HomeMy WebLinkAbout05-2689
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
PALISADES COLLECTION LLC
ASSIGNEE OF PROVIDIAN NATIONAL
BANK
210 SYLVAN AVENUE
ENGLEWOOD CLIFFS, NJ 07632
NO. 0 ~ - J..(P<tCf
~J~
Plaintiff
VS.
CIVIL ACTION - LAW
NORA J SCHNEIDER
155 E COLUMBIA RD
ENOLA PA 17025-2404
Defendant (s)
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 (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 or any other claim or relief requested by the Plaintiff.
You may lose money or property 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 HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR .NO FEE.
NOTICIA
Le han demandado a used en la corte. Si used quarere defensas de esas demandas
expuestas en las paginas, siguientes, used tiene viente (20) dias de plazo al partir
de la fecha de lademanda Y la notifiation. Used debe presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en 1a corte en forma escrita 5US
defensas 0 sus objeciones a last demandas en corta de su persona. Sea avisado que
si used no se defienda, 1a corte tomara medidas y psedido entrar una orden contra
used sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido
en la peticion de demanda. Used puede perder dinero 0 sus propledades 0 otros
derechos importantes para used.
LLEVE ESTA DEMANDA A UN ABODOAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE
EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA 0 LLAME POR TELEFONO A
LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASSITANCIA LEGAL.
Lawyer Referral Service
Cumberland County Bar Assn.
32 S. Bedford St.
Carlisle
800-990-9108
PA 17013
CVRNOT!PARET
W&A FILENO. 120244258
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
PALISADES COLLECTION LLC
ASSIGNEE OF PROVIDIAN NATIONAL
BANK
210 SYLVAN AVENUE
ENGLEWOOD CLIFFS, NJ 07632
NO.
Plaint i ff
VS.
CIVIL ACTION - LAW
NORA J SCHNEIDER
155 E COLUMBIA RD
ENOLA PA 17025-2404
Defendant (s)
COMPLAINT
Now comes the Plaintiff, PALISADES COLLECTION LLC , by and through its
attorneys, and the law firm of Wo1poff & Abramson, L.L.P., and files this Complaint
and in support avers as follows:
1. Plaintiff, PALISADES COLLECTION LLC
ASSIGNEE OF PROVIDIAN NATIONAL
BANK
210 SYLVAN AVENUE
ENGLEWOOD CLIFFS, NJ 07632
is a business entity doing business within the Commonwealth of Pennsylvania and the
other states of the United States.
2. Defendant, NORA J SCHNEIDER
a last known address of
is an adult individual with
155 E COLUMBIA RD
ENOLA PA 17025-2404
COUNTY OF CUMBERLAND
3. It is averred that Defendant(s) was/were issued an open end credit
card account. The Terms and Conditions governing this account is attached hereto,
incorporated herein and marked as Exhibit "A".
4. At all relevant times material hereto, Defendant(s) has/have used said
charge card for the purchase of products, goods and/or for obtaining services~
CCPWRI/PARET
W&A FILE NO. 120244258
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5. Plaintiff provided Defendant(s) with copies of the Statements of Account
showing all debits and credits for transactions on the aforementioned credit card
account to which there was no bona fide objection by Defendant(s). A true and
correct copy of the Statement of Account is attached hereto, incorporated herein,
and marked as Exhibit "B".
6. As of the date of this Complaint, the remaining balance due, owing and
unpaid on Defendant's credit card account as a result of the charges made by said
Defendant(s) and/or any authorized users is the sum of $ 11023.07.
7. Pursuant to the Credit Agreement and/or applicable Pennsylvania law, any
unpaid or delinquent balances on said account shall continue to bear interest at the
rate of 18.00%. See Exhibit "A" as previously identified herein.
8. As of the date of the filing of this Complaint, the' amount of interest
which has accrued is the sum of $ 6387.34.
9. As of the filing .of this Complaint, Plaintiff has incurred reasonable
attorney's fees from the law office of Wolpoff & Abramson, L.L.P'. in the collection
of the amounts due from Defendant(s) incident to the within action based upon 20% of
the principal amount due and owing, and Plaintiff shall continue to incur such
attorney's fees through the conclusion of the proceedings.
10. The amount of attorney's fee which has accrued is the sum of $ 2204.61.
11. Despite reasonable and repeated demands for payment, Defendant(s) has/have
refused and continue to refuse to pay all sums due and owing on the aforementioned
account balance, all to the damage and detriment of the Plaintiff.
12. The amount in controversy is within the jurisdictional amount requiring
compulsory arbitration.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment
In favor of the Plaintiff and ag~inst Defendant(s) in the amount of $ 11023.07,
plus attorneys fees in the amount of $ 2204.61 , plus interest in the amount of
$ 6387.34, plus costs of this action and any other relief as this Court deems just
and reasonable.
Respectfully submitted,
Amy F. oy e 62
Daniel F. Wo son #20617
Bruce H. Che is #18837
Philip C. Warholic #86341
Ronald M. Abramson #94266
Ronald S. Canter #94000
Donald P. Shiffer, III #89451
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Practice of Debt Collection
267 East Market St., York, PA 17403
(717) 846-1252
Counsel for Plaintiff
CPWRI2/PARET
W&A FILE NO. 120244258
ATTORNEY VERIFICATION
I hereby state that I am the attorney for the Plaintiff, who is located
outside of this jurisdiction and in order to file, the within document in an
expedient and timely manner, am authorized to take this verification on behalf of
said Plaintiff in this action and verify that the statements made in the foregoing
Complaint are true and correct to the best of my knowledge, information, and
belief, based upon information provided by the Plaintiff.
The undersigned understands that false statements herein are made subject to
the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification
to authorities~
Date:
Amy F. oyle 1187062
Daniel F. Wolfs #20617
Bruce H. Cherki #18837
Philip C. Warholic #86341
Ronald M. Abramson #94266
Ronald S. Canter #94000
Donald P. Shiffer, III #89451
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Practice of Debt Collection
267 East Market St., York, PA 17403
(717) 846-1252
Counsel for Plaintiff
PAVERF/PARET
W&A FILE NO. 120244258
RA WLE & HENDERSON LLP
By: Gary N. Stewart
Identification No.: 67353
By: Matthew J. McLees, Esquire
Identification No. 71592
25 North Front Street, First Floor
Harrisburg, Pennsylvania 1710 I
(717) 234-7700
Attorneys for Plaintiff,
Great West Casualty Company
GREAT WEST CASUALTY COMPANY, as a
subrogee for PNJ TRANSPORTATION, INC
and PNJ TRANSPORTATION, INC.
in its own right
2440 North Coyote, No. 127
Tucson, AZ 85745
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO: /1/i^) - '"'/ "0 . ,{
0("'-' 0(",( c1,.,
Plaintiffs
v.
FLYING J, INC and FLYING J. CORP.
1104 Country Hills Drive
Ogden, Utah 84403
with a registered agent located at
Gateway Tower East, Suite 100
10 E. South Temple
Salt Lake City, Utah 85133
and
CHEM STATION INTERNATIONAL, INC
3400 Encrete Lane
Dayton, OH 45439
and
CLEAN SOURCE, [NC and
CHEM STATION INTERNATIONAL
180 I Horseshoe Pike
Honey Brook, P A 19344
Defendants
PRAECIPE FOR SUMMONS
To the Prothonotary:
Issue Summons in Civil Action in the above case.
Writ of Summons shan be forwarded to IZIAttomey/DSheriff
Matthew J. McLees, Esquire
Print Name
Date:
25 North Front Street, First Floor
Harrisburg, PAl 71 0 I
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RA WLE & HENDERSON LLP
By: Gary N. Stewart
Identification No.: 67353
By: Matthew J. McLees, Esquire
Identification No. 71592
25 North Front Street, First Floor
Harrisburg, Pennsylvania 17101
(717) 234-7700
Attorneys for Plaintiff,
Great West Casualty Company
GREAT WEST CASUALTY COMPANY, as a
subrogee for PNJ TRANSPORTATION, INC,
and PNJ TRANSPORTATION, INC.
in its own right
2440 North Coyote, No. 127
Tucson, AZ 85745
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO:
Plaintiffs
v.
FLYING J, INC. and FLYING J. CORP.
1104 Country Hills Drive
Ogden, Utah 84403
with a registered agent located at
Gateway Tower East, Suite 100
10 E. South Temple
Salt Lake City, Utah 85133
and
CHEM STATION INTERNATIONAL, INC
3400 Encrete Lane
Dayton, OH 45439
and
CLEAN SOURCE, INC and
CHEM STATION INTERNATIONAL
180 I Horseshoe Pike
Honey Brook, P A 19344
Defendants
WRIT OF SUMMONS
TO: FLYING J, INC. and FLYING J. CORP.
1104 Country Hills Drive
Ogden, Utah 84403
with a registered agent located at
Gateway Tower East, Suite 100
10 E. South Temple
Salt Lake City, Utah 85133
and
CHEM STATION INTERNATIONAL, INC
3400 Encrete Lane
Dayton, OH 45439
and
1140200 v.!
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Date:
CLEAN SOURCE, INC and
CHEM STATION INTERNATIONAL
180 I Horseshoe Pike
Honey Brook, P A 19344
You are notified that the Plaintiff(s) has/have commenced an action against you.
SEAL
11;; ~ 3 ;;00 <(
6-C'Lh-tt:. ~ oCQY'~
Prothonotary, Cumberland ounty
By:Li~f! ~/'r
ClerkJDep .y
Addresses must be included for an parties.
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:01-9152-0
2058
PROVIOIAN NATIONAL BANK 'IISA' AND MASTERCARD' ACcOUNT AGREEMENT
Please review this document and keec it with your other imoonam papers. This Account. Agreement contains the terms that Qovem your Providian National SanK VISA or MaSlerC..ra
Account (the .'Accounr"). The Accoum aUows you to maKe purchases oy usmg your ';ISA or MasterCaro crecit caro Itfle ":::..ro"1 wherever It is honored ano to get casn aD'/ances from us
or any otner particmating tinanciai institution and from Automated Teller Macnines. Convenience cnec>:s may also .oe provided to '{cu as an aadibonal way to use the Acetum. tn ttlis
Agreement "you" and ~your" mean eacil oerson for whom we have opened a credit carQ Acccunt ~We," "our," "aurs.~ ana "us" mean Providian National Bank. or its assignees, as iislea
on your billing statement. The Account may be useo only for personai, family, housenold, and charitable ourposes. ana not for any business or commercial ourpase. Any use ct ;Ilis
Account shall constitute acceptance oi the terms aT ttlis Agreement You aM we agree as iotlows:
Payments. '(au will receive a monthly statement Sllawing your outstanding balance. Payment on this Account is reouired in U.S. dollars IchedtS must be oayatle Jt a U.S. office of the
bank tile cneel< is orawn on) ior at least the payment due as shown on your stalement by the Qayment due oate in accordance with payment instructions on your monthly Siatemem. The
baCK at your monthly statement inciudes the mles we iollow when we post paymentS to your Account. Convenience cnecKs and ottler checKs we may issue to you Illa'I not be usee to make
payments on your Account or to maKe oayments on any other account you have 'Nlth us or our affiliates. The oayment due 'NiII be: 3% at the new balance shown on your statement PlUS the
:amount at any pas. due payment. ana may include trle amount by wilier. the new tlaiance exceeds your creoit line. However, Ihe payment due will not be less tllan S15 {unless your ne'lv
balance is less ihan $15. in which case the oayment due will be the amount at tne new baiancel. if 'lour Account is past due or above me credit line. we may reQuire i higher minimum
payment. but we wilt notify you before doing so. If your oayment is more than the payment due. it wili be treated as a single ~yment am1 none 01 it will be <iOOliet! to future oaymems oue.
We may aCC2pl late or partial payments, or payments marKed ~oairi in tull~ or marked with otller restrictions, ;vithoullosing our right to collect aU amounts owing under this Agreement.
Finance Charges. finance charges begin to accrue on a debit when it is includeo in one of your daily baiances and continue to accrue until that balance is reauced by a payment or credit.
Vour Account has two daily balances: the Purchase Q<llance which consists 01 purchases you make with your Card and tees, orner lllan cash advance transaction tees, chargee ta your
Account, incluoing tees for ooiionai services: and the Casn A,nvance 8alance which consists oi ail cash advances and cash a0V3nce transaction tees. Any payment amount we receive that
exceeos the iinance cnarges ana tees then due will oroinarily be appiieti first to tne Salance with the lower ANNUAL PERCENTAGE RATE (APR) untillhae Balance is zero, and then to the
remaining Balance. We reserve the right to apply payments differently without furttler notice. The Purcnase and Casi'l Advance Balances are reduQ!d by payments as at the date receiveo,
and by credits as at me dale oasted. Purchases are included in your Purcnase Salince as of ttJe date made. Fees are included in your Purchase 8alance as of the transaction date. Casn
advances are inciuced in your Cash Advance BaJance as follows: cash advances from other financial institutions and through Automated Teller Machines as at the date made; tunds
~Iectronically transmlttec, as at the date transmitted: cash advance checks mace payable 10 you tllat are identified as cashier's checks. which we may mail 10 you at your i'llQuest as of
seven days after the cate we prim on the check; all other checks, inCIUlJing any convenience checks, as of the date presented to us. Cash advance transaction lees are included in the Casll
Advance Balance as of the transaction date. Other debits are included in your Purchase or Casll Advance Balance as of the dale posted_ Finance charges are aaded to your Purchase and
~Il Advance Saiances each day and are then posted on the last oay of the biHinQ C'jcle. There is no period wi11lin which credit extended may be repaid without incurring a rlnance charge.
70 figure the daHy finance charge for purchases and the caily finance Charge tor cash advances, we still with your previous day's Purchase 8alance and Cash Advance Salance. add ail
debits and subtract all credits tor the current liay to the appiicabie Balance ias expiaineti in the paragraoh above), and mUltiply the net amount by the aOPJicaiJle daily periOdic rate (see
loilowmg paragraons). The finance Charge for purchases is ttlen added to ana inC:UOed in that diy's Purchase Balance, and the finance cnarge lor cash SQvances is then <ldded to and
inciuded in tllat oats Cash Advance Balance. We treat a creoit baiance iar any day as zero. We determine the lotal finance charges on your Balances tor tile billinq cycle by adding togetner
the finance charge iar purchases for each day within the billing c'jcle and the finance cf1arqe for cash advances tor each day within tile billinltl..fYcte. In calculating finance cnarges, an
adjustment will be made for sny transaction or payment thaI would have affected the finance charge calculation in a prior billing cycle had it been posted in that cycle. The apPUcaDle liaily
periodic rate for such a transaction will be tile rate in effect for the current bUling c:Jcle rather than the rate in effect on the date 01 the transaction.
The term -Prime Rate~ as used in ttlis Agreement means the prime rate oublisned in The ~JI Streer Journal on the first business day of the orevioils cafem1ar month. Any increase or
decrease in the APR willlal<e effect on the first day of your billing cycle ami may result in a s.tight increase or decrease in the amount of your minimum payment
The ANNUAL PERCENTAGE RATE for purchases will vary and may Oe adjusted each billing cycle up to 10.99% above Prime Rate. Using this formula. the APR for purr..'1ases in tile
Aorti 2000 billing cycle is 19.99%, corresponding to a aaHy periodic rate 01 O.054B%, and your APR for purchases will not go oelow 19.99%.
The ANNUAL PERCENTAGE RATE lor casll advances will vary and may be adjusted eacn billing cyc!e up to 12.99"/. above Prime Rate. Using this formula, ttJe APR for cash advances in the
April 2000 billing cycle is 21.99%, cO~spondinq to a daily periOdiC rate of 0.0602%. and your APR for cash atlVances will not go below 21.99%.
To determine the averaQe daily balance shown on your statement for purchases, add eacI1 day's Purchase Balance (including daily tinance charge) in the billing cycle and divide by the
nurrtoer crt days in llle billing cycle. To determine the average daily balance sho\lln on your statement tor cash advances, add each daY's Cash Advance Balance (including daily finance
charge) in ihe billing cycle and divide by tlle number ot days in 11Ie billing cycle. You can muJtiply each 01 tllese average daily balances by ttle number of days in the billing cyt!e and by the
applicable daily periodic rate to obtain subtotals, and then add the two suototUs :ogether to determine tile total amount of tinance charges on your balances for the billinQ CYCle. Jf a casI1
advance transaction tee, credit line increase lee, or Express Card processing fee is charged (see Fees section). those amounts are alSo FINANCE CHARGES.
Fees. A membership lee at :57.95 will be Charged to your Account each month, It you request and we issue an additional Card on your Account for an authorized user, a fee of :520 for eadl
aoditional Card will be charged to your Account This fee will be Charged to your Account when the additional Card is issued and every 12 montl'ls thereafter for as long as each additional
C.ml is outstanding. If you request and use our Express Card Service, a one-time fee 01 .519.95, which is a m~ANC'E CHARGE. will be chatgea to your Account. In some cases. exoress
processing may not be available. We may charge your Account $29 tor: each Card you ask us to replace: each retllmed payment each check you write on your Account that we return
unoaid: each stop payment order or renewal of such an artier: each billing cyde within which your Account is delinQuent (late charqe): and each billing cycle within which Yilur balance
exceeds your credit line even il your Account is ciosed. if you requeSt copies of billing statements that were first sent to you more than two montns earlier. we may charge a handling tee of
$2 for each suc.' copy. A cash advance fee 01 3% (minimum $5), which is a FINANCE CHARGE. may De charged for each cash aavante transaction made on your Account For some cre<lit
line increases. you may be chal'lJeti a tee, which is a fiNANCE CHARGE. tile amount of which will be disclosed to you before you accept the line increase offer. If you request that we make
a one.time automatic oayment from your personal CI'1ecking account, we may charge your Account a tee oj $4.95 tor eaci'1 request This tee is a FINANCE CHARGE. and it will apply
whel1ler or not funds are available in your personal checl<ing account to make 'the payment
Default. You will he in default if any information you provided us proves to he incomplete or untrue; if you do not compty with any part ot this Agreement; upon your deattl, IJankruptcy, or
insolvency: if you do not pay other debts when due; it a bankruptcy petition is filed by or aqainsl you; or il we beliew in good faith thar Yilu rt13y' not payor pertonn .\{Our oblig.:ltklns under
thIS Agreement If you are in default, we may, without further demand or nonce, cancel your credit privileges. declare 'lour Account balance imm':Oiately due ana payable, an~ ~ af!'!
remedy we may have. In the event of your default. the oU'lStanding balance on your Account will continue to accrue interest at the APR(s) disdased In the Finance Charges secnon Of thIS
Agreement, even if we have tiled suit to collect tr.e amount you owe.
Crelillline. Your credit line and cash advance line are disclosed when you _ open your Accoum and on your statement each month. Your casR aavance line is Iimitea to a portion 01 your
credit line. We may Increase or decrease your credit flne and/or your casn advance line based on inicrmabon we obtained from you or your credit recordS, Your aVliiliJJle credit lor
~ is normally tile difference between your credit tine and your Account balance (including transactions made or authorized but not yet posted). Your available credit for a
cash advanCf is normally tile difference between your casn advance line aM your cash Advance Balance or tt'Ie difference oerween your credit line and,your Account balance, wh;chever is
less. If you send us a large payment. we may limit your available credit wnile we confirm that the chedt will dear. For certain transactions. available c~it may De less, You will not use your
Account 1or. and we may refuse to honor, any transaction that would c;c.use you to eXceed your available i;reoit or your available creait for cash advances. Your crealt line may be reduced it
you attempt to go over your cash advance credit line.
Promise to Pay, You promise to pay us when due all amounts borrowed when you or someone else uses your Account (even if the amount charged exceeds your permisswn), all other
transactions and cllarges to your Account. and all collection costs we incur includinQ. but not limited to, reasonaole anorney's fees and coun: costs. (It you win me suit, we WIll pay your
reasonable attorney's fees and court COS'lS.)
Changes. Alter we prOvide you any notice reQuired by iaw, we may change any part of this Agreement and add or remove any terms, conditions. or reauirementS. If a change is made !o
the Finante Charges section at ttJis Agreement. the new finance charqe calculation will apply to your entire Account balance from the effective liate at the change. Changes will apply to
balances that incinde items nosted to VOlJr Account heTl'1rP. till! datI! of the chanel!! ind wiil apply wnetner or not you continue to use the Account
Foraign exchange/Currency Conve~ion. It you use your Carn Tor transactions in a currencv oUler ttlan U.S. dollars, tile cransactions will be converted to U.S. dollars. generally using ertner
a (i) governmem-mandated rate or (il) whoiesale market rate in effect the day betore the traltsaction is processed. increased lly 3%. It a credit is sudsequently given tor a transaction. it will
be decreased by tt1e same percentage. The currency conversion rate used on the conversion date may differ tram tile rite in effect on ihe date 'IOU used your Carli. You agree to accepe the
convenea amount in U.S. doi/ars.
The Cant: Cancellallon. You may cancel your credit privileges al any time by notifying us in writing and destroying the CardIS), Uoon the Coirn expiration at the end ot the montl'l snown .~n
it, we reserve the riqht not to renew the Card. We may cancei the CartI and your credit privileges at any Time after 30 days nolice to you, or without notice if permirtea by law. it ~~ur CarolS
cancelleo or not renewed, finance Charges and other fees will cominue ta be assessed. payments will continue co be due. mo all ottter applicaote provisions 01 thrs Agreement Will remain m
enect. If you terminate your credit privileges, or if we cancel or de nat renew the CJn:i; you mav no longer write checkS on your Account and you should destroy any unused cnecKS we
may have ISSued to you.
SOD
'Coni/flUea on revl4fSel
06019
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Personallntonnalion: Documents. You wiU prOllide us at least 10 days norice if you cnange your name. heme or mailing address. telephone numbers, emplOyment, or income. Upon our requesi,
'IOU wIll provide us addmcl13l financial information, We reserve me right to obtain intormatKm lrom etl\ef'S. incluOing tTemt reporting agenCieS. and 10 provide your address ana information about
your Account to others. We rnav also share information with OIlr business affiliates HnWP.'JP.r vOIr mav write to us at anv filTlf! instructinn tIS nOI to share credit information wnh nur affili3tes. 11 you
do not fulfill your ooJigations under this Aqreemem, a nefJative creOit report that may retlect on your crecit may be submitted to credit reporting iIlJendes.
Customer Service: Unauthorized Use, LOIS, or Theft of Checks or Ih, c..rd. Each Ca.rd must be signed on receipt. You are responsible for safeguarding the Card. your Personal
Identification Number (PIN), which provides access to Automated Teller Macnines. ami any checks issued to you from thett, and for keepinQ your PIN separate from vour c.rn. If ~'JU
discover or suspect that the Card, PIN, or any unusei:1 chec\\S are lost OJ stolen, or thai ttlere may be an unauthorized transactiOn on your Account, you will promptly"llOlity us by calling
1-800-211.5815. So we can immediately act to limit losses and liability, you will phone us everl thougn you may alSO notify us in writino. Your llabiUry for unautllOnzea use occurring
be10re you notify us is limited to SSO. If you report or we suspect unauthoriZed use 01 your Account. we may sUSQend 'fOur credit pfMteQes untll we resoNe the problem to our satisfaction
or issue you a new Card. \1 your Card is lost or stolen, you will promptly destroy all checkS that may be in your possession. To improve customer service and security, you agree tl'lat your
calls may be monitored or recorded.
Metdl.ant Relations. We will not be liable i1 any person or Automated Tener Machine retuses to honor the Card or accept your chet:1cs, or fails to return the Card 10 you. We have no
responsibility for goods and services purchaSed with tile Card or checks except as reQuired by law. (See Special Rule below.) Certain benefits that are available with tne Account are
prOVided by third-pany vendors. We are not responsible for the quality, availabiltty, or results 01 ar.y of the servUs you ct\ooseto use.
Slop payment Orders. II you wish to stop payment on a check, you may send us a stop payment order by writing to us at our address lor Customer Service listed on your statemellt You
can make a stop payment order orally by calling the number listed on your statement When you make a stOP payment \)I'Oer. you must proviDe your Account number and specific
intormation about the check: tlle exact amount, the date on the cneck, 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 conffnn an oral stop paymem order in writing. We mav dis(fmard vour oral onler if we do not n!CeiYe a ~ioned written confirmation within two weetto; after tne nral
Q[Qfi. or If we have not received an adea.uate descnption at the item so tl1at \)a'jrntflt can be stopped. Tht order will not tie ettectlve i1 the chedt was paid by us betore we had a reasonable
opportUnity to act on the order. We may, without liability, disregard a written stop payment order six months aner receipt unless it is renewed in writing. .
Standard of Care. Because this Account involves a credit card and may involve check transactions.ttIat art 'ProcessetI througb separate national systems before the transactions are
consolidated by us, and because not every check and Card slip will be sent fo us, transactions in your Account will be processed mechanically without our necessarily reviewing ~ery item.
Our processing system will call our attention to certain items, whiCh we will examine. We will examine all transactions when yOtl rtport that your Card or any checks have been last or
stolen. We clo not intencl ordinarily to examine all items. and we w11l not be negligent if we do not do so. This rule establishes the standard of ordinary care that we in goocllaith will
exercise in administering your Account Because of our limited review. and because neither your cancelled ched<s nor Card transaction sUps willlle returned to you with the monthty
statement, you should be careful 10 enter all checks in your check register or otherwise keep a record 01 them. You shouk! also savt yauc cre<til card cash advance and PUftl'laSe slips. tmI.
aorp.f1 to cne-r.k \lmJr mon11l1v statements lloainst VOllr I'l!conl and to notltv us immediatelY of anY llnauthoriz~ transactions or l'!n'Ors
Waiver of Certain Rights. We may delay or waive enforcement 01 any provision of this Agreement without losing our right to enforce it or any other provision later. You waive: the light to
presentment, demand.. pcotes,t. or \\ow of Oisoofltlr. any applicable statute at limitations: and any right you may have to require us to proceed against anyone before we file suit against
you.
Applicable law; Severability; ASSignment. No matter where you live. mis Agt~ment and your Account are governed by lederallaw 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 a>>eged oral agreement If any provision of thiS Agreement is held to be invalid or
unenforceable, you and we will consider that provision modified to con1orm to applicable law, and the rest of the provisions in the Agreement will still be enforceable. At any time aftet' we
determine in good faitt\ that aft'J P.roposed or enacted legislation. regulatory action. or judiclal decision has rendered or may render any maferiaJ provisions of this Agreement invalid or
unen1orceable, or impose any increased tax. reporting requirement. or other burden in cO/lnectlon with any such provisiOn or itS enforcement.."'!!:.lJ'l3Y, 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 I)ur right to an or some of your ?3yments. If stits law reQUires that ytIU receive
llo'tite of such an event 10 pro1ect the pUrt:ha$er or assignee, we may give you such notice by filing a financing statement with the state's Secretary 01 State.
Notices. Other notices to you shall be effective wI1en deposited in the mail addressed to you at the address shown in our recordS, unless a longer notice period. is s~ecified in this
Agreemem or by law, wl1ich period snall start upon mailing. Notice to us shan be mailed [0 our address lor Customer Service on YOlJr statement (or other addresses we may specify) and
snail be effective when we receive it
YOUR BlUING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your rtghts and our responsibilities under the Fair Credit BIIDng Act.
NOlily Us in Case 01 Errors Dr Ouest/oIlS AbDUl Your Bill. If you think your bill is wrong, or if you need more intormation about any transaction on your bin. write us. on a separate sheet, at
our address listed in the Billing Rights Summary on your bill. Write to us as soon as. possible. We ffi\ISt hear from ytIu no later than 60 days after we sent you the first bill art which the
error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your tetter. give us the followino: Your name and Acc:ount number - The dollar amount of
the suspected error - A description of the error and an explanation, if POSSible, of why you believe there is an error. rt you need more information, describe the item you are not sure about
YDur Rlpha and Our Ffl!sponsibilitin Anet We ReClliVB YODr Wrinen Notice. We must acknowledge your tetter within 30 days, unless we have corrected the error 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
delim:luent. We can continue to bill you for the amount you question. including finance cl1arQl!.s, aOO we can appl'J any unpaid amount against your ctlldit line. You do not haVe to pay any
Questioned amount while 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 amouRt. If '*" didn't mala! a mistakt, yau may hive to pay finance
charges, and you will have to make up the misseG 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 you and you write to us within 10 days tellinq us that you still
refuse to pay, we must tell anyone we report you to \11a1 you question your olu. And, we must tell you the name of anyone we repor1Bcl you to. We must teU anyone Wi report you to that the
matter has been settled between us when it finally is. If we don't faflow t1Jese ruies, we can't collect the first $50 of the questIoned amount, even if your bin was correct
Special Rule lor Credit Card Purchases. If you have a problem with the QUality of the property or services tl\at you purct'.ased with our credit card and you have tried in good: Iaitt1 to
correct the problem with the merchant. you may IlOt have to pay the remaining amount due on the property or SeMce5. There are two limitations on this right (a) you must have made the
purcl'\ase in your home state, or if not within your home state. within 100 miJes of your current mailing address: and (b) the purchase price must have Deen more than $SO. These
limitations do not apply if we own or operate the merchant, or if we mailed you the advertisemen11Qf the proPert1 or seMce5.
REWARDS PROGRAM - The following Tenns and Condilfons, along with the Redemption Rules disctosed In !he Rewam Broc:bure rSror:hunJ1, apply to the Rewards Program ("Program"),
Eligibility. Participation in the Program is restrtded to individuals 'Nho maimain a Providian VISA or MasterCard credlt card account ("Account") in good stancling. We reserve lhe right
to apprOV8. deny, or revoke membersl1ip or not allow re<lemption 01 Rewards, as defined below, IO any individual for any reason wllatsoever.
Earning ot Points. During the first 12 monthS your Account is open, you will earn 2 points ("Points1 fQl" each $1 of Net PUfdlaSes.Thtreatter. at the end of each monthly binlno cycle.
you will earn 1 Point tor each $1 at Net Purchases. ~Net Purchases" means purcnases of goodS or services made by you or any authorized user of the Account, minus any returns or
refunds. and eXCluding balance transfers, cash advances, traveler's checks, and aCtess checks. Points do not accrue tor inferest charges or fees of any kind, such as late payment fees.
annual fees. overllmit tees, and unauthorized charges. Changes made to tl1e above fist are at our $<lie dlsc.mioo. Point accrual will begin upon your Enronment Date in the Program. No
retroactiVe Points will be awaJ'ded. The Enrollment Date means the date we approve you as a Program member. Points may only be earned if your Account is open and is not past du~ or
above ttle credit line. When yOur Account is current and Is within itS credit line, you will begin to earn Points again. There is no limit on tlle number of Points that can be earned. Points
do not have a cash value, cannot be purchased or exchanged for casn, and cannot under all'j cil'tumstance be redeemed tor cash or used as a payment tor your Account or other
obligations to us.
Statemenl ,of Points. Program Points are updated monthty at the time 01 your Account billlno statement Points earned during the month win be posted at yauf billing statement date and
art run avaIlaBle tor redemution until a1leas1 two business days after your billing statement date.
expiration 01 Points. Points will expire five years after being awarded. Points redeemed and expired will be based on a first-earned, f1rst.spent basis.
Retlemption 111 Pulnts. PoIntS may be redeemed tor Products or services ('"Rewards"), which are set forth in a Brochure mailed to you from time to time. Points may only be redee~d if
your Account is open and is not past due or above the credit line. AU Rewards are subject to avaiJablrJty. We reserve the right to modify or cancel any Rewara at any time. When Pomts
are redeemed for a Reward, the number of Points required for the Reward will be subtracted from your Point balance.. You wiU contact the: \)arties listed in tbe BrOChure lor instructions
on how to redeem 'fOUl" Points.
Tax UalllIIly and Faa. You will be responSible for any federal. state. or local taxes due arising out of the accrual of Points or redemption of rile Rewards. You will also be responsible tor
any fees or other charges due in connection with the reclemption of any Rewan:t
ChangllS to Ihlll Program. The Program and the benefits are offered at our sole discretion. We reserve the right to alter or change any Program leature or benefit, prospectively or
retroactively, inclUding, without limitation, Point accrual or redemption criteria. and to cancel or temporarily suspend tI1e Program at any time withOut notice. In the event you commIt
any fraud Uf abuse your privileges relating to the accrual of Points or redemption of Rewards, we reserve the riqtrt to cancel any accrutcl Points as well as cancel your Account. ~
particiPlttion in the Program. If we cancel the Program. we will normally provide at leasl30 days written notice 10 ~ at the address provided to us. However, il you violate any provtSlo.n
of these Terms and Conditions. you are In detault under your Account, or your Accounf is closed. we may cancel the Program without providinQ YO\l30 days written notice ancl you win
tor1!it any unused Poirrts. You may cancef your participation at any time. The Program is void where prohibitecl bY tecleral. staIB, or tocallaw.
Rewards. MaritZ Inc. and SRI provide administrative services for redemption of the Rewards. Maritz Inc. and BRI are independent contractors and are not affiliated with liS. Neitt\l!r we.
Maritz Inc., nor BRI shalllJe liable tor bOdily t\arm and/or prapeny damage that may result from participatinq in the Program, nor tor the redemption Of Rewards and use of Rewards. In
the event any Reward that is r21:leemed is moditiecl. defective, or otherwise unsatisfactory to you. you will look SOlely to the merchant or manufacturer of the Reward .lnd (lot to us tor
any rep;:lIr, felund. or satlsfaction of your claim. We are not responSible lor any lost. stolen. destroyecl. or eXPired Rewards.
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-02689 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
PALISADES COLLECTION LLC
VS
SCHNEIDER NORA J
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
SCHNEIDER NORA J
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
, NOT FOUND , as to
the within named DEFENDANT
, SCHNEIDER NORA J
155 E COLUMBIA ROAD
ENOLA, PA 17025
PER POST OFFICE, DEFENDANT'S FORWARDING ADDRESS IS
126 BEECHWOOD DRIVE MIDDLETOWN, PA 17057.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
Postage
18.00
11.10
5.00
10.00
.37
44.47
So ans"iers: // __/
i '1 /,/ ./:.;>'_.__/' -,-
>./r..,,'F/c::::---/-
R. Thomas Kline
Sheriff of Cumberland County
WOLPOFF & ABRAMSON
06/02/2005
Sworn and subscribed to before me
this
st.
day of (}.UA'
df/tJ'; A.D.
C t~. ~ Q
Prot 0 otary
'htjPtJ,u, Aif77'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PALISADES COLLECTION LLC
Plaintiff
NO. 052689
vs.
CIVIL ACTION - LAW
NORA J. SCHNEIDER
Defendant
PRAECIPE TO DISMISS
To the Prothonotary:
Please mark the above-entitled case as dismissed without prejudice.
Amy F. Doyle #87062
Daniel F. Wolfson #20617
Philip C. Warholic #86341
~;if~~:;~
Tonilyn M, Chippie #87852
Ronald M. Abramson #94266
Ronald S. Canter #94000
Bruce H. Cherkis #18837
WOLPOFF & ABRAMSON, LLP
Attomeys in the Practice of Debt Collection
4660 Trindle Rd., 3'd Floor
Camp Hill, PA 17011
(717) 303-6700
120244258
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