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Home My WebLink About01-4629VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P. C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS. RYAN H HURLEY Defendant 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 judgTaent 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 ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#: 4428232900215067 CUMBERLAND COUNTY COURT OF COMI(ON PLEAS PROVIDIANNATIOND~L BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS RYAN H HURLEY 106 W BIG SPRING AVE NEWVILLE, PA 17241-1609 DEFENDANT CIVIL ~TION 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, RYAN H HURLEY, has a mailing address at 106 W BIG SPRING AVE, NEWVILLE, PA 17241-1609, 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 4428232900215067. THIS IS AN ATTEMPT TO COLLECT A DEBT. ~ INFO~TION OBTAINED WILL BE USED FOR T~AT PURPOSE. 4. The Defendant requested an account, account number 4428232900215067, which is owned by the Plaintiff, and an Account Agreement was sent to the Defendant. A copy of the Agreement is attached hereto as Exhibit UA" and made a part hereof. 5. The Defendant has failed to pay the amount owed in accordance with the Account Agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $3,204.74 as of 06/26/2001, 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 $545.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $3,204.74, plus pre-judgment interest at the contractual rate of 21.90% per annum from 06/26/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $545.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT I- ALTERNATIVE 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. and/or knowingly and voluntarily accepted the benefits bestowed. 12. It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without 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 $3,204.74, plus pre-judgment interest at the contractual rate of 21.90% per annum from 06/26/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $545.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. 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. ~ II, FORMaTION OBTAIN~D WILL BE USED FOR T~AT PURPOSE. VERIFICATION I, HEATHFR 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, ~n~h~iat~ of California. Date Designated Agent PROV! DIAN Financial EXHIBIT Providian National Bank VISA® or MasterCard~ Account Agreement for R/an H Hudey January 8, 2001 Please review this document and k ~ee~.. it with your other important papers. This Account Agreement contains the terms which govern your Pmvidian National Bank VISA or MasterCard Account (the "Account') The Account allows you to make pumhases by using yo~ur VISA or'Maste'rCard card..(the "Card") wherever t s honored and to est cash advances from us or any other Darticipafing financial insfitufion and from Automated Teller Machines. (.;onvenience checks may a so be p. mwded'(o you as an additional way to use the Account. In this Agreement 'you and your; mean e,ac,,,h, person for wh~o,m w.e hav opened a credit card Account "We ' "our," "ours "and "us" mean Providian National Bank or ts ass gnees, as ,stea on your o ng statement, me Account rflay be used on v for ~rson~, family household, and charitable purposes and not for any business or commercial purpose, Any use of this Account shall con'stituta acceptance of' 'the terms o(this Agreement. You and we agree as follows: Payments You will receive a month y statement showing your outstanding balance. Paym, ent on this Account is requi,red in U.S, dollaR (checks mu,st be payable at a U S. office of the bank the check is drown on,for at least the payment due as ShOWn on your statement by me payment due aate in accoraance wire payment instructions on your monthly statement, The back of your statements shows the rules we follow when we pgst payments. Convenience checks and other checks we ssue to you may not be used to make payments on your Account or to make payments on any other account you have with us or our affiliates. The payment due will be: 2% of the new balance shown on your statement plus the amount of any, past due pay ,inept, and re, ay i.n, cluda the amgun, t by which the new balance exceeds your cred t I ne However, the payment due wil not be ess than $15 Curl ess your new oa ances ess man $15, in wnicn case the payment due w be the amount of the new baansei[ f your Account is past due or aboveme creeit line we may require a higher minimum payF~ent, b.u't we wi noti'[y you be,fore doing so f your pey.rn,ent s mo,re than the payment, du,e, it .w, ill I~. ,!r. eated a,s a, si ,n, gle ,paymen. t apd non0 ,of it. ,will be applied to future payments aue. we may accebt late or pai'fia~ payments, or payments marKea paia in ]u~ or marKea wire omer resmcfions, w~mout ~os~ng our dght to collect all amounts owing under this Agreement. F nance Charges. Except as described in the Grace Pedod for Purchas.e Ba ance ,s~t on of this Agreement, .finance ,charges, ,beg[,n tq a,,ccrue qn ,a debit when it is included in one of your daily balances and continue unt that ba ances reauced by a payment or creak. Your Account nas [ne roi[owing oa~ances: The Pumhase Balance, which consists of your exsting Purchase Balance and new.purcnases you make with your Card and fees for ce~m optional serv~ses; one or more (Justom Cash Advance Balances, which consists of balances mat you transfer to your Account using balance transfer checks and balances that we transrer TOt you; aha tne L;asn Aavance Balance which consists of all other cash advances and cash ara'vance transaction fees. Any ~ayment amount we receve that exceeds me nnance cnarges ana fees then due will ordinarily be applied first to the Balance with the lowest Annual [e,rcentag,e',Rate (AP~), until that Balance s ze.m, ,.a. pd th,e'n [o.!he ,B. ala,,nce wi,t.h the next lowest APR, unfil that Balance is zero and then to any remaining uamnce, vve reserve me dght to apply payments aineran~Jy wimout mrtner nouce. i~hue ,Purchase, Custom Cash Adv~anc,e, and_C,ash Advance Ba a,nces a,re re..ducgd by pa, yme, nts as of the da, re, received, ~d b.y cr ~edits. a.s 9f the da__te, posted. rcnases are included in vour ~'urcnase ~alance as of the date maee. L;UStOm casn aavances are incluaea in your t;ustom L;asn Aavance ~alance as follows: funds electronically transmitted to other lenders to transfer balances, as of the date transmitted; checks to transfer balances, as of the date p. resented to us. Other cash advances are included in your Cash Advance Balance as follows: cash advances from other financial institutions and through Automated Te ers, as of the date made; cash advance.ch,ecks made ,pay,able to you th, a.t are iden. tified as cashier's, checks and, m, ai!ed to y~u at, your request, as of seven days after the date we pdnt on the cnecK; all other cnecKs, as of the aate presented to us. Other aeDits are inc~uaea in your ~'urcnase, Custom C~as,h Advance.or Cash Advance Balance, as of th,e date post.ed. ,Fi,0ance c,harg,.e,s are added to your Pu,rc. hase, Custom ,Cas,h Advance, ,a, nd Cas,h Advance t:sa~ances each day and are then postea on the last day of tne el,lng cycle,/nere is no grace pedoa ~or custom cash aavances or omer casn advances. Tdao figure the d~, yfinance chame for each ,typ,e,of ,B.a, lance, w,,e st.art,with.y,o, ur previous day',s ,BaLapce., add all,debits.and subtract aJl,..c ,r~::lits for !he cu ,rr~, nt y aha multiply me net amoun~ by the aDD,maple aai~y ,~,noaic rate Isee m~owing paragrapns). /ne nnance cna,.rge mr each ~pe o~ ~sa~ance is men aaaea to and includeain that day's Balance. Wb treat a credit balance for any day as zero, 'We determine the totalfinance charges on balances for the billing ,cycle by adding together the finance char~es for e,a,c,h type .o.f Ba ance .f. or each ,day withi,n th, e. billing cycle. ,I.n,, calcula, fin, g fi,nance charg.es, an ,adj. usth!, ent~,wi~t ~ maae ~or any transect on or payment that wou a nave a~Tected the finance cnarge ca~cu~a[ion in a pdor Dilling CyCle naa it been p~.,stea in mat cycle, me .applicable daily pedodic rate for such a transaction will be the rate in effect for [ne current billing cycle rather man the rate in effect on the date of the mansection. Your statement includes an average daily balance for each .'B/pe of Balance. You can multiply each ave,rage daily balance that is not zero by the number of days in the billing cycle and the pa~edic rate to obta n subtot~,'is.~ and then add the subtotals together to determine your total finance charges on balances for the billing cycle. If a cash advance transaction fee is charged, mat amount is also a finance cnarge. The term "Pdme Rate' as used in th, e Agreemen,t m~esns t,he'.highe.at pd~e,rate.pgb!ish~ in the ,W, all..S.t.t.~qt Jou. mal op..t, be first .busine,ss day of t,.ho previ, gu, s, calenaar month. Any increase or aecrease in me/~nual t~ercenrage t,(ate Will take effect on ~e llrsr aay O! your DIIIIng CyCle ana may result in a slight increase or decrease in the amount of your minimum payment. ,The ANNUAL PERCENTAGE RATE (APR) forourchases m.ay vary an,,d wiJI be adjusted each billing cycle to 5.24% above P.dme, Rate~ .b, ut will iq no even[ o 0 De less than 12.99~. Using this formula, the APR for purcnases in me ,January 2001 billing cycle is 14.74~, corresponang to a aaiiy pedoaic rate o~ 0,04038% The ANNUAL PERCENTAGE RATE for custom cash advances (ba. lanc.e tra0.sfers) in the Custom Cash Adva, nse #2 Balan, ce may vary a.nd will be adj. us!,ed each billing pycle to 5.24~ above Pdme Rate, but will in no event be ~ess [nan 12.99~, Using this formula, the APR ~or custom casn a~anses m [ne Custom Cash Advance #2 Balance in the January 2001 billing cycle is 14.74%, corresponding to a daily pedod~c rate of 0.04038%. The ANNUAL PERCENTAGE RATE for cash advances is 21.9%. corresponding to a daily bedodic rate of 0.06000%. If we receive your Account payment late 2 or more times in any 6-month peded on each such occurrence we may increase the APR for purchases up to a maximum of ~8.90% (corresponding to a daily pedodic rate df 0.05178%). and increase the APR for cash advances and custom casn advances up to maximum of 23.90% (corres~nding to a da,[ly peded c rate of .0,.06548%) If aft.er you ra~eiv9 the h,[gher rat.es ye. ur payme,nts are received 9n fime,.and you meet all other terms of this Agreement for ,~ consecutive monms, you may conrec~ our ~ustomer ~ervice ~epartmemano, at your request, we wi~ rewew your Account for a possible APR reduction. Grace Period for Purchase Balance. New purchases posted to your Account in billing cycles with no previous balance~ or when the previous balance was fully,paid d.u, dng the cycle~ do. not b.egjn to incu, r,.a.fin,a, nce charge, uptJl ~e' start of the next b!lli.ng cyc, le._You will,pay no nban.c~ charge.,on ,s.u..c. h new, . pumnases r you pay me [ota~ new oaranca in ru Dy me payment oue ,oare snown on your sta[emem, r~ew purchases postao m any omer o~i~ng cycle ~ncur a finance charge, and there is no pedod in which such purchases may oe repaid without incurring a finance charge. Fees. We may charge your Account $0 fo~ each Card you ask us to replace; each retumed payment; each check you write on your Account that we return u~p, ~id; .e~c,h stpp.pa, yment order ,or renewal .o.~..such, an o, rd.e.r;,ea, ch bifiiqg cycle.within .whic ,h your A.,ccount is del!nqugnt (la, t.a.,c, harge.);, and e, ec,,h b!lling c¥cl w~m~n WhiCh your oa~ance exseees your credit line Iovemma Tee}, even ~r your ~c,c,oum ~s ,c~oseg, ~r you.,request Cpples.ot eH~mg s,[aremenrs.[nat were sent to you more than three months eadier, we may charge a Handling fee of ~2 ~or each SUCh copy. IT yOU request that we make a one-time automatic (Continued on reverse) (5848-0698) 4428232900215067 1048 431 z~ pay, ment from,your persona ch,eck ng .acco, unt we m.,ay,charge your credi! c,ard Account a fe.e` of $4,.95 for each r .~uest. This fee is a FINANCE CHARGE, uno it will apply regardless of wnether Tunes are available in your persona~ coecKmg account to maKe me payment, We may charoe a transaction fee of 3% (minimum $5) wh ch s a one-time F NANCE CHARGE, on the amount of each cash advance including cash from f nanc al nstif'ut OhS, and ATMs, wire trar~sfers, mone~ orders, Iottary tickets, casino gaming ch ps, and s m ar transactions. Default. Y,ou w I be, n default: if any i nform`ation y, ou prov ded', us p. rov. es t,o be, nco.mp!ete,or u,ntrue;, f. you ~, no,! comply wi~ any paE of th, is ~,gre~ment upon your (]oath, banKruptcy, or insolvency; T yOU GO nO[ pa~/o[ner Uebts when <3ue; r a DanKrup. my pat tion is n e(3 Dy or against you or ~T we ea~eve ~n goo(~ faith that you may not pay or pp.r~orm your ol5 gat OhS un(~er this Agreement. If you are in default we may without furtl~er demand or notice, cancel your cred t pdw eges, declare your Account ba ante mmediately due and payable, and u,se a,ny reme,_d'y we may have. I,.n the event of your default .the outstanding oalance on your Account shall continue to accrue interest at th6 APR(s) disclose(] ~n the finance Charges section of this Agreement, even ~r we have filed suit to cotiect the amount you owe. Credit Line. Your credt ne s specified from tree to tmen a separate notice. Your monthy statements show your credit line and the amount of your ava ab e credit. We may ncreaea or decrease your credt ne based on iQformation we obtained fm,m you q,r yqur c,r, edit records. '(ou,,r ay,aileple c ,r~lit is norma y the d florence between your credt ne and your Ac,count bala.~ce (jnc. lu.,ding, tra,nsa.c,,tio,ns ma~ or a.utho.nzea au.~ not yet ,po,s!e(3). i!.you se, n(] us a large payment check, we may limit your ava ab e cred t whe we conr rm mat me cnecK w c ear t-or terra n transeceons available creo[tmay De ~ess. You will not use your Account for, and we may refuse to honor, any transaction which wou d cause you to exceed your available credit. Promise to Pay. You promise to pay us when due all amounts borrowed when you or someone ese u,se yogr Acpount (even if, the amount charcj ,ed exceeds your perm ss on), a other transactions and charges to your Account and c.,o. llection costs we mcu, r ~ncludmg, but not timried to, reasonaole attomey's fees and court costs. (If you win the suit, we will pay your reasonable attorney s fees and court costs.) Chan(~les. After we p. rovide you any notice .r~quired by law, we may change any part of th s Agreement and add or remove .requirements. If a change is made'to the Financa Charges section of this Agreemer~t, the new finance c~arge ca cu ation w apply t,o yea.r .e.ntire. Account b, ala.,,nce fr'om !he.,effectivei'date of the change. Changes will apply to balances that include items posted to your Account before [ne pate OT me coange, uno wil~ apply wnemer or not you continue to use the Account. Forei{3n Exchange/Currency Convers, ,on f you u.se your, ,Card for tran,s..a, cti,on,s in ,a currepcy ot.he~ than, U:S, dol!ars, the tre.n, sac, tions w!.ll ~ converted to, U S iQo ars, genera y us ne ether a (i) govemment-man(]aTe(] rate or ~ii) WhOlesale man(e~ rate tn e~ecT [ne uay Derore me Transact~ea ~s prcoeseso, n~ased by three eercent ('3%) f a ci%~d~t s subsequently given for a transaction it will be decreased by the same percentage. The currency conversion rate used oh the cbnversioh~{e may d flor from th6 rate in effect on the date you used your Card. You agree to accept t~e converted amount in U.S. dollars. TheCa, rd; Cancellatio,n. You may cancel your credit p. dv ,egesatanvtm~eby, n, otfyng usinwhting..and,des,troyingthe,`card(,s). Uppa the.(;ard e~oi~tiop at the eh(3 of the month snown on t, we reserve the d(~ht not [o renewlhe uare. vve may cancel the uar(3 an(~ your cre(]it pdw~eges at any time after ~ ~ays not ce to you, or without notice f perm tted by law. 'if your Card scance ed or not renewed, finance charges and other fees will continue to be assesae~l payme, nts ,will continue to ~ du,e, and all othe.r applicab!e p,rovi,sions of thi.s Agm~men,t will re, main, i,n effect. If you terrp, in, ate, your ,creditpdvile~,es, or if we cancel or ao not renew the ~aro, you may no longer wd~e CheCKS on your Account, aha you snoula easa'oy any unusea ChecKS we nave issuea to you. Personal Information; Bocuments. You wi provde us at least 10 days notice if you change your name, home or mailing address teleJphone numbers, em.Do.yment or ncome Upon our request, you will provide us additional financiainformacon We reserve the fight to ~tain informafion from others, nc~ud ng cred t reporting agenc es, and to prov de your address and information about your Account to others We ma.y also share information with our affiliates. However you may whta to us at any t me nstruct ng us not to share credit informat on with our affiliates, if you co not fulfill your obligations under this Agreement, a negative credit report that may reflect on your credit may be submitted to the credit reporting agenc es Customer Service; Unauthorized Use, Loss, or Theft of Checks or the Card. Each Card must be signed on receipt. You are responsible for .safeguar. d'ing t,he Card, your ..P,e. rsonal Iden. tifica[on N..um.ber,["PIN", which provides ac.ce.ss to A~utom. at..e,.cl Teller Machine, s) an,d any c. he~ks i~s,ued to you. Trom the]z, ana Keepin~your ~'~N sepa. rate from your ~ara. ~ you aissover or su.spect tnat y,our ~.;a.rg~ ~L~ ~o~r..a.ny..unusea cn~CKS a. re ~o,s~ or, sTq~en, .or mat there may be an unaumofized transact on on your Account, you will j~romptly notify us by ca.in.g 1-8uu-~-~zz~. ~o we can ~mmeaiate~y act to timit ~osses ,and liabi ~ty~ you will phone us even though you.may al.so notify us re.writing; You will not be ha,ble for una,,u, thqd.z, ed use ..oqc, urring ~for.e` you ~.tify u.s of a oss or tneft f you report or we sus~ct unaumonzea use or your Account we may suspena your crealt pnv]~eges until we resolve tne pmD~em to our satisfaction or issue you a new Card. If your Card is lost or stoke.n, you will promptly destroy all checks in your possession. To improve customer se~ce and security, you agree that your calls may be monitored or recoraea. ~laerohant Re,.Mi,'ons. We will not ~,liab e f any, persg, n or Automat.ed Tell.er ~achine.. ref,uses,to .honor the.Card or a. cc,egt your ch,~ks,.or f~il,s to .ret, ur0 the, rd to you. we have no reA~qnsibi~it? for goDes ana serv cea puronasea w~th the, uarg.,or ChecKS except ,as, r.~u!r'~ Dy !.aw. (~..ee,, ,b,p. ec~al ~u~,e. De!ow.) Certain benefits that are available with the Account are prowded Dy third.arty venoors, we are not respons~o e rot tne qua fy, ava aD fy, or resu ts OT any of the services you choose to use. Stop Payment Orders, I!you wish to step payment on a check you may send us a stop payment order by wdting to us at our address for customer se~ce listed on your statement. You can make a step p~.yment order orally by calling the number listed on your statement. ,When you make a..s,tep payr0ent,orde[, you must pmvida your Account number and spec TiC info ,n:q.`at oqal: ,xS,'ut the`che-c...k: the ,e,xact a, mo.u. nt, the.date on th`a qnec~, me n.ame,oT !ne ~F[Y to,.,wnom ~t was payaDle, the name of the p.e. rson who signed it,' ana the cnecK numoer. ~'ou Will De asKea to conTirm an ore sTo9. pay~nen[ omer ~n writing, we may disrega~ your oral order if we do not receive a signed wdtten confirmation within two weeks after the oral order, or ~f we have not received an adequate desonption of.the item so that payment pan be step' ,p,ed The orde.r w not be. effective f the.,ch~k was pai.d by, us .1~. ~ore we ha,d. a re,a~onable opportunity to act on the order, we may, without liaDility, disregara a written step payment oroer six monms aAer receipt umess it Is renewea m wnang. Standard of Care. Because this Account invo ves beth credt card,and, ch~k..tran, sa, ction,s, ,which are processed through separet, e natiopal ,,sy, stems before, the transactions are conso dated by us, and because not every cnecK ana uara s p w De sent to us transactions in your ACCOUnt wi~ ee prcoessea mechanically without our necessarily review ng evep/ rem Our process ng system w ca our attent on to certan tams 9.,h ch we will examine. We will ,exam n,.e a .~ .m. nsac~ons ,when you.r,eport ,that y,o,ur, C. ard .o,r ch .ecks, haye.bee,n, lost or stole,n.. ,We dg not in!e.n.d',ordj.nadly to. ex~min,e 911 it.ems and we. will no.t De neg gent T we ~ not ao so in s rue es[aD snes me stanaam OT ora na.ry care wn cn we in gcoa Tal[n Will exercise I~ aamlnlstenng your Account. B, ecausa of our, m ted review, `and, because ne`ithe.r your pancelle`,d checks, nor Card tra ,nsa. q,tion slips will, be,re, tu,med to you w~th ~9 mon, thly`arat.ement, yoc~ Should be careTul to enter all ChecKS in your cnecK register or oTnerwise Keep a recora or mem. ~ou snou~o a~so save your (;reat[ cam c~sn aavanca an purchase slips. You agree to check your monthly statements against your record and to notify us immediately of any unauthonzed transactions or errors. Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our dght to enforce it or any other provision ater You wave the dghtto presentment, demand, protest or notice of dishonor;, any applicable statute of limitations and any dght you may nave to requ re us to proceed ago nst anyone before we file su taga nst you. HAppl c,able, Law; Severab fy; Ass grim, ont. No matter where you !lye. this Agraeme, nt and,your A~o,unt ar~ g..ov, em..ed by !ederal Jaw an,,d by ,New, ampsnire law. This Agreement is annal e~ression of the agreement DeTween you ana us anq may qot De con~gigea Dy .e.~oence OT any a.ege, p o,~ agreement, if any provision of this Agreemenf is held to I;~ i~.ya,d or unenfo~ea.ble you.and w.e wtil cops. lder.that prows!o.n ,m, al.d, itied to conform tp app, caple` aw, and the rest of the ~.rovisions m the Agreement wtil stdl be enforoeab~e. At any, time after we eaterp31ne in goo(] !a~Tn.mat any gropos, e,a or e.nacrea eg s at on, regu atory ac[ion, or jud c a dec s on has rendered or may render any matedal provisions of this Agreement ~nvahd or unenToraeaD~e or impose any increased'tax, reporting requirement, or other burden in connection with any such prows on or ts enforcement we may after at least 30 days notice to you, or w thout notice if permitted by law, cance the Card and your Credit privileges. We may transfer or assign our right to all or some of your payments. If PROVID1AN ~' Fina~¢i~! state law reRuims 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 effect ve when deposited in the mail addressed toyou at the address shown on our records, unless a longer notice period s spec fled n th s ,~reement or by aw, which peiiod shall start upon mailing. No[~ce to us shall be mailed to our address ror customer service on your statement (or other addresses 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. Nb.Drily .Us in Case of Errors or Questions AboBt Yqur Bill.~ !f,. you.think your bill is wrong o,r if you n, ee. d more information about a, ,n.y ~'ansaction.on your ill, w#re us on a separate sheet, at the address listed n the ui lng ~ights ~umma~y on your eill. Write rD us as soon as possible, we must hear ti'om you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your dghta. In your letter, give us the followina information - Your name and Account number. - The dollar amount of the suspectec~ error. - Descdbe the error and explain, if you can why you believe there is an error. If you need more information, descdbe the item you are not sure about. f you have authorized us to pay your credit card bill automatica y from.your check ng account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us three bus ness d~ys beTore the automatic payment is scheduled [o occur. Your Rights and Our Resp, onsib#ities After We Receive Your Written Notice,. W,e mus! a,.ckno.wl, e ,dg,e, your letter.with!n 30 days unless .we have correctec] the error by then w th n 90 days~ we must either correct the error or,.e, xplaln why we eefi ,e¥,,e me D. IH w.,as correc[: After we r. ece~ye you`.r ~e~er, we cannot try to co ect any amount you question, or re~ort you as de nquent vve can cont nue to D you mr me amoun[ you ques[~on, inc~ualng finance charges, and we can app y any unpaid amount against your credit line. You do not have to pay any questioned amount whse we are investigating, but you are still obligated to pay De parts of your bill that are no[ 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 Tail to~ay the amount we think you owe we may .r~.ort you as delinquent. However, if our e..xplanation does not satisfy you and you write to us within 10 days tefling us that you still refuse to pay, we must tell anyone we report you to that.you .question your bill. And, we musftel you the name of anyone we reported you to. ~e must tell anyone we report you to that the matter has been set[led between us when it finally is. If we don't follow these rules, we can t co ect the first $50 of the questioned amount, even if your bill was correct. ~PveCial R, ule for Credit Card Purchases. If you have a pro,b em. with the qua! ,ty of t~e pro~rty or services that you, puroh.a, sed with our credit ca,,and you e tdee in good faith to correct the prob em w th the mercnan[, you may no[ nave 7o pay [ne remaining amount c~ue on [ne goods or services. /nere are two limitations on this d<~ht: (a) you must have made the purchase in your home state, or if not within your home state, within 100 miles of your current ma ng address; and (b)"the I~urohase price must have be~n more than $50. These limitations do not apply if we own or operate the merchant, or if we maileeyou the advertisement for the property or services. Z561 I:::XrtlUI I /1' Complete this shor~ form and re~urn it in the pos~age-paici envelope provided. 30-Second Response Certificate Yes, I want to accept your invitation for a customized VISA' Gold account! I ague to be bound by the Account Agreement (which will be marled to me b~fore my VISA card is issued) and to repay pr~dpaJ, tnt~-t, and iht e~'est th~l-enn, except that I wi/l have no obiigatlon if I return the.card(s) unused an~ cancel my account after r~vlewing the Acuount Agreement. Ryan H. Hurley 106 W. Big Spring Ave. Newvitle, PA 17241-1609063 ' 423517 2703N1 CTOA0 G~119 GRECI2iJR OE~ UI~D ABAJ 20- 703-8649-6377-1 T~tnv~on~xp~en September 6, 1994 So,al Secudt7 Num~ -- ---- Phone Work/,~:ond Phone No Annual Fee $20,000 Cr&dit Line Immediate Cash Lowest Purchase Rate GUARANTBED SAVINGS R. Thorea~s Mazur Vice President Reference Number: 210524133 Box : 58 Year : 94 Batch : 4 SSN :210524133 Account # : 4428232570301551 LLWRIGH VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF BOX 1779 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIA/q NATIONAL BANK Plaintiff VS RYAN H HURLEY Defendant NO. 01-4629 PRAECIPE TO SETTLE, DISCONTI~u~ AND ~ TO THE PROTHONOTARy: Kindly mark the above captioned matter discontinued and ended upon payment of your costs. settled, PARK LAW ASSOCIATES, P.C. VALERIE ROS~u'~'n ~n~ I7