HomeMy WebLinkAbout01-03532
VALERIE ROSENBLUTH PARK, ESQUIRE
Attorney I.D. #72094
PARK LAW ASSOCIATES, P.C.
25 East State Street
P.O. Box 1779
Voylestown, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY COURT OF COMMON PLEAS
PROVIDIAN NATIONAL BANK
Plaintiff
VS.
ROBERT J DEMARTYN
Defendant
NOTICE:
NO. 0/ - .JSJ~ Ci()~'l~
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 SOL 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249-3166
(800) 990-9108
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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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#:4217393000440511
CUMBERLAND COUNTY COURT OF COMMON PLEAS
PROVIDIAN NATIONAL BANK
295 MAIN STREET
TILTON, NH 03276
PLAINTIFF
VS
ROBERT J DEMARTYN
21 HOMESTEAD LN
ENOLA, PA 17025-1016
DEFENDANT
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CIVIL tCTION
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, ROBERT J DEMARTYN, has a mailing address at 21
HOMESTEAD LN, ENOLA, PA 17025-1016, .
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 4217393000440511.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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4. The Defendant requested an account, account number
4217393000440511, 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
$6,228.03 as of 04/28/2001, plus pre-judgment contractual interest
at the rate of 23.90% per annum, less payments made.
7. In accordance with the documentation attached as Exhibit "A,"
Plaintiff is entitled to reasonable attorney's fees, and Plaintiff
will incur attorney's fees in the amount of $1,059.00.
WHEREFORE, Plaintiff demands that judgment be rendered in
favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the
Defendant in the amount of $6,228.03, plus pre-judgment interest
at the contractual rate of 23.90% per annum from 04/28/2001 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $1,059.00, less payments made, plus costs and any
other such relief as this Court deems reasonable and just.
COUNT I - ALTERNATIVE
8. Plaintiff hereby incorporates paragraphs 1 through 7 above as
though set forth in full.
9. The Defendant received a monetary benefit, which was in fact
appreciated by the Defendant.
10. The Defendant accepted the benefits.
11. By virtue of the circumstances surrounding the request for
funds made, the Defendant knowingly requested the funds at issue
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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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 $6,228.03, plus pre-judgment interest
at the contractual rate of 23.90% per annum from 04/28/2001 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $1,059.00,less payments made, plus costs and any
other such relief as this Court deemS reasonable and just.
PARK LAW ASSOCIATES, P.C.
BY, t./1 ~
VALERI ROSENB~UTH 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
ORDER FOR SERVICE
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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VERIFICATION
I,
DELORES CHARLES
, declare that: I am
a Designated Agent of PROVIDIAN NATIONAL BANK, the Plaintiff in
this action, and I am duly authorized to make this verification
on its behalf. I have read the foregoing complaint and know the
contents thereof; that the same is true of my own knowledge,
except as to those matters stated on information and belief and,
as to those matters, I believe them to be true. I understand
that false statements herein are made subject to the penalties
of 18 Pa.C.S. Section 4904 relating to unsworn falsification to
authorities.
I declare under penalty of perjury that the foregoing are
true and correct.
Executed at Alameda County, in the State of California.
1.r~
Date
Designated Agent
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PROVIDIAN
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Providian National Bank VISA@ or MasterCard@
Account Agreement for Robert J Demartyn
January 19, 2001
Please review this document and kesp. it with your other important papers. This Account Agreement contain~ the tenns which gqvem your Providian Nation~1
Bank VISA or MasterCard Account (the "Account"). The Account allows you to make purchases by uSing your VISA or MasterCard card Ilhe "Gard)
wherever it is honored and to get cash advances from us or any other participating finanCial institution and from Automated Teller Machines. Convenlehnce
checks may aiso be provided fo you as an additional way to use the Account. In this Aareement,. you' and "your" mean each person for whom we ave
opened a credit card Account. "We," "our," "ours" and "us" mean Providian National Banli or its assignees, as listed on your billing statement. The Account
may t;le used onlY for personal, famIIY,,,Dousehola, and charttable purposes, and not for any business or commercial purpose. Any use of this Account shall
constitute accepfance of the terms of UIIS Agreement. You and we agree as follows:
Payments. You will receive a monthly statement showing your outstanding balance. PaYlT)ent on this Account is required in U.S. dollars (checks must be
payable at a U.S. office of the bank the check is drawn on). for at least the payment due as shown on your statement by the payment due dale iQ accordance
with payment instructions on your monthly statement. The back of your statements shows the rules we follow 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 pay,ments on any other account you have with us or our
affiliates. The payment due will be: 2% of the.n~w balance sliown on your statem~nt plus the amount of any past due payment, am! may include the.amo~nt
by which the new baiance exceeds your credit line. However, 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 of the new balance). If your Account is past due or above lhe crealt line, we may require a higher minimum
payment, but we will notify you before doing so. If yourpaY(Tlenl is more than the payment due it)Nii,l ba treated as a siQgle payment.aQd non~ of itwlll.be
appli.ed to future payments aue. We may acc~ptlate' or paitlal payments, or payments marked 'paid In full" or marked WltIl other restrictions, Without lOSing
our nght to collect all amounts oWing unaer thiS Agreement.
Finan~e Charges., Except as desc,rtbed in the Graqe P~rtod for. Purchase Bal~nce section of this Agreement. finance charges begin to accrl,le on a debit
when It is inciuaed m one of your dally balances. and continue until that balance IS reduced by a payment or cradit. Your Account has the follOWing balances:
The Purchase Balance which consists of your existing Purchase Balance and new purchases you make with your Card and fees for certain optional
services; one or more Custom Cash A<;Ivance Balances. which consists of balances that you transfer to your Account usin~ balance transfer checks and
balances that we transler lOr you; ana me vasn ACN. ance Balance which consists of all other cash advances and cash aavance transaction fees. Any
Ilayment amount we receive that exceeds me' T1nance cna~es ana fees then due will ordinartly be applied first to the Balance with the lowest Annual
Percentage Rate (APR1, until that Balance is zero, and then 0 the Balance With the next lowest APR, until that Balance IS zero, and then to any remaining
Balance. We reserve the rtght to apply payments differently without further notice.
The Purchase Custom Cash Advance, and Cash Advance Baiances are reduced by payments as of the date received, and by credits as of the date posted.
Purchases are included in your Purchase Balance as of the date made. Custom cash advances are included in your Custom Cash Advance Balance as
follows: funds electronically transmitted to other lenders to transfer balances, as of the date transmitted; cheCKS to transfer balances, as of the date
presented to us. Other casli advances are incl~ded in your Cash Advance Balance as follows: cash advances from other financiald'nstitutions and through
Automated Tellers, as of the date made; cash advance checks made payable to you that are identified as cashiers checks an mailed to you at your
request, as of seven days alter the date we prtnt on the check; all other checks, as 01 the date presented to us. Other debits are Included in your Purchase,
Custom Cash Advance or Cash Advance Balance as of the aate posted. Finance charms are added to your Purchase, Custom Cash Advance, and Casli
Advance Balances each day and are then posted on the last day of the billing cycle. There is no grace pertod for custom cash advances or other cash
advances.
To figure the daily finance charge for each fYpe of Balance, we start with your previous day's Balance add all debits and subtract all credits for the current
dey and muitlply the net amount by the applicable daiiy penodic rate (see following paragraphs). The iinance charge for each type of Balance is then added
to and included in that day's Balance. We treat a credit balance for any day as zero. We determine the total finance charges on balances for the billing
cycle by adding together llie finance charges for each type of Balance for each day within the billing cycle. In calculating finance charges, an adiustment will
be made for any tiansaction or payment that would have affected the finance charge caiculation in a prtor billing cycle l'iad it been PQsteu in thaI cycle. The
applicaQle daily pertodic rate for such a transaction will be the rate in effect for the current billing cycle rather than the rate in effect on the date of the
tiansaction.
Your statement includes an average daily balance for each tvoe of Balance. You can multiply each average.deily balance that is not zero by the numbar of
days in the billing cycle and the periodic rate to obtain subtotals,,- and then add the subtotals together to defermine your total finance charges on balances for
the billing cycle. If a cash advance transaction fee Is charged, mat amount is also a finance charge.
The term "prtme Rate" as used in the Agreement means the highest prtme rate published in the Wall Street Journal on the first business day of the previous
~alendar month. Any. increase or decrease iQ the Annual Percentage Rate will take effect on the first day of your billing cycle and may result in a slight
Increase or decrease m the amount of your minimum payment.
The ANNUAL PERCENTAGE RATE (APR) for purchases is 21.9%, corresponding to a daily pertodic rate of 0.06000%.
The ANNUAL PERCENTAGE RATE for custom cash advances is 21.9%, corresponding to a daily pert odic rate of 0.06000%.
The ANNUAL PERCENTAGE RATE for cash advances is 21.9%, corresponding to a daily pertodic rate of 0.06000%.
If we receive your Account payment late 2 or mo. re times in any 6-month ~ertod, on each such occurrence we may increase the APR for purchases up to a
maximum of 23.90% (corresponding to a daily pertodic rate of 0.06548 ~I and increase the APR for cash advances and custom cash advances up to
maximum of 23.90% (corresponding to a daily pertodic rate of 0.06548%). I after you receive the hjgher rates your payments are received on time and you
meet all other tenns of ,this Agreement.for 3 consecutive months, you may contact our Customer Service department and, at your request, we will review
your Account for a poSSible APR reduction.
Grace !,erio~ for Purchase BalanCe. NeYl purch~ses posted to y~r Account in billing cycles with no previoqs balance or when the previous balance was
fully paid d~nng the cycle do not begin to IQcur a fmance charge until the start of the nexrbilling cycle. You Will pay no iinance charge on such new
purchases If you pay the lotal new bijianpa In fuli by the payment due date shqwn pn your stat~ment, New purcliases posted in any other billing cycle incur
a finance charge, and there IS no penod In which such purchases may be repaid WithOUt Incumng a finance charge.
Fees, We may charge your Account $0 for: each Card you ask us to. rwlace; eaqh returT]ed payment; eac~ ch~k you wrtte on your Account that we return
uQP~ld: each stop payment order or renewal 9f ~uch an ord~r. each blllll)g cycle Within which your Account IS delinquent (late charge); and each billing cycle
Within which your balance exceeds your qredlt line (overllmlt fee), ev~n if your Account is closed. If you request copies of billing statements that were Tirst
sent to you more than three mont~s eartler, we may charge a handling fee of $2 for each such copy. If you request that we make a Pile-time lIutomatic
paYf!lent from your personal checking account, we l1)ay c~arge your crealt card ~ccount a fee of $4.95 for each request. This fee is a FINANCE CHARGE,
ana It Will apply regardless of whether funds are available In your personal checking account to make the payment.
We may charge a transaction fee of 3% (minimum $5), which Is a one-time FINANCE CHARGE, on the amount of each cash advance, including cash from
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financial institutions, and ATMs, wire transfers, money orders, lottery tickets, casino gaming chips, and similar transactions.
Default. You will be in default: if any infonnation you provided us ~roves to be inco,l)1plete or untrue; (f .Y04 do not comply with any Pro:t of this Ag~ment;
uR9.n your death, bankruptcy, or insolvency; if ypu qo not pay oth~r eOOts when due; If a bqnkruptcy petition IS fiI~d by or against you; or If we. believe Inlgood
faith that you may not pay or ~rform your oBligations uncer thiS Agreement. If you are In default we may, Wltholit furttier demand or notice, cance your
credit prtvileges, declare your Account balancil immediately. due and payable anq use any remegy we may have. IQ the e~ent of your default, the
outstanding calance on your Account shall continue to accrue Interest at the APR(s) disclosed In the Finance Charges section of thiS Agreement, even If we
have filed suit to collect the amount you owe.
Credit Line. Your credit line is specified from time to time,in a separate, notice. 'your monll1ly statements show y.our qredit line and the a(!l.ount .Of yp~r
available credit We may increase or decreese your credit line based on Information we obtained from you or your credit records. Your available crealt IS
normally the difference between your credit line and your Account balance (including transactions made or authortzed but not yet p,osted). If you send us a
large ~~nt ~eck, we may limit your available credit while we confirm lttat thEl Check will clear. For certain transactions, aV8l1at;lle credit may ba less.
You will not use your Account for, and we may refuse to honor, any transaction which would cause you to exceed your available credit.
Promise to Pay. You promise to ~y us when due all amounts borrowed when you or someone else use your Account (even if the amount charged
exceeds your permission), all other transactions and charges to your Account, and collection costs we incur including, but not limited to, reasonable
attorney's fees and court costs, (If you win the sui~ we will pay your reasonable attorney's fees and court costs.)
Changes. After we provide you any notice f!lCIuired by law, we may change any part of this Agreement and add or remove requirements. If a change is
made 10 the Finance Charges section of this Agreement, the new finance cnarge calculation will apply to your entire Account balance from the effective date
of the change. Changes Will apply to balances that include Items posted to your Account before the date of the change, and will apply whether or not you
continue to use the A'ccount.
Foreign Exchange/Currency Conversion. If you use your Card for transactions in a currency other than U.S. dollarsl..ttJe trimsactions will be converted to
U.S. ilollars, generally using either a (i) government-mandated rate or (Ii) wholesale market rate in effect the day ""fore the transaction is processed,
increased by tIlree percent (.:l%). If a credit is SUbsequently given for a trimsaction, it will be decreased by the same percentage. The currency conversion
rate used on the conversion date may differ from the rate in effect on the date you used your Card. You agree to accept t1ie converted amount in U.S.
dollars.
The Card I. Cancellation. You may cancel your credit prtvileges at any time by. notifying us in wrtting and destroying the Card(s). Upqn the Card e)<piration at
the end 0 the month shown on it, we reserve the rtg~t not to renew fhe Cara. We may cancel the Card and your credit prtvlleges at any time after 30 days
notice to you\ or without notice if permitted by law. 11 your Card is cancelied or not renewed, finance charges and other fees will continue to be assessee,
paymentS wil continue to be due, and all other applicable provisions of this Agreement will remain in effect. If you terminate your credltprtvileges, or if we
cancel or do not renew the Card, you may no longer wrtte checks on your Account, and you should destroy any unused checks we have Issueato you.
Personal Information; Documents. You will provide us at least 10 days notice if you change your name, home or mailing address, telephone numbers,
employment or income. Upon our request, you will provide us additional financial infonnanon. We reserve the rtght to obtain infonnation from others,
inCluding credit reporting agencies ana to provide your address and information about your AccQunt to others. We may also share infonnation with our
affili~tes. However, you may wrtte 10 us at any time Instructing us not to share credit information with our affiliates. If yOU co not fulfill your obligations under
this Agreement, a negative credit report that may reflect on your credit may be submitted to the credit reporting agencies.
Customer Service; Unauthorized Use, Loss or Theft of Checks or the Card. Each Card must be signed on receipt. You are responsible for
safeguarding the Card, your Personalldentifica~on Number ("PIN"di,.which provides access to Automated Teller Machines) and any checks issued to yOU
lrom theft, and keeping yqur PIN separate from your Card. If you scover or suspect that your Card PIN or any unused checks are lost or stolen or filat
there may be an unautllonzed transaction on your Account, you will promptly notifY us by calling 1-800-933-7221. So we can immediately act to Iimi\ losses
and liability". you will phone us even though you may also notify us In wrtting. You will notbe liable for unauthortzed use occurring before you notify us of a
loss or !l1ell If you report or we su~ect unauthonzed use of your Account, we ,may suspend your credit prtvileges until we resolve the problem to our
satisfaction or issue you a new Card. If your Card is lost or stolen, you will promptly destroy all checks in your possession. To improve customer service
and securtty, you agree that your calls may be monitored or recorded.
Merchant Relations. We will not be liable if any person or Automated T elier Machine refuses to honor the Card or accept your checksh or fails to return the
Card to you. We have no fl!!lP.onsiQilitv for gooas and services purchased with the Card or checks except as rEjquired by law. (See "pecial Rule below.)
Certain Benefits that are available With the Account are provided by third-party vendors. We are not responsible for the quality, availability, or results of any
of the seIVlCes you choose to use. . .
Stop Payment Orders. If you wish to stop payment on a check, yoU may send us a stop Pilyment order by wrtting to~s at our address for customer service
listed on your statement. You can make a stop payn:lent Ord. er orally by calling the numlier list.ed on your statement. hen YOU make a stop payment order!
you must provide your Account number and ~ciflc information about the check: the exact amount, the date on the c eck, the name of the paflY to whom i
was payable, the name of theP!lrson who signed it, and the check number. You will be asked to conflnn an oral stop. payment order in wrtting. We may
disregai'd your oral order if we do not receive a signed wrttten confinnation within two weeks after the oral order, or II we. have not received an adequate
descnption of the item so that payment can be stopped. The ordar will not be effective if the check was Pilid by us liefore we had a reasonable opportUnity to
act on the order. We may, without liability, disregai'd a wrttten stop payment order six months after receipt unless it is renewed in wrtting.
Standard of Care. Because this Account involves both credit card and check transactions which are processed through separate national systems before
the tran~action~.,!lre consolidated py us,. anll becaus~ not every check~nd Card slip will be sent to. us, transaqtiqns in yo~r AccouQt will'b~ processed
mec/1ilnlcally WlUIOUt our necessartly reviewing evefY Item. Our processing 9YStem Will call our attention to certain Items Much we Will examine. We will
examln~ all transactions when you ~ort that ypur Card or checks have been lost or stolen. We do not intend ordinartly to examine all items and we will not
be negligent If we do not do so. This rule establishes the stande. rd of ordinarY care which we in good faith will. exercise in administertng your Account
Because of our limited review, and because neither your cancelled checks nor C'ard transaction slip~ will be returned to you with the monthly statement you
should be qareM to enter all checks in your check ~ister or otherwise keep a record of them. You should also save your credit card cash advance and
purchase slips. You agree to check your monthly statements against your record and to notify us immediately of any unauthortzed transactions or errors.
Waivlll' of Certain Rig~ts. We (!lay delay or waive enforcement of any provision of this Agreemenl without losing our rtght to enforce it or any other
proViSion lat~r. You waive: the ~ght to presentment, demanq! protest, or notice of dishonor, any app icable statute of limitations' and any rtght you may
have to require us to proceed against anyone before we file SUI against you. . ,
Appllcah~le Law.;. lileverabiliiy; ~signment. Nq matter where you live, this Agreement and your Account are governed by federal law and by New
. Hamps Ire law. I hiS Agreemen! IS a finai exp'resslon of t~e agreement between you and us and may not be contraCicted by evidence of any alleged oral
; agreement. If any provIsion o! t~IS Agreement is held to Qe Inyalid or unenforceable, you and we will consider that provision m. odified to conform to applicable
; la~, al\d the rest of the proVlslqns .IQ the !\greement Will still ba enforceable. At any, time aft~r .we detennine in good faith thai any groposed or enacted
.legl~lation, ragulatory aCtiOn, or Ndlclal deCISiOn has rend~red or may renper any matenal prpvlslons of this Agreement invalid or unenforceable, or impose
any Incre;lthsectax,.repgrting (eqUlrement, or other burden In connectfon \'IIth.anY such.proVlslon or its enforc~ment, we may, after at least 30 days notice to
,you, orWl out nouce If pennlttecJ by law, cancel the Card and your Credit pnvlleges We may transfer or assign our nght to all or some of your payments If
. s\ate law re~uires that you receive notice of such an event to protect the purchaser or assignee, we may give you sucti notice by filing a financing statement
With the state's Secretary of State.
Notices. Other notices to you shall be effective when deposited in the mail addressed to you at the address shown on our records, unless a longer notice
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PROVIDIAN
period is specified in this Agreement or by law, which pertod 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 abOllt your rtghts and our responsibilities under the Fair
Credit Blliing Act.
Notify Us in Case of Errors or QUSJitions Aboyt Your Bill. If you think ~our bill is wrong or if you neM more information about any transaction on your
bill, write us on a separate sheet, at tne address listed in the Billing Rights -summary on your bill. Wrife to us as soon 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 wili not preserve your
rights. I n your letter, give us the following information: - Your name and Account number. .. The dollar amount of the suspected error. .. Oescrtbe the error
and explain, if you can why you believe There is an error. If you need more information, descrtbe the item you are not sure about.
If you have authortzed us to pay your credit card bill automaticallY from your checking account, you can slop the payment on any amount you think is wrong.
To stop the payment, your letter must reach us three business dilys before the automatic payment is scheduled to occur.
Your Rights and Our Responsibilities After We Receive 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 balieve the Dill was conrect. After we receive your letter, we
cannot try to collect any amount you ques ion, or report you as delinquent. We can continue to bill you for the amount you question, including finance
chargeS, and we can epply any unpaid amount against your credit line. You do not have to pay any questioned amount whne we are investigating, but you
are slill 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 e!5Planation does not satisfy you and you wrtte to us within 10 days telling us that you stili 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 setUed
between us when It finally is. If we don't follow these ruies, we can't coliect the first $50 of the questioned amount, even if your bill was correct.
Special Rule for Credit Card Purchases. If you have a problem with the qualijy of the property or services that you purchased with our credit card and you
have trted in good faith to conrect the problem with the merchant, you may not ~ave to pay the remaining amount due on the goods or services. There are
two limitations on this rt,ght: (a) you must have made the purchase in your home state, or if not within your home state, wimin 100 miles of your cunrent
mailing address; and (hI the purchase prtce must have been more than $50. These limitations do not apply if we own or operate the merchant, or If we
mailed'you the advertisement for the property or services.
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Park Law Associates, P. C.
25 East State Street
P. O. Box 1779
Doylestown, PA 18901
Providian National Bank
295 Main Street
Tilton, NH 03276
VS.
Robert J De Martyn
21 Homestead Lane
Enola, PA. 17025
1. Agreed
2. Agreed
3. Agreed
4.
Contest
5.
Contest
}
}
}
}
}
}
}
}
}
Cumberland County
Court of Common Pleas
Civil Division
No. 01-3532 Civil Term
ANSWER TO THE CIVIL ACTION
The first three (3) pages of Exhibit A, in my opinion are disputable.
Only the last page entitled Member Request Certificate with the
date August 22, 1994 and bearing my Signature is believed to be
part of my contract with Providian Bank. After talking with a
representative of The Commonwealth of Pennsylvania Department
of Banking, I now understand that there are virtually no credit card
laws protecting consumers against banks like Providian National
Bank who come to Pennsylvania because of no credit card laws.
This bank has changed my contract multiple times since 1994 and
said in short, If you don't like it then pay up. The same with the
interest rate.
Although my last payment of $140.00 was late and after receiving
the payment, Providian Bank canceled my card unjustly. From
February of 1997 to August of 2000 (Please see Exhibit "A") I had
made monthly payments totaling over $7300.00. The interest rate
~ . '~_"""~J"_~'__'_. -'1," _ _,_"",,'. o~,-.-. ~?I"'I ,-
,J' ,.q.
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was unjustly high and raised with out good cause (Please see
Exhibit "B") from time to time, but I needed a credit card so I payed
the monthly payments and Providian Bank enjoyed the Interest
income. If Providian Bank would not have unjustly canceled my
card I would still be paying the payments and Providian Bank
would still be enjoying the Interest Income and we would not be
tacking up time in court now.
6.
Contest
Since the credit card was canceled unjustly the amount of
indebtedness should be $5292.35 without additional interest.
In Addition, Providian National Bank has used unreasonable and
unjust ways to charge credid card customers moneys. To prove
this I am now named in a class suit in the Superior Court of the
state of California in and for the county of San Francisco
preceeding No. 4085 In Re Providian Credit Card Cases. The
case was heard by The Honorable Stuart R. Pollak, Judge of The
San Francisco Superior Court and ruled in favor of the Plaintiff
(class members) for $105 Million. EXHIBIT "C"
7.
Contest
If the card was not canceled there would not be any attorney's
fees.
WHEREFORE, Defendant respectfully requests this court to allow Defendant to
repay his reasonable and just debt of $5292.35 in payments reasonable to Defendant's
income and with no accruing interest or court costs involved.
DATE:
~ Ilrl 2.-00 {
~j
Robert J. De Martyn, Pro e
L """,_. ',_ "'7-',:2''!:~'_'0~,''''',;;1\i'",,";_"'"'kc'',''''~'_''~''''_'"'"'!'__','~11I!'1, _ .^,__,>> _n". "".
.,-
,,- ,-
6129101
Num
687
701
718
735
746
764
783
798
814
1025
1069
1000C
Date
2/16/97
3124/97
4117/97
5/18/97
6/25/97
7/24/97
9/8/97
10/8/97
11/14/97
2/19/98
411/98
1/3/98
GRAND TOTAL
Num
1025
1069
1072
1087
1103
1118
1137
1144
1154
1174
1000C
Num
1192
1194
1215
1247
1257
1276
1295
1300
1305
1332
1347
1363
1372
GRAND TOTAL
GRAND TOTAL
Date
2/18/99
2122199
3/12/99
4/23/99
5/8/99
6/21/99
8/1/99
8/18/99
912/99
10/14/99
11/11/99
12/20/99
1/18/00
Payee
Providian National Bank
Providian National Bank
Providian National Bank
Pravidian National Bank
Providian National Bank
Providian National Bank
Providian National Bank
Providian National Bank
Providian National Bank
Providian National Bank
Pravidian National Bank
Pravidian National Bank
Date
2/19/98
411/98
5/9/98
6/10198
7/9/98
8/15/98
9126198
10/18/98
11/24/98
12120198
1/3/98
Payee
Pravidian National
Pravidian National
Providian National
Providian National
Pravidian National
Providian National
Pravidian National
Providian National
Providian National
Providian National
Providian National
Payee
Pmvidian National
Providian National
Providian National
Providian National
Pravidian National
Providian National
Providian National
Providian National
Providian National
Pravidian National
Providian National
Pravidian National
Providian National
EXHIB;t:T "~A"
~
Account Balance History
. All Accounts
Account
OLD Check Banking
OLD Check Banking
OLD Check Banking
OLD Check Banking
OLD Check Banking
OLD Check Banking
OLD Check Banking
OLD Check Bankin9
OLD Check Banking
New Checking Account
New Checking Account
Temperary Checking
Account
New Checking Ace
New Checking Ac<
New Checking Ac<
New Checking Ac<
New Checking Ac<
New Checking Ac<
New Checking Ace
New Checking Ac<
New Checking Ac<
New Checking Ac<
Temperary Checki
Account
Keystone Finical
Keystone Finical
Keystone Finical
Keystone Finical
Keystone Finical
Keystone Finical
Keystone Finical
Keystone Finical
Keystone Finical
Keystone Finical
Keystone Finical
Keystone Finical
Keystone Finical
Num
1395
1415
1433
1458
1494
1515
1528
GRAND TOTAL
us...
2/18/00
312210O
4/20/00
5/16/00
71810O
8/14/00
8130/00
!'ayee
Providian National
Providian National
Providian National
Providian National
Providian National
Providian National
Providian National
ACcOum
M&TBank
M&TBank
M&TBank
M&TBank
M&TBank
M&TBank
M&TBank
CategOry
Credft Card: Monthly Payment
Credft Card: Monthly Payment
Credft Card: Monthly Payment
Credft Card : Monthly Payment
Credft Card: Monthly Payment
Credit Card: Monthly Payment
Credft Card : Monthly Payment
CredftCard:MonthIyPa~
Credit Card: Monthly Payment
Credit Card : Monthly Payment
Credft Card: Monthly Payment
Credft Card : Monthly Payment
CategOry
Credft Card: Mont
CredftCard:Mont
Credft Card: Mont
Credft Card: Mont
Credit Card : Mont
Credft Card : Mont
Credft Card: Mont
Credft Card: Mont
Credft Card: Mont
Credft Card: Mont
Credft Card: Mont
Category
Credft Card: Mont
Credft Card : Mont
Credft Card : Mont
Credft Card : Mont
Credft Card: Mont
Credft Card : Mont
Credft Card: Mont
Credft Card: Mont
Credft Card : Mont
Credft Card: Mont
Credft Card : Mont
Credft Card: Mont
Credft Card: Mont
\;ategOI'Y
Credft Card: Mont
Credft Card: Mont
Credft Card: Mont
Credft Card: Mont
Credft Card: Mont
Credft Card: Mont
Credft Card: Mont
Amount
(120.00)
(400.00)
(200.00)
(150.00)
(lSO.00)
(lSO.00)
(150.00)
(100.00)
(150.00)
(200.00)
(200.00)
(200.00)
(60.00)
Page 1
Amount
(35.00)
(400.00)
(35.00)
(SO.oo)
(SO.OO)
(100.00)
(160.00)
(70.00)
(100.00)
(lSO.00)
(400.00)
(200.00)
._ (1,7SO.00)
Amount
(lSO.00)
(400.00)
(250.00)
(200.00)
(200.00)
(250.00)
(200.00)
(200.00)
(200.00)
(200.00)
(200.00)
(2,450.00)
','J'X"1"'- ". '-~""'-"''C' ..j,""1"1.,_,_, "',_ _ -_,_,,,,.,_,,,,,,,,~ ~''''~I!"'!b,,-,,_ ,~_~~ ,_ "_'~,'._.'~_" .' > ",_ ~_
MESSAGES FROM VISA GOLD
1j"~";k.",,,,,",~.II'-
THANK YOU fOR YOUR BUSINESS.
---- -- -~-
,',-- ,-', .-- .__._-~- ,"~--<-~..._-,..-- ,~,-~._-
...
- - ------'--
TRANSACTIONS
Post Date Descriotlon
01-13 pAVlIENT RECEIVED -- THANK YOU
01-20 AOLlOSEIlVIt:E 01')8 BOO-B27-63" VA
Transaction Date
01-13
n-n
Amount
200.00 py
1'1.'15
ACCOUNT SUMMARY CUSTOMER SERVICE PHONE NUMBER PAYMENT INFORMATION
Previous Balance $4,135.52 1-800-766-4188 NEW BALANCE $4,&45.29
. Credits .00 credit Une $5,BOO
!
. Payments 200.00 Available Credit S354
+ Purchases & _ Number 4211 3930 0044 OS11 Minimum P~ $93.00
other Charges 19.95 Payment Due Date lI2I21l9B
+ cash Advances .00
+ FINANCE CHARGE 19.82 Average ANNUAL Daily Statement Dote
+ Late Charge .00 TlIPe of Balance Dally PERCENTAGE Periodic 01/21/98
= NEW BAlANCE $4,&45.29 Balance RATE Rate
Purchase $3,955,14 21.90% .0600% 32 Days In
cash Advance $122.46 21.90% .0600% Billing Cycle
000000lI00 1554 1519
LME$sA.GES FROM VISA GOLD
TRANSACTIONS
THANK YOU FOR YOUR BUSINESll,
Post Date
02-03
02-04
02-09
02-19
02-20
02-23
02-23
DescrlDtIon
ECKERD DRUG 86230 CAIIP HILL pA
INTUIT "INTUIT 800-523-03'17 CA
LOWE'S 11405 NECHANICBURG pA
AM CENTIlAL PENN-II CAIlP HILL PA
AOLltSERUlCE 0298 800-827-6364 VA
pAVlIENT RECEIVED -- THANK YOU
HARDING S CAllI' HILL pA
Transaction Date
02-01
02-03
02-06
02-18
02-1'1
02-23
02-20
Amount
24.10
26.45
20.94
10.00
19.'15
lSO.OO PV
~3.4~
ACCOUNT SUMMARY CUSTOMER SERVICE PHONE NUMBER PAYMENT INFORMATION
Previous Balance $4,&45.29 1-800-766-4188 NEW BAlANCE $4,150.34
. Credit. .00 Credit Une $5,BOO
. Payment. 150.00 Available credit $249
+ Purchases & _ Number 4211 3930 0044 OS11 Minimum payment $105.00
ather Charge. 1_ Payment Due Date 03I22I9B
+ Cash Advances .00
+ F/NANCE CHARGE 90.19 Average ANNUAL Dailll Statement Date
+ Late Charge .00 TlIPe of Balance Daily PERCENTAGE Periodic 02I25I9lI
= NEW BAlANCE $4,150.34 Balance RATE Rate
PurcI1aSe $4,028.29 23.80% .0655% 29 Days in
Cash Advance S121.46 23.90% .0&55% Billing Cycle
??0oooooo 1554 0184
....." r"..__.~._ '"n ...n.."...,,,... ...en,,,,"T',,,, ,on D"'C~<~ <:In,
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- - ,-
Robert J. Demartyn
21 Homestead Ln.
Enola, PA 17025-10 16
1..,111,,,111,,,,,1,1.1,1,,,,1111,,,,,,11,11,,,,1,1.,,11.1,,11
June 13, 2001
Acct. 1/ 4217-3930-0044-0511
Dear Robert J. Demartyn:
EXHIBIT "e"
,
Providian's recorc1s show that you may be entitlec1 to receive money and/or other
benefits under a proposed class action settlement. PLEASE READ THE ENCLOSED
NOTICE CAREFULLY. IT IS NOT A SOLIC]TATI0N. A CLAIM FORM IS ENCLOSED,
IF APPLICABLE.
Our records indicate that you qualilY for the following Claim Types:
1
Claim Types are described in the enclosed Notice.
Claim Type 4 may require submission of a claim form. Claim Types 1, 2, and 3
do not require submission of a claim form.
The enclosed Notice details your rights, the claims process, and how to get more
infonllatiOI1.
THE STURDEVANT lAW FIRM
A Professional Corporation
James Sturdevant
475 Sansome Street, Suite 1750
San Francisco, CA 94111
FINE, KAPLAN & BlACK
Roberta Liebeuberg
Suite 2300
1845 Walnut Street
Philadelphia, PA 19103
DATED: APRIL 20, 2001 BY ORDER OF THE
HONORABLE STUART R. POllAK, JUDGE OF
THESANFRANC~COSUPlliUORCOURT
SI USTED DESEA OBTENER UNA COPIA DE ESTE
DOCUMENTO LEGAL EN ESPANOL, FAVOR DE
ACTUAR INMEDIATAMENTE Y ESCRIBIR A:
Providian Settlement
P.O. Box ]93827
San Francisco, CA 94119-3827
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SUPERIOR COURT OF THE STI\TE OF
CALIFORNIA IN AND FOR THE COUNTY
OF SAN FRANCISCO
NOTICE OF CLASS ACTION SETTLEMENT
Judicial Council Coordinated Proceeding No. 4085
Jr, Re Providian Credit Card Cases
)
)
)
TO ALL MEMBERS OF THE
FOLLOWING CLASS:
Any consumer who had one or more credir card or Capital
Cash accoums wirh Providian Narional Bank or Providian
Bank ar any time between March 19, 1995 and December
14,2000, and was assessed a fee, interest, finance charge or
other char~e, or responded ro a "Real Check" coupon (rhe
"Class" or 'Class Member").
PLEASE READ THIS NOTICE CAREFUllY.
IT IS NOT A SOUOTATION.
This Notice advises you of a proposed senlement of cenain class
action lawsui", in which you may be a Oass Member and of a
coun hearing on rhe proposed settlement (the "Senlement"). The
settlement fund includes $105 milliou of cash, credits and other
benefi",. Most Class Membets do not need to do anything to
receive benefits from the Setdement. However, some Class
Members can choose either services or cash. and must indicate
their choice on a claim form if they prefer cash. Also, for some
Class Members a claim form is required to establish the basis for
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ROBERT J DE MARTYN
21 HOMESTEAD LANE
ENOLA, PA 17025
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CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
PROVIDIAN NATIONAL BANK
295 MAIN STREET
TILlTON, NH 03276
VS.
No. 01-3532 CIVIL
CERTIFICATE OF SERVICE
I, hereby certify that I have this date, served a copy of the aforementioned
Answer to the Civil Action on the following person and in the manner indicated below:
SERVICE BY FIRST CLASS MAIL
ADDRESSED AS FOllOWS:
Valerie Rosenbluth Park, Esquire
PARK LAW ASSOCIATES, P.C.
25 East State Street
P. O. Box 1779
Doylestown, PA 18901
(ATTORNEY FOR PLAINTIFF)
Date: ~ I rl (Oc, I
,
21 Homestead Lane
Enola, PA 17025
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-03532 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PROVIDIAN NATIONAL BANK
VS
DEMARTYN ROBERT J
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
DEMARTYN ROBERT J
the
2001
, at 1100:00 HOURS, on the 29th day of June
DEFENDANT
at 21 HOMESTEAD LANE
ENOLA, PA 17025
by handing to
ROBERT DEMARTYN
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
18.00
6.20
.00
10.00
.00
34.20
Sworn and Subscribed to before
me this If! ~ day of
q,;, .. .:lbal .
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So Answers:
r~ ~-~~~
R. Thomas Kline
07/02/2001
PARK LAW ASSOCIATES
By:
/~~{
. .
MAR 2 1 20023>
, . -( \
. VALERIE ROSENBLUTH PARK
ATTORNEY I.D. # 72094
PARK LAW ASSOCIATES, P.C.
25 EAST STATE STREET
DOYLESTOWN, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
CUMERLAND COUNTY COURT OF COMMON PLEAS
PROVIDIANNATIONAL BANK
Plaintiff
VS
ROBERT J. DEMARTYN
Defendant
NO. 01-3532 CIVIL TERM
ORDER
AND NOW, to wit, this
>>,J.
day of
(flJ...
, 2002,
upon presentation of the attached Stipulation and Settlement Agreement
on behalf of PROVIDIAN NATIONAL BANK, the Plaintiff, and Robert J.
Demartyn, the Defendant, the Stipulation and Settlement Agreement is
hereby approved and made an Order of the Court.
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VALERIE ROSENBLUTH PARK
ATTORNEY I.D.' # 72094
PARK LAW ASSOCIATES, P.C.
25 EAST STATE STREET
DOYLESTOWN, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY COURT OF COMMON PLEAS
PROVIDIAN NATIONAL BANK
Plaintiff
VS
ROBERT J. DEMARTYN
Defendant
NO. 01-3532 CIVIL TERM
STIPULATION AND SETTLEMENT AGREEMENT
AND NOW, this 2ii day of Jfa.1'r;J, 2002, this stipulation is
between Robert J. DeMartyn, the Defendant and PROVIDIAN NATIONAL BANK,
the Plaintiff, and all parties hereto have consented to this
Stipulation and the parties agree as follows:
1. Defendant will pay the sum of $5,582.42, plus interest at the
rate of 6% per annum and court costs.
2. The first payment of $150.00 is to be received on or before
April 1, 2002;
3. Thereafter, Defendant will pay this office the sum of $150.00
on or before May 1, 2002, and on the same day of each month
thereafter until Defendant's obligation including interest and
costs has been paid in full, at which time, Plaintiff will file a
Praecipe to have this matter marked as settled and discontinued,
with prejudice.
4. Defendant will make his checks/money orders payable to Park
Law Associates, P.C., attorneys for PROVIDIAN NATIONAL BANK,
and mail all checks/ money orders to:
PARK LAW ASSOCIATES, P.C.
25 E. STATE ST. P.O. Box 1779
DOYLESTOWN, PA 18901
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5. Time shalL be of the essence so that in the event Defendant
does not'make any of the requested payments in a timely manner,
this Stipulation shall be deemed to be in default and plaintiff
may proceed to file judgment against Defendant for the balance
due as stated in the civil action complaint including interest
attorney's fees and Court Costs upon the CONDITION that Defendant
does not cure the default within thirty (30) days of written
notice being sent to the following: Robert J. DeMartyn, 21
Homestead Lane, Enola, PA 17025.
Park Law Associates, P.C.
~--
BY:
Valerie Rosenbluth Park,
Attorney for Plaintiff
Esquire
Mid Penn Legal Services '
Robert J. DeMartyn hereby acknowledges that I have received a
true. and correct copy of the Stipulation, ratify same, have had
opportunity to consult an attorney, and execute this Stipulation
willingly, and knowingly, thus that it shall be made an Order of
Court.
K~}~
Defendant
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
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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
ROBERT DEMARTYN
Defendant
NO. 01-3532
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.
BY:
VALERIE ROSENBLUTH PARK, ESQUIRE
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