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HomeMy WebLinkAbout01-3333VALERIE ROSEN-BLUTH 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 ATTOP~NEY FOR PLAINTIFF CUMBERLAND COL~NTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS. ROBERT B PARK Defendant NOTICE NO. OI - You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT W~ERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 THIS IS A-NATTEMPT TO COLLECT A DEBT. ANY INFORMATION 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 ATTOP~NEY FOR PLAINTIFF ACT#:4428002718800982 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAI~ NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS ROBERT B PARK 319 W MAIN ST MECHANICSBURG, PA 17055-3240 DEFENDANT NO. ~/- 33~3 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, ROBERT B PARK, has a mailing address at 319 W MAIN ST, MECHANICSBURG, PA 17055-3240, 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 4428002718800982. 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 4428002718800982, 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 $9,348.50 as of 03/29/2001, plus pre-judg~nent contractual interest at the rate of 25.90% 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 $1,589.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $9,348.50, plus pre-judgment interest at the contractual rate of 25.90% per annum from 03/29/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,589.00, 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 amount of $9,348.50, plus pre-judgment interest at the contractual rate of 25.90% per annum from 03/29/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,589.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY:vALE~QUiRE 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 OP. DER FORSERVICE THIS IS AN ATTEMPT TO COLLECT A DEBT. A~Y INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VERIFICATION I, DELORES CHARLES , declare that: I a Designated Agent of PROVIDIAN NATIONAL BANK, the Plaintiff this action, am in 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, in the State of California. Date Designated Agent Providian National Bank VISA® or MasterCard~) Account Agreement for Robert B Park January 16, 2001 Please review this document and keep it with your other important papers. This Account Agreement contains the terms which (3ovem vour Pmvidian N,~tion,,a.I B,ank V S,A. or, Meste,rCard.Accqunt ~the,"Accoun.t") The Account. a ow~ you,to m, ake pu, rche.~e.s, by us.i,ng yopr.VISA, qr~'rvl.,aste..rCa,rd, card,,{the Card ) wherever it is nonoree and to get cash advances trem us or any omer j~artic[pe[ing z~nanc~al instituti.o.n a.n(3 tro,,m Au,tomate~ loller Macnipes. ,L;onveni.ence checks may a so be p. rdvided to You as an addit gna way to use the Account. n this A(3reement. you and ~/our' mean eacn person mr wnom we nave opened a cied t card Account, "We,· 'our," "gu ,m," and "us" mean Prov d an Nationa Ban[ or its. assignees, as list.ed on your bitiing stateme.nt. The Account may ,,be. ,used only for po, .mo, n,al. famdy,.llou, sehola, a,nd,c, hadtab)e purposes, a, nldI not for any business or commerc~a[ purpose, Any use of th~s Account shall constltUta acceptance or me terms ormls Agreement. You ano we agree as roi OWS: Pay ,m.en~. ,Yo,,u wiJt, rece, iv.e e. me.n,.~ y s.tata, men.t showing,your,outstanding balar~.e. Payrq. ent on this Acqo,unt is .re, quj.red in U.S,.d.olla~ (checks mu.st be pa.~(aD~e at a u.~ omce or me Dank me cnesK s orewn on),tor at least the payment gus as snown on your statement Dy tne payment gus gate in accordance win. payme.nt n. structonso.nyourmonthy, s.tatement. The.backofyo.urst~tameqtsshow, s~erue, swefo ow. whenwep, pstpaymer!ts Cpnveni.e.,ncechecks ano omer ChecKs we issue to you may not Da used to malta peymems on your Account or to maKe pa .y. ments on any omer account you nave wim us or our .affili .atas, ,,The pay,me.nt due will be.: 2% of the. p.e.w ba!ance sho,wn on your,st.atam.e, pt pi,us ,the a..mou h,,t ,d, Jf ,any. pest due pa~. ~t, and re. ay i.n. clud,,e,t,.he amgun, t oy wnich me new Da anco excea~s your croci t ne. Nowever, me payment gus w not Da ess man ~to [..mess you. r new oa~ance s ess tnan .~m, n wn cn case the payment ,.d, ue ,w, ill be tbe, amopnt of the~new balanse}[.,lf your .A. cco.u, nt is past .du.e or ,abo.,,vetlle c.reqit line we, may reqqirs e, higher ~m.!nimum peyment, butwew not!yyouueroredongso rvourpayment smoremanmeDavmentoue twit betreateaesasn(31eDaymentan(3noneot tw be applied tp futu.,re payments ~e, We may. aq.c~pt.ia[e or papal payments, or payments marked "peid in futi" or marked witT3 oth~r resections, without losing our dght to co ecl all amounts owing undar mis Agreement. F[nan~ Che.l'g. es.. Except, as dab,n.' .b~d. n the Gm, ce P,,edod for P..um.h, as.e Bal{~nce,sect Rn of this Agr.~ment, .fin,a, nce .cberg~ ,beg[.n to, a..come o.n ,a deb t when it is includes in one or your oail.y balances ano continue until tnat ce~anca is reaucea oy a peyment or creoit. 'tour Account nas me following balances: The Purchase Balance:_w.hich c,,on.s~st.s.of youEe, xisfing Pu, .rc.hese E~al. ancp, an, d new.pu,rcnas.~ you m. ake wi~ your.Card a. nd, fees.for c,ert~,n optJona[ services; one or more Custom L;esn Advance uatancas, WhiCh consts[§ o! mancas mat you [ransrer to your Account using Dalanse transfer checks ano balances that we transfer tor .ye,u; ano ~e L;asn Advance Balance. ,which consi.sts of all o,t. ber ,ca,sh adv.a, nc.e§ and ~sh.,a'.dvance transection fees. Any. payment amount we receive mat exceeds me t~nance chardes ano tees then gus wilt ordinad~v Da amieo t~rst to me ua~ance with the lOWeSt Anncal ~e'.rcentag,e.,Rate (AP~). u .nti,I ~at Balance is zero, ..a,,nd th.e.n t'q,.the .B,ala.nca wi.th the next lowest APR, uhfil that Balance is zero, and then to any remaining ualance, we reserve me ngnt to apply beymencs (~rderently Witnout turmer ncece. ~hue ~'urchase. Cu,sto,m Cash Adv~anc.e, and,,C.ash Advance. Bal,a.nces ar,e re~l~uc,ad by pe.yme, nts as of the de.to, mcaived, a_nd b.y c~dits, a.s .of the da~ta, posted. rcnases ara inclueecl in '/our ~umnese ualance as of me Dote maes. L;ustom cash advances are inclu(:~s~ in your L;ustom uesn Advance ualance as follows: funds electronically transmitted to other lenders to transfer balances, as of the date transmitted; checks to transfer belances, as of the date p. re. sent.ed.to,.u.s. Otherc,a,s.r~adv,ances .are nc!ud~ nyour. Ca,shAdv.ancaBa,.an,ceasfo o,ws cas, he.,.dva.nceafr ,om. o,ther, fin.ancia instJt.uton, sandth.rough Automatal3/oilers. as or me date maea; cash advance COecKS made payable to you thai are iDantiri~ as casniers ChecKS ano mailed to you at your ~requ. est, ~es o.f s. eyen days ~ter.th,a date w%print on the,c,h, esk; e.ll otb,ar .che, qks, as o!the date presented to us.~Oti3er dab~ita e.ra in_clu.de.d in your Pure, h~ase,, ~Justom L;esn Advance,or ~asn Advance ua~anca as or tne date postec. Finance cnar~.e.s are added to your yumnase. ~;ustom L;esn Aovance, ano ~;aso Advance Balances eacn day and ara then posted on the last day of the billing cycle, lhere is no grace period for custom cash advances or other cash advances. dTO figur~ th.e..~ilyfinan, ce charg,a fo[ each ~.of .B .e.lance¢ w..e st,art,with yo..ur previous day'.s ,Bala,no% add all.debits, and sub.tract a,ll.,c .mdits fpr .~he cuFent. ay an(3 mula. ply me net a.m.,ou_nt Dy me ,aJ:~pllcaDie Dally p, enoom rate [see rollowing parag[e.pns). /ne nnance cna.fpo ]or eecn type or ua~ance ~s men ac~eo to a.n.d incl,u.ped ,in th, pt ~y s,Balance: we trp, at a cr~:Jit ba!a~nc.e for ,any day as ze.rg., w.,e .d~.'.t..ermine .the.total, fin. anca .charges .on balances f. or the billing cycle Dy a. ooing togemer me nnance charges tor each type or ua~e.nca [or each day wimin me gl,lng cyo~e, ~n ca~cutating ~l.nance coarges, an pd[ustment wi~ be .m.a ,(~. for, a..ny tr~.n,~..ction, or. paym.ent q~at wou, ld hav.,a..affe,c, ted th. e )'lna,n, ce ,c.ha~le calcula~o.q.jp a pdqr billi.ng c~cle n..ao it .be~.n pg, sted in t..ha't .oyes. The applicable gaily benoolc rate 'for suco a trensectlon Will Da me rate in erect tor me current Dllllng cycte ramer man me rate in erect on me date et ~e transaction. Y.day.sOUr sfa.tem, e.n,,t nc u.des aq .a. verage .da.. y .bal,ance for each t.~ of B..a. ance .Ypu can.mu t p. y e~.,ch a. ve.rage da y ba a.nc.e ~at is not. zerd by th.e n. umber,of i.q me oil lng cycle anQ me pei'iodic rate 10 obtain subtota)s, an(] men add me subtotals togemer to oet~emnine your total 'finance cnarges on balances Tor the bill ng cyc e. If a cash advance transection fee is charged, mat amount is also a finance cnarge. The ta.rm 'Pdm..e R~. to' as u~:l in Re Agreeme .n.t means ~e,,highe.st prime.rata oubllsh~ in. the ,W, alI. S.b'ee.t Jou, mal o.n ~e first .busin~,,,s. s day of t,h.e previ, ous, calenoar mo,nm, Any increase or oecrease in me Annual ~'erceorage Rate w II take e~lect on me nret gay or your Pilling cycrd ane may result in a slight ncreaee or Dacrease n the amount of your m n mum payment. The ANNUAL PERCENTAGE RATE (APR) for purchases is 21,9%. corresponding to a daily periodic rate of 0.06000%. The ANNUAL PERCENTAGE RATE for custom cash advances is 23.9%. 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 we receive your Account payment late 2 or more times n any 6-month eeded, on each such occurrence we m.ay ncrease the APR for ourchaeas up to a maximum o~,,2,3~,9~0.%,(corraspon..ding, to a..da, ily ped.o, dic ,rate, ~of_0.,~0~6~5~,8,%), a.[~d inctaase.the.AP, E ,for cash advances an,d custom (;ash. ad,~..ances u.p to max~m .qm ,et z~.~u'~ [co.n~..si~or~lng to a Qa~ly penDa~q rate or u,u/u~b~). IZ a~ter you receive me n[,[gner rates your peymems are receive(3 on time and you meet.all otne. r, tarms 6f ..th)s ~or~m.ent..for 3 consecutive months, you may contact our Customer ~ervice departmbnt and, at your request, we will rewew your Account tora pOSSIble AFl'( re(lUCT~On. ~De P.en~o~l fe.r. Purc.haee, Bal,a, nce. New pumh,ases pos. ted to yo.u.r ,Account n billing qydes with no p,revious be ance~ or when the previous, ba anco was pal(3 oudng me cycle, go no[ .o~gin to incur a nnance charge unti~ [ne start of the next billing cycle. You will pey no nnance charge on SUCh new pu, rcnases if you pay .m,.e tota. I new b~.la0~e in. ~u. II by .the payment due ~ta snq,wn .o..nyqqr statf~ment,. New p.u. rd~ases posted in any other billing cycle incur a zlnanca cnarge, and mere is no penDa in wnlcn SUCh pumDases mayDa rl~ala Wimou[ incumng a nnanca cnarge. Re.bate..On .the. la,,st .day o.f each. month!y s,t.atement Red.od we. will credit your,Accou@t ,with 1,% of your net pum.h..ase t ,m, n{~a. ctipns posted d. udng the statement pengo, met ~umnaselransecsons means tam pumases, leSS purcoase aojustments aha purcnese cre~[s posts<3 ounng rna pedex3. F...e~... If. yourA, c. countis, aVSAGodo, rG.o. dMaste~a.,..rdAcco.unt.,.the .annua fee.is$35 Fora ptherac, co.u~.tsthe.a..nn.u.a, lfea sgpt. o$0 .This.annu,a.[feff. will De charged to,your Account in the tourm monthly ming cycle a~er me account is opece(3 ano eve[,/tWelEn monmly oi.igg c, yclp mersafter, we will not ch.,argo, a,n annual zee for ,the first fifteen,bi ng cy.c es f.you usa your Ac.count t.o make a purc.hase or ta. ke a cas~ .advance. n t.be Zlrst th,me b ing c,vc e.s .We ~ [ not coarge an annua~ tee in any scosequen[ year ~tyou nave qseo your Account to make a p. urcnase or take a caSh advance in mepreDa<31ng twelve b Ing cycles. If you close your Account for any reason dudng the billing cycle in which the annual fee is charged, we will either credit your Account or refund (Con~nued on reverse) (5846-0698) 4428002718800982 0184 462z¢~ to you ,the,portiOn o! the annual, fee which has been paid. W~ maych, arge your A,ccou. nt $0 for ee,ch,Ca~you ask, us to .reg. l,.a..ce; eec.h ret,u, r0ed p~yment; each cnecK you write on your Account that we return unpaiaj eacn stop payment oror~r or renewai or sucn an o ..rper; each oi[~ing, cyo~e .wimln ,wplcn, you. r ,A, ccount is de.linquent (J.at,e. charg@); anHe.a, ch. billing cy.cle wi,'~in which yo..ur ea.l. anue exc.e.eds y,o. ur credit line ,(ovenimit fee,) even it y~o,,ur, Accou, n[ ts .ClOSen. iT yOU request copies or eliding statements mat were tirst sent to you more man tnree monms ean~er, we may charge a nanolmg Tee or ~,z mr eacn stLcn c~y. If yqu request that w,e make _a. R n.e.; [m_e_a. u t.o_m_at i c paymen!.from, your pa,.monal ,ch~ck!ng ,acco. unt, we m.ay.charge your credit, card ,account a fe.e.of ~,4;95.!or each request, This tee is a t'INAN~;~- U~IAK~'. eno it wi. apply regareless or wnemer runes are available in your parsona~ checKing account [o maKe [ne payment. fWne m.a¥ gha..rge., a transa.ct, io_.n fee o.f 3~ (minimum $5), which i.s ,a. one;,,tip3e FINANCE CHAR.GE, on the ~r0.oun. t of ea,.oh cash advance, including cash from ancla insTJtunons, ane A/MS, wire transfers, money omers, lottery acKets, casino gaming cnlps, an(~ slmcar ~ansecsons, Default. Y,OU ..will. be ,in d~fault: i:~ any inform,ation you p.rovided, us Rmv, aa t.o be ,incq,mpl,ete.or u.ntrue; .i,f,,yeq ~. n.o.t comply ~ any par:t, of t.h[s,Agre~menf;. u .p~..n ,/our ooam. bankruptcy, or Insolvency; ir you eo not pa)' o[ner neDts wnen (~ue; ~t a DanKrup,[cy pa~Jtlon Is rlrsQ Dy ,or against you; or i~ we eelleve m gooo fai~ ~hat you may.nqt pay or ~dorm '/our ~ligations u`,n~r th,is Agree. ment; .If you ,are in default we. may withqut rurffi.er ,,demand .or n, otine, .ca.ncel your crenit ~)riw~e~es, ooc~are your Account balanne immeniare~y ~ue an(3 payaD, I,e~ an(3 usa any remegy we may nave. ~n me, event or your eetault, the putsta, h, di,ng 5,a!ance.. oq ypur Amount shall continue to accrue interest at me A~(s) disclosed m the Finance Charges section et this Agreement, even ~f we nave tt~en su~t to co~lect me amount you owe. Cr~., i.t .Line..Y. ou.r, cred t ne s spec fie.d from t me to t m...e, n a. sap,,rate nptica .Your month y s.ta, tements show your .c..redit lin,e a,nd the a .m, qu, nt of y,o, ur avai~aole credit, we may increase or oacreasa your crenit ~ine ~ase~ on intormation we obtainen rrom you or your credit recoros, Your availaDrs cre~lit is .normally the ~iff.eran. cabetwee.n,y~urcredt ~ne.~andy~rA~c~countbaia~nceIjnc~u~dng~tm~nsa~c~;~nsmade~ra~th~dzedbu`tn~tyetp.~s~ted)~ f. you~nd.usa large payment checK, we may ~imit your available cd~dit While we conritm mat me Check wi~/clear. I-or certain ~J'ansacrions, ava~laole orenitmay De less. You ~11 not use your Account'for, and we may refuse to honor, any transaction which would cause you to exceed your available credit, Promi.se to Pay. You p,romi.se to pa, y us w, hen due,al! amouqts borro.wed when yo.u or sg..menne else use your .Ac~..ount, (e.ven, i.f the amount charged exceens your permisson), all other transactions an~3 charges to your ACCOunt. an{3 collection costs we incur inc~u(3ing, DUt not timited to. reasonable attorney s fees and court costs. (If you w n the su t. we wi pay your reasonab e attomey's fees and court costs.) Changes,.. Aft. er we p,,rg, vide you ~.ny nqt).c~ .r~quired by I.a,w, we m, ay chaqge any .pe~ o,~ this ..A. gre~me.nt and a,.dd o.r remov, e. .mquire,ment.s., If ,a, c.h~ng.e is m, aDetqme ~- n~nce ~narges sepaon or tn s Agreement. me new rmanse charge ca cu aenn w app y to youjr enare ,-,,ccount qaence ~rom me e~TeCt ve {3ate or ~.e cn,ange. C,,han, ges w~l,I apply to balances that include items posted to your Account before [ne date ortho change, ane will apply whether or not you .F,o~ign..Exchange/C..urrencyC.onvers, i,on. If you use your Card fqr tran,~.,cti.on.s n~currepcyo~erthaDU=S~dol[ars, thptra,n.sac, tonsw, be converted t.o u.~. nell,ars, generally usin~ either a ti~ govemment-mandated rate or [ i) WhO esae man(et rate n e'~ec,[ [ne oay eerora me ~'.'.~nsection s prccessen. in~reaseq, by th. rea pament (3%) f a cm..g, lt s, subsequen.tly g v.a,n f.or a transe.ction, t will ~:~ denr, Eees~d, by [ne san]e parcan, t,a. ge The currency conve.rs...o,n ~t.e. usa(3 on the conversion date may (~iT~er rrom the rate in eneor on [ne date you usen your 'jam. You agree to accept [ne converted amount n u.~. oollam. he Ce. rd; ,,Cancell..atie.n. You m~y cancel your credit DriVil~ec at any, tirn~e by. n,,o,tifying us in wh.t. ing _and.dast, roying the Card(,s). Upon the Card e..xpiretion at e eno or [ne men.re, snown on it, we reserve the dgl~t not~ renew[ne (,;am. we may cannel tne ,Jam an<3 your credit priw~ege,~ at any time a~er 30 days notice to, yo.u., or ,wi.'[nou.t n. ofic.a if pe~i~ed.by law...'J'f y.o. ur ~;ard is cancelled .or not ran,owed, finance ch,,arges and .other fees will confi.~ue to, be assa~, payments will continue to ee oue. an(~ a. o[ner app canoe provisions of this Agreement wi r~m,a, inn enact f you term nato your cre~itpdvile~es, or t we cancel or do not renew the Card, you may no longer write checks on your Account, and you snou~J destroy any unused checks we have ~ssuen to you. Pers..enal In.fem~atien; D.ocuments You wi provi~ us {~t. east 1.0 days ng, tica f yqu, change ~,~u.r name, ho.m. e or .m.a ng.e.ddres,s, te eghon, e nu .rr'~e. rs. emp~o, ymem or income upon our request, you Will provi(3e us a(x~itiona noancal in~ormaaon we reserve tne right to cotsin ntormanon tram o[nem, in~[~di.'ng q .mdit reporting agencies, an8 tp pray, ida yo~r a,.ddr~s an.d. infprmation . .al;)o, ut your Acc,o. unt to ,~.tb~rs. ~e ma)' al,so, s.b.a, re info .rr.nati,on with qur .a. Tplla.[es. mowever, youmaywrite[ous.~tanytimej.nstructing usnotmsnarecre(3itinton~nation witnouram~lates. ~tyou Qonot'~UlTI~I yourooligations unoer [n~s Agreement. a negative credit report [nat may retract on your credit may be submitted to the credit reporting agencies Customer Service; Unauthorized Use, Loss, er Theft ef Checks er the Card. Each Card must be signed on receipt, You are reAennsible for .safeg..ua~ing .the C~rd. your ~P.~.rsonal I~n,tification N~um,ber.['PIN'..whJch pmvidas a.c.c.e .ss to A~utom, at,,~ Teller Mechine.s),and, any qhecks i~s.ued to you, !,rom tne~..ano Keeping your ~N separate ~rom your 'jam. i~ you` ~scover or su,spec~ [nat your 'ja~,. KL~,~ ..or any unuse(3 ChecKS are lOSt or StOleq, or mat [ne.m.m..a.y.De an un..,au.m&~zed transa,.c,.tion .on your Acco. unt, ~ will promptly ,ng, tif,j u.s. ey callin.~l. ,1 ~0, u-9,~f,-7221 S.o we can im, m .edia, tey act to D t os ,sps .ancl liab)?y~, yp, u wi~ phone us even tnougn you may aec notiiy us re,writing. You wi~ not be haore ¥or unauthod~;en use occumng Demre you notify us or a ~os~ pr .tpe]~ ~r you report or we.,su.sp~., t unau~thori~ed u,sa o! your Accoup. t. we m,.ay.su,spend..yqur .credit privileges unf we_, resove the p~bem to our satls~acaon or issue you a new ,Jare. n your ,Jam ~s lOSt or StOlep, you wi. prompay eestroy all CheCKS in your possession. /o improve customer service and sacudb/, you agree that your calls may be monitored or recorda~. Merchant Relations. We will not be liable [f any person or Automated Teller Machine refuses to honor the Card or acceet your checks, or fails to return the cCa~ to.you ,.We.. ha, ve no r .~. ~.ns b)!i~ for. goo~.and sarv ces. pum..ha.sed .w th the, Car~.pr chenk.s except .a.s. m, qu!,r~ by taw, (S~ .S..penial Rule be[ow.) erda n eenents mat are available witn me Account are proviee~ Dy [niro-party ven~ors, we are not responsible tor [ne quality, availability, or results or any of the services you choose to usa. [t~p, Payment .Orders., If, you wish to. stop .pa~ent on .a check, y.o.u.may ~nd,.us a stop p~...y~e, nt order by whting ,to,u,s, at our addi;e, ss fqr customer .sauce ISten on.your ~t. atemen.t. You can maKe a .stop p.a,)'ment omar ore,y Dy. calling .~ne number ds[on on your statement, wnen you make a stop paym, em ome.r. you must p.rov~ge your Account number a, nd spaci~)q information, a~ut the. cn~: the exact amount, the date on the check, me name of the ~.rty to whom it w..as pay,~e [ne n. am.e o~,the parsoq w~o .signen. it, a,nd ~.e cnecK,.num, per..'(.pp .will be as. ked,.to c,.onfirm .an o. rel stop, payment or,~r in v~dt,lng. W.a me.y ~,sregar~ your ora~ omar ~T we (to not receive a s~gneq Whiten cont~rmaaon wilton tw~ weeKs attar [ne Oreloroor. or It we nave not recaivea an .agsq~. ate ooscnp,tion of. the !tern so that payment ~n be stoppen. The order will not be e~ective ~f the che,O.K was pa. id Dy US before we had. a reasonable opportunity to act on me oroer, we may. without liability, disregard a written stop payment order six months aTtar receipt unless it is renewee in whting, t~n. dard of. Care. Benau~.tl)is,A. ccount inv. o. lvec both cr.edt card.and, ch~k,,baqsa..ctio~§ .which are processed th..mugh separate natJopa ..sy.stems before. ,~ran.sec..tions are conso~ieaten BY us, ano eacause not evety cnenK ano Uec3 slip W~ll De sent to us. transactions in ye. ur Account willue processee mecnanl~!ly witho,qt our n, euessarily re~,e.wi, ng every .tern., Oqr p. roces, s ng .system ,w J ca ! our .attent on to ce.Aa n items wh ch we w exam .ne. We will ,axamin,.e a~l ,tr'Ansacfi. ons w.n, en you _.report ~at ypu. r. ,Jaro .or CheCKS. naye ~ lost or stoten we (~ not ntend om narily to examine a rems. an(] we w not g,e neg.ge,nt ~t We oo not oo so in s ru~e acted ishes [ne stanoam of ore na/y care which we n good faith will e.xemisa in administering your Account. uecause or our ~imited review, and because neither your cancelled checks nor ,Jard transaction slips will be retumento you with the monthly statement, you should be ~amfu, l, to enter e,ll c.hec.ks in your c.h,enk register, or othe~ise keep a.mco.~ of ~,em. You s.h.o.u d. al,so save ye.ur credi~ card c.a. sh advance and pumnase slips, YOU agree to check your montnly statements against your racom an(~ to notiTy US immeniately eT any unaumodzed transactions or errors. Waiver of Certain Rights We may deay or wave enforcement of any pmvison qf .the Agreemen! wi,~.out Iqs!ng ,opr .n.'g,h.t to enfqme it o.r .any other prevision later. You wa ye the dght to presentment, demand, pretest, or notice of (~snonor. any app~ caere statute o~ .m tstions; an(~ any rigm you may nave to require us to proceed against anyone before we file suit against you. AHpplic~..ble, Law~.,S. ev. ersbility; ~ssignm. eat. No ma~e.,r where you !lye.. this Agreeme.nt and.your Ac.cqunt ar~ ggv. em, .ed by f. edera .law an.,ci by .New. ampsnlre few. into Agreement s a rlna expression o~ [ne agreement De,ween you anti us an(3 may not De contradiorecl Dy e~eence or any a ogee ora~ ' PROVIDIAN Financial ~agreement. If any provision of this Agreeme, nt is held to ..bp. iin~,,v,a, lid or u. nenfqr,ceable, you and w,e will con~ider that provis o,n .m, o,d, ifi.ed to conform tp applicable, w, and the rest of the ,orovisions ~ the Agreement w ii st i De enrorceao e At any t me after we dererm ne n goo(3 Ta tn tnar any p. roppse~3 or enactea legislation, regulatory action, or judicial decision has rendered or may render any matadal prov sons of th s Agreement nra d or unenforceab e, or repose any increasee tax,..reborting r,..~u rement, or ether burden in connect[on with any such provision or its enfomement we may, after at least 30 days notice to you, qr without nd[ice if permitted by law, c,ansel the Card and your ~;redit privileges. We may transfer or assign our right .to al! or_some o~f your payments. If state law requires that you receive notice ot such an event to protect the purchaser or assignee, we may give you SUCh notice Dy riling a T[nancing statement with the state's Secretary of State. No~ic,e~. Other notices to.you shall be effective whe,n depo. s, ited in the mail addr..es, sed.to you ,at the ,ad.d.r,ess shown on our m, .cords, unlee§ a longer notice pano~js~ speai, fi,ed in,this Agreement or by law, whicn pe~'ioo §hall start upon maifing. Not.se ro us sna~ Ge ma led to our a(~oress rot cusron~r serv ce on your statamenr {or Diner a(~oresses we may specify) and shall ae effective when we receive it. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your dghts and our responsibilities under the Fair Credit Billing Act. Ng, t~,Us in Case of Errors or Cluestions About Yoqr BilL If you think vour bill is wrong or if y. qu need more informa~on about anv treasaction on your bti~ ~w?te~us ~n~*a s~ epar~e sheet~ at~ the a~d~ dre~ss ~ist~e~ d ~n t~ e Bi~ihg Rights Sumrnary ~n y~ur bi~ Write to us a. s seen as l~oss b e W'e must hear from you no arer than Gu Gays ar~er we sent you rne rim[ bill on which the error or problem appeared. You can talepnone us, but doin~ so w I not preserve your dghts. In your letter give us the fol ow n(~ informat on: - Your name and Account number - The do ar amount of the suspected-error -- Descdbe the error and explain, if you can why you believe there is an error, f you need more nformation, dascfibe the item you are not sure about. ~yog ha, ye authodz`ed us to. ,pe, y your, credi.t card..bill a,uto ~maticelJy fm.m,youLcheck, ing ~?~-,ount, yo9 can .stop ,the, payment on any amount you th nk s wrong. o stop tne payment, your letter must reacn us mree ouslness ceys cemra me automatic paymenr is scne(3ulecl to occur, Your Rights and Our Resl)onsibilitiea At[er We Receive Your Written Notice. We must acknow~eq~.ge your letter v~ithin 30 days, unless we have correc~ .ec~t~e er~,. r ~y then. ~i~in 90 days, we must eider correct, ~e error or expla n why we be `ev.e the D. was con'eat After we recalve your letter, we cannot try ro COllect any amount you question, or report you as ,(~linquent. We can continue toDill you TOt the amount you question, including finance charcles and we can appJy any unpa, id amount against your credit I~ne. You do not have to pay any questioned amount wh~e we are investigating, but you are still Obligated to pay the parts Of your b that are nor in quest on. If we find,that we ma~ a mistake on your,bill, yog.,wi.'ll not have, to pay. any finanpe charg(~ relat..ed to any quest oned amount, f we didn't make a mistake, you may nave to pay Tmance onarges, ane you win nave to maKe up[ne missed payments on me questione(~ amount, in elmer case, we will send you a statement of the amount you owe and the d~ta that it is due. if You mil to Day the amount we think yo~ owe, we may .mp. ort you as delinquent. However, if our e..xplanatiop does not satisfy you and you wdte to ,us w th n 10 days tal~ing u.s that.you still refuse to pay. we rc,ust te!l anyone we m..po.rt yo,u to [ha[you .quesrion your Dill. And we must[ell you the name or anyone we r!~ported you to. we must te anvone we repprt you to that the mat~er nas ceen settled 15e~sen us when it finally is, f we don't fo ow these ru es. we can t co ecl the first $50 of the questioned amount, even if your bill was correct. §peai, a. IR, qle for .C,~...it. Card Pu.~..hase~. If yo~l,.ha, yea pro.blem, with the qua!i.ty of ~e prop~,. ~ or services that you. pumhased with our credit card and you ~nave, m.?~3, in goo<3 ~,am ~q ,co ,n'e,ct me pro[? ,em w tn m,e ,mercnaqt, you may n,ot nave [o pay me rema [~ ng amount ~ue on the gooce or services, There are two ilmltatmns on TJ't S non[ ia) you must nave ma~se me purchase in your nome state, or if not within your home state, within 100 miles of your current mai lng add,r, ess ,and,.(b)"the.p,u~,hase pdce, must have be{~n more than $50. These m tatons do not apply if we own or operate the merchant, or if we ma eoyou me a~emsemen[ ror the property or serv ces, Z561 YES, I'd like the VI.gA' Gold card with cash t,p lo $10,0110. Robert B. ~ark 322 H~estown Road Mechanicsburg, PA 17055-3120222 :'~;.188 7903 2637-8 -~/ VISA Col r I) SIO,O00 Credit Line Immediate Cash Lower Monthly Payments No Annual Fee 419!)8826 Credit I'n,teYtion Plan IOpllonil{ 188-7903-263'7-8 Ill&l! GOld NoTo! PROVIDIAN NATIONAL BANK Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 01-3333 Civil Term ROBERT B. PARK Defendant CERTIFICATE OF SERVICE I, Anthony E. Marrone, Esquire, attorney for Robert B. Park, hereby certify that I have caused a true and correct copy of the foregoing's Answer to be served by first class mail, postage prepaid, on the date set forth below, upon the following entity/individual: Valerie Rosenbluth Park, Esquire PARK LAWASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 Attorney for Plaintiff ~. Marrone, Esquire Dated: 26 June 2001 PROVIDIAN NATIONAL BANK, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 01-3333 Civil Term ROBERT B. PARK, CIVIL ACTION Defendant ANSWER DEFENDANT, Robert B. Park, by and through his attorney, MILLER & ASSOCI- ATES, P.C., answers the Complaint of Plaintiff, PROVIDIAN NATIONAL BANK, as follows: 1. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation as set forth in Paragraph 1 of the Complaint and the same, therefore is denied. 2. Admitted. 3. Paragraph 4 is admitted only to the extent that Defendant is indebted to Plaintiff for certain amounts on a credit card owned by Plaintiff having the account number 4428002718800982, otherwise it is denied. 4. Denied. Defendant avers he responded to Plaintiff's unsolicited invitation offering Defendant the credit card. 5. Denied. Defendant avers that until he received notice of this lawsuit, he believed he was current on payments for account number 442800271880982. Defen- dant avers he received no notice he was in default nor other warning. Defendant further avers he made a payment by check, dated 15 February 2001, and received no statements thereafter. 6. Denied. Defendant is without knowledge or infomation sufficient to form a belief as to the truth or accuracy of the allegation set forth in paragraph 6 of the Complaint and the same, therefore, is denied. 7. Denied. Defendant denies he is in default and is responsible for Plaintiff's attorney's fees. Defendant further avers that the amount stated, $1,589.00 is unrea- sonable. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint against him, and enter judgment in his favor, including reasonable attorney's fees and costs of suit, and any other relief the Court deems fair and just. COUNT I - ALTERNATIVE 8. The Defendant hereby realizes and restates its answers to Paragraphs 1 through 7 as though fully set forth: 9. Admitted. 10. Admitted. 11. Admitted. 12. Denied. Defendant avers that he has made payments on the amounts due and believed his payments were current. Defendant further avers he received no notices that the account was in default. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint against him, and enter judgment in his favor, including reasonable attorney's fees and costs of suit, and any other relief the Court deems fair and just. Dated: 26 June 2001 Anthony~E. Marrone, Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9211 (717) 737-9215 ID No. 48182 -2- VERIFICATION The undersigned, ANTHONY E. MARRONE, hereby verifies and states that: 1. He is attorney for Defendant herein; and 2. He is authorized to make this Verification; and 3. He makes this verification because the Defendant's verification cannot be obtained within the time allowed for filing the Answer; and 4. The Facts set forth in the foregoing Answer are true and correct to the best of his knowledge, or information and belief based upon the information contained in his file and provided by Defendant; and 5. He is aware that false statements herein are made subject to the penal- ties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: 26 June 2001 -3- SHERIFF'S RETURN - CASE NO: 2001-03333 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS PARK ROBERT B REGULAR CPL. MICHAEL BARRICK , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE PARK ROBERT B DEFENDANT , at 0019:56 HOURS, at 319 WEST MAIN STREET MECHANICSBURG, PA 17055-3240 ALICE PARK a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 5th day of June by handing to the , 2001 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.58 Affidavit .00 Surcharge 10o00 .00 33.58 Sworn and Subscribed to before me this 2[~c~ day of ~ ~t.,t A.D. SO Answers: R. Thomas Kline 06/06/2001 PARK LAW ASSOCIATES By: ~ 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS ROBERT B PARK Defendant NO. 01-3333 ORDER AND NOW, to wit, this ~ day of~'~'~ , 200~ upon presentation of the attached Stipulation and Settlement Agreement on behalf of PROVIDIAN NATIONAL BANK, the Plaintiff, and ROBERT B PARK, the Defendant, the Stipulation and Settlement Agreement is hereby approved and made an Order of the Court. Jo VALERIEROsENBLUTHPARK -ATTOR!~EY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS ROBERT B PARK Defendant NO. 01-3333 STIPULATION AND SETTLEMENT AOREEMENT ~ NOW, this ~/%~ day of ~F6~, 2001, this stipulation is between ROBERT B PARK , the Defendant and PROVIDIAN NATIONAL BANK , the Plaintiff, and all parties hereto have consented to this Stipulation and the parties agree as follows: 1. Interest will be assessed at 6% per annum upon filing of this Stipulation and Settlement Agreement. Defendant will pay the balance of $11,088.01 plus interest at the contract rate of 6.00 percent per annum from December 18, 2001 until the Stipulation is filed. 2. The first payment of $500.00 is to be received on or before 01/15/02; 3. Thereafter, Defendant will pay this office the sum of $500.00 on or before 02/15/02, and on the same day of each month thereafter until Defendant's obligation including interest and costs has been paid in full; 4. Defendant will make checks/money orders payable to Park Law Associates, P.C., attorneys for PROVIDIAN NATIONAL BANK, and mail all checks/ money orders to: PARK LAW ASSOCIATES, P.C. 25 E. STATE ST. P.O. BOX 1779 Doylestown, PA 18901 5. Time shall be of the essence so that in the event Defendant does not make any of the requested payments in a timely manner, this Stipulation shall be deemed to be in default and Plaintiff may proceed to file judgment against Defendant for the remaining unpaid balance upon the CONDITION that Defendant does not cure the default within twenty (20) days Park Law Associates, P.C. BY: ~ Valerie Rosenbluth Park, Attorney for Plaintiff BY: Esquire E. Marrone, Esquire Attorney for Defendant ROBERT B PARK hereby acknowledges that I have received a true and correct copy of the Stipulation, ratify same, have had opportunity to consult an attorney, and execute thi/~ Stipulation_ willingly, and knowingly, thus that it shall be made,~u~' Order of Co~. Defendant THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORI~ATION OBTAINED WILL BE USED FOR THAT PURPOSE. VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 P~.RK LAW ASSOCIATES, P. C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAig NATIONAL BAi~K Plaintiff VS ROBERT B PARK Defendant NO. 01-3333 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended upon payment of your costs. PARK LAW ASSOCIATES, P.C. BY: / VALERI~OS"~~ARK, ESQUIRE