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HomeMy WebLinkAbout98-00615 ~ . C) ~ ~ ~ '~ - It ~ .Cl ;:: ~, , ~ .... - J I I I I "' " , ~ Q- revolving credit plan agreement. agreement is attached hereto, Exhibit "A". A true and correct copy of said made a part hereof and marked 6. The Defendant subsequently used said credit line and loan account and incurred additional obligations in the sum of $3309.81. 7. Notwithstanding the frequent demands by Plaintiff for payment of the amount due, there has been a failure and refusal by the Defendant to pay the same or any part thereof. 8. In accordance with the terms of Exhibit "A", Defendant agreed to pay the Plaintiff a finance charge on all sums due at an annual percentage rate of 21.90% and Plaintiff is entitled to additional finance charges from 10 NOV 1997. 9. In accordance with the terms of Exhibit "A", Defendant agreed to pay to Plaintiff a reasonable attorney's fee if the account was referred to an attorney for collection, and Plaintiff will incur an attorney's fee in the amount of 661.00. WHEREFORE, in the sum of attorney's fees this action. Plaintiff demands judgment against the $3,309.81 plus interest from 10 NOV of $661.00 for a total of $3,970.81 and Defendant 1997 plus costs of ... MELVYN~ & ASSOCIATES, P.C. BY: JOE I RE 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. :~PROYIDIAN . HI/ill/dill CAPITAL CASU' ACCOUNT AGREEMENT FOR W'~'Y Shove, Your t,pll.1 Cnh .ccounlllh. -Account-lis I reullbl. pMsDoallDan lhat allows you 10 access youl.ceount by willing checks. In ,this Agreement. .you. Ind .you,. nw.n each penon lor whom WI havl oplfl,d. Clpil.1 Cull AccDunt. .WI: .our: .ours: lod .us. mean First Deposit NIUon,1 Oink or IlIusigna.. You may nol bl ebglble for an Account If you or a melTtlet' of your household already hIVe . ,rldit ICCQunt with UI. Provldiln Hlllan.! Bank. Of Plo,idlln CUldil Ser,lces, Inc. Th. Account may bl used only 101 personal, lamly, household, .nd Chllll.bl, purposes. and nollor .ny bus!n.n 01 'COrrrntl'c1111 purpose. Any UI' olll1il Account shall constilut8 .Ctepllnte 01 Ih. terms of Ihls Agreement. You and WII agl18 8. lallows: .' Sptelll Rlqul'lmlnt at thl Account: Cndll RlvllW Pro;rlm. In ordet' 10 keep you Account In good slanding. you aglee nollo significanlly Inc'8ase Ihelmount of your 10111 debl on unsKured ,evolving Iccounls. W. wiD rmlw your Accountlnd credil pfohll quarlerly to evaluall thl lmount you OWl '1lalivl 10 Iho amount 01 your thrm cunent income. me consider In Increase In debl of mofO Ihan J2.00 \0 bl significant, unlln you hive sulliclent Income.l II we dlllermine thet your Account Is nol in good standing. your Annual Percentage Alte may bl InCleased. Cllh Advlnnl. You IT\IY requesl cash advancl checks by calling our loll.hel nurmer lisled on your stalemenl. You may Ilso accen your Accounl by wriling checks. Eech check you wril' on your Accounl " Is treated .. I cuh Idvanc. made when we honor thl check. PlyJlIlnts. You will receive a monthly Sfllement showing your outstanding bllance. You will pay us in U.S. donars {checks IT1Ist be paYlble III U.S. oflice ollhe blnk Ihe check Is drawn ani It Illst thl payment du... shown on your slllement by Ihe paymenl due dal.ln accordanc. wilh payment Instructions on your monthly slalement. You may not use your convenience cheth to make plyments on your Account or to rT'llke plyments on any other account you havl with us or our allllieles. The plymenl dUI will be: 2% 01 the new balance shown on your statement lor 2.2% if an Annual Percenllge Rill Ipplied 10 your lecounlls highilf than 21.9%1 plus tho amaunl 01 any past due plymenl ptus Ihe lmount by which the new balance eueeds lour credit line plus lees for ceflain oplional services. However, the plymant due wiD nOI be less Ihan '15 {unless your new balance Is less than $15. in which case Ihe paymenl due will be the amount 0 Ihl new balancel. We may require I higher minilT1lm payment if your Account is past due or above the credit ~ne, but we will nOlily you bllore doing so. If your payment is more than the paymenl due, It will be treated as a Single paymenland nonl 01 il will be Ipp6ed to future paymenls du.. We mly accept Ille or parUl1 payments, or plymenls marked -paid in lull- or marked with olher restrictions. without losing our ,ight to collect alllmounts owing under this Agreemenl. Flnlnn Cblrgl. Finance chllges beoin to Iccrue on a debit when ills Included in Ihl daily bllance ("Balance-land continue unlil the ballneels ,educed by a plymenl or credil. The Blllncels reduced by payments as of Ih. date received. and by credits IBlcept lor reversals 01 lale and rriscelllneous chllgesl as 01 the dlle posled. Debits olhef thin finlnee charges are included in the Ballnea as of Ihe dltes they Ire posted which ere IS follows: cash Idvance checks Ihat are Identified IS cashler's checks Ihal we mailed to you at your ,equest. IS of seven daIS liter the dale we print on Ihl chetk: all olher checks. IS of the dill presenled to us; lunds elecuonically trlnWlled 10 olher lenders 10 transler balances. IS 01 the dale tllnwlled. Olher debils Blcept lor 1111. linlncl. Ind rriscellaneous chlrgesllfe Includld In your Balanea as 01 the date posled. Finanea charges lie edded to your Bllance each day and Ire then posled on Ihelast dlY 01 the billing cycle. To ligure the daay linance cherge we stlln wilh your previous dlY's Ballnce. IIdd III debils and subuact all credits lor the current day lIS explained in the paragllph Iboveland IT1Illiply the netlmount by Ihe dlily periodic rale lsee lollowing paragraphl. Thelinanea chllge is then added to and included in Ihat day's Bllance. We Ireal a credil bllance lor Iny day IS lira. We delermine Ihe total finanea charges for the billing cycle by Idding logethlf Ihe linance chllge lor each dlY within the bitting cycle. To delermine Iho aVllaie daily bllance shown on lour stltement. add 8Ich day's Ballncl Pncluding daUy linlnce chllgeJ in the billing cycle Ind divide by the nurmer 01 days in Ihe billing cycle. You can ITlllliply Ihis lVellge dli y balanea by the nurmer 0 da~s in the billing cyclelnd by Ihe daily periodic rate to delermine the totallmount 01 lour linance chlrges lor the billing cycle. In nlculaling linlnce cherpes. en IdjuSlment will be made lor Iny Ulnsacllon or paymenl that would hIVe IlIected Iha (inenea chllge cllculation in I prio, bil jng cycle had il been posled in Ihat cycle. There is no period wilhln which credil ellended may be replid wllhoul incurring I finar.ce chllge. The lerm -Prime Rile- IS used in this Agreement melns Ihe highest prime fale published In Thl WIN Street Joufflalon the lirst business dlY 01 the previous celendlf monlh. Any increase or deerelSe in I variable Annual Percenllge Rite will teke ellecl on Ihe linl day 01 your billing cycle Ind may result in a slight increase Of decreese in Ihe amount of your miniroom payment. The ANNUAL PERCENTAGE RATErAPR"II. 21.90%. co""ponding 10 . d.lly periodic ral' 010,06000%, 11 you do not co~ly with the lerms 01 this Agreement your AnnUli PlrcllntlOIl Rite IAPA) will be 23.90%, corresponding 10 I daily periodic ralo of 0,06548%. Fell. We will chllge your Accounl up to '18 for: each ,elurned payment check: each check you write on your Account Ihat we relurn unpaid; elch Slap plyment order or renewal 01 such an order; each billing cycle within which your Account is delinquent Pale chargel. II you request copies 01 bIlling slalements thai were lirsl senllo you more than three monlhs earlier. we may chltge a handling lee of $2.00 lor elch copy. DlflulL You will be In default: if you were nol eliQible lor Ihe Account at Ihe time il WIS opened; if you lail to co~ly wilh eny part of Ihis Agreemenl: If any inlormalion you pavI us proves to be inco~lele 0' lllse; upon your dOllh, blnkruptcy. 0' Insolvency; if you fail to pay olher debls when due; II a bankruptcy pelilion is filed by or Igainst you: 01 if we believe in good fallh Ihat you mlY not pay at perlorm your obligllions under Ihis Agreement. On your delault we may. withoutlullher demand or notice, cancel your credil privileges. declare your Account balance Irrmedialely due end payable, Ind m\loke any llmedl we may hIVe. In the event 01 your default, the outstanding balance on your Accounl shall conlinue to accrue interest et the APRlsl disclosed in the Flnlnce Chlrg' section of this Agreemenl. even I WI heve sued you to collect Ihl amount you owe. Credit L1n,. Your credit line Is specified ham lime to lime in a separale nOlice. We may Increase or decrease your credit line based on informalion we obtain from you or your credit records. Your evailable credilis normally the difference between your credit line Ind your Accounl balancelincluding transaclions made or aUlhorized but nol yel posledl. You will not USI your Account lor. and wa may ,eluse to honor. any uansactlon which would cause you to Blceed your availabla credil. Promllll to PlY. You promisa 10 pay us when due allamounlS borrowed when you or SQmeona else use your Accounlle"n II the lmounl charged nceeds your permission). all olher uansactions and chllges to YOUf Account. and collecllon costs we incur including. but nollimiled to. reasonable allorney's fees Ind courl caSU. III you win the suit. we will pay your relSonable altorney's lees and court coslS.1 Chlnuo. We may changa any pari 01 this Agreemenl or add or remove requirements alter nolice IS required by law. If we changelhe Flnlnce Chlfgn secllon 01 this Agreement, the new linance charge calculalion will apply 10 your whole Account balance horn the effective dale of the change. whelher or nolthe balance includes Items oosted to 'lour Accounl before the chanae dale Ind whelher or nol you conlinue 10 usa the Accounl. Clnclllltlon of AccounL At eny time aller at least 3D days nolice to you. or wilhout notice if permitted by IIW, we may cancellhe Accounl and your credit privileges. If your Account is cancelled. finance charges Ind olher fees will continue 10 belSsessed, paymenls will conlinue to be due, and all other apphcable provisions ollhis Agreement will remain in Ilfecl. You may cancel your c,edit privileges by notifying us in wriling Ind paying your enlire statement balance by Ihe payment due dale on the stalemenl which includes YOUf final checks, cesh advances, charges. and fees. If your credit privileges Ire ClnceUed you may no longer wrlle checks on your Accounl. end you should desuoy any unused checks we have issued to you. Plflonll'nfo,mltloni Documants. You will give us at least 10 days notice iI you change your name. home or mailing address. telephone nurmers. e~loyment or income. You will pro~lly give us Informllion Ibout your linanciallllairs if wllsk lor it. We may qet such inlormalion from others. including credit reporting agencies. and provide your address Ind informllion about your Account to others. Wa may also share such Inlormalion with our elliliales. II you 1111 to fulfill any 01 you, obligalions under Ihis Agreemenl. 8 negative credit report rellecting on your credil record may be submitted 10 credit reporting agencies. Customl' SlIrvlce: Unluthorllld Use. lOll. or neft 01 Checks. You will safeguard all checks Issued to you from thoft. "IOU discover or suspect thlt any unused checks are lost or slolen. 0' that Ihere may be an unauthorized lrlnsaction 00 your Account. you will nOlify us pro~Uy by lelephoning 1.800.964.9212. You wi I phone. even though you may nOlily us in wriling. so we can act fast 10 linillosses Ind liabilily. II you report or we suspecI unaUlhorized use of your Account. we may suspend your credit plivi!eges unlil we resolve the problem to our salisllClion. To il11uove customer service Indsecurily. yOUlgree thai your calls may be monilored or recorded. Stop Plymllnt O,dllfl. If you wish 10 Slap paymenl on a check. you may send us I SlOP payment order by wriling to us al our Iddress for cuslomer service listed on your bill. You can make a stop payment order orally by calhng Ihe nurmer listed on your Slalement. When you make a SlOp payment order. you roost provida your Accounl nurmer Ind specific inlormahon Ibout tho check: the Blacl amount. Ihe dlle on the check. Ihe nlme of Ihe patty to whom it was payable. Ihe name 01 the person who signed il. Ind the check nurmer. You will be Isked to confirm an oral Slap payment order in wriling. We may disre!lard vour 0111 order iI we do not receive a siqned wriuen conlirmation within two weeks alter Ihe oral order or II you have not adequalely described Iha ilem so Ihat payment nn be stopped by our co~uter. Ihe order WIll nOI be elfecllve II the check was paid by us bel ore we had 8 reasonable opportunllY 10 ICt on Ihe order. We may, withoulliabililY. diuegard a wrinen stop plyment order six monlhs aller receipl unless ills renewed in writing. Stlndlfd of CIf.. TllnSlctions in your Account will be processed IDt!chanically without our necessarily reviewing every ilem. Our processing system will caU our altenllon 10 certain items which we will ennine. We w~1 InlTinl III transactions when you repolllhat your checks hIVe been lost or stolen. We do not inlend ordinarily to elamino ell Items. Ind we wUI nol be negligenlll we do not do so. This rule establishes the standard of ordinary care which we in good talth will lIercise in adninislering your Account. Because of our limiled review. and because your clncelled checks will not be returned 1010U with Ihe monlhly Slllernent, you should be carelullo enler all checks in your check register or otherwise keep a record of Ihem. You a ree 10 check . ecord an to nolilv us ororroll'l 01 anv unluthorired transaclions or errors. LAINTIFF'S Wllv., 01 Cllftlin Rlghu. We may delay 0' wlive enforcemenl 01 eny provision ollhis Agreement wilhoullosing our right 10 enforce It Of any olhef provisi P <'EXHIBIT ~::,' d'lTIInd, plOto'" 01 notico of dishonor; ony .pplicobl. .toluto olllnil"ion!; ond ony ,Ighl you may h". ID "qui" us 10 proceed .g.insl onYOnD b.lm w I A 5810 W,~,y Shove, C21,90F I nl, ',I . . . ArPllcabl. law; Slvlrablllty; Anlgnmlnl. No matler where you livlI. this Agleemenl.nd your Accounlare governed by federellaw Rnd by New HlfT1Ishire law. The Agfe!fTll!nt is . linal upreuion' o the IQlItI1lInt between you end us end may nOI be conu,dieted by evidence 01 Iny .lleQed olllagreemenl. AI any limit aller we delernine In good faith that any proposed or Im'tled le~isJ.tion. 'lOulIIOIY .clion, 01 judicial decision hIS rendered 01 may render any material provision ollhlJ Agreement Invalid or unenforceable. or I",OS8 Iny Increased II., reponing requirement, 01 other bUldllf1 in connectIOn with .ny IUch provision or III enlOfCtmtnt, WI may. ,llel Itleasl 30 daysnolic8 10 you, Of without notice if pemilled by law, Clncellhe Cerd IInd your tledlt privilege' .~d declal. YOUf Account. b.l.ncII:rm1tdI.lely due .nd payabl.. IIlny plovlsion 01 this Agreemmtls held to be invalid or unenforceable, you Ind we will consider th'l provision modihed to conlorm to eppfi~eble law, Ind thlrlSl 01 tha provisions in thl Agllement will still bl entolceabla, bUI we will have tharlghllo cancll1 your Account and ded," your balance ilTlt'll!dialely du.. IS provided In the precldlng senlencl. WI may Ir.nster or .sslgn OUf IlqhtlO In Of some 01 youI paymenls. II stall law requires lhal you leCllIve nollce of such .n event to prolecllhe purchase' or asSlgnel, WI may glvI you such nolice by filing . linlnclng slelemenl Wllh the Stili'S Secrelary of SIIII. . Notlcn. DlhM nolices 10 you shan beellecllvl when deposited In Ihe maillddllued to you ettheeddress shown on our recolds. unless I longer noticl period Is specilied In Ihls Agreemenl or by law, which pMlod shan Slalt upon ma~ing. NOllce 10 u. shall be mailed 10 our Iddreu lot customer service on your slllement lot olher addresses we may specify) and shill be elltclive when WI tllCIl1Vft II. Your BIlling Rights.. Kllp This Notln for Futur. U.. This nollcl conl.lns kr4lortant Informalion about your 'ighl' and our responsibilities undet the fBir Credil Billing Acl. NotJIy Us In C," ot Enoll or DUlltlons Aboul Vau, Bill. II you lhink your bill Is wrong, or II you need mare informalion about an enlly on your bill, wrlle us. on I separate sheet. II out Iddress lot customer servlcl hied on you' bin. Wille 10 u. as soon IS po.sible. We IJIJst heir hom you no lale, thin 60 days allet we sent you the Ii"t bill on which Ihe eftor 01 problem appeared. You can lelephonlu., but doing so will not ptese,ve your rights. In you' leller, giv. us Ihe following: . yout name and Account nuntllf . Iha dollar amount of the suspecled ellOf. . Describl thl Ilfrot and IlJpllir.. it you cen why you belieVl thera Is an ellot. II you need more Informallon, desctibe the Item you Ire not SUIl aboul. Your Rlghllud Ou, Rllponllbllltlll Alter We R.celve Your Wrltt.n Notice. WelJlJst acknowledgeyourlelter within 30 days. unless we have cOffecled Ihe ellor by then. Within 90 days, we IJIJst eithM cOlleetlha Mror or elpl.in why we believe Ihe bill was COllecl. Aller we receive your leller. we Clnnot try to collecleny amount you question, Of report you II' delinquent. WI can continue 10 biD you for the lmount you quesllon, Including finance charges. We can apply Iny unpaid amount againsl your credilline. You do not have to pay any queslioned lmount while WB alllnvestfgating, but you ar, slift obligaled to PlY the pallS of yout bill that afl not in que~lion. If we find Ih.1 WI made a Pi.Iake on your bill, you will not hIVe 10 pay .ny finlnce charge telaled 10 eny queslioned amount. If we didn'l make I Pisleke, you may have to pa\finanCe charges, .nd you win hlVB to make up Ihe Pissed payments on the questioned amount. In eilher CISB, we will send you e stalement of Ihe amount you owe and Ihe dall thai It i. due. II you .il to PII the amount we think you owe, we may report you IS delinquenl. However. it our elpl.nalion does not salisly you Ind you write to us wilhin 10 days lelling us that you Slill refuse to pay, we fTllsl te lanlone we report you to that IOU question your bill. And, we IJIJst lell you the name ollnyone we reported you to. We IJIJsllen Inyone WI report you 10 that Ihe mailer hIS been settled belween us when I finally Is. 11 we don't folow lheserules. we can't collect the fint $50 of the queslloned lmounl, even if your bill wes COlleCI. ~ ~ ,g) (:) R ~~' ~ ~~ cl ,""\' \ ~ ~ ~ ~ ~ ~ - ?-U o ~':" ~;, :;J -" I' ~. 1 :..} I ,-) .'1 " ',1 :::-J .i:!} ,-- ,'1"1 ,:J _'l,~ I., , .', ~:.1 -, > )1'11 ,! :J ..: -, r'.' " rv ~ . ~~ and at least ten (10) days p~ior to the date of the Praecipe. A true and correct copy of the notice pursuant Rule of civil Procedure No. 237.1 is attached hereto and ~~ JOEL STEINMAN, ESQUIRE ATTORNEY FOR THE PLAINTIFF NOW, ~ 2-1 , / Cffi t ' Judgment entered favor of the Plaintiff and against tif~ Defendant by Default want of an Answer and damages assessed at the sum of $4,221.03 as above certification. filing of this to Pennsylvania marked Exhibit "AII. AND is for per PURSUANT TO THE FAIR DEBT C THAT WE STATE THE FOLLOWING TO YOU: THIS IS ANY INFORMATION OBTAINED WILL BE USED FOR T TICES ACT, IT REQUIRED ATTEMPT TO COLLECT A DEBT. PURPOSE. JOEL STEINMAN, ESQUIRE Attorney 1.0. #62042 MELVYN S MANTZ & ASSOCIATES, P.C. 25 East State Street (215) 348-5200 Doylestown, PA 18901 ATTORNEY FOR PLAINTIFF PROVIDIAN NATIONAL BANK CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS VS WESLEY SHOVER Defendant NO. 98-615 CIVIL NOT ICE 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: ( X Judgment by Default ( Money Judgment ( Judgment in Replevin ( Judgment in Possession ( Judgment on Award of Arbitration ( Judgment on Verdict ( Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Melvyn e Mantz & Associates, P.C. at this telephone number: (215) 348-5200. PURSUANT TO THE FAIR DEBT COLLECTION THAT WE STATE THE FOLLOWING TO YOU: THIS IS ANY INFORMATION OBTAINED WILL BE USED FOR THAT 4~ I / U -, --- -- -------- ------ T A, IT IS RE IRED ATTEMPT T COLLECT A DEBT. PURPOSE. JOEL STEINMAN, ESQUIRE Attorney I.D. #62042 MELVYN S MANTZ & ASSOCIATES, P.C. 25 East State Street (215) 348-5200 Doylestown, PA 18901 ATTORNEY FOR PLAINTIFF PROVIDIAN NATIONAL BANK CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS VS WESLEY SHOVER Defendant NO. 98-615 CIVIL VERIFICATION OF NON-MILITARY SERVICE Joel Steinman, Esquire, being duly sworn according to law, deposes and says that he will make this affidavit on behalf of the within Plaintiff, being fully authorized to do so, and that to the best of his knowledge, he believes and therefore avers, that WESLEY SHOVER, Defendant, is over 21 years of age; that his/her place of residence is located at 65 BOG SPRING TERRACE NEWVILLE, PA 17241, and that he/she is employed and that he/she is not in the Military of Naval Service of the United States or its Allies or otherwise with in the provisions of the Soldiers and Sailor Civil Relief Act of Congress of 1940 and its amendments. Joel Steinman, Esquire, further understands that false statements made herein are subject to the penalties of 18 Pa.C.S., Section 4904, relating to unewarn faleifi,atian 'a~. ~RE ATTORNEY FOR PLAINTIFF 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.