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HomeMy WebLinkAbout00-04744 -~- ~ ,. " ~ '-:' , " -' " " VALERIE 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROVIDIAN NATIONAL BANK Plaintiff VS. STEVEN P REEDY Defendant NO. tlJ - tf7cfl/ a;J 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 obj ections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. . . * :,1:1 II " I i I I :1 II Ii 'I Ii 'I I' :1 'I 'I I I I I I 'I I I 'I I: I 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#:4310392319300586 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS STEVEN P REEDY 225 MIDDLE RD NEWVILLE, PA 17241-9627 DEFENDANT NO. OV - 4'7 '1'-/ CIVIL ~CTION 1. The Plaintiff, PROVIDIAN NATIONAL BANK, is a national banking association organized and existing under and by virtue of the laws of the United States of America. Plaintiff solicits and maintains consumer credit accounts in Pennsylvania and is the owner of this account, which is the subject matter of this action. 2. The Defendant, STEVEN P REEDY, has a mailing address at 225 MIDDLE RD, NEWVILLE, PA 17241-9627. 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 4310392319300586. 4. The Defendant requested an account, account number 4310392319300586, 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 "AU 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 $10,894.62 as of 02/24/2000, plus pre-judgment contractual interest at the rate of 23.30% 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 $2,178.92. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $10,894.62, plus pre-judgment interest at the contractual rate of 23.30% per annum from 02/24/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,178.92, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT II 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. ~' " . "_J,"_ . < ... . 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 NATIONAL BANK, and against the Defendant in the amount of $10,894.62, plus pre-judgment interest at the contractual rate of 23.30% per annum from 02/24/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,178.92, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: 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, SUE CORRIEA , declare that as of March 27, 2000: 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, in the State of California. ~-' , AI, / P'0, Designated Agent ~"....- - '''I~ 0~PROVJDIAN ~ Financia[ ~~~,,~ ~1j ~".'~'~'.~ ~ ~'~ ......"".,",.,...,.,.,...,.;,.0:.,...,::....::.,............................................ ... . .. .... .. ":j'''':eXHistT ;:;:jj:'.- CAPITAL GASH@ Account Agreement for Steven P Reedy Your Capital Cash account (the "Account") is a reusable personal loan that allows you to access your account by writing checks. In this Agreement, "you" and "your" mean each person for whom we have opened a Capital Cash Account. "We," "our," "ours," and nus" mean First Deposit National Bank or its assignee. You may not be eligible for an Account if you or a member of your household already have a credit account with us, Providian National Bank, or Providian Credit Services, Inc. The Account may be used only for personal, family, household, and charitable purposes, and not for any business or commercial purpose. Any use of this Account shall constitute acceptance of the terms of this Agreement. You and we agree as follows: .........................."...,...,..... ."",.".,.,.,.,.,.,.,.,."..,. .................,..........."...... .,.,.,.,.".".".,.,.,.".,.,. ........................... . .,.,.,.,.". ,.,."..,.,.,.. .,...... ...."....... ..,.". .",.,.. '."'>>:14' Special Requirement of the Account: Credit Review Program. In order to keep you Account in good standing, you agree not to significantly increase the amount of your total debt on unsecured revolving accounts. We will review your Account and credit profile quarterly to evaluate the amount you owe relative to the amount of your then current income. IWe consider an increase in debt of more than $2,000 to be significant, unless you have sufficient incomal If we determine that your Account is not in good standing, your Annual Percentage Rate may be increased. Cash Advances. The Account is available only with the initial loan amount {"cash advance"}. This initial loan amount may include payments that we have made to other lenders on your behalf in order to transfer your other balances to this Account, checks mailed t oyouforthepurpose of transferring your balances to this Accou nt, and funds electronically transmitted to other lenders to transfer balances. HOlrVever, if you reject the initial/aan amount and have not used the Account, we will clare the Account and yau will have na aaligatialJ. If you reject rhe initial/aan amount aut have used rhe A.ccount, we will clase the Account and demand immediate full payment only of the balance and charges not related to the initial loan amount. Yau may request additional cash ad'lances by calling the toll. free number listed on your monthly statements. Payments. Yau will receive a monthly statement showing your outstanding balance. You will pay us in U.S. dollars (checks must be payable at a U.S. office of the bank the check is drawn onl at least the payment due as shown on your statement by the payment due date in accordance with payment instructions on your monthly statement. Yau may not use your con'lenience checks to' make payments on your Accaunt or to make payments on any other accaunt yau have with us ar aur affiliates. The minimum payment due will narmally be: 2.0% of the new balance shown an yaur statement plus the amount of any past due payment plus the amount by which the new balance exceeds your credit line plus fees for certain optional services. Howe'ler, the payment 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 af the new balance). If yaur payment is mare than the payment due, it will be treated as a single payment and none of it will be applied to future payments dUe. We may accept late or partial payments, or payments marked "paid in full" or marked with other restrictions, without losing our right to collect all amaunts owing under this Agreement. THE MINIMUM PAYMENT IS ONLY THE REOUlRED PAYMENT. TO PAY DOWN YOUR LOAN FASTER, YOU MAY PAY MORE THAN THE MINIMUM PAYMENT OR YOU MAY SEND EXTRA PAYMENTS AT ANY TIME. Finance Charge. Finance charges begin to accrue on a debit when n: is included in the daily balance ("Balance") and continue until the balance is reduced by a payment Dr credit. The Balance is reduced by payments as of the date received, and by credits (except far reversals of late and miscellaneous charges) as afthe date posted. Debits ather than finance charges are included in the Balance as af the dates they are posted which are as follaws: cash ad'lance checks that are identified as cashier's checks that we mailed to' you at your request, as af seven days after the date we print on the check; all ather checks. asaf the date presented to' us; funds electronically transmitted to other lenders to' transfer balances, as of the date transmitted. Other debits (except for late, finance, and miscellaneous charges) are included in your Balance as af Ihe date posted. Finance charges are added to' your Balance each day and are then posted on the last day of the billing cycle. To figure the dally finance charge we start with your previaus day's Balance, add all debits and subtract all credn:s for the current day las explained in the paragraph abovel and multiply the llet amount by the daily periodic rate (see fallowing paragraphl. The finance charge is then added to and included in that day's Balance. We treat a credit balance for any day as zero. We determine the tatal finance charges for the billing cycle by adding together the finance charge for each day within the bllHng cycle. To determine the average daily balance shawn on your statement, add each day's Balance !including daily financechargel in the billing cycle and divide by the number af days in the billing cycle. You can multiply this average daily balance by the number of days in the billing cycle and by the daily periodic rate to' determine the total amount of your finance charges far the billing cycle. In calculating finance charges, an adjustment will be made for any transaction or payment that would have affected the finance charge calculation in a prior billmg cycle hall it baen pasted in that cycle. The balance amounts shown an your statement may differ from the Balances used in computing finance charges, because the latter do not include any late or miscellaneous charges which are included in the balances shown on your statement. There is no periad within which credit extended may be repaid withaut incurring a finance charge. The ANNUAL PERCENTAGE RATE("APR") is 23.30%, corresponding to a daily periodic rate of .06384%. If yau do not comply with the terms of this Agreement your ANNUAL PERCENTAGE RATE (APR] will be 23.30%, corresponding to a daily periodic rate of .06384%. We reserve the right to' change the Annual Percentage Rate calculations if you do nat camply with the terms of this Agreement. Fees. We will charge your Accaunt up to $10 for each billing cycle within which your Account balance exceeds your credit limit, (aver limit fee) even if/our Account is closed. We will charge yaur Account up to $29 far: each returned payment check; each check yau write an yaur Account that we return unpaid; each stop payment order or renewal 0 such an arder; each billing cycle within which yaur Account is delinquent !late charge). If you request capies of billing statements that were first sellt ta you mare Ihan three manths earHer, we may charge a handling fee of $2.00 far each copy. Default You will be in default: if you were not eUgible for the Account at the time it was opened; if you fail to' comply with any part of this Agreement; if any informatian yau gave us praves to be incomplete ar false; upan your death, bankruptcy, or insol'lency; if yau fail to' pay other debts when due; if a bankruptcy petitian is filed by ar against yau; or if we believe in good faith that you may not pay ar perfarm your obligations under this Agreement. On your default we may, withaut further demand or notice, cancel your credit privileges, declare your Account balance immediately due and payable, and invoke any remedy we may have. In the event af yaur default, the outstanding balance an your Accaunt shall cantinue to' accrue interest at the APR(s) disclosed in the finance Charge sectian of this Agreement, even If we have sued yau to' collect the amount you owe. Credit Line. Yaur credit line is specified fram time to time in a separate notice. We may increase or decrease yaur credit line based on information we obtain ffDm you ar yaur credit recards. Your available credit is narmally the difference between yaur credit line and your Account balance {including transactions made or autharized but not yet posted). If you send us a large payment check, we may limit yaur available credit while we confirm that the check will clear. For certain transactians, available credit may be less. You will not use your Account for, and we may refuse to' honor, any transactian which would cause you to exceed youra'lailablecredit. Promise to Pay. You promise to' pay us when due all amounts barrowed when yau or someone else use your Account (even if the amount charged exceeds yaur permission), all other transactions and charges 10 your Accaunt, and collectian costs we incur including, but not limited to, reasanable attorney's fees and court costs. (If yau win the suit, we wit! pay yaur reasanable attorney's fees and court costs.) . Changes. We may change any part of this Agreement or add or remove requirements after natice as required by law. If we change the Finance Charges sectian of this Agreement, the new finance charge calculation will apply to yaur whole Account balance from the effective date of the change, whether or not the balance includes items 1I0sted to Your Account before the chanoe date and whether ar nat you cantinueto use the Accaunt. Cancellation of Account At any time after at least 30 days notice to you, ar without notice if permitted by law, we may cancel the Account and your credit privileges. If your Account is cancelled, finance charges and ather fees will continue to be assessed, payments will continue to be due, and all ather applicable provisians of this Agreement will remain in effect. Yau may cancel your credit privileges by notifying us in writing and paying yaur entire statement balance by the payment due date on the statement which includes your final checks, cash advances, charges, and fees. Yau will still berespansible for paying any accrued finance charges. If your credit privileges are cancelled you may no longer write ch ecksan your Account, and yau should destray any unused checks we h aveissued toyau. Persanallnformation; Documents. You will give us at least 10 days natice if you change your name, home or mailing address, telephane numbers, emplayment or income. You will promptly give us information about laur financial affairs if we ask far it. We may get such information from others, including credit reporting agencies, and provide yaur address and information about your Account to others. We mav a so share such information with aur affiliates. However, you may write to' us at any time instructinCl us not to share credit infarmation with our affiliates. If you fail to fulfill any of yaur abllgatlons under thIS Agreement, a negatIve credIt report reflectlllg on yaur credit recard may be submItted to credit reportmg agencIes. CllStomer Service; Unauthorized Use, Loss, or Theft of Checks. You will safeguard all checks issued to you from theft. If yau discaver ar suspect that any unused checks are last or stolen, ar that there may be an unautharized transaction on your Accaunt, you will notify us promptly by telephoning 1-800-964-9212. You will phone, even though you may natify us in writing, so we can act fast to limit losses and liability. If you report or we suspect unauthorized use of your Account, we may suspend yaur credit privileges until we resolve the problem to' our satisfaction. To improve customer service and security, you agree that your calls may be monitored or recarded. Stop Payment Orders. If you wish to' S10~ payment on a check, you may send us a stop payment order by writing to us .at our address for customer servi~~ Ii~ted on your blll. Yau can make a stop payment arder ora"y by camng the number fisted on your statement. When you make a stap payment arder, ya.u muS! proVJde your Account number an.d speCIfIC IIlfarmatc~n about the check: the exact amount, the date on the check, the name of the party to wham it was payable, the name of the person who Signed It, and the check number. Yau Will be asked to confirm an oral stap payment arder in writing. We ma disre ard our oral order if we do nat receive a si ned written confirmation within twO' weeks after the oral order or if you have nat adequately described the item so that payment can be stappe your computer. e or er WI not e e ectIVe lee ec was pal y us e ore we a a reasona e appartumty to act on the order. We may, withaut liability, disregard a written stap payment order six months after receipt unless it is renewed in writing. 5851 0598 Z578 '" ,,;'"' '''~!!r: 1m r:t Jr" 11'["'1";"""'""" "J""""'~""i ',"'"i'''''' ",'i'''''''' ""''''"''~''''''''''''C."" ,ce,' , Y;; """ """ ""'~"""""""""~'"i i - . , Standard of Care. Transactions in your Account will be processed mechanically without our necessarilr. reviewing every item. OUf processing system .will call our atte~tion to certa!" ite~s which we will examine. We will examine all transactions when you report that your checks have been lost or sto en. We do not intend ordinarily to examine all Items, and we will not be negligent It we do not do so. This rule establishes the standard of ordinary care Which we in good faith will exercise in administering your Account. Because of our limited review, and because your cancelled checks will not be returned to you with the monthly statement. you should be careful to enter all checks in your check register or otherwise keep a record of them. You aaree to check vour monthlv statements aaainst your record and to notifv us oromotlv of anv unauthorized transactions or errors. Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision later. You waive: the right to presentment, demand. protest, or notice of dishonor; any applicable statote of limitatIOns; and any right you may have to require us to proceed against anyone before we sue you. AfPlicable Law; Severability; Assignment. No maUer where you live. this Agreement and your Account are governed by federal law and by .NellY Hampshi~e law. The Agreement is a final ex~res~ion o the agreement between you and us and may not bl! contradicted by evidence of any alleQed oral agreement. At any time after we detemune In good faith that any proposed or enacted legislatIOn, regulatory action, or judicial decision has rendered or may render any material provision of thiS Agreement invalid or unenforceable, or impose any increased tax, reporting requirement, or other burden in connection with any such provision or its enforcement, we may, after at least 30 days notice to you, or without !)otice if permitted by law, cancel the Card and your credit privileges and declare lour Account balance immediately due and payable. If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to conform to applicable aw, and the rest of the provisions in the Agreement will still be enforceable, but we will have the right to cancel your Account and declare your balance immedIately due, as provided in the preceding sentence. We may transfer or assign our right to all or some of your payments. If state law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the state's Secretary of State. Notices. Other notices to you sha" be effective when deposited in the mail addressed to you at the address shown on our records, unless a longer notice period is specified in this Agreement or bV law. which period shall start upon mailing. Notice to us shall be mailed to our address for 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. Notify Us in Case of Errors or Questions About YlIur Bill. If you think your bill is wrong, or if you need more information about an entry on your bill, write us, on a separate sheet, at our address for customer service listed on rour bill. Write to us as: SOOI1 as possible. We must hear from 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 wil not preserve your rights. III your letter, give us the following: - your name and Account number. the dollar amount of the suspected error. . Describe the error and explain, if you can why you believe there is an error. If you need more information, describe the item you are not sure about. Your Rights and Our Responsibilities After We Ret:eive Your Written Notice. We must acknowledge your letter 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 delinquent. We can continue to bill you for the amount you question, including finance charges. We cun apply any unpaid amount against your credit 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 amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up the missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you question your bill. And, we muSt tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. ~\ ~ ~ ~ ~& ' ~ ~~ ~ ~ ~ \ \'~ ~ . " ~ ~ 0 CJ c: C) ? -uf." ~ m..~J c: zY] r- :z:C I (j,.' (..) -<:<::: ~CJ :t! )> zO ~.1".,. -0 >c: h' '..~ Z N ::;:l .c:- c) '~ ',:"l-n -.c}O i...),..L, ~.;::, ~ci< (2~.~ (~fn ~ :IJ -< , ,.\" -~ ,-'-- " SHERIFF'S RETURN - REGULAR CASE NO: 2000-04744 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS REEDY STEVEN P SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon REEDY STEVEN P the DEFENDANT , at 2005:00 HOURS, on the 7th day of July at 225 MIDDLE ROAD , 2000 NEWVILLE, PA 17241-9627 by handing to STEVE REEDY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: r~/~ 18.00 8.06 .00 10.00 .00 36.06 R. Thomas Kline Sworn and Subscribed to before 07/12/2000 PARK LAW ASSOCIATES By: ~rn L Deputy She~iff ";}- ,10 day of 'Ju..L~ 2000 A. D . 1~. J pili~rtQYlI [:Pt, me this I ~- '-"> ...,,' " :t'~l--. - --,~,- '",0-""',,,-,,- . "'- ~u..,_._ - "",' -- ~" oC_ _ 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 PROVIDIAN NATIONAL BANK Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. STEVEN P. REEDY Defendant NO. 00-4744 SUGGESTION OF BANKRUPTCY TO, THE PROTHONOTARY: Kindly note that it has beE!n suggested that the Defendant in the above-captioned matter ha~ filed a Petition of Bankruptcy in the United States Bankruptcy Court for. the Middle District of Pennsylvania filed on 07-1?-00, docket #0003123. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF , ~",-,; -'lIIr" ~~, ';;';""':, ilIlIll!~Ji--'-'~ EllliiUlIUUlI IilIIiIiIiI 1- ~ ~"." .~~' , D ~::;.;o ~H~; ~~~.:.~, ~t! ~E., c ?:.~ ~,< '.." ,,; ,I :,,) -;-';' ".., ..~..I I I