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Home My WebLink About97-01585 i\ . I ~ < ( ,~ ~ ... ~ J \, ':I 3 stc,t - . Ci~ .... 1 ~ I ~ j :l I ct ~ .i ~ u ~ J I I i I I I I I I I , l).J ! V, I :; (J-, I ,I , C)i ~ ( ~ - . . .' - <:J .", IHlCS PA In the Court of Common Pleas of Cumberland County, Pennsylvania Corestates Bank of De.Laware,NA Plaintiff Civil Action - In Law vs No. q7. 15b'.5 ~-tr., Eric J. Kirman Linda L. Kirman Defendant ARBITRATION COMPLAINT 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 Gppearance personally or by 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 00 SO TilE CASE MAY PROCEED WI'I1lOtrr you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE nns PAPER TO YOUR LAWYER AT ONCE. If' YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 'I1IE OFFICE SET FORni BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 4th Floor 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 124lCS rA II , , In the Court of Common Pleas of Cumberland County, Pennsylvania vs Civil Action - In Law No. 91. I)Po e~ ~-- . , I : I Corestates Bank of Delaware,NA Plaintiff Eric J. Kirman Linda L, Kirman Defendant ARBITRATION COMPLAINT 1. This is an action by Plaintiff, Corestates Bank of Delaware,NA to recover damages from defendants arising out of a debt defendants owe to plaintiff by virtue of a Visa Account 01-15278343. PARTIES 2. Corestates Bank of Delaware,NA is a national bank organized and existing under the laws of the United States with a principal place of business at 3 Beaver Valley Road, Wilmington, DE 19803. 3. Defendant, Eric J. Kirman, is an adult individual residing at 6347 Creekview Road, Mechanicsburg, PA 17055, 4. Defendant, Linda L. Kirman, is an adult individual residing at 6347 Creekview Road, Mechanicsburg, PA 17055. 124lCS PA 11, Pursuant to the Agreement, plaintiff is entitled to its costs of suit incurred in collecting debt owed it by the defendants, WHEREFORE, there is now due and owing from the defendants to the plaintiff the following sums for which plaintiff demands judgment against the defendants: Principal: Interest: as of February 13, 1997 Fees to date: Costs: TOTAL $12182.52 $ 250.93 $ 525.00 $ 235.00 $13193.45 Respectfully submitted, DATED: March 24, 1997 ssociates , \ ,I: :,1',' ti i I!;;. i't':i-I t,', ',,; ; . , ,Ii \;, ,., ! ~ 1 . 11 i _ ,\ '.... ;.j~< j ! " " . ",,' I,r, II .. , 1 I' ,\ I, I ; ! t\ 'i H/ird,. II i , . ,. , II.. i' 1) i / :. ii:~ l' , 1 t '.': : I ~ I: t J,! A ~ 11 ~ 'ilJ! j' . I,:' r i I >.' / I 'J ,1 n : d, ..,! 1 I L ,~. ~ I. tjul:.. .:-.W :'1 II iJ'.,',:-".,1 (! 111 ! j"" . '.1:-',::". I h.'. 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I'. r1J1t?"~t~ ~1!1v#;-- _m_____ Doar New Card member: For your convenience, the disclosure table below contains a summary ol60me 01 thaimportant terms of your Account ANNUAL PERCENTAUE RATE' VARIABLE RATE INFORMATION GRACE PERIOD FOR REPAYMENT OF PURCHASE BALANCE METHOD OF COMPUTING THE PURCHASE BALANCE ANNUAL FEE MINIMUM FINANCE CHARGE TRANSACTION FEE FOR CASH ADVANCES. AND FEES FOR PAYING LATE OR EXCEEDING THE CREDIT LIMIT II an Introductory rale applllA, as 01 February 3, 1995 Ihe Inlroduclory role was 11.9%, tho regular rale was 1i9~o. Your Annual Parcenlage Rale (ArR) may vary. If an introductory reto applies, it will be detormined by adding 2.9% 10 the highest prime rate in eNoc1 on lhe first business day 01 the month, es publlshod In Ihe "Monay Ralas" lable 01 The Wall Street Jouma/lor tho first six months, 8.9% over Ihe prime rate thoreafter. You havo unlilthe paymenl due date to repay your purchase balance belore a llnance charge on new purchases will be imposed. Average Daily balanco (Including new purchases). None, provided the Account IS used for a purchase or cash advanco al least once every twelve monlhs; $20 without such use. $,50 Cash advance lee 2~o of transaclirn (minimum $2, maximum $20) S20" Lola paymenllee Over the credit limilfee $20" . Rales may vary. Rales as February 3. 1995. .. Except in Call1arnia, Colorado, Idaho, Indiana, Iowa, Kansas, Maine, Oklahoma, Soulh Carolina. Ulah and Wyoming, where feos are waived. For lurther In'ormahon call (BOO) B33-3010, 3B93 (001.001.074. 002.001-074) 3/95 lOOK EXHIBIT A I CoreStates Cordial.. Bank 01 Del.w.... HA ACCOUNT AGREEMENT Oolore you use your Card or Chocks, please read this Agreement carefully because by using the Card or Checks. you Will bo agreeing to the enlire Agreement. The words "we~, "our", and "us" mean Core Slates Bank 01 Delaware, NA "You" and "your" mean each person (individually and jointly, II more than one) who is responsible for this Account. "Card" means any Vlsail) or MaslerCardlll) card. "Advance Check" or "Check- means the checks we issue to you. If you ask that a Card be Issued to someone else who has not signed an application lor Ihe Card, you will be liable for all amounts borrowed by use 01 thaI Card. The other person, the authorized user, is also liable lor any obligations he or she incurs by use of the Card. USING YOUR ACCOUNT You may use your Card to purchase or lease goods or services wherever Visa or MasterCard cards ara honored. You may also use your Card 10 obtain a cash advance by presenting your Card at a linanciallnslilution thai honors Visa or MasterCard cards. And you may use your Card lagathar wilh your PIN 10 gel cash al any MAC"', Vise or PLUS Syslem'" ATM. Please remember that your PIN Is like your signature, identifying you as the person entitled to use your Card. It is a personal and conlidential security code and you should take all reasonable procaulions 10 ensure that no one else learns your PIN. We do not promise that everyone will accept your Card and we will not be liable if any merchant or bank does not do so. And, except as otherwise required by law, we will not be responsible for merchandise or services pUfchased through use 01 your Card or Check. Daily limits on usage are Imposed for security reasons. ADVANCE CHECKS You may use your Advance Checks the way you use regular checks; however, you cannot use a check to pay any amount you owe under this Agreement. Each Advance Check we pay will create a cash advance against your Account. We will pay I each Check you write unless: 1. I" paying the Check, your unpaid balance would exceed your creditlimll. 2. You are in default or your right 10 iJse your Account Is cancelled or suspended. 3. The Check is signed by somoane o:her lhan you. , OVERDRAFT PROTECTION II ')Iou have lhl. Borvice and you creale an overdraft in your cOllorod chocking account at a Cora States bank, we will make a cash advance 10 that bank 10 cover tho overdralt. Translors will be made in mulhplos of $100. We can roluse 10 make a transler II: 1,Maklng tho transfer would cause you to oKceod v.our credillimil. 2,Your crodlt card Account Is In delault, 3. Your right to use your credit card Account is cancolled or suspended, REPAYMENT You promise to pay us all amounts borrowed by the use 01 your Card and Checks plus any linance charges and other charges or lees provided for in this Agreement, all payable in U.S. dollars, CREDIT LIMIT We will set the credillimit on your Account and may change it Irom time 10 lime. If you have both Visalll and MasterCardt!') cards, both Cards access the same crodillimil. If your unpaid balance ever eKceeds your credit limit, you agree 10 pay the excess on demand. SCHEDULED PAYMENT The Scheduled Payment shown on your monthly slatemenl - will be Ihe higher of 1I481h ollhe New Balance plus any amounts past due, rounded to a whole dollar, or $20. Of course, if your New Balance is less than $20, then you will pay us only what you owe. You may at any lime pay more Ihan tho Scheduled Payment. II your Account is in good standing and you do make a payment that is grealer than the Scheduled Payment, we will apply the excess 10 reduce the minimum payment due the following monlh. SKIP PAYMENT OPTION We may from time to time permit you to skip the Scheduled Payment for one or more monlhs without penalty. Finance charges wlll conlinue to accrue on the outslanding balance. The next Scheduled paymenl due will be calculated in accordance with the preceding paragraph. FINANCE CHARGE ON CARD PURCHASES No finance charge will be charged on card purchases if you pay your entire New Balance by the payment due dale shown on your monlhly statement. If a hnance charge on purchases is cherged. we liguro Ihe FINANCE CHARGE by applying a monthly poriodic rate 10 tho Purchase Averago Dally Balance. If Ihe FINANCE CHARGE would be loss Ihan S,50. a minimum FINANCE CHARGE of $,50 will be imposod, To calculale Iho purchase Avorage Daily DalancQ, wo take the beginning balanco eDch day (oxcludlng Iho billing dalo 01 the previous cycle and including tho billing dato 01 tho curront cycle), add any new purchases, unpaid lous and unpaid finance charges Oil purchases and cash advances and subtract any paymen1s and credits. This gives us the daily purchase balance. Then, we add all the dally purchase balancss for Ihe billing cycle and divide the tolal by the number of days in the billing cycle. This givos us the Purchase Average Daily Balance. FINANCE CHARGE ON CASH ADVANCES AND ADVANCE CHECKS We figure Ihe FINANCE CHARGE by applying a monlhly periodic rate 10 the Cash Advance Average Daily Balance. The Cash Advance Average Daily Balance is calculated by taking the beginning balance each day (excluding the billing date of the previous cycle and including the billing date 01 the current cycle), adding any new cash advances and subtracting any payments or credits. This glvos us the daily cash advance balance. Then we add all the daily cash advance balances for the billing cycle and divide the tolal by the number of days in the billing cycle, This gives us the Cash Advance Average Daily Balance. Alter you pay your cash advance balance in full, you will receive a final monlhly statement showing finance charges assessed on tho cash advance balance horn Ihe date 01 the previous statement unlil the date your payment Is posted to your Account Finance charges are imposed on Purchases, Cash Advances and Advance Checks from the transaction dale or the first day of the billing cycle in which the transaction Is posled to your Account (whichever is later) or, if the transaction dale Is unavailable. the date the transaction is posted to your Account. ANNUAL PERCENTAGE RATE The monthly rate used In calculating your finance charge and Iho corresponding ANNUAL PERCENTAGE RATE will be a variable rate. This means the rate may change every month on Ihe hrsl day ollhal monlh. Your monthly periodic rate will be 1/12 of the sum of 8.9% (2.9% for any introductory ratc) plus the highest Prime Rate in effect on the firsl business day of the month, as published In tho "Money Rales"lable of Tha Wall Stroot Journal, The rate computed according to this formula will apply to your naxl full billing cycle thai bogins oller tha dala 01 Ihe rale change. To obtain the aclual rate in effect at any time, please call (800)833.3010, An increase in the monthly periodIC rate means you pay a larger Financo Charge and possibly 0 larger monthly Scheduled Payment. LOST OR STOLEN CARD OR CHECKS If your Card or Checks Bro 10Sl or stolon, or il you Of 0 afraid sr}moono may use thorn without your permission, you must nolily us al oneo, Call1olllroa (800) 833.3010 or WIlIo 10 us 01 PO, Bo, 432. Wllminglon, DE 19899.0432, If your Card is usod by an unauthorizod person, you may be liable. but nollor more than S50. You will nol be liable lor any purchases or cash advances made after you have nollllod us 01 Iho los. or Ihall by phona or In wrlllng at P,O, Bo, 432. Wilmington. DE 19899-0432, CREDIT INSURANCE PLAN If you elol:t to lake the credit insurance plan, you should know thai the charges will be billed 10 you on your monthly statement. We will calculate the charges on the ending statement balance. And, an Insurance certificate will be Issued to you, disclosing a complete description 01 benelits. CANCELLATION You may cancel your Account at Bny time by notifying us in writing Bnd returning the Card and any unused Checks cut in half. If you cancel belore you have used the Account. you need not Bcceptthe Account, or pay any fees. If you cancel alter using the Account however, you remain responsible to pay the amount you owe us according to the terms of this Agreement. We can cancel or suspend your Account at any time without prior notice il you misuse the Account, or if thore is a material adverse change in your financial condition. If we ask. you will destroy the Card and any unused Checks by culling them in half and will surrender them 10 us or our agent, or mail them to us. WHAT LAW APPLIES This Agreement will be governed by the laws 01 the United States 01 America and the State of Delaware. BILLING ERROR RIGHTS SUMMARY You, Billing Elro' Rlghta Keep This Notlca'o, Futu,a U.e This notice contains imporlant information about your rights and our responsibilities under the Fair Credit Billing Act. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL If you think your bill is wrong, or il you need more inlormation about a transaction on your bill. write to us on a separate sheot of papor at P.O. Bo, 8920. Wilmington OE 19899,8920. Wlllo to us as soon as possible, We must hoar from you no tator than 60 days aller wo sent you tho first bill on which the orror or problem appeared. You can telephone us, but doing so will not preserve your rights, In your letter, give us the following Information: . VOLlr nome and aCCOLlnt numbor. . The dollar amount of tho suspected error. . Descrlbo tho error and explain, II you can, why you believe thore IS an orror. II you nood more information, dOSCflbe the Item you are not sure 01. II you havo authonzod us to pay your crOOlt card bill automatically lrom.your s.1vlngs or checking account, you can stop the payment on any amount you think is wrong. To stop tho payment your loller must roach us threB business days beforo tho automatic payment is scheduled to occur, YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE We must acknowledge your tetter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent for that amount. We can continue to bill you lor the amount In question, including Finance Charges, and we can apply any unpaid amount against your credit limit. Vou do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parls of your bill that are not in question. 11 we find that we made a mistake on your bill, you will not have to pay any Finance Charges 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 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. I! you laillo pay the amount that we think you owe, we may reporl you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days lelling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name 01 anyone we reporl you to, We must tell anyone we reporl you 10 that the mailer has been settled between us when itlinally Is. It we don't follow these rules. we can', collect the first $50 of the questioned amount, even il your bill was correct. SPECIAL RULE FOR CREDIT CARD PURCHASES I! you have a problem with the quality 01 property or services that you purchased wilh your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the properly or services. There are two limitations on this right. (a) You must have made the purchase in your home state or, II not within your home state, within 100 miles of your current mailing address, and (b) The purchase price musl have been more than $50. Thosa limitations do not apply If wo mailed you the advertisements for the properly or servicos, OTHER CHARGES Subject 10 the slate 8ltCeptions shown bolow, we will add the following 10 your Account as purchases: . A 520 non-refundable Annual Fee il your Account Ii nol used for a purchase or cash advance at 10051 once ovory twelvo months, The 'ee will be charged in Ihe 'lrsl billing cyela fol- lowing the twelfth monlh after your Account was oponod' and thereafter In the same month pach year. . A $3 Advance Check Reorder Fee. . A $20 Returned Payment Fee il you make a payment with a check thai Is returned to U5 unpaid. . A $ 20 Returned Advance Check Fee it we are unable to pay an Advance Check for one at the reasons described in this Agreement. A $20 Ol/Brlimit fee if your balance equals or exceeds an amount 5~o above your approved credit limit on your statement dato. I A $20 Late Fee it you do not make a payment equal to the minImum payment due on your monthly statement on or belorethe 151h day following the due dale. . A $20 Stop Fayment Fee if you ask us to stop payment un an Advance Check. A Cash Advance Fee equal to 2~g 01 the advance (minimum $2,OOlmaximum $20,00) will be charged for each advance posted to your Account. . A reasonable copying fee will be charged il you request duplicates of statements, checks or other ~ocuments, No fee will be imposed if your request Is In connection with a written notice 01 a billing error. CURRENCY CONVERSION FEE On purchases or cash advances made outside the United States. Visa and MasterCard impose a fee equal to a (i) whole- sale market rale or (il) government-mandated rate, plus 1%. for converting foreign currency inlo U.S. dollars. STOP PAYMENT If you do not want 10 pay an Advance Check, you can ask us to slop payment if the Check has not been paid. Your stop paymenl order can be given by phone or mail (8OO.S33'3010 or P,Q. Bo, 8920, Wilmington OE 19899-8920) and musllnclude your Account Number and date of the Check. the name of the payee. and the amount of the Check. We do not have 10 honor any slap payment request unless we have a reasonable opportunity (usually 24 hours) to acl bafore Ihe Check is paid, Your written order will be eflective for 6 months unless you revoke it In writing. If your slap payment order Is given by phone, ills binding on us for only 14 days unless we receive wnllen conhrmalton 01 tho ordor horn you Within that period, We WIll nol be liable in any way lor ony stop paymont requesl that wo honor nor WIll we be Iiablo In any way far our falluro to honor anr such request il we usod ordinary care. STATE EXCEPTIONS late charges. overltmlt charges, returned chock charges ond returned Advance Check charges will not be imposed if your billing address is in California, Colorado. Idaho, Indiana. Iowa, Kansas. Maine, Oklahoma, South Carolina, Utah or Wyoming, DEFAULT You will be in delaultlf you miss a payment, hIe lor bankruptcy or break one 01 your promises under this Agreement or under any other agreement you have with us. You will also be in default il we determine there has been a material adverse change in your financial condition. Delault means we can require immediale payment 01 your entire Account balance. No notice is required. We can also do this il you die or if any other creditor tries to seize your property, COLLECTION COSTS AND ATTORNEY FEES To the extent permitted by applicable law. you agree 10 pay all court costs and collection expenses we actually Incur in collecting what you owe us under this Agreement. If you are In default and we have 10 reler collection to an attorney who is nol our regular salaried employee, to the extenl permitted by law, you promise to pay a reasonable allornay's lee, CHANGE IN TERM~ We can change the terms 01 this Agreement without notice unless notice is required by law. II notice is required, we will send you written notice and give you an opportunity 10 tell us you do not agree to the change. IRREGULAR PAYMENTS/DELAY IN ENFORCEMENT We can accept late payments or partial payments. or checks and money orders marked .payment in luU" or with other restrictive endorsements, without losing any of our rights under this Agreement. We can delay enforcing our rights under this Agreement without losing them. QUESTIONS AND BILLING ERRORS Please let us know right away if you have any questions about any slatemen!. You can write us al P.O. Box 8920, Wilminglon. DE 19699.8920. CHANGE OF ADDRESS II you move. you must give us your new address and phone number. Please write it on the payment stub of your statement so we can change our records. n ,-0 0 , _J -n "'r;i. ::-- ! ",J ",., f' " ;"J lj_~ ,', ,.j .(11 CJ (Ii . , ~~::.. ..., J~i~ .. .~ ~:'~ ~-: r'.) ;, II " r- ,. ~'l ", CD -.;,