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HomeMy WebLinkAbout01-1233VALERIE 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. KENNETH J BROOMER Defendant NOTICE No. Ol - /2&3 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. ~ INFORF~TION OBTAINED WILL BE USED FOR THAT PURPOSE. VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4428002573520139 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS KENNETH J BROOMER P4 ANTRIM DR MECHANICSBURG, PA 17050-2933 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, KENNETH J BROOMER, has a mailing address at P4 ANTRIM DR, MECHANICSBURG, PA 17050-2933, 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 4428002573520139. 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 4428002573520139, 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 UA" 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 $13,319.92 as of 11/30/2000, plus pre-judgment contractual interest at the rate of 18.00% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $2,264.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $13,319.92, plus pre-judgment interest at the contractual rate of 18.00% per annum from 11/30/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount Of $2,264.00, 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 repayin9 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 $13,319.92, plus pre-judgment interest at the contractual rate of 18.00% per annum from 11/30/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,264.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. VALERIE ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATIONOBTAINED 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. mia. Date Designated Agent ~ Financial Providian National B~nk'VISA® or Maste~ard~ EXHIBIT Please review this document and keep it with your olher impomnt papers. This Account Ag..roam ant conl~ns Ihs terms which §ovem your Providian National Bank VISA or ~sterCard Acooun the "Acoount'~ The Account allow~ you to make ourchasas by using your VISA or Mas e~asd card ( he Card') who ever t is honc ed and o ge cash advances from us or an other ad c; stint llnanc~al ~nst]tut~ anc~ fi.om Auturnated Teller Manhmas Convenamce checks may als? be prowpaci to you as an addthonal way ts use the Account. In th~s Agreement, you" and "your° mean each damon for whom wa have opened a credit card Account. '~/e," "our," 'ours,' and us* mean Providlan Na~uneJ Bank or itS assignees, as listed on your t)ltling statement. The Account may used only for pamanal family, household arrd charitable purposes, and not for any busiqass o~' cun~ero~al purpose. Any usa of Ifus Account shall constitute acceptance of the terms o h s Agreement. ~ftheAcoountweaopanedasajthntas~ount~wemayantantheiastmctons~fe~therl~ntascounth~lder You and we agrae as fdilows: Paymanto. You will receive a monthly statement s hev,'lng your outstanding holanca. Payment on this Account is required in U.S. deilam (checks must be payable at a U.S. o;~e of ~he bank the check is dmwo on for at least the payment due as shown on your statamanl by the payment due date in accordance with payment instructions on your monlhiy statement. The hock of your statements shows Ihs nJles we follow when wa post payments. Coovemance checks, and other checks we ~ssue o you may not ho used to make payments t:n your Account or to make on any other account you have with ~s or our affliate~. ~i~ta paymenl due will be: 2% of tt~ new balance shown on your statement plus th~ amount of any I~ast d~e paymeni, and may indiuda he amount by wh~J1 the new balance exceeds your .c~t line. However, the pay~llt due will not be tess t!len $1~ (~Jntass your new balance ~s less than $15, ~n wt~ch casa the payment due ~lt be the amount d the new balence). If your Account ~s past due or above the cradi ~no, we may redu~re a h~Jher m~ntmum payment, but wa w~ notily you before doing so. I your payment is more the the payment due it witi be treated as a single payment and none of it will be applied to fi, JbJra payments due. Wa may accept ate ur part a payments or paymentS marked'paid in full' or ma~kdd with other tastdeimns, without losing oar fight to cdilact all amounts ow ng under this Agraemen, If yea have rmlda epecfat payment arrangements with either First Union or Provid~an, you need to continue making the agreed u~ payments. Finance Cha~ Except as described in the Grace Period fo~' Pu~'¢h~ee Balance santian of this Agreement, finance charges begin to accroe ?n a deb t when it is in?J~da~ in one of your daily belencasandconhneauntilthatbalencels reducedby apayme~t ur ~'.c:mdit. YogrAasount hea the fatiow~ng..holences: TheFurchase~alance. wh~chcoes~staofyoure~lisling Purchase faience and new purchases yo~ make with your Card and fees ~ caHam optional sewcas; one or more Custon~ ~;ash ,~dvance Batancos. which coas~sle of balances thalyou transfer to your Account using balance transfer checks and balances that we transfer for you; and the Cash Advance Balance which cons~sta of all other cash advances and cash advance transacab~ fees. Any payment amount we recekte that exceeds the llnance chel~es a~ foes then due will ordi~rily be eppti'~:! first to the Balance with the lowest Annual Pamantage Rate APR), tmtil that Balance is za'o, and time to the Balance with the next lowest APR, antti that Balance s zero, and then o say remaining Be anco. We meade the nght to apply payments differently without ~rthe' notice. The Purchase, Cust~ Cash Advance, and Cash Advice Balances am reduced by p~ymenta as of the dale received, and by oredts'as of the ~lata best'ed, Purchases are in~lubed in your Pundleae Baisnca as of the date made. Custom cash advances ara ~ndudad m your ~,ustom Cash Advance Balance as foitows: funds electron~ially ranam~tted to other lendem to raosfer balances, as of the data transmittal, ct]eries to lransfar betancas, as of the date pmsectad to us. Other cash advances are inctiidad in your Cash Advance Balance as follows: cash advances from other llnancial institutldne erid through Automated Tellers, as of *the date made; cash advance checks madajcayable to you that are identified as cashlefs checks and maildd to you at your r~ast, as of seven day~ alter the date we pdnl on the check; all other chechs, as of the date presented to us. Othur debits are thcfu~ in your Purchase, Custom Cash Advance, or Cash · Advance Balance as of the data posted. Finance charges are added to your Puc'chase, Custom Cash Advance, and Cash Advance Balances each day and am then posted on the last day of tbs bitting cycle. Them is no grace bencd for custom cash advances or other cash advance. To ~ the ~iy ~nance chei'ga fi~' each h/~e of Balance, we stud with your previous day's Balance, ~dd all debits and s~btruct all ~radila for ~e cun'ant day and multiply the net amount by the a~tica~la duly panc~:f~c rate (sas fotiowmg paragraphs). The finance charge for each lybe of Balance ~s then added to and Inctudad in that day s Balance We treat a credit balance for any day as zero. We determine the total llnence charges on holsnces for the billing cycle by adding tcgether the finance charges for each ~pe of Balance fo~ each day within the hilting cycle, In caJculating fitra~ca charges, a~ adluslrnent will be made fen any transection or payment that would have.affected the finance charge c~toulation in a prbr billing cycle ha~ it beec posted in that cycle. The aFl,cable duly perladic rate for such a t]'aneact~ wtii be the ~ata ~n effect for the currect b~l!~ng cycle rather than the rate ~n effect on the date of the transect~om Your statement includes an average datiy balance for each type of Balance. You can multiply each average daily balance that is not zero by the number of days in the biting cycle and the hodedic rate to sprain subtotals, and than add the subtotals together to patsrmino you~ total llnance charges on balances for the billing cycle. If a cash advance transectisn fas is ~erged, that amount ales e finance choi'ge. The tam 'Prime Rate" as used in Ihs Agreement means the highest prime rate published in the Well Sfi.eat Journalon the first business day of the pravio~s calendar month Any increase or decraasa in the Annual Pen:entage Rate will take effect oo the llrat day of your billing cycla and may result in a stight increase or decrease in the amount of your minimum payment. The ANNUAL PERCENTAGE RATE APR for purchases will va~, and may be adiusted each billing cycle up to 13.4% above Pdme Rate, but will in no event be tess than 2~.9%. Using this formula, the APR for purchases in the May 2000 btiting cycle s ~'2.4%, cormspouding to a da ly periodic rae of 0.06 37%. The ANNUAL FERCBNTAGE RATE for cash advances is 21.9%, corresponding to a daily periodic rate If we receive your Account payment late 2 or more times in a~J ~-month period since Cctuber 1, 1999, on each such occurrence we may increase the AFR for purchases up to a ma~in~m of 23.3% {corresponding to a daily periedlc rate of 0.~384%, and increase the APR for cash advances and custom cash. advances tip to maximum of 23.9% (corresponding to a daily periodic rate of 0.06548%). If a~rer you ~ce~ve the higher rates your payments are received on lime and you m eat all other terms of th~s Agraern ant for 3 consecutive months, you may ccotact our Customer Sen, ts:e dabar~mant and, at your request, we will review your Account fur a pass,la APR reduction. If at this time the APRa in your Account have already/pateased banausa you did nol n~eat the existing term~ of y?ur Account Agreement, yo~r existing APRs will coati, un to ep~ly: If you meat all terms of this Agreement for 3 consecutive months and y_ou contact ou~' Customs' Se~v~ca deparlmant, we will. review your Account ~' a posmble APR reductron. Star~ng July '2~00, h~tevor, the APRs deshohod in the preceding paragaph w il apply, if your Accoun paymen s are recewed Fate 2 or more t]mas in any B-month Faded since Octcber t, 1999. Grace Faded far Putcbeea Balance, Ne~ purchases pasted to your Account th bitting cycles with no piwvldus holanca, or when the prevmus balance wes ~tiy paid der thg the cycle, de not begin to incur a llnance charge until the atari of the next billing cycle. You will pay no llnanca cha~e on such new purchases if you pay the total new batance in full ~ the payment due date s~3wo on your statement. New purchases posted in any ether bitting cycle incur a finance charge, and there is no peded in which such ps,chases may be repaid without mourring a llnance charge. Fees. We may chasga your Acco~t $0 fen ~ch Cad you ask us to i~ola~e; each returned payment; each .~leck you w~t? on your Aucounl that we return unpaid; e~ step p~ment order renewal of such an urdec, each billing cydi? wtthth which you,' Account ~s dahnquent (lata charge); and each billing cycle w thin which your halenco exceeds your credit line (ove~Jmit fee), even your Acc~.~t ~ dosed. If you request c~ of bitting statements that were llmt sent to you .more than thra~.mont~s eadier, we ma,.y. ,ab~.r~e a hand3ng fee of...$~ for each.such it witi apply ;sgerdlass of whether fonds are avalbi3le in your personal checking ancounl to make the payment. We may charge a tha~actton fee of 3% minimum $.5), wlach ia a one*time FINANCE CHARGE, an the amount of each cash advance, inck. lding cash from llnanulal ins~utions, and AT f,,b, wire traes~a's, n~ orders, ldtte~ tickets, cas no gaming chipa, and sm let transactions. Default You witi be la default: if any info,marion you provided us proves to be incomplete o? untrue; if,(o.u do a~t CO~lply with any part of this Agreement; ulx~ your daath: ho~kmptcy, or. thso!vancy; if you de not payother debts when due if a bankn~tcy pel~tfon ts lfled by or aghast y~u; or si' we betiave ~n gecd ~th that ~fou m~.y not pay or bedorm your daligalx~ls under th~s Agi'ereaant. If you era in default we may, without ffuffller demand or notice, cancel you[ credit pnvtiag .ea, daderayour Account helen,s ~mmediataly due and payable, and ~e any remedy we. may hha~a, in the event of your default the outatandng balance on your Account shall cant]naa to acorua interest al the APR e disclosed ~n the Finance Cha~'gea sect]on of ~ Ag~'eement, even ffwe ave ~ su I to cotiect the amount you owe. Credit Line. Your craft line is epeth~ed from llnla to time al a sebemfa notice. Yc~' monthly s~faments show your erect tine and ~ha amount of your avaiJuble credit Wa may inoresas ur ~lscra'~s e your cm~t line based on infomle~n we obtained fi'om you or ym~ credit r~ords. Your avatiuble orec~t i~ normally the difference between you,' oredit line and yo~ Account hoiacop {including transactions mede or authorized but not yet posted), ffyou send us a tat'ge payment check, we may hm~t ye? ava~i~le cradit while we conltrm that the che~,k w~ll de?. For certs~n transactions, evalebla oredi may be laas. You wil not usa your Account for, andwe may ra~use to honor, any hansact~on wlach would cause y~J o exceed your ava~tleble credit. Promise to Pay. You promise to pay us when due all amounts borrowed when you or someone else use your Account (ev~ if the amount charged exceeds ~ur hormica~an, all other transachens and chargea to your Account, and cditactlan costs we incur lactuding, but not limited to, raasonabla attorney's f~ and court costs. (If you win the suit, we will pay your reasonable attomayls fees and court costs.) Changes. A~er we provide you any notice requ red by aw we may change any part of this Agreement and add or remove requirements. If a change is made to Ihs R~ra~ce Charges sec~ea of this Agreamec, the new finance charge ca cu arian will apply to your entire Account balance from the effective date of the change. Changes will apply to ba encee that nc uda items cc, sted to your Account before the data of the chanae, ar~ will apply whether ur not you continue to use the Ac~unt. Foragn Exchonge/Curr~ncyConveraion. IfyouaseyourCard for ransactioasinacun'ancyothorthenU.S, ddi~ars, hetransadiionswtibaconvertedtoU.$.ddilars ganera[lyusingal~era(i government-man.ted ~a e or who asa · murks a e n effect the day before ihs transaction is processed increased by throe ~',ement (3%) If a cre~t is subseduently g~van for a transact.co, ~t willhodacmasedbythesamep~centage The ourrenny cc. nversldnmteusedon heconversondatsmaydifferframtherat=ineffoctonthedateyouusedyou~'Card Youagraetoa~eptthe The~ard;~ance~ta~n~Youmaycanoe~yourcrad~priv~iegesataoytircebyno~fYingus~nwri~ngandbes~roy~ngtheCards UpontheCadexpra[ona th,*.r..,ee,~m~he, month shown on ~t rese~e the ngbt not to renew the Card. We may cancel he Card and your credri privileges al any time after 30 days no ce o you. or without not,ce if perm fired by law nol renewed, finance charges and other fees will continue ~o be assessed, payments will continue to be quo, and all other eppllcahts p OV S~OnS O h s Ag cement will remain in effesti {I you terminate your craCit privileges, or if we cancel or dd not renew the Card, you may no. fencer write checks on your Account, and you should destroy any unused checks we have issued to you. Peraonal Information; Docurcento. You will provide us al least 10 days notice if you change your narco, home ar mailing address, eledhene numbe s. empbyment or income. Upon our request, you will provide us additional financial info{reuben. We reserve the. right to obtain information from othem, indiu(~ng ~radi~ report eg egenc es, and to provide your address and informatio~ about your Account to others. We may also share ~nformation with our affiliates However. you ma',/write to us at any t~me ~nstmctino us not o share c edt nformat on w th our affiliates if you do not fulfill your obligations under th~s Agreement, a negative credit report that may raiment on your credit may be submitted to the credit reporting agencies. Custorcer Service; Unauthorized Use, Loss, or Theft of Checks or the Card. Each Card must be signed on receipt. You ara responsible for safeguarding the Card, your Persocal Identificat Numb~ ( PIN, which prowdes access to Automated Teller Machines) and any checks issued to you from theft, and heeding your PiN separate Eom you Card. f you discover or suspect that your Card, PIN, or any unused checks are fast or stolen, or that there may be an unautbodz _~ Iranascii?n on your Account y~u will promp ly notif~ us by calling 1-800-g33.7221. So we can Immediately act to limil looses aod liability, you will phone us even Ihough you may also nol~fy us in writing. Your liability ~or unauthonzed use ououmng befo,.e you noti6/us is limited to ~0. rodent or we suspect unauthbezed use of y~ur Account we may suspend your credit privileges until we resolve the prnbtsm ~o <:ur sa stsc on o ssue you a new Card. f your Cerd is Jest or sto eh, you w fi pmmp,y destroy all checks in your poesessidn. To ircpmve customer se'vk:e and security, you agree that your caliz may be monitured ar recorded. Merchant Relations. We will not be liabts ifany parson ~' Automated Teller Machine re[uses to honor the Card or accept your checks, or fails [o telurc the Card o you. We I~ve no res133rmib for ga(xfa and sevicee purchased with the Card or checks except as re~uired by law. See Special Rule bedew. Cedain benefits thai ara ava ab e wi h he Accoun are prov dod by third-party vendora. We ara no responsi~ e for he qua ty, ava ab ty, or resu ts or any of he serv cee you choose to use. Stop Payment Orders, if you wish to atop payment on a check, you may send us a stop payment order by wdtfog to us at ccr eddrass [or cue emer service s ed on your eta ameer. You can make a stop payment order emily by calling the nurcber listed on your statement. When you make e stop paymen arden, you mu~t previde your Account nomber and specific information about check: theexaclemount, thedetson tbecheck, the nemeoftheparty towhomitwas payabts, tbenameofthepemonwndelgnedit, andthechecl(numbor Youwllbeesked foounlfrm eno, stop payment order in wrdfag. We may disreoard your or~l order if we do not r~ceive a stoned written confirmation within two weeks after the oral o der or f we have nc renaued an adequate ?s. ~'lPti~l of the item so that payrcent nan be stopped, The ~ w il not be e.ff .ectNa if the ~hec~.was pai~ by us before we ~ci a reesonable oppertunth/to act on the order. We may w hour Ifab ~[ty, disregard a written stop payment order six months alter receipt unless tt ~s renewed in wn ~ng. .Standard of Care. ~ecau~e this Account iovoivee both =edit card and check transactions which are processed through separate national sys ems before he ransachons ere coi~olideted by en,,d b~re~a,.use.~t ,eve~/?e~..k and ~,rd slip ~.ll be s?nt ta..,us, t ...rensec~'.,i~ls i.e. your Account w, ill be prccees~l m echan.,.~catly without our necessarily reviewing evay item. Our pmceesing systerc ca[~ ou a[[enunn [o corem ITems wmon we wla examine, we Will examine all ~nsaonons wean you report that your r.,atd or checks have been les or s~en We do no n end ordLqaniy to ?. ?ml~the .al. I ~em~, ~ we, will not be ~..~,lgant If we ~qot. dd ?o. Th.~ ~.e establ?ee..the s~.nderd of o~no~y cam which we ,n good forth will axe=sa in adm thiataring your Acouunt. I~ecaus, ~ _ec__~.r~:~=!er _~_ o.~.e,~v~ =.e keed a r .?r~ of, ~em. ~ou should also save your credit card cash advance and purchase slips. You a~rae to che~k your rnqnthlv statements ecainsl your ra~rd ar Waiv,*r ofCertoin Righto. Wemay defayorwaiveenfomementofaoypmvisien ofthis Agraercent without losing our righlts snforcei oranyoherpravsidn aer Youwaive: tbedghtto presentment, demand, prelect, or notice of dishonoc, any opplidabts statuta of limitations; and any right you may have to require us'to pr~ against anyone before we ~le stat against you. Appllcabta Law;, eeverebiftty; Assignrcent. No rca~tar where you live, this Agreement andyour Account are governed by federal law and ~ New Heml~hire law. This Agreement is a ~inal expression of the agreement between you and us and may no{ be contra~ctad by evidence uruny al!aged oral agreement. If ecy provision of this Agreement is bell to be invalid or unenfo~ceabl you and we wifi cuneider lhat provision mo.§ed t~ co~lthrm to ep~cable law and the rest of the provisions in the Agreement will sti be en forceab e A any time after we determiee in good tsith that any p,-opnsed <x enacted legislation regulalenj ashen, or UPfo~ d~ion has rendered ur. may render any mataria prey elons of this ^gmement thva id ~ unanfo ceab e, or ircpose any increased tax, rel~ng requirement, er other burden in onnnecddn with any such provision or ~fo enforcement, we may, after a~tasst 30 day= notice to you, or without notice if perrn {ted by aw, canoet the Card and your Credit privileges. We may transfer or assign ~ur dght to afl or some of .y,? payments. If stats law requires that you receive notice of such an event to protect the purchaaer or assignee, we may give you such notice by filing a ~canoing statement with the states Secretary of State. No~ces, Other notices to you shall be effective when beposiled in the mail addressed to you at the eddrees shown on our res=ds, unless a icnger notice period is specified n this Agreement o by law, which period shall stat upon maiifog. Notice to us shall be mailed ~o our address for customer so. ice on your statamen~ (or o her addresses we may spec ~y) and shall be etfectJve wbe we reece~ve it. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your ~hts and our mspo~ibilitiex under the Fair Credit Billing AcL NoEfy Us lo Came oY Errors or Quos#on= About Your Bill. If you think your bill fa wrong or if you need more in formation abou any tranaac ion on your bil, wri · us on a separate sheet, at th address listed in the Billing Righth Summary on your bill. Write to us as soon as I:,~sibts. We must hear ~rom you no rotan than 60 days afte we sen you the first b on which the error or prob appasmd. You can talabbone us, but doing so will not presage your rights. In your letter, give us the following ~nformaticn: - Your name and Accoon numbe - The do ler amount of the suspected errur. - Describe the er r~" and explain, if you can why you believe there ia an eh'or. If you need more ~nformabon, describe the item you ate not sure about. If you have authorized us to bey your credit card bill automatically kom your checking account, you can stop the payment on any amount you think is wi'eng. To stop the payment, your letler reach ua three business days before the automatic payment is scheduled to occur. Your Rigi~M and Our Res~o~sibillties After We Receive Your Writta~ No~fce. We must acknowledge your le~ter.within 30 days, unless we have corrected the error by then. Within 90 day continua to bill you for the amount you question, iec[uding finance charges and we can apply any unpaid amoun egains you c edit ina. You d= no have o pay any quos toned amoun wh · are investiga~g but you are still doligated to ~ the pans nf your b~ll that ar~ not in queerish. . If we find that we made a mistake on your Ifill, you will not have to pay any finance charge totaled to any questioned arcount. If we didn't make a mistake you may have o asr finance choreas, and you will have to make up the missed payments on the questionedarnoont, in either case, we will send you a statement of the amount you owe and tiaa da e thai il is d~e.' If you fa~ to p~y I amount we think you awe, we may report you as belinquerit. However, if our exptsnatidn does not satisfy you and you write to us within tO days telling us ha you thill refuse to pay, we must to anyone we report you to that ?,ou quec fica your bill. And ,w.e must tail you the name oianyone we mp~ted you to. We must tefi sayona wa report you o the he rca{tar has bean se ed betwa us when it finally is. If we don t folfow these rules, we can t collect the first ~ of the questioned amount, even if your blt[ was carracL Spectal RFle for Credit Car~ Purchases. If you have a problem with the quality otthe proper~ or Se,vicee the you purchased,#ith our credit card and you have ~ed in good faith to ourrect I:~iem w~th the merchant, you may not have to pay the remaining amount due on the goods or cervices. There are two limitations on this ri~ (a) you mus have made the purchase in your home state, or if not within your I'~'n e state, within 100 miles of your current mailing address and (b) the purchase price must have been more than ~0. These linc ahons do no apply if we ow er operate the membent, or fwe moiled you the advertisement for the Foberty or semidee, Complete this short form and retur~n it in tl~e postage-paid envelope provided. 30-Second Response Certificate Yes, I want to accept your invitation for a customized VISA® Gold account! I have read the temm on the bar_k of the brochure, r ague to be bound by the Account Agn~nont (which wilI be mailed to me bek~re my VISA card is issued) and to repay principal, interest, and interest thereon, emrept that 1 will have no obligation i/I ~mrn the card(s) and checks unuaed and cancel my account alter ~viewing ~he Account Agreement. 6115265§ Kenneth $o Broomer I,~ /~'MDo~.O ~T ].[,h,Jl.,fl.,Ml[..[.hd,l.[Mh ..[[.,l[.h[.[ 2735N! TC322 GX128 UOBT ~JR NBHB SHDD ~C.IkB 12I 735-10694-6963-3 This invitation expires: Halt 13, ~996 No Annual Fee $20,000 Credit Line Lowest Rates Starting at 0% GUARAN'rlBD SAVINGS 804 ! 4qO -?_//~' _ __ .(_. )_ ........ Credit Protection Plan (Optional) YES, I would like to help protect my VISA Gold account and c~dit rating with the optional Credit Protection Plan described on ~ endosed flyer. YES 735_106od4.6963.-~ EXHIBIT Reference Number: 225049680 Box : 3372 Year : 96 Batch : 14 $SN : 225049680 Account # : 4428002573520139 VALERIE ROSENBLUTH PARK ATTORNEY I.D. ~ 72094 PARK LAW ASSOCIATES, 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE ~ CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: P4 ANTRIM DR MECH~NICSBURG, PA 17050-2933 4428002573520139 CU~4BERLA!~D COUNTY COURT OF COMMON PLEAS PROVIDIA/~ NATIONAL BANK Plaintiff vs KENNETH J BROOMER Defendant ' NO.01-1233 PRAECI.,.~ FOR JLTDGI~ENT 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 $13,319.92 $2,264.00 $880.21 ($o.oo) ($274.50) TOTAL $16,189.63 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 Proce,~e No. 237.1 is attached hereto and marked E~hibl~ "A"./ VALERIE ROSENBLLTTH PARK, ESQUIRE Attorney for the Plaintiff ~ NOW, ~]p~%~ ~ , ~dxbf , 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. VALERIE ROSENBLUTH PARK 'ATTOrCNEY 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: P4 ANTRIM DR MECHANICSBURG, PA 17050-2933 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS KENNETH J BROOMER Defendant NO. 01-1233 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: KENNETH J BROOMER P4 ANTRIM DR MECHANICSBURG, PA 17050-2933 DATE OF NOTICE: 4/2/01 IMPORTANT NOTICE YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITI-ffN 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 THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE '/liE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4tb FLOOR CARLISLE, PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P.C. VALE H PARK, ESQ. CCi THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT VALERIE ROSENBLUTM PA~K 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: P4 A/T!~RIM DR MECFJ~NICSBURG, PA 17050-2933 CUMBERL4%/FD COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS KENNETH J BROOMER Defendant NO. 01-1233 V~RIFICATION 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 KENNETH J BROOMER, Defendant is over 21 years of age; that his/her place of residence/business is located at P4A/FFRIM DR MECHANICSBURG, PA 17050-2933 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 LAW ASSOCIAT S, P.C. BY:valeri~-' Attorney for Plaintiff VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 F~%ST 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: P4 ANTRIM DR MECHANICSBURG, PA 17050-2933 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS KENNETH J BROOMER Defendant NO. 01-1233 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 nuraber: (215) 348-5200. PURSUANT TO THE FAIR DEBT COLLECTION PRA~CES 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. SHERIFF'S RETURN - REGULAR CASE NO: 2001-01233 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS BROOMER KENNETH J KENNETH GOSSERT Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE BROOMER KENNETH J DEFENDANT at 0015:00 HOURS, at U S NAVEL BASE MECHANICSBURG, PA 17055 KENNETH J. BROOMER a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 12th day of March MAIN GATE by handing to the , 2001 COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 6 Affidavit Surcharge 10 34 So Answers: 0o 82 00 00 R. Thomas Kline 00 82 03/13/2001 PARK LAW ASSOCIATES Sworn and Subscribed to before me this p?~ day of ~ ~/ A. ]D. othonotary ' ' By: VALERIE ROSENBLUTH ANGST, ESQ. ATTORNEY 10#72094 ANGST & ANGST, P.C. 37 SOUTH CLINTON STREET P. O. BOX 1779 DOYLESTOWN, PA 18901 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS KENNETH J BROOMER Defendant NO. 01-1233 PRAECIPE TO MARK JUDGMENT SATISFIED, SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mark the above captioned matter satisfied upon payment of your costs. ANGST & ANGST, P.C. r /!/. BY: ,/ L---/ VALER~ROSENBLUTH ANGST, ESQ. .." {'"t"t 1:':;:-) \ ('0 -'..\., c:.~,,:" C> ~~..'