut~maticafiyframy~urcheckingaceeunt'youcanstepthepaymectonanyameen~y~u~hinkiswr~ng To stpp the payment, your letter must reach us thre~ business days before the automatic payment is scheduled Io occur, YourRightaan~lOurRespewslbili#eeARerWeRecelveYourWzJtte.,]No#ce. Wemuslacknewfadgeyourfattarwithin30doys unlecswehavecorrectedtheerrorbytben Withiag0days we must either correct the error or explain why we befieve/he bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including ftnanco charges and 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 sbl~ epligatad fo pay the pads of your bill thai are not in question. f we find ha we made a m stake on your bill you wil not have o pay any finance charge rein ed o any questioned amount. If we didn't make a mistake you mav have to ~,~v finance char,les and you will have to make up the missed payments on the questioned amount. In either case, we will send you a statement of the amount you ewe and t~ data~af it is doe"~'lf you fail to p~ay the amount we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you wdte to us within f0 days telling us that you still refuse to pay, we must tell anyone we report you to thai you question your hill And, we must tell you the name of anyone wa reported you fo. We must tell anyone we repod you to that the mailer has been eeftled between us when it finally is. If we don't follow these rufas, we can't collect the first $50 of the questioned amount, even if your bill was correct. SpecialRule for Credit Card Purch~se~. If you have a problem with the quality of the propedy or services that you purchased with our credit card and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. There are hUD limitations on this right: a you must have made the purchase in your home state, or if not within your home state, within 10g mifas of your current mailing address; and (b) the purchase price must have been more than $50. These limifatirme do not apply if we own or eperale the merchant, or if we mailed you the advedisement for the property or services Complete this short form anti return tt m the po~tase-paid ertvelope provided. 30-Second Certificate Response , Yes, I want to accept your invitation for a customLzed VIS~ Gold account! I have read the terms on the bac. k of bb~e be0c~ure. I a~ee to be barred by the Account Agreement (whldt will ~ ~ ~ ~ ~fo~ my 'v~A card is Iseued) and to repay principal, interest, and interest thereon, except that I willhave no cb~gatJon J~ I return the card(s) and checks unused and cancel my account after reviewing the Account Agreesn~nt. Oeorge L ~er 2921N1 ~326 GX018 S~L RGX~ ~F~ ~ B~ 16- 721-01530-3477-0 'l'h~lnvitatt. onexpires: Ocr. abet 30, 1995 No Annual Fee $20,000 Credit Line Immediate Cash Lowest Purchase Rote GUARANTIlD SAVINGS Czedit Protection Plan (Ol~ional) YES, [ would like to help protect my VISA Gold Pro~eclion~lan de~tibed on the enclo~d flyer. ws 721-01530-3477-0 Reference Number: 167400456 3ox : 3050 rear : 95 3atch : 59 ~SN : 167400456 I I SHERIFF'S RETURN - CASE NO: 2001-00818 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CL~4BERL/~ND PROVIDIAN NATIONAL BANK VS WAGNER GEORGE E REGULAR CPL. TIMOTHY REITZ Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE WAGNER GEORGE E DEFENDANT , at 0015:26 HOURS, at 792 PETERSBURG ROAD CARLISLE, PA 17013 GEORGE Et WAGNER a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being du~y sworn according to law, was served upon the on the 14th day of February , together with by handing to 2001 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this ~ day of So Answers. R. Thomas Kline 02/15/2001 PARK LAW ASSOCIATES By: ~- ~<. V~LERIE 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: 792 PETERSBURG RD CARLISLE, PA 17013-9218 4428001172113551 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS GEORGE E WAGNER Defendant NO.01-818 CIVIL TERM PRAECIP~ 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 $14,039.13 $2,386.00 $1,415.99 ($o.oo) ($o.oo) TOTAL $17,841.12 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. 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 a~d marked Exhibit "A'~. VALERIE ROSENBLUTH PARK, ESQUIRE Attorney for the Plaintiff AND NOW, ~9~ D~ , ~=-~,%( , 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 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. VALER1E 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: 792 PETERSBURG RD CARLISLE, PA 17013-9218 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROV1DIAN NATIONAL BANK Plah~tiff VS GEORGE E WAGNER Defendant NO. 01-818 CML TERM NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: GEORGE E WAGNER 792 PETERSBURG RD CARLISLE, PA 17013-9218 DATE OF NOTICE: 3/7/01 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TH/S CASE. UNLESS YOU ACT WITHIN 'FEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERI~D AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TI~S 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, 4ta FLOOR CARLISLE, PA 17013 (717} 240-6200 VALERIE ROSENBLUTH PARK, ESQ. 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 THAT TKE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 792 PETERSBURG RD CARLISLE, PA 17013-9218 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS GEORGE E WAGNER Defendant NO. 01-818 CIVIL TERM 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 GEORGE E WAGNER, Defendant is over 21 years of age; that his/her place of residence/business is located at 792 PETERSBURG RD CARLISLE, PA 17013-9218 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~~ BY: Valerie Rosenbluth Park Attorney for Plaintiff El0 VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P. Co 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HSREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 792 PETERSBURG RD CARLISLE, PA 17013-9218 CUMBERLA/gD COUNTY COURT OF COMMON PLEAS PROVIDI~N NATIONAL BANK Plaintiff VS GEORGE E WAGNER Defendant NO. 01-818 CIVIL TERM 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: 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. PP~ONgT~A~Y,~ q~ PURSUANT TO THE FAIR DEBT COLLECTION P]A~CTICES 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.