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HomeMy WebLinkAbout01-2291VALERIE 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 ATTOR/~EY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS. GARY W ADAMS Defendant NO. 01-- ¢2' 71 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 WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VALERIE ROSENBLUTH PARK ATTOP~NEY I.D. ~ 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTOR/qEY FOR PLAINTIFF ACT# :4428000670614078 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS GARY W ADAMS 801 SANDBANK RD MOUIqT HOLLY SPRINGS, PA 17065-1108 CIVIL ~CTION 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, GARY W ADAMS, has a mailing address at 801 SANDBANK RD, MOUNT HOLLY SPRINGS, PA 17065-1108, 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 4428000670614078. 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 4428000670614078, 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 $9,011.56 as of 02/07/2001, plus pre-judgment contractual interest at the rate of 21.90% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $1,532.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $9,011.56, plus pre-judgment interest at the contractual rate of 21.90% per annum from 02/07/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,532.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUI~T I- ALTEP_NATIV~ 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 ATTEI4PT TO COLLECT A DEBT. AlqY I~FORI~ATION OBTAINED WILL BE USED FOR TF.%T PURPOSE. and/or knowingly and volLultarily 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 amount of $9,011.56, plus pre~judgment interest at the contractual rate of 21.90% per annum from 02/07/2001 until the date of the judgTnent herein, plus reasonable attorney's fees in the amount of $1,532.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. VALERIE ROSEAIBLUTE PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VERIFICATION z, HEATHER K00RE AN , declare that: I am a Designated Agent of PROVIDIAN NATIONAL BANK, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County~fornia. Date Designated Agent PROVIDIAN F~'nancial Previdian National Bank VISA® or Mestercardi~ Account A~reement thr Gan/W Adams XHIBIT Pabrus~y 25, 2000 ~C~ ..... Pies.sa res~ew th~e document and keep ~t wdh your other ~mportant papers Th~s Account Agreement contains t ,h,,e, terms which govern your Prowdian Nct~onel Bank VISA ar MasterCard Account (the Aconunt"), The Account allows you to make purchases by using your VISA or MasterCard card (the 'Card ) wherever it is honored and to get cash advances, from us or any other par~c~ating financial institution and from Automated Teller Machines C esr .e?en.c,e_ cb.ac, ks m.sy els? b,e, provided to you as an additional way to use the Account In this Agreement, "you" and "your" mean each person for whom we have o~ned a credit cord Account We, our, ours, and us mcan Previdian Nationa~ Bank er its assignees, as listed on your billing statement The Account may be used only for personal, family, household, and charitable pu~pcaes, 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; Payfltants. You will receive a mordh~/statement showing your outstanding balanca. Payment on lths Account is required in U.S. daibm (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 mstmclie~ 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 payments on your Account or ~o make payments on any other account you have with us or our affiliates The payment due will be: 2% of the new batance shown on your statement plus the amount of enX past due payment, and may ionluda the amount by which the new balance exceeds your credit line. However, the payment due will not be [ess than $15 un[ess your new balance is less than $15. in which case the payment due will be the amount o the new balance) If your Account is past due or above the credit ne, we may requ re a higher mia mum payment, but we w II no fy you before doing so f your payment s more then the payment due, it will be treated as a eing[e payment and none of it will be aopliod to future payments due We may accept late or partial payments, or payments marked "paid in full" or marked with other restrictions, without losing our right to cdilect ali amounts owing under this Agreement Finance Charges. Except as described (n Ihs Grace Period fer Purchase Balance section of this Agreement, finance charges be~in to accrue on a debit when it is included in one of your daily belances and continue until that belanca is reduced by a Paymenl or credit Your Account has the following Palancas: The Purchase Ba(anca. which consicts of your existing Purchase Balance and new purchases you make w~ your Card and fees for cedain eqfional services; one or more Custom Cash Advance Balances, which consists of belences that you transfer to your Account using balance {ransfer checks and Palancas that we transfer for you; and the Cash Advance Balance which consists of all other cash advances and cash advance transaction fees. Any payment amount we recewe that exceeds the finance char~es and fees then due will ordinarily be applied first to the Balance with the lowest Aon~ Percentage Rate (APR), until that Balance is zero, and then to the Baleone with the next lowest APR, until that Balance is zero, and then to any remaining Balance We rese~e the right to appJy payments differently withoul further ca,ice 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 postedi Purchases are included in your Purchase Baleeca as of the date made. Custom cash advances are inc eded el,our Custom Cash Advance Balance as roi owe: funds e ectren ca ~/transm tted to other tsnders to transfer balances, as of the date transmitted; checks to transfer balances, as of the date presented to us. Other cash advances are indiuded in your Cash Advance Balance as foltsws: cash advances from other financial institutions and through Automated Tellers, as of the date made; cash advance checks made bayabla to you that are identified as ceshiets checks and mailed to you at your teepee/, as of seven days after the date we print on the check; al( other checks, as of the date presented to us Other debits are inclUdad in your Pumhese, Custom Cash Advance, or Cash Advance Balance as of the date pasted Finance charges are added to your Purchase, Custom Cash Advance, and Cash Advance Balances each day and are then pocteq on the last day of the billing cydie 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 Balance, add ell debits and subtract all credits for !he current day and multiply the net amount by the applicable deiiy periodic rate (see fditswing paragraphs). The finance charge for each type of Balance is then added to and indiudad in that day e Batsnca. We treat a credit balance for any day as zero Wa determine the total finance charges on be[ances for the billing cycle by adding tegctber the finance charges for each type of Balance for each day within the billing cydie, in catsulafing ficanca charges, an ad uctment will be mede for any transaction or payment that would have affected the finance charge catsu[ation in a pder billing o/die had it been posteq in thct cycle The abplicabts dairy periodic rate for such a trancac on will be he rate in effec for he curren billing cycle rather hah he ra e in often on the date of the transaction Your statement indiudes an average daily bctance for each type of Balanca You can multiply each average daily belaece that is not zero by the number of days in the billing o/file and the periodic rate to eqtain subtotals, and then add the subtotals together to determine your total finance charges on balances for the bil[ing cydie if a cash advance transaction fee is charged, that amount is also a finance charge The ANNUAL PERCENTAGE RATE ~PR) for purchases is 21 ~/,,, corresponding to a daily periodic rate of g 06000% The ANNUAL PERCENTAGE RATE for custom cash advances is 23 9filo, corresponding to a daily periodic rate of 0,06548% The ANNUAL PERCENTAGE RATE for cash advances is 23 9%, corresponding to a daily periodic rate of 0.06548%, If your payment is received late twice in any 12*month period, or if you significantly increase your total ur. secured debt [as e:~plained in the CREDIT REVIEW paragraph befew), the APR for purchases may increase, but wilt not excear:i 23.9%, correspondi~ to a daily periodic rate of 0.06548%; and the APR for cash advances and custom cash advances may increase, but will not exceed 25.9%, corresponding to a daily periodic rate of 0 07(396%. Your Account may be eligible for lower APEs after you have met the terms of this A~'eement for three months, ff you contact us, we will review your Account to determine your eligibility for lower APEs CREDIT REVIEW: SPECIAL REQUIREMENT You agree not to significantly increase your total unsecured debt. Your APR can increase (as expleined above) based on a significant increase in unsecured debt, if your total unsecured debt and your tctei unsecured debt with other lenders each inereases by more than $5,000 and your annual household income is less than four times your total unsecured debt. Grace Period for Purchase Balance. New purchases bested to your Account in billing cydies with no previous belance, or when the previous balance was fully paid dudng the cycle, cio 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 total new belanca in furl by the payment due date shown on your statement New purchases posted in any other biging cycle incur a finance charge, andthere is co period in which such purchases may bo repaid without incurring a finance charge Fees. We wilt obargeyoer Acccont $0 for: each Card you ask us to topless; each returned payment; each check you write on your Account that we return unpaid; each stop payment order or reeewal of such an order; each billing cycle within which your Account ~s dalthquent (late charge); and each billing o/cia within which your balance exceeds your credit line ovedimit fee, even if your Account is ctssed if you request copies of bi[lir~j statements that were first sent to you more than three months earlier, we may charge a handling fee of 6'2 for each such copy. A cash adeance fee of 3% (minimum $5), which is a RNANCE CHARGE, may be charged for each cash advance transaction made on your Account, Default. Y~u will be in default: if any information yo~ provided us prov~ to bo incomplete o untn~e; if ~,u do r~t co,pry with any pad of this Agreoment; upon )'car death, bankruptcy or insolvency; ~f you do not pay other debts wi~en due; if a bankruptcy pet hun ~s filed by or eg~mst.~ou; or ~f we befieve m good faith that you may not pay er perform your obligat~ns under Agreement, if you are ~n default we may, wrihout further demand or norms, cancdi your credri pevfleges, declare your Account balance ~mmedlateiy dee and payable, and use any remedy we may have. th the event of your default, the outstanding balance on your Account shall continue to accrue interest at the APR(s) disclosed in the Flcanca Cbar~es section of thL~ Agreement, even if we have filed suit to cdilect the amount you owe CredltUne. Yeurcreditlineisspaeiflodfrom fimetotkseinaesparatenofice Your monthlystatamentsshewyourcreditlineesdtheamonntofyoureveilabieeredit. We may increese or ,~'r~ese your credit I/ne beseq on information we obtained from you of your credit records. Your available credit ia normally the difference between your credit line and your Account balance (h'~diuding transactions mada or authorized but not yet postedJ ffyou send us a large payment check, we may limit your available credit while we confirm that the check w[~ clear, For certain transactk~ns, ava abts credit may be tess. You witl not use your Account for, and we may refuse to honor, any transaction which wodid cause you to exceed your available credit. Promise to Pay. You promise topay us when due all amounts borrowed when you or someone else use your Account (even if the amount charged exceeds your perm[seion) all other transact!ons and charges to your Account, and cdilect~3n costs we incur including, but not limitod to, reasonable attorney's fees and court costs. (If you win the suit, we will pay your reasonable a~ternay s fees and court costs) Changes, After we provide you any entice required by law, we may change any part of this Agreement and add or remove requirements If a change is made to the Finance Cbe~as sec~n of th/s Agreement, the new finance charge catsulction wifi apply to your entire Account balance from the effective date of the change, Changes Account before the date of the change, and wig apply whether er not you continue fo use the Account. Foreign Exchange/Currency Conversion. If you use your Card far transactions in a currency other than U govemmect-mendated rate or (ii wholesale market rate in effect the day before the transaction is processed, increased'by three pemanl will be decreased by the same percentage The currency cenvers on rate used on the conversion date may differ from the rate in effect on the date you used your Card. You agree to accept the converted amount in US, dollars The Card; Canoe/tartan. You may cancel your creel privileges at any time by notifying us in writing and destroying the Card s). Upon the Card expiration at the end of the month shown on it we reserve the r~ht not to renew the Card We may cancel the Card and your credit pnvileges at any time after 30 days notice to you or without notice if permitted by law. If your Card is cancelled or not renewed, finance charges and other fees will contin~ to be assessed, payments wit[ coniinue to be due and ail other apalica~la 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 ne longer writa checks on your Account, and you shou~ destroy any unused checks we have issued to you Pesascal Information; nocuments, You will provide us at least 10 day~ notice if you change your name, home or mailing address, telephone numbers, employment or income Upon our (Continued on reverse) (5846-0698) 4428000670614078 0184 040 zs; request~ you will provide us edditiona[ financial information We reserve the right to ,~btain inforr,,ation from othem, including credit repealing agencies, and t~ provide your address and information aboutyourAccounttoothers We mav also share informatiee with our affiliatas H0wever y~umaxwritet~usatan~t~meinstructingusn~tt~sharecred~;~nformati~nw~th~uraf~iatas Ifyou deco furl you ob ga onsunde hisAgeemen anegatveced epott ha mayreflec onyou crsdit may be submifted to the credit reporting agenc~es Customer Service; Unauthorized Use, Loss, or Theft of Checks or the Card. Eac~ Card mas be s~gned on recmpt You are responsible for safeguar(~ng the Card, your Personal [danhfica ~on Numper["PIN" whichprovjdesecceastoAutomatedTetle Mechnes andanychecksissuedtoyoufromtheft~andkeepingyourPINseparateftomyourCard Ifycodiscoverorsuspectthat your CarPi PiN' or~esy' ucosed checks are lost or stolen or 1hat there may be an unauthorized transaction on your Account, you will promptly cotity us by carting 1.S00.933-7221 So we can immediately ect to limit loseas and liobilify you will phone us even though yea may a[so netify us in writing Your[iebilgy forunauthorizeduseoccurringbeforeyou notif'y us is ~imited to $50 Ifyou report or we suspsct unauthorized use of your Aocount, we may suopeed ysur credit privileges until we resolve the problem to our satisfaction or iSSL~e YSU a new Card If your Card is lost or stolen, you will promptly destroy all checks in your possession To improve customer service and security, you agree that your calls may be monitored or recorded Merchant Relatleea. We will not be ~iable if any person or Automated Tel[er Machine refuses to honer the Card or accept your cheeks, or fails to return the Card to you We have no responsibility for goods and servicec purchased with the Card or checks except as required by law (See Special Rule be[ow) Certain benefits that are available with the Account are provided by third-party vendors We are not responsible for the quality, avai[obility, or results of any Of the services you choose to use Stop Payment Orders. tt you wish to stop 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 stpp 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 the check: the exact amount, the date on the check, the name of the party to whom it was payable, the name of the person who signed it, and the check number. You will be asked to c0ntirm an oral step payment order in writing We may disra(~ard your oral order if we do not receive a sinned written confirmation within two weeks after the oral order, or if we have not received an adequate dascriptiea of the item so that payment can be stopped The order will not be effecbve if the check was paid by us before we had a reasonable opportunity to act on the order. We may, without liability, disregard a written stop payment order six months after receipt unless it is res, owed in writing Stsndant of Care. ~=cauce 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 net every check and Card slip w~ll be sent to us, transactions in your Account will be processed mecheeically without our necessarily reviewing every item. Our process~ngsystem will call our attention to cedain items which we will examine We will examine all transactions when you report that your Card or checks have been lost or ste[en We do not intend ordinaniy to examine all items, and we will not be negligent if we do not do so This rule establishes the standard of ordinary care which we in good faith will exercise in adminisfaring your Account Because of our limited review, and because neither your cancelled checks nor Card transaction slips will be returned to you with the monthly statement, you should be careful to enter all checks in your check register or otherwise keep a record of them You should alee save your credit card cash advance and purchase slips. You corea to check your monthly statements against your record and to nollE, us immediately of an,,, unauthorized transactions or errom Walver,~f Certafa Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision lafar You waive: the right to presentment, demand, protest, or cotice of dishonor; any applicable statute of limitations; and any right you may have to require us to proceed against anyone before we file suit against you, Applicable Law; Severabilify Asslgament. No matter where you live, this Agreement andyour Account are governed by federal ~aw and by New Hampshire law, This Agreement is a final 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 to applicable [aw, and the rest of the provisions in the Agreement will still be enforceable At any time after we determine in good faith that any proposed or ehacted legislation, regulatory action, er judicial decisiee has rendered or may render any matedal provisions of this Agreement invalid or unenforceable, er impose any increased tax, reporting requirement, er other burden in connection with any such provision or its enforcement, we may, after at least 30 days notice to you, or without notice if permitted by law, cancel the Card and your Credit privileges We may transfer or assign our fight to all or some of y,?ur payments, if stats [aw requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the state s Secretary of State. Notices. Other notices to you shall be effective when deposited in the mail addrsssed to you at the address shown on our records, unless a longer notice period is specified in this Agreement or by law, which period shall start upon mailing. Notice to us shall be mailed to our address for customer service on your statement (or other addressee we may specify) and shall be effective when we receive it YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act Notify Us in Case of Errors or Questions 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 aa seen as possible We must hear fTom yOU no later than 60 days after we sent you the flint bi[[ on which the error or problem appeared. Youcan fa[ephoneus, but doing ee will not preserveyour rights In your lefter, giveusthe following information: -YournameeedAccountcomber --Thedolfaramountefthe suspected error - Oeechbe the error and explain, if you can why you believe there is an error. If you need more informafion, describe the item you are not sure about Your Rights and Our ReeponslbifitJee After We Receive Your Wriften Noifce. We must acknowledge your letter within 30 days, unless we have corrected the eh'or by then. Within 90 days, we must either correct the error or explain why we believe the 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 finance Charges, and we can apply any unpaid amount against your credit line You do net have to pay any questioned amount whi~e we are investigating, but you are still obligated to pay the parts of your bill that are not in question. if we find that we made a mistake on your bill you will not have to pay any finance charge related to any questioned amount If we didn't make a mistake, you may have to pay finance charges, 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 owe and the date that it is due. If you fail to pay the amount we think you owe we may report you as delinquent However if our explanation does not satisfy yco and you wdte to us within 10 days telling us that you still refuse to pay we mast toil anyone we report you to that you question your bill And, ,w,e must tell you the name of anyone we reported you to We must tall anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can t collect the first $50 of the questioned amount, even if your bill was correct Special Rufa for Credit Card Purchases. if you have a problem with the quality of the property or services that you purchased with our credit card and you have tried in g(xx:l 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 two limitations on thio right: (a) you must have made the purchase in your home state, or if not within your home state, within 100 miles ofyour current mailing address; and b the purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services Complete this short £orm and return it in the postage-paid envelope provided. 30-Second Response Certificate Yes, I want to accept your invitation for a customized VISA' Gold account! I agr~ to be bound by the Account Ag~_ment (which will be mailed to me before my VISA card is issued) and to repay principal, inb~'e~t, and lnter~t thereon, except that I will have no obligation ff I re~-n the card(s) unused and can~ my No Annual Fee 801 Sandbank Road HT Holly Spgs, PA 17065-1108010 .. 2706N1 ICIL3 GX238 OODNUHLQ JDFD LHADCCBD 53T ?06-4644-98~9-4 Thisinvi~tition~Tire~: N~ve~ber 28, 1994 $20,000 Credit Line e Immediate Cash ~owest Purchase Rate GUARANTEED SAVINGS R. Thomas Man= Vice President ?06-4644-9849-4 Reference Number: 208427363 Box : 478 Year : 94 Batch : 5 SSN : 208427363 Account # : 4428000670614078 MLHARTS 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 TEAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 801 SANDBANK RD MOUNT HOLLY SPRINGS, PA 17065-1108 4428000670614078 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS GARY W ADAMS Defendant NO.01-2291 PEAECIP~ 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 $9,011.56 $1,532.00 $59~.72 ($0.00) ($228.00) TOTAL $10,912.28 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 and marked Exhibit "A". VALER~J~K,ESQUIRE Attorney for the Plaintiff ! AND NOW,~./Lt~%p ~ , ~6~65I , 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. PROTHONOTARY 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 PAR~ ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 17065-1108 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 801 SANDBANK RD MOUNT HOLLY SPRINGS, PA COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS GARY W ADAMS Defendant NO. 01-2291 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: GARY W ADAMS 801 SANDBANK RD MOUNT HOLLY SPRINGS, PA 17065-1108 DATE OF NOTICE: 5/18/01 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WH'HOUT 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 THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTYCOURTHOUSE ,4th FLOOR CARLISLE, PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P.C. CCi THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, FXHIBIT VALERIE ROSENBLUTH PARK ATTORNEY I.D. ~ 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 1108 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT TRUE Ai~D CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 801 SAi~DBANK RD MOUNT HOLLY SPRINGS, PA 17065- CU~BERLA/~D COZR~T:¥ COURT OF COMMON PLEAS PROVIDIAN NATIONAL BAi~K Plaintiff VS GARY W ADAMS Defendant NO. 01-2291 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 GARY W ADAMS, Defendant is over 21 years of age; that his/her place of residence/business is located at 801 SANDBANK RD MOUNT HOLLY SPRINGS, PA 17065-1108 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 ~SSOCIATES, P.~. BY: ~ Val~bluth Park Attorney for Plaintiff El0 VALERIE ROSENBLUTH PARK ATTORNEY I.D. ~ 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 1108 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 801 SANDBANK RD MOUNT HOLLY SPRINGS, PA 17065- CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS GARY W ADAMS Defendant NO. 01-2291 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 nurmber: (215) 348-5200. PROTHONOTARY~ /~ PURSUANT TO THE FAIR DEBT COLLECTION P~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. SHERIFF'S RETURN - REGULAR CASE NO: 2001-02291 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS ADAMS GARY W DAWN L.KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being dull, sworn according to law, says, the within COMPLAINT & NOTICE was served upon ADAMS GARY W the DEFENDANT , at 1732:00 HOURS, on the 27tln day of April , 2001 at 801 SANDBANK ROAD MT HOLLY SPRINGS, PA 17065 by handing to GARY W. ADAMS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 4 34 00 10 00 00 32 34 Sworn and Subscribed to before me this ~ ~ day of ~"' ~rb~h~notary ~ So Answers: R. Thomas Kline 04/30/2001 PARK LAW ASSOCIATES By: Deputy Sheriff