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HomeMy WebLinkAbout01-1231VALERIE 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 PROVIDIAN NATIONAL BANK Plaintiff VS. PEGGY J MYERS Defendant NO.OI -- 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 ~AVE A LAWYER OR CA1TNOT 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 AVEI97JE 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 ATTORIqEY I.D. ~ 72094 PARK LAW ASSOCIATES, P. C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTOP/gEY FOR PLAINTIFF ACT%: 7200021200013422 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS PEGGY J MYERS 95 S 1ST STREET LEMOYNE, PA 17043-1917 DEFENDANT 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, PEGGY J MYERS, has a mailing address at 95 S 1ST STREET, LEMOYNE, PA 17043-1917, 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 7200021200013422. 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 7200021200013422, 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 $6,511.46 as of 12/06/2000, 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 $1,106.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $6,511.46, plus pre-judgment interest at the contractual rate of 23.30% per annum from 12/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,i06.00, 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 judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amok~nt of $6,511.46, plus pre-judgment interest at the contractual rate of 23.30% per annum from 12/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,106.00, 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. ~ 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 HEATHER KOOREMAN , 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 t:~ Date Designated Agent ~~ifornia. ~ Please re~iew this documant and keep [t with your other important papem. This Account Ag..reament contains th.e, terms which govern your Providian National Bank VISA or Masts~Card Accoun ( he "Accoun. . '): The Account allows _YOU to make pumheses by us ag your VIBA cr Mastsr~ard card (the 'Cad ) wherever ~t is hone ed and o ge cash advances kern us, <3 a. ny other par~{c;batin finarlCtai insbtuecn and ~m Automated Teller Machines+ Convan~ence checks may also be provlbad to you as an aded~onal way E use the Account. In this Agreement you and "you ' mean eachbamen~'whemwahaveopenedacreC~ cardAccoun, 'We, au, cum, and us mea Po d[anNaecnalBanko ~sassgnaes, as s ed on your b~ ~ngsaemen. TheAccoun maybe used only Er pamonal, family, heuseedld, and chedtsble pur'~see, and ~o~ for any business or commercial purpose Any use of th~s Account shail cons ti~uta acceptance of the terms of th~s Agr~ananl. ~ftheAcenuntwas~P~nedasaj~in~nt~wemayactunthekis~ructiensofedheriointaccounth~dar You acd we agrae as follows: Payments. You will receive a monthly statement showing your outstanding baisnce. Payment on this ,~cacunt is rec~ir~d in U,B. d~ilam (c~acks taus{ ba payable at a U,S. o~ce of the danA the chad( is drown on) f~' at leeet the payment due es shown on your statement by the payment due date ~n ac?ordance,#ah payment iosh~cdans on your monthly statement. The back of your statements shows the roles wa follow when we post payments. Convenience checks, and other check~ we ~osun to you may not be used to make payments on your Accent or to make payments en any other asacunt you have with es or ~ a~ratsi. The payment due will be: 2% of the new balance shown on your statement plus the amount of any past due payment, and may include the em~nt by which the new balance exceed~ your cra~t line. However, ~ payment due witi not ba less t~n $1~ (unless your new balance is less than $15, in which case the paym ant due wis be the amount of ~le new batanca). If yot.~'Aacou~t is past due or above the credit line, we may red, ire a h~gher mmonum payment, hut we witl noh~/you be fora doing so. If your payment L~ more that the payment due ii will be treated es a siagfa,osyment and none of it will be applied to ~re payments due. We may accept tats ~ partial payments ~ payments marked ba~ in ~ll' or marked with other rasthct~, without Iosi~ otc right to c~lact all amounts ow ng under this Agresmen. If yea have made sdadal payment asrangemants with ether Rmt Unmn or P~ovidiee, you need to continue making the agreed agen payments. Finance Cda~ge~. Except ea desk, ed in the Gnaca Period for Pu~:heae aataana section of this Agreement, finance charges bsgin to accrue on a debit when it is indited in one of your daily balanesa ~ cuntinue un§l that batanca is reduced by a payment or ~'edit. Yo~' Account has the foitowin~.batancas: The Purchase Balance. which coneiats of your exisimg Fumhane Balanse and new p~asyou make with your C~ard end fees for cerain ~ol'~l se~,'~ces ~a or more Custom ~,ach Advance Balances. which consists of balencee thai y~u transfer to your Account using balenca transfer checks and baisnnae that we transfer fa' you; and the Cash Advance Eatance which consists o~ all other cash advances and cash advance transaction ~ees. Any payment amount we receive that exceeds the ~ansa cba~as a~ flaee th~l due will ordicanly tie agpli.ec~ first to the Balance with the I~*~est Armual Percentage Rate (APR), echl tha~ Balance is zero, and than to the Batanca ~ the next Ioweet APR, until that Balance = zero, and then to any remalmng Balance. We rese~e the aght to afap[y payments differently without b~the' notice. The Pan~leae, Custon1 Cash Ad'~l/lca, and Ceah Adv~,los ~aloncas ,nar ed u dadt~ii ned¥ obuYr I~/usl~loe~l~: he,~t hdveandacc ~l~aeClee~ eed~sa ~ll bo~y :c~~ as :f [he date peet'ed. Purchases a: inclur~d in your Pumhase Ba!enca es oi' the data mede. Customceshndvanceeare th dad y : f~ daeectronicallytransmidadtooiher andat~to[raosfef balances, as al~ the date transmitted; checks fo transfer batancse, es of the date presented ia us. Other cash advances are inc[udad in your Cash Advance Batanca es Ell~ws: cash advances from other Ithancisi thstitutiona and through Automated ~r ellem, es of the bate made; cash advance cheeks maba~nayabis ts you tda~ ara idanti~ed as cashiers chec~ and mailed to you at your ~est, as of seven dey~ alter the date wa pdnt on the check; all other checks, es al~the bate pteeentad to us. Other debits ara incl~bad in your Purchase, Custom Cash Advance, or Cash ' Advance Balance es of [he date posted, Finance charges are added ~3 your Purchase, Custom Cash Advance, a~d Cash Advance Balances each day and are rsen posted on the last day of the billing c~:ta. 'rhere i~ no grace period for custom cash advances or other cash advances, To ~ the daily llsenca charge for each lype of Balance, wa sta~t with your pre~ious day's Balance, ~ all debits and subtract ail ~redits for ,the current day and multiply the net amount by a~3ticedis daily pa~:~r~c rate (see follew~ng ba~agraphs). The ~nanca charga for each type of Balance ~s then added to and included tn that day s Batance We treat a credit balance for any day zero. Wa determine the totaJ ~nce charges on balances f~ the billing cycle by adding together the finance charges for each ~/pe of Balance fat each day within the hilling cycle. I~ caisutating ties, hca cha~Jee an a~untmant witi be made for any transaction or payment that wo~d have aRncted the llcanca charge calculation in aphor billing cycle had it daen posted in that cyota. The applical3is da~ly pe~3dic rate, Et such a transaction w~ll da the rata in effect for the conant h I!thg cycle rather thao the rate in e[fect on the dais at the ~ransaction, Your statement includes an average dally balanca for each t~pe of Balance, You can multiply each average daily balance that is not zero by the number of days in the billing cycle and the pe~ndi~ tats ~o dotaL,1 subto~a, and then add the sdototals together Ia datstmina your to~ llcance charges on balances for the billing cycle, tfa cash advance transaction tee is charged, thai arn~nt is alee a llnaose cdarga. The term 'Prime Rata' as used in the Agreement means the higheet prime rate published in the Wall ~t~et Journa~ en the f~'st business day of the previous calendar month Any incraaca of decrease in the Annual Percentage Raja will take effect on the first day of your billing cycle and may result in a slight increase or decrease in the amount ef your minimum payment. The ANNUAL PE~CEhTAGE RATE APE) for purchases will vary and may da adjusted each bitikig cycle up to 13.4% above Prime Rate, but will in no event be less than 21.9'/, Using this formula, the APR for purchases in the May ;~000 billing cycle is ~.4%, cor~spondJng to a da ly pafindic rate Of The ANNUAL PERCENTAGE RATE for cash advances ia 21.9%, corresponding to a daily baridd[c rate al' If we receiVe your Account payment la{e 2 or more braes in any ~-month ba~od since Octdoer I, t9~9, on each such occurrence wa may increase the APR for purchases up to a maximum of 23.3% (corresponding to a daily panodic rate of 0.06384%), and increase the AFR. ~' cash advances and custom cash advances up to maximum of ;~3.9% (cctrespondiag to a daily peri(~dic rate 0.06548%). if a~tar you ~c eiva the higher rates your payments are receNed on time and you meal all other terms of this Agreement Er 3 consecutive months, you may contact our Customer Secv~ca dedar~ment and, at your ~'~quest, wa will review your Account for a possible APR reduction. If at this time Ihe APRs in your Accoanl have already ihCressed bacaesa y~u (~l nal n~eet the existing tarm~ of ygur Account Agreement, your existing APRs ~ti coulinue in apply. If you meet a terms at this Agreement for 3 osnsacuti~a months and ~ou cuntact our Customer Service de~a,. ,dm ~ent, we wtll. mv,e~v your~Accoont Er a ~3~ssibta APR reduces. S{ar~ng July ~0(~0, however, the APEs described in the precas~g barograph wi, apply, i your Account payments are racaveci late z or more t~mes in any ~-men h paho~ since ac daer 1, 1~99. Grace Pari~d fo~ Furcheee Balance. New purchases posled to your Account in bi~ng cycles with no previous datance, ar when the previous baisnce was ~ully paid du~ the cycle, de not b~ to incur a llnanse charge until the start of [he next b[[ling cycle. You will pay ~o ,canoe charge on such new purchases if you pay the total new balance in foil ~ the payment due bate shown on your stalarnant` New porcfleses posted in any other billiag cycle incur a tinence cdarga, and there is no period in which such purchases may be repaid withoul mcu~'fiag a llnenca charge. Pa~ Wa may charge your Account $0 fan each Card you ask us fo !epla?; each returned payment; each ~eck you w~it? on ~our Account that we ret~n unpaid; ~ st~3p l~y~ent erbar 9r reeewaJ of ac~h an ~ each bi[ting cydi? within.~hish your Account ~ deknq~Jent ~ata cbarga); and each ~il[ng cycta w thru wh,ch yonr daisnce exceeds your credit line (overiimtt fee..), eean if your Acon~lt ~ cfosed. If you request copies of bllllag sdaements that were first sent to you more than three morltK.~ cartier, wa may cha_rga a handting ~ee of $2 for each such cno~J. If~ou redtJ ~'~at wa make a ona4ime automapo payment from your pa~onat checking a~saunt, we may charge your cradit card account a fee of $4.9~ for each mqueet` This fee is a RNANCE CHARGE, a it will ap~3ly raga~eos at wbether fonds are available in your pemonal checking acconnt to make the payment. We may cha~Ja a blr~section fee of 3% (minimum $5), which ia a ene4ime FINANCE CHARGE, on the amount of each cash advance, indiudtng cash E3m ~tendal imtitutioos, and ATMs, wire trans., menay o~dans, IoftenJ tickets, casino gaming chi~, end a~itar tmnsantiens. Default. Y~u wiII be in bafauit: if any information yo~ p~ us prou~ to.be mCOmplata of unlrue; if ~.ou de n~t co~ply with .a. ny part of this Agr~eet; upon your death b~llcuptcy, Or. msd:venc~, i~.you do ~t ~other debts w~an due; ~f a hankmptcy pel~n a filed by or ag~ms[ y~u; or if we batieve ,1 geed ~th that ~fo~J m~ not pay or po'form your d~:~gatiacs ~'~ tha Agreement, I! you are in bafault we may, w~thout for~er demand or nohca, unncat you[ credit privileges, dedurayour Acosu~ balance ~m m edi'4tely due and payable and u~e say mm ac,/we. bays. In the e,'ent of your default, the outstandr~j Faience on your Acacunt shall caotmue to accrue interest at the APR(s) disclosed [n the Finance Charges sacecn (3! this Agreement, ~an ~f have filed suit to oslisct the emeont you owe. Credit Uno` Yea' cr~t line is specified from t~a t~ time in a sefaerate notica, Your monthly s~tam~nts show .y~an ~edit line and the amount of your a'vaileble credit. Wa may thcmosa or .d, ac~e~sa y~a' c~it line based on inErmation we d~tein~ karo you ~ your credit records. Your avaleble cr~t ~ normally.the di~rence '~el~een your credit line and ~ Account balance including ~nsa~m med~ or aut~ed but act ye{ pos[ed), if you send us a large payment check, wa may limit your eva~i~ble credit white we con§rm that the c~k will dear. For asham ransachacs, avatiep a credit may be less. You willnet use your Account fa', and*~e may re,use to honor, any transaction which w~uld cause you to exceed your asaitab e credit. Promise t~ pay. You premise [o pay us when due all amounts borrowed wdan you or someone else use your Account {?on if the amount charged exceeds ~ur darmiss~en, all other trans?!?s and charges to your Acco'unt, and c~thction uns[s we incur includiag, btu not limited to, rseacnedta attarnay s ~s and c~urt cesta. If you win the suit, we will pay your reesenapis attorney s fees and ouurt costs.) Changes A~ter we I:~ovide you any no,ica required by law we may change any part of his Agreemen and add or remove redu mmants If a change s made o ihs Rrmnca Charges aachen thisAgteemant, the new finance char e calcutatiun wiitg apply' to your eellra Account Faience ~mm the effective dais of the cdan e Chun'es willg, g apply to balances that incl~le ems ncst~d to 3 Account bsEra the da e of he chance, and will apply wharher or no[ you con[hue to use the Account. Pacaign E:~cheege/Cun-ency Convemioa. If you usa your Ca~i ~af tmnsecticns in a currency other than U.B. dollam the transactions will be converted to U.S. d~ism, ~ana'aily using either gCVemman -mandated rae or ) wholese e ma ~e a e n e~ac ha day before the transaction is processed increased ~y thr~ percent 3% If a credit is subsequently g~ven Er a transection will ba decreased by the same percentage. The currancy cunver~ion rate used cn the convers~n date may differ from the rate in effect on [ha data you used your Card. You agree to accept tt converted amount in U.S dollars. TheCard ~ce~tot~an~Y~umaycancblyourored~pnv~egesatanyllmebyno~fyingus~nwnt~nganddestrnyIng~heCerd(s) UpontheCardexp~ra~onatthr,:.or-~"~--,,-nonhshewnon~ we reeerve~the nght not to renew the Card. We may cancel lbe Card and your credit pr~itogas al any t~me a~tar 30 ~ays not,ca to you. or w~thout notice if permitted by law~i your Card ~s canceti~ or n~t renewed §nanca charges and other tees Wlti continue to be assessed, payments wtil can(inue to ~e due, and all other abplicable provisions ct this Agresment wiJl remain in effect. It you tarminata your credit privileges, or if we cancel or do not renew the Card, you may no longer wne cndclls on your Accoun, and you should destroy any unused chect(a we have issued to you. Pemonallnformatlon;Documento. Y~uwitipr~videusa~asst1~daysnotineifyou~ha~ngeyo~rn~me~home~rmei~!ngepdress`tblepb~nenombers~empicymentorincome- Uponour redeest you will provide us additional tinanoial informadon. We resen~e the. right to obtain m forma~no ~T0m others, inolur~ng ~redit reporting agencies, and to provide your adc~asa and informahon about your Acouun~ to others. We may also share nformation w th our affil~a es. However you may wr~ta to us a any line ~es fl Jar nd us nat to share cm~l ~nformahon with our affiliates It you do nol fulfill your abl[gatfons under this Agreemanl, a negabve credit report that may reflect on your credit may be suPron[ted to the credit reporting agencies. Custome,[ So,foe; Unauthorized Use, Loss, or Theft of Checks or the Card. Eec~ Card must be signed on receipt. You am responsibto for safeguarding the Card, your Personal Identificatio~ Number(P~N~whichprouidesaccasstaAutama~edTe~rMachines)andanychecks~es~edtoyoufr~m~heft~andkaspingyourP~Nseper~tafr~my~urCerd~ It you d~asover or susbect Ihat your Card PIN, or any unused checks are tost or stolon, or tha~ them may be an unauthorized tr~aac!lcn on you~ A~ount, you witi promptly notify us by caiting 1.800-933-7221. $o we can ~mmediataly act to limit tosses and tiability, you wtil phone us even though you may also no~ly os ~n wrltl~. Your I~abll~ty ~r unauthonzed use occurring before you notify us is limited to $50. If you report or we suspect unauthorized uae of your Account, we may suspend your credit pnyil~jes until we [enoive the problem to our satis~ectron (~r issue you a new Card. If your Card is tost or stolen, you will pmmpby destroy alt checks in your possession. To imFove customer seance and securdy, you agree that your calls may be monitored or recorded. Merchant Relations. We will not be liable if any pamon or Automated Teller Machine mfusas to honor the Card or accept your checks, or fals to mtom the Card to you. We have no reeponsibi[i[~ for goeds and samicas purchased with the Card or chec~ e~<cabt as required by law. {~ee Special Rule below.) Cedain benefits that are available with the Account are provided by third-party random. We are not responsible for the quality, avatiabiiity, or resu ts of any of the asnnoes you chouse to use. Stop Payment Orders. if you wish to stop payment on a check, you may send us a stop payment order by wdting to us al our adoress ~cr customer sevice listed on your sta!omant. You can make a stop payment order orblly by cal~ng the number tisted on your statement. When you make a atop payment order, you must provide yoor Accounl number and spac~c ~nfon'nallno about check; the exact amount the date on the check, the name ct the party to whom i was payable, !he name oi'the parSo~ who signed il,.and the check number. You will be asked ib confirm an orol stop peymant order in writing. We may dieranard your oral order ~we do no receive a sloned wntte~ confirmation w~tthn two weak.1 after the o,'a order, or ~f we have not rena~ved an adequate desc~pllno of the item so that payment nan be stopped. The order will not be effective if the check was paid by us before we had a reasonable oRoo[luelty to act on the order. We may, without tiabillfy, disregard a wdtten stop payment order six months a~er receipt unless it is renewed in writing. Standard of Cars. Because this Account involves both credit card a~l ch~k tmesachons which am processed thm~h sed~rata nationa~ systems befom the tmn?actfoes ere consolidated by 'and because not avery check and Card slip will be sent to us tr'ansectlons in your Account will be processed mechanically w~thout our ne=assably reviewing every item. Our processing system wi~ call out attordion to certain items which we w~ examine. We will examine all trane~ftmna when you rabort !hat your ~ or ch~clls have been last or stotan. Wa do ~ot intend ordinarily to examine all items, and we writ not be nagiigant if we do not do so. This nzle establishes the standerd of ordina~ cam which we ~n g(x=d fath will exeroae in abmin~atanng your Account. Because el=our limited rav~ew and because neither your cancafied chec~ ne' Card transacit~n blipa will be returned to you with b~e m~nthly statement, you should be careful to enter all checl~ in your check ragisler or othenvise kasO a record of them. You should also save your credit card cash advance and purchase sl~ps. You aorss to check voor mqnthN statements anainst your record and to n otil'v us immediataN of any unauthorized transactions or errom. Waiver of Certain Rlght~. We may delay ? wame anforcem~lt o[ any pmvisi~3n of.this Agmemen~ without losing our dght ~ enforce it or any otbe' provision later. You waive: the right to presentment, demand, protest, or notice of dishonor, any abplicable stab~ta of Itm~tatmns; and any nght you may have to requ~m us to prccasd against anyone before we ~le su~t against you. Applicable Law;, Severabillty; Assignment. No maher where you live, this Ago'cement and,your Account are governed by federal raw and by New Hero.him law. This Agreement is a ~nel expression of the agmemant between you and us. and may not be contradicted by evidence or any ati~ed ~ agreement, if a~ provision of this Agreement.is held to be irrvei~d or unefl fomeeble, you and we will co~sider that pmvisidn modified to conform to abpl~ble,L~., and the rest of the prov=roes ~n the Ag[eemen! T~II still I~ en fomeable At ally t~me after we dota~'m!na in geed ~ith ?at any proposed or enacta~ tagistal~3n, regulator/action, or [u~mei.danisron has mn~red or, may render any matanal provisions of th~s Agrasm~nt Iaveiid or ur~nforcas~le,, or ~mp~3se any ~noreeasd tax, reperttog redu~mmant, or other burden in connecbon w~th any such prov~sron or ~ts enforcement, Wl~ may~ after at least :~0 days nati?e to y~u, or w~thout notice ~t permitted by law, cance~ the Card and your Credit privileges. We may tmes~er or aos~gn our nght to all or some of _y?r payments, f state ~aw rabu~res that you tone,ye nol~ce ct such an event to pm~ect the purchaser or assignee, we may give you such nabce by tiling a ~nanoiug statement with the states Secmtan/of State. Notices. Other notices to you shall be effective when deposited in the mail addressed to you at the address shown on our records, un,es a longer notice period i~ specified in this A.,qm~mant or by iow, which period shell start upon mailing. Notice to us shell be mailed {o our address mr customer service on your statement (or other ed~ess we may spec~l'y) aed shall be anectNe when we recek'e it. YOUR mILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USF. This notice contains important in~ermahon about your rights and our responelbltities under the Fair Cmdil @illibg Act. Notify Us in C~e of Errors or Question= About Your Bill. If you think your bill is wrong or if you need more informaepn about any beesaction on your bill, write ~ on a ~eperate sheet, al the address listed in the Billing R~ghto Summary on your biti. Wdte to us es soon as possibta. We must hear ~rom you no later than 60 da~ after we sent you the ~imt bill on which {he error or probton' appeared. You can telephone us, but doing so will not preserve your t~hts. In your tatter, grve us the follow~ng ~nformaepn: - Your name and Account number. - The dollar amount of the suspected error. -Dascnbe the error and expfan, if you can why you I:~ieve them is an error. If you need mom ~nformabon, ceecribe the ilem you am not sum about. If you have authoitzed us to pay your cmdi~ card bill automatically from your checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must roach us three hosinass days before the automabc payment is scheduled to occur. Your Rlghta and Our Responsibilities After We Race/ye Your Writlen Notice. We musl acknowledge your letter wi[hin 30 days, unless we have corrected the error by than. Within ~0 deys, we must either correct the error or exptain why we believe ~he bill was correct. After we receive your lo!tar, we cannol try to collect any amount you question, or report you as dblinquent. We can continue to biti you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit lina. You do not have to pay any questioned amount while we are loves figating bu you am stil obliga ed o pay the pert~ of your bill that am not in quastibn. . If we find that we made a mistake on your bill you will nol have to pay any finance cbe~Je reialnd to any quashoned amount. It we didn't malta a mistake, you may have to pay ~nanoe charges, and you will have tomake up the missed payments onthe, ques:ioneda,m, ount. In either case, wewtilsendyou astatam~nt ofthea~?untyouoweandthedatathatit is due. Ityou ~ailto peythe amount we think you owe, we may rop~rt you as !~blinquent. However, ~f our explanation does not saber/you and you wnta to us within 10 days telling us that you stol refiure to pay, ~te must tell anyone we re~rt you to that you question your bill. And we must tbll you the name o[ anyone we reported you to. We must tafi anyone we report you to that the matter has been se tied between us when it tinally is. if we pon't follow these rules, we can't collect the ~rst ~ of the quashoned omoun, even ~f your bl was correc. Spe¢talRuleforCredftCand. Purcha=es. If you have a problem with the quality of the propertY or sen!icss that you pur?~e~ with our ore:~t osrd and YOU have b'ied in gnod ~aith to ~no'ect the problem with the merchan~ you may not have to pay the remaesng amount due .? the gacdo or serv~cas. Them are ~wo tire,torsoes on tins nghh (a) you must ha.ye m~ the purchase n your home state, or if not within your home state, within 100 miles ct your current ma~lmg ed.s; and (b) the purchase pnoe must have been mom than SS0. These lan~tat~s do not apply ~f we own or operate the merchant, or if we mailed you the advertisement for the property or sennoes. EXHIBIT PROVIDIAN NATIONAL BANK Plaintiff PEGGY J. MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 01-1231 ANSWER TO COMPLAINT AND NOW, comes Defendant, Peggy J. Myers, by and through her attorneys, Steven C. Courtney, Esquire, and Metzger, Wickersham, Knauss & Erb, P.C., and states the following Answer to Plaintiffs Complaint and avers as follows: 1. Denied. After a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the troth or veracity of this allegation. Therefore, the same is denied and strict proof is demanded at trial. 2. Admitted. 3. Admitted in part and denied in part. While Defendant admits to having a credit card account with Plaintiff and that purchases were made on this account, Defendant denies the remaining allegations contained in Paragraph 3 of Plaintiff's Complaint. 4. Admitted in part and denied in part. While Defendant admits to having a credit card account with Plaintiff and that purchases were made on this account, Defendant denies the remaining allegations contained in Paragraph 4 of Plaintiff s Complaint. 5. Denied. Defendant has made payments on behalf of her account with Plaintiff. Document #: 185509.1 6. Denied. After reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the matters asserted in paragraph 6 herein and the same are therefore denied and strict proof is demanded at the time of trial. 7. Denied, After reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the matters asserted in paragraph 7 herein and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, Defendant requests that this Honorable Court dismiss Plaintiff's Complaint. 8. No Answer required since this is an incorporation paragraph. 9. Denied. After a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the truth or veracity of this allegation. Therefore, the same is denied and strict proof is demanded at trial. 10. Denied. After reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the matters asserted in paragraph 10 herein and the same are therefore denied and strict proof is demanded at the time of trial. 11. Denied. After a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the truth or veracity of this allegation. Therefore, the same is denied and strict proof is demanded at trial. 12. Denied. The averments contained in Paragraph 12 are conclusions of law to which no answer is required. To the extent that an answer is required, the same is denied and strict proof is demanded at trial. Document#: 185509.1 -2- WHEREFORE, Defendant request that this Honorable Court dismiss PlaintifFs Complaint. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: By Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendam Document #: 185509.1 -3- CERTIFICATE OF SERVICE AND NOW, this~ day of March, 2001, I, Steven C. Courtney, Esquire, of Metzger, ( Wickersham, Knauss & Erb, P.C., attorneys for Defendants, hereby certify that I served a copy of the within Answer to Plaintiff's Complaint this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Valerie Rosenbluth Park, Esquire Park Law Associates, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 Document #: 200371.1 SHERIFF'S RETURN - REGULAR CASE NO: 2001-01231 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS MYERS PEGGY J RICHARD SMITH Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE MYERS PEGGY J DEFENDANT at 95 1ST ST LEMOYNE, PA 17043-1917 PEGGY MYERS a true Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon at 0016:48 HOURS, on the 5th day of March by handing to and attested copy of COMPLAINT & NOTICE the , 2001 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 9 Affidavit Surcharge 10 37 00 92 00 00 00 92 me this Sworn and Subscribed to before A $~--~ day of A.D. honorary So Answers: R. Thomas Kline 03/0s/2001 PARKBy: LAW ASS©~ ~epoty Sheriff VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTOP-NEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA PROVIDIAN NATIONAL BANK Plaintiff VS. PEGGY J MYERS Defendant NO. 01-1231 CIVIL SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: Kindly note that it has been suggested that the Defendant in the above-captioned matter has filed a Petition for Bankruptcy in the United States Bankruptcy Court, and thus this case must be stayed. Respectfully submitted, PARK LAW ASSOCIATES, BY: VALERIE ROSENBLUTH PARK, ESQ.