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HomeMy WebLinkAbout02-3546 ¥ VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTOP~NEY FOR PLAINTIFF CUMBEPJ~/~D COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS EILEE~ J FELMLEE Defendant NO. 02 3rq& 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 byan 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 TANE 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. Court Administrator ~ERLAND County Courthouse Cumberland Co. Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 999-9108, (717)249-3166 VALERIE ROSENBLUTH PARK, Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ESQUIRE CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK TILTON, N-6 03276 Plaintiff VS EILEEN J FELMLEE 16 SINCLAIR RD MECHANICSBURG PA 17055-4050 Defendant CIVIL ACTIO~ 1. The Plaintiff, PROVIDIAN NATIONAL BANK , is a National Banking Association organized and existing under the laws of the United States with an business address at 295 MAIN STREET, TILTON, 576 03276. 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, EILEEN J FELMLEE has a mailing address at 16 SINCLAIR RD MECHAI~ICSBURG PA 17055-4050. 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 4428471375502902. 4. The Defendant requested an account, account number 4428471375502902, 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 $18,828.24 as of May 31, 2002, plus pre-judgment contractual interest at the rate of 15.6% 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 $3,200.00. WHEREFORE, Plaintiff demands that judg/nent be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $18,828.24, plus pre-judgment interest at the contractual rate of 15.6% per annum from May 31, 2002until the date of the judgment herein, plus reasonable attorney's fees in the amount of $3,200.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. ALTERI~ATIVE COUI~T I- QUANTUH ~RUIT In the event it is determined that no oral or written agreement existed in fact or law between Plaintiff and Defendant as alleged in Count I, the Plaintiff alleges as follows: 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 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 NATIONA~L BANK , and against the Defendant in the amount of $18,828.24, plus pre-judgment interest at the contractual rate of 15.6% per annum from May 31, 2002 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $3,200.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. VALERIE ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VERIFiCATiON I, 8~AN 00WH~0 , 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 Jefferson Count~in the Sta~t~ of Kentucky. Date Designated Agent Providiarf National Bank VISA® or MasterCard® Account Agreement for Elleen J Felmtae March 15, 2000 Pleasereviewthisdecumentandkeepitwithyourohe mportan papers Thrs Account Agreement contains the terms which overn ourPovdianNatio he Acco " , ~ g Y hal Bank VISA or MasterCard Accoun ( unt . The Account allows you to make purchases by using your V SA o MasterCa d card the Card ) wherever ~t ~s hono ed and o get cash advances from us or any other participe lng financial institution and from Automated Teller Machines. Convenience checks may also be provided to you as an additional way to use the Account· In this A reement," ou' and ' our" mean each person for whom we have egened a credit card Account "We," "our,' 'ourse" and 'us" mean Providies National Sank or its assignees, as listed on your b~ing statem~nt. The ~Y~count may be used only for personal, tamlly, household, and charitable puq~oses, and no fo any bus ness o comme c a buq:)ose. Any use of this Account shefi constitute acceptance of the terms of this Agreemon You and we agree as follows: Payments. You will receive a monthly statement showing your outstanding ba ance Paymen on h s Accoun s required in U S dollars (checks must be payable at a U.S. office of the bank the check is biawn on) for at least the payment due as shown on your s a amen by he paymen due da e in accordance with payment instructions on your monthly statement The beck of your statements shows he rules we fo ow when we post payments. Convenience checks and other checks we issue to you may not be used to make payments on your Account or to make payments onanyctheraccountyouhavewithosorouraffillates rhepaymen duew he 2%ofthenewbelanceshownonyourstatement plustheamountofanypastduepayment, and may includa the amount by which the new balance exceeds your credit line Howese, he peymen due will not be less than $15 (unless your new balance is less than $15, in which case the payment due will be the amount of the new balance). If your Account rs pasl due o above the credit line, we may require a higher minimum payment, but we will nctih/you before doing so If your payment is more than the payment due il will he treated as a single paymen and none of w be app ed o fu u e paymen s due We may accept late or partial payments, or payments marked "paid in full or marked with o her restr ct ons~ w thout losing our right to cct E, ct all amounts owing under this Agreement Finance Charges. Except as described in the Grace Period for Purchase Ba ance sec mn of h s Agreamen, finance charges begin to accrue on a debit when it is included in one of your daily balances and continue until that balance is reduced by a payment or credit. Your Account has the fo ow ng be ances: The Pu chase Balance wh ch consists of your existing Purchase Batance and new pu chases you make with you Ca d and fees for carta nop ~onal serv cas; one or more Cos om Cash Advance Ba ances which consists of balances that you transfer to your Account using balance transfer checks and balances that we transfer for you' and he Cash Advance Sa ance wh ch consists of ail other cash advances and cash advance transaction fees. Any payment amount we receive that exceeds the finance charges and fees hen due w o dna fily be applied first to the Balance with the lowest Annual Percentage Rate (APR), until that Balance is zero~ and then to the Balance with the next lowest APR, unh tha Balance rs zero and then to any remaining Balance. We reserve the right to apply payments differently without fudher notice. ~hurechP~[~h~So~nC~Sat~fCt~eS~ts/~edVma~Cd~' a~dosCtaa~h~sdVha~aBalances are, r ,edu.~ed bY ~P..ayments..as of the date receiveq, and by crudits as of the date posted Pa chases are included in your · rices are mc~ueea In your bus om ~Jesh Advance Balance as follows: funds electronically transmitted to other ~endars to transtar balances, as of the date transmifted; checks to transfer balances, as of the date presented to us. Other cash advances are included in your Cash Advance Balance as follows: cash advances from other financial institutions and through Automated Tellem es of the da e made cash advance checks made payab e o you hat are identified as cashier's checks and mailed to you at your request, as of seven days after the da e we pr nt on the check; a other checks, as of the date presented to us. Other debits are included in your Purchase, Custom Cash Advance, or Cash balance ,Balance as of the date posted. Finance charges are added to your Pu chase Custom Cash Advance and Cash Advance Ba ances each day and are then posted on the last day of the i~lJng cyoe. /here is no grace pe ind for custom cash advances or o her cash advances. To I~gure the ~aily l~na¢ce charge for each type of Balance we start wi h your prey ous day's Ba ance, adO all debits and sub ract a I credits fur the current day and multiply the net amount by the appkcable dally penodic rate {see following peragmpha). The finance charge for each type of Batsnce is then added to and included in that day's Batance. We treat a credit bataece for any day as zero. We determiue the total finance charges on balances for the billing cycle by ada ng ~ge he he finance charges for each lype of Balance fur each day within the billing cycle. In calculating finance charges, an ad ustment will he made for any transaction or payment that wou d have affected the finance charge calculation in a prior bil lng cycle had it been posted in that cycts. The applicab e da ly panodic rate for such a transaction will be the rate in effec for the current b licg cycle rather than the rate in effect on th~ date of the transaction. YourstatamentincludesanaveragedailybelanceforeachtypeofSaance Youcanmu Ply eech average da ybaancethatrsnotzarobythenumberofdaysinthebillingcycleandthepariodic rate to abtain subtotals and then ado the subtotals tnge her to datermine your total finance charges on balances for the bi ling cycle If a cash advance transaction fee is charged that amount is a so a finance cha ge. , The term 'Pdme Rate" as used in the Agmemest means the highest pdme rate published in the WalIStreet Journal on the first business day of the previous calendar month. Any increase or decrease in the Annual Percentage Rate will take effect on the fimt day of your billing cycle and may result in a slight increase or decrease in the amount of your minimum payment. You can a~Tange to have a vahable rate (not below 59%) fur purchases which is lower than the lowest non-intrnduc o~y ANNUAL PERCENTAGE RATE (APR) you are paying on any of your other ,c..~,?,~ ,~ ~o_ r..,m:_t a!Lac,.c:,o,:u nt s..T, hi,s_ ,,APE is available only if you prO. v!d~ pmo[ i[~ the form of a cap~ of your most recent billing statamen, showing your other non-tnt reducton/APR. Your now APR .~ rr'.,~"~'="*'='our ~'!~J"'~.~'~ mrm~ m~[ng cycle,?, ,owm~,,our rev~,ow, m' your proo*fi eut not earlier than the end or your courtesy parted. Until your new. APR takes effect, o f we do aot recewe ..Donf o _ourv lower , y . --, F~uron. a,_s~ w~[~ ~e as ~,ows. [ne ANNUAL PERCENTAGE RATE (APR) fur purchases w~l vary and may he adjusted each b~lllng cyc e up o 7 1% above Prime Rate, bu wi ~e no evem ee ~ess than m,~o%. Using th~s formula, the APR for purchases in the March 2[X]0 billing cycle is 15.6%, corresponding to a doily pedodic rate of 0 04274%. You can arrange to have a vaheble APR (not befo# 8.9%) for custom cash advances that is lower than the weighted average of the non-ictroduc cry APR you have been paying on he otal A~coe~,y~o~u,.h~v,~ t.r ~a .n~.f,e.r,r ~e ~i~ ~_o.m_ _o!l?.r ?edit.~rd; ratai!,.and in.~tall,men, t accounts p~ided your other accounts were open in March 20(~. In calculating this APR we will take into account the your other ndn-iotroductory APRs.. Your new APR will be variable, based on Prime Rate and will take eff"ect ~*n th~ billing %ycl~ followingour ravl'?'~'o f co,!Jrt?~pun,oc, i,..,,fwed~notr ~ec~'~.v..e. su, chpr_oofyourAPRforcestomcashndvancesw beasfoows TheANNUALPERCENTAGERATEtarcustomcashadvanceswillvaryandmaybe correspondingaalus~ee escn m,ngta a dailyCyC~eperiodic up to t.~'~rate ofae°ve'0.04274%.Pnme Rae bu w in no even be ess hen 15 35% Us ng his formula, the APR fur custom cash advances n he March 2000 billing cycle is 15.6%, The ANNUAL PERCENTAGE RATE for cash advances is 21.9%, co~msprmding to a daily parindio rate of 0.g6000%. Ifyourpaymentisreceivedlatalwiceinony12-monthperied or fyousigdifican y ncreaseyou oa unsecu ed debt (as explained in the CREDIT REVIEW peragrabh befow theAPRfor purchases may increase, but will not exceed 18.9%, co~msp~nding to a ~ ly pa edic rate of 0.05178%; and the APR for cash advances and custom cash advances may increase, but will not exceed 2~.9% corresponding to a daily ~hodic rate of 0 0654E~. Your Accoun may be eligible for lower APRs after you have met the terms of h s Agreement for three months. If you contact os, we will revlow your Accoun o da ermine your e~igibilily for lower APEs. CREDIT REVIEW: SPECIAL REQUIREMENT You agree not to s gn fican ly increase your total unsecured debt. Your APR can increase (as eup~ainnd above) based on a s~gni§cant increase in ~ont[~u~u r~,~u r total unsecured debt and your total unsecured debt with other tandem each increases by more than $5,000 and your annual hoosehdid income is less than four times your Grace Period for Purchase Balance. New purchases ponted to your Account in billing cycles with no previous balance or when the previous balance was fully paid dudng the cycle, do not begin tvOo ~cs~ ~e fimnean~?el~ hera r[e, r ~ ~.~ ~eo~t~l~ ~n v~ol~b. ~1~ ~ cycle.,Y0u will .pay no fi,nonce char~.e, on ~uch ue~ p ,umha,s~ if you pay the total new balance in fu bY he payment due date shown on Fees. We will charge your Account $0 for; each Card you ask us to replace; each re uroed paymen; each check you write on your Acceenl thai we return unpaid; each stap peymen orda or renew, al of such an order; each billing cycle within which you Accoon s delinquent (late charge); and each billing cycle within which your balance exceeds your credit line (ovedimil fee, even if your Account is closed. If you request copies of bllfing statements ha were firs sent o you more than three months eedier, we may charge a handling fee of $2 for each suc~ capy A cash advance fee of 3% (minimum $5), which is a RNANCE CHARGE, may be charged for each cash advance transaction made on your Account. D~fault. Y(~u will be in dOtault: if any information you provided us proves to ha ncomple e or un rue; f you do no comply with any part of th s Agreement; upon you death, bankruptcy, cr Insotsency;~fyou do not payother dabts when due ifabankrupcype ion sfiedby or againstyou;orifwebelieveingondtaiththet you may ontpayorpedorm yourobligationsonder thrs Agreement. If you are in dataufi we may wilhaut fortber demand or no ce caeca your crud t privileges, declare your Account balance immediately due and payable, and use any remedy we may have. In the evonl of your default, the outstanding balance on you Accou'n sha con hue o accrue nterest at the APR(s) disdiosed in the Finance Charges section of this Agreement, even if we have filed suit to cdilect the amount you owe. Credit Erie. Your credit line is specified from time to time in a saparata notice. Your monthly statements show your credit line and the amount of your availabta credit. We may increase or ~lu~'~Yt°r°mUnrs~te~ioitn~ne-,~ba,~s ~ec~- ~,~t~.n, .w.e, de!aine? ~ffom,~/ou or your crec? reonrds. Your. av.ailable cred!t i~ normally the difference between your credit line and your Account balance t"' _~, ,,,? ,,,,~.~... ~,, ,=X,,,X.~ ua~ [~.,! ye[ pos[e~I. t~you uena us a large payment onecl(, we may I m you available credit while we confirm that the check will clear. For certain Promise ts Pay. You promise to pay us when due all amounts boiTowed when you or someone else use your Account (even if the amount charged exceeds your permission), all othe ta~ on ~naeC,~ r ~Se ~a ~ nCdh ~gu~sy.~r Account, and collection costa we incur including, but not limited to, reasonable attorney's fees and court costs. (if you win the suit, we will pay your reasonable Changes. After we provide yon any notice required by law, we may change any part of this Agreement and ado or remove mquirementa. If a change is made to the Finance Charges seclion of (Continued on reverse) (5846..0898) 4429471375502902 079 this Agreement, the new finance charge calculation will apply to your entire Accoun balance from he effective dote of the change Changes will apply to belacoes the nc udo items DoSted to, VOUr Account before the eof th cha ~, and will apply whether or not you continue to use the Account ForelgnExchen§elCurrencyConverslon. IfyouueeyourCardfortransactions nacurrer',J,'yotherthan US. dollam, be trancectlons will be conveded to U.S dotlam,~enerallyusingedhera(i ~rendme~n~-mms~nr ~ie~. rsa, t edc~ i~ii~, whofasa e ma rko rate in effec he doy before the trec sachon is prccees ed, fac reused by th rea persenl (3%). fta c redit is subs equestiy grve~l fsi: a ran suction, il will be decreased by the same percentage. The currency conversion rate use~:l on the conversion dote may differ from the rate in effect on the dote you used your Card You agree to accept the The Card; Cancellation. You may car~ your cred pr v e~es at any time by notifying us n writing and destroying the Card(s) Upon the Card expiration at the end of the mou h shown on it, we reserve the right not to renew the Card. We may cancel the Card and your credit payileges at any time after 30 days notice to ou or without notice if no renewed flnancecharges andother leas willcon hue obeeseaused -.=,,mas Sw~Ic^"';"'A'A"' '~ .... .'" .'- ,y ;, perm tedbylew IfyourCardiscancelfador terminate your credit payileges, or if we cancel or de not renew the Card, you may no longer wdta checks on your Account, and you shoutd destroy any unused checks we have issued to you. Personal Information Documents, You w I prov de us a east 10 days notice if you change your name home or mailing address tel hone numbem e about your Account to others. We mav also she e nformai on w h our ;~i~ ~'~' '~'~J'*'-'l~-"ll'~J'.~,~-n .o.[.em[ ~_??ng ~r.e? r. eporhng agencies, and t? provide your address and nformation ac no[ rum. your om~gacons unee n s Agreement, a naga ~ve cred epod that may effect on you cred t may be submi ed o he cred t reporting agenc es. Casts me,.r, Se[vice; Urmuthortzed Use, Less. ar Theft of Checks or the Card. Each Card must be signed on receipt. You are responsible for safeguarding the Card, your Pemonal identification Number ( PIN, which provides access to Automated Taller Machines) and any checks issued to you from theft, and keeping your PIN separate from your Ca d f you discove or suspect that your Card, PIN, or any unused checks are lost or s clan, or ha here may be an unauthorized transaction on your Account, you will promptly notify us by calling t-~.~3-7221 So we can ~mmediatalY act t° limit I°sses and Iiabilifi/, you will Pbene us even though you may also notify us in wnftng. Your liepilify for unauthorized use ocusrring before you notify us is limited to $50 fyou report or we suspect unauthorized use o{your Account, we may suspend your credit pnvileges until we resolve the p de em to our sa sfac ion or issue o · stolen, you will promptly destroy all checks in your peuseasidn. To improve customer service and security, you agree that your calls may be monitoredYor° Ur~c~n~,eld If your Card is lost or Merchant Relations, We wilt not be liable if any peruse or Automated Te er Much ne refuses to honor the Card or accep your checks or fails to return the Card t for g?de,a.?d services purchased with the Card or checks except as requ red by aw See Snecial Rule below Cedai~ ~...¢,, ~ ~.. ~ _ _., .... o you We have no responsibility vecoom, we are not reapons~ble for the quality, avadabd~fy, or results of any of the services you choose to use, Stop Payment Orders. If you wish to stop peymen on a check, you may send us a stop payment order by writing to us at our address for customer service listed on your statement. You can make a stop payment order orally by calling the combe s ed on your statement. When you make a stag payment order, you must provide your Accoun number and specific thforma on about the check: the exact amount, tie dota on the check, hanameofthepertytowhomitwespayapfa, thenameofthepersonwhosJgnedit and the check numbe Youwit be asked to coufirm an oral step payment order in wdting. We may disraeard your ora o der if we do not receive a sianed written confirmation within two weeks after he o al of'l , or if we have not received an adoqua e descdpfion of the item so that paymen can be stopped The order will not be effective if the check was paid by us before we had a reasonable opportunity to act on the order. We may, w~thout liability, disregard awr tten stop payment order six months after receipt unless it is renewed in writing ~Sn~nd~a~,~of ~C~a~,~,~,.,B~a~ ~u~.st t hi,s~A~c,c~ n,! inv.?yes bot~ ored' ce d ea~ ch~ck transactions which are processed through separate national s s ems before the examine all items, and we will ~t be nagligen fwe de not do so. This rule establishes the sfandord of oral na~, care which we in good faith will exercise n administadng your Account. Because of our limited review, and because neither your ceaee ed checks nor Card transaction slips will be returned to you with the monthly statamect, you should be careful to enter all checks In fo notif,/us immediately of any unauthorized transactions or errors Waiver of Certain Rights. We may delay or wa ve enforcement of any provision of this Agreement without losing our right to enforce it or a o her provs on a e You waive: the hght to presentment, demand, proteat, or notice of dishonor; any applicable statue of imitations; and any right you may have to require us to pn~e~against anyone before we file suit against you. Applicable Law; Severablllty;, Assignment. No matter where you'live this Agreement and your Account are governed by federal law and by New Ham h~re law This A me you and we wdl consider that prows,orr m(x~fied o conform to app~ cable law, and he es of the provismns in the Agreement will still be enforceable. At any time after we de e m ne n good faith that any proposed or enacted lng s a on, ragulatrsv action, or judic a decision has rendered or may render any material provisions of this Agraemen eyelid or ucenforceab e, or impose any increased tax, reporting requirement, or o her burden in connection with any such provision or its enforcement we m after at least 30 da s no c caeceltheCadandyourCraditnriviU~es Wem~,ftan.,~ ....... :___ · . ., ,. ay, y etoyou, orw hou noticeifpermiftedb law pumhaser or assign., we may ~ve ~/'~ such no~e by ~i~gU~ ~ ~;~n~ir~u [ ~ ~e°~'~t hSf~r~ ~ ~eY, sou~ ~perY.~,~aer ~[(~i ~,~tta~e law ragu.res that you receive notice of such an event to protect th~y w~eO it la~ s~ hicOt~ e,~r ~fcse~a~ rosy~d ,s,h..a. rr..b~_~.~ ~A,w;_h_e~,..d~._ ? t~,,ed,_ i_n th~,m,a!l addrees,ed to },ou at the addrea~ shown on our records, unfass a longer notice peded is s ified n h s A reemeat or r~.~ive it r. ........ ~ ......... ~ ,,.,-,,,,.,= [u us sneer De ma~eo zo our aooress mr customer saw,ce on your statement (or other addresses we may speci~Car~ shall be e~f~ctive when YOUR BILLING RiGHTS - KEEP THIS NOTICE FOR FUTURE USF_ This notice contains im~3rtard information about your dghts and our responsibilifies under the Fair Credit Billieg Act. NatlfyUsl#CaseelErrersorQuestleesAboutYourBill. Ifyou hnky~urbi~~iswr~ng~rfty~ueeedm~reinf~rmatlonap~utanytransacti~n~nyourbi~~'writaus~nasaparafashee~a he address listed in the Billing Righta Summa~j on your b Wdte to us as soon as pess~ble. We must hear from you no later than 60 doys after we sent you he first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter give us the following nforma ion- - Your name and Accoun numpe suspected error -- Describe the error and exp als if '.,ou can w~,,,,,ou be fave "---- ~- ' ...... ' -- - · . - The dollar amoun of the YeurR~gh,t?ertdOu~,R, eepe~#~llltl?A~t,e, rWeR~c~leeYe~rWri~to~Ne#ce Wemus acknewledgeyourfafterw hn30doys, unless we h~e corracted the error by tien, Within BO days confinue fo bill you for the amount you qees On, ncudingfinancechames, and we can o,-.,',~,, an,, un.. ~ ............... _~.. .. .;. .. apo y ' q . . ecan g g, y om~garao rs pay ina parts or your bdl that are cot in qeestiea P y ny qu amount while we If we find that we made a mistake on your bil, you will no have to ~ any finance charge related to any questioned amount. If we ,'lldo't make a mistake, you may have to pay finance charges and you will have to make up the missed peymenta on he queatlo~ amount. In either case, we will send you a stafomen of he amount you owe and he date that il is due. rf you fail to pay tie amount we think you owe, we may report you as delinquent. However if our explanation does not satisfy you and you wdfo to us within 10 days tetlieg us that you still rupee to pay, we taus tell anyouewerepodyou o ha you ueafionyourb And we must tall ~,ou henameofan onewer . us when it finally is. If we don't ~o1~(~ these rules, we can't collect the first $50 of the do~Yticned a mr o~u ~,edevY~Uil ~o uWr ~)ill~ts t celol ~r ~ne we report you to that the maffer has been settled between SpeclalRuleferCreditCardPurchseea. ~fyouhaveapr~b~emwiththequa~ityofthepmperty~rservice¢thatyoupurchasedwith~urcraditcedaed ouhavethed~n ~a prdofamwilhthemerchant you may not have spay beremaloienamoun ~ .... r...^^.~,...,,,~~... Th=~ ...... . _. .. . y ' good ithtocorrec he or ~er~efot'h~r r~ e~c~th aW~th, mo r~ ~eh °mmai~e~t ~,~ ~ teh ian~e(~ismellm~e n~?o? ~ ~ ~)rr.~ym esi hr nsger~ia~cc e~ s, and (bt tie purchase price must have been mete than $~. These Ilmltafious de Pact apply if we own SHERIFF'S RETURN - CASE NO: 2002-03546 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS FELMLEE EILEEN J REGULAR BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FELMLEE EILEEN J the DEFENDANT at 1755:00 HOURS, on the 25th day of July at 16 SINCLAIR ROAD , 2002 MECHANICSBURG, PA 17055 by handing to KELLY HUNTER, DAUGHTER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34 .21 Sworn and Subscribed to before me this ~f day of ,~2~ A.D. ~r~thonofary So Answers: R. Thomas Kline 07/26/2002 PARK LAW ASSOC By: ' D~uty ~e~ri f~f/ VALERIE RoSENBLUTH pARK, ESQUIRE Attorney I.D. ~72094 pARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORI~EY FOR pLAINTIFF 4428471375502902 cUMBERLAND coUNTY cOURT OF cOMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS EILEEN J FELMLEE Defendant NO. 02-3546 p___~ECIPE FOR _0-~DGMEN~_ TO THE PROTHONOTARY: Please enter judgment in favor of the plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: $18,828.24 AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PAYMENTS $3,200.00 $5,352.41 $.00 $27,380.65 TOTAL PLUS cOSTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AI~D IS CALCULABLE AS A sUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". VALERIE ROSENBLUTH pARK, ESQUIRs Attorney for the Plaintiff AND NOW, , ~, judgment is entered in ~ ~ of the~ ...... um set forth in the ' and against the Defendant by Default for ~--~ _~ damages assesse~ in ~ ~ want of an Answer anu = certification. PROTHONOTARY pURSUANT TO THE FAIR DEBT COLLECTION pRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY iNFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VALERIE ROSENBLUTH pARK, ESQUIRE Attorney I.D. ~72094 pARK LAW AssoCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORlqEY FOR pLAINTIFF CUMBERLAND COUNTY COURT OF coMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS EILEEN J FELMLEE Defendant NO. 02-3546 NOTICE O~ pRAECIPE FOR ENTRY OF ~EFAULT JUDG'M~lqT TO: EILEEN J FELMLEE 16 SINCLAIR RD MECHANICSBURG PA 17055-4050 DATE OF NOTICE: 8/20/02 IF~PORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOLTf A HEARING AND YOU MAY LOSE YoUR PROPERTY OR OTHER IMPORTANT RIGHTS- YOU SHOULD TAI~E THIS NOTICE TO A LAWYER AT oNCE. IF YOU DO OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE NOT HAVE A LAWYER ~'~ND oUT WHERE YOU CAN GET LEGAL HELP. FOLLOWING OFFICE TO Lawyer Reference Service CUMBERLAND County Bar Association Cun~berland Co. Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 999-9108, (717)249-3166 pARK LA~ BY: VALERIE ROSENBLUTH pARK, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT.ANY INFORMATION OBTAINED WILL BE USED FOR THAT pURPOSE. EXHIBIT VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. ~72094 pARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR pLAINTIFF cUMBERLAND coUNTYiCOURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS EILEEN J FELMLEE Defendant NO. 02-3546 VERIFICATION OF NON-MILITARY SERVICE coMMONWEALTH OF PENNSYLVANIA: coUNTY OF BUCKS : VALERIE ROSENBLUTH PARK, Esquire, being duly sworn according to law, deposes and says that she will make this affidavit on behalf of the within Plaintiff, being authorized to do so, and that she believes and therefore avers, that EILEEN J FELMLEE, Defendant is over 21 years of age; that his/her place of residence/business · located at 16 SINCLAIR RD, MECHAIqICSBUR? PA 17~050 and that /she is employed and that he/she is not In the ml±ltary or Naval irvice of the United States or its Allies or otherwise within the provisions of the soldiers and sailors civil Relief Act of Congress of 1940 and its amendments. / pARK LAW ASSOCIATES, P/~ BY: ~ valerie Rosenbluth Park Attorney for Plaintiff El0 VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. ~72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CIIMBERLAND cOUNTY COURT OF cOMMON PLEAS PROVIDIAIq NATIONAL B~_NK Plaintiff VS EILEEN J FELMLEE Defendant NO. 02-3546 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: IX] [ ] [ ] [ ] Judgment in [ ] Judgment on [ ] Judgment on [ ] judgment on [ ] Judgment on judgment by Default Money Judgment Judgment in Replevin Possession Award of Arbitration Verdict Court Findings District Justice Transcripts [ ] Judgment on Judgment Note [ ] Judgment on Writ of Revival [ ] Praecipe to Reassess Damages IF You HAVE~NY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number: (215) 348-5200. VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS EILEEN J FELMLEE Defendant NO. 02-3546 PRAECIPE TO MARK JUDGMENT SATISFIED, SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARy: Kindly mark the above captioned matter satisfied upon payment of your costs. PARK LAW ASSOCIATES, P.C. VALERIE ROSENBLUTH PARK, ESQUIRE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.