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HomeMy WebLinkAbout99-00882 .." ''"' -', .,-~" ~ I QQMPLAINT 1. Plaintiff is a National Banking Association located in Tilton, New Hampshirc. As of January 1, 1998, Providian National Bank was merged into First Deposit National Bank, and the resulting entity took the name Providian National Bank." The account that is the subject of this lawsuit may have been cither a First Deposit National Bank account or a Providian National Bank account prior to the merger, but is now an account of the new" Providian National Bank, which is the plaintiff herein. 2. Defendant is an individual whose address is 40 N, Enola Drive, Enola, Cumberland County, PA 17025. 3, At a specific instance, the Defendant applied for and was granted credit by the Plaintiff at the terms and conditions agreed upon by the parties, as is more specifically shown by the Account Application a.nd Agreement, true and correct copies of which are attached hereto, marked Exhibit A" and made a part hereof. 4. Defendant made purchases and/or received cash advances using said credit. 5, Plaintiff avers that the terms of the Agreement provide for acceleration of the entire balance due and owing upon Defendant's breach of the Agreement. 6, Thereafter, in breach of obligations under the Agreement, the Defendant failed to make paymcnts as they became due. 7, Plaintiff avers that the balance due amounts to $6,318,36, 8, Plaintiff avers that interest has accrued at the rate of 6.00% per annum on thc balance due from November 10, 1998, 9. Per the terms of the agreement, the Defendant has agreed to pay to the Plaintiff as liquidated damagcs, the ~osts of collection, including all reasonable attorneys' fees incurrcd in the collection of monies owing. ::':6 ~PROVIDiAN NlIwlI'ial :, .' '. \.!'~., . . . . '.... ' . . :, ,'., . - . '. ~-' '" . .' -". ':' . .~, 'I'....' \......, 1-;0..... .~... I........J~ "*'-, 1;;;-., .~...... ",;.;r-, 1,....1, ,...-., '....", "....., "....,,//1...... . "" '_" ' '1...,',., Iii<S, ,!~:',.'I"'.'. ,I...)" :..." 1",;,'1. ''''I' "'i" ,,,,'" I..,if. ....', \''';';', ,,,,", ,:...... '....', ',,,,,",, ''''''1,'"",' ~,~'~ ~,~ ~ '~,'~'\~ '!!V',=.~..~.ow ~,'!V"~:J...~ ..",' ,. 1 " ~, '. ~ .. . ." , CAPITAl CASH" Accounl AUflJomenl IDr laurie A 80110n Your Capital Cash ~CCOlUlt (tho "Accounn is a leusable pClSonalloiln lhal allows you 10 accoss your account by writing chncks. In this Agrcemenl. ~you~ and ~your~ mean each pelSon lor whom we havo opened II Capllal Cash Accounl. ~Wo.~ "oUf,~ ~ours.~ iIOd ~us. melln First Doposlt NlIlional8ank or It! assignl!D. YOII may nDt he Illigiblc for an Account if Yllu Dr II memuer of your household already have a cledll ilccount wilh us. Providian Nalional Bank. 01 Plovidian C,edit Services. Inc. The Account rnay be used only for pnrsoflol. family. household. and charilable IIUlpOSl!S. and not for any business 01 commminl pUlpose, Any usn 01 this Account shall conslillllo acceplllOce 01 the terms 01 this Agreement. You and we agree as lollows: Special Requirement of .the ~ccount: Credit Review Program. In order tll keep you Account in oood standing. you agree not to significantly incre8$e the amounl 01 YOUllOlol debt on unseculed rllvolving accounts. We will rnvlew your Accollnlllnd credit profile qU81lcrly 10 evaluate the amount you OWO relative 10 thD alllOUn! 01 your then curren I income, (We consider an increase in debt 01 mOle Ihan $2.000 10 be signilicant. unlm you have sullicientlllcome,l II we dotermine that your Account is not in good standing, your Annual Percentage Role may be increased, Calh Advances. The Accounl is available only with the initiallolln ameunt rcash advance~l. This initial loan amount may include payments that we have made to other lenders on your hehaU in Older to Iransler your othel balances to this Account. checks mailed to you 101 the pUlpose 01 Uanslerring your balances to this Account. and lunds olecuonically transmilled to olher lenders 10 Iransfel balances, However, il you rejeclthe inilial loan amount and have not used fhl! Account. we Will close the Account and you Will have no obligalion. II you fcject the initial IOBn a/OOllnl but have used the AccaunI. we wJlI tlo:Jc the Account and demand immediafe full payment only ot thl! baranco and chalges not mlilled 10 the initial loan amount You /TIAY request additional cash advances by calling tho 101l.lree number lisled nn your monthly statemcnts. Payments. You will receivo a monthly statemenl showing your outstanding balance. You will pay us in U.S, dollars lchecks muSl be payable at aU,S. ollice oi the bank the check is drawn onl at lellst the payment due as shown on YOUI statementlJy Ihe paymenl due dale in accordance with payment instructions on your monthly statemenl. You may nol use your conveni!!nCll checks to make payment! on your Account or to make payment! on any other account you hava with us or our affiliates. The ninirTllm payment due wllI'lOImally be; 2.0% 01 the new balance shown on your statement plus the amount of any past dUB paymenl plus tho amounl by which Ihe new balance elceeds your craditlinE plus fees for certain optional selvices. Howevor, the payment due will nol be less than $15 (unless your new bolance is less Ihan $15. in which case Ihe paymenl due will be the amount 01 the new balancel. II your paymenl is more than the payment due. it will be lreated as a single payrnenl and none 01 il will be applied 10 luture payments due. We may accept late or partial payments. or paymenls mSlked ~paid in lull- or marked with other restrictions. without losing our right to collect all amollnts owing under Ihi. Agreement THE MINIMUM PAYMENT IS ONLY THE REOUIREO PAYMENT. TO PAY OOWN YOUR lOAN FASTER, YOU MAY PAY MORE THAN THE MINIMUM PAYMENT OR YOU MAY SENO EXTRA PAYMENTS AT ANY TIME, Finance Charge. finance charges begin to accrue on a debit when it is included in Ihe daily balance rBa]ance~l and continue untillhe balance is leduced by a payment or cledit. The Balance is Illduced by payments asof the dateleceived. and by credits (excepllor leversals of late and miscellaneous charges) as 01 the date posted, Debits olherthan linancecharges are included in the Balance as 01 the dates Ihel are posted which are as follows: cash advance checks that are identified as cashier's chocks that we mailed to you at your request. as of seven days afterlhe dale we prinl on the check: aU other chec s. as of the date presented to us; funds electronically transmilled to other lenders to lransfer balances. as 01 the date transmitted. Other debils (except lor late. finance. and miscellaneous charges) are included in your Balance as 01 the dale posted. Finance charges are added to your Balance each day and are then posled on the last day ollhe bilJjng cycll!. To ligure the daily finance charge we start with lour plevious day's Balanca. add all debits and sublract all credits 10' the curlenl day (as explained in the paraglaph abovel and multiply the net amount by the daily periodic rate (see following paragraph. The linancecharge is then added to and included in that day'sBal ance. Welmat a credit balance for any day as zero. We determine the total finance charges lor the billing cycle by adding togelher the linance chalge for each day within the billing cycle. To deternino thl! average daily balance shown on YOUI slatement. add each day's Balance (including daily finance charge) in the biUing cycle and divide by the number 01 days in Ihe billing cycle, You can multiply this average daily balance by Ihe number 01 days in the billing cycle and by the daily periodic rate to determine the total amount of your finance charges lor the billing cycle. In calculating finance chalges, an adjustment will be made lor ilny lIansaction or paymelltthat would have affected the finance charge calculation in a prior billing cycle had it been posted in thai cycle. The balance amounts shown on your slatement may diffel Irom the Balancl!s used in cOlT1\luling linanco charges. because the laner do 110t include any late 01 miscellaneous charges which are included in the balances shown on YOUI statement. Thele is no pc,iod within which credtt extended may be repaid wilhout incurling a finance charge. The ANNUAL PERCENTAGE RATEI"APR'" is 23.30%. corresponding to a daily periodic rate 01 ,06384%. If you do not comply with the terms 01 this Agreement YOUI ANNUAL PERCENTAGE RATE IAPRI will be 23.30%. corresponding to a daily peliodic rate nl ,06384%. We leserve the right 10 change the Annual Pe,centage Rate calculations if you do not cOlTlJly with the lerms of this Agreement. Fees. We will charge your Account up to $10 for each billing cycle within which your Account balance meeds your credit limit. (over limitleel even il your Account is closcd. We will charge your Account up 10 $29 lor: each returned payment check; each check you write on your Ar.countthat we return unpaid; each stop payment order or renewal 01 such an oldel; oach billing cycle within which your Account is delinquent !late charge). II you request copies of billing stalements thilt were first sent to you more than three monlhs earlier. we may charge a handling ree 01 $2.00 lor each copy, Default You will be in default: if you were not eligible for the Account at the time it was opened; if you fail to cOlTlJly wilh any pall of tliis Agreement; if any information you gave us proves to be incomplete or lalse: upon your death. bankruptcy. or irlSolvcncy; il you fail to pay othor C:llbts when due; if a bankruptc! petition is liled by or against you; or if we believe in good faith thai you may not payor perform your obligations under this Agreement. On your delault we may. .without lurther demand or notice. cance your cledil pr!vileges. declare your Ac~ounl bal~nce im'!ll!diately due and payable. and invoke any remedy we may have. In the event of your default. the outstandlllg balance on your Account shall continue to accrue IIIterest al the APR(sl disclosed III the Finance Charge seCllOn of this Agleernenl. even If we have sued you to collect the amounl you owe, Credit line. Your credit line is specified from time 10 time in a separale notice. We may increase or dccrease your credilline based on inlormation we oblain from you or your credit records. YOIII avail~b~e credit is normally the difference between your credilline and your Accounl balance (including transactions made or aUlhorized but nol yet posted). If you send us a lalge paymenl check. we may hf!1t your available credit while we conlirm that the check will clear. For certain transactions. available credil may be less. You will not use your Accounl for. and we may leluse to honor. any transaction which would cause you to exceed your available credit. Promise to Pav. You promisu to pay us when due all amounts borrowed when you or someone else use your Account (even if the amounl char~ed exce,eds your permissionl. all olhcr transacfions and charges 10 your'Account. ilnd collection costs we incur including, but nollimiled 10. reasonable attorney's Ices and court costs. !If you win tho sull. we Will pay you, reasonable attorney's lees and court costs,) Changes, We may change any part ollhis Agreemenl or add or renlOve requirements after notice as required by law. If we change the Finance Charges section of this Agreement. the new linance charge calculation will apply to youI whole Acr:ounl balance from the ellective date of the change, whelher or not the balance includes items posted to your Account before the chanQe date and whelher or nol you continue to use the Account. Cantellation of Account. Al any time after at least 30 days notice (0 you. or withoul notice if permilled by law. we may cancel the Account and you.r credit.pr!vileges. II VOUI Account is canceUe~. finance chalges and olher fees will continue to be assessed. payments will continue 10 be due. and all other applicable provisions of this A~reement Will remain In effect. Vou may cancel your, cle~lt privileges by notifying us in writing and paying your enlire statement balance by the payment due dale on the statemenl which includes your fmal checks. cash advances. charges. and fees. You W!!1 stdl be lesponsiblc for paying anyacr.rued lillancecharges. If yourcledil privileges are cancelled you may 11010nger write checks on your Account. and you should destroy any unused checks we have Issued to you. Personallnformalion; Oocumllnts.. You will give us, atleasll0 days noli.ce if yo~ change your na!ne. h~me or ~Iililing a.ddress. t~lephone nu~ers. employment or i.ncome. .You will promptly give us informalion about your financial affarrs if we ask lor It. We may get such 101ormatloo Irom othl!ls. Includmy credtt reportmg agencies. and ~r~vlde yo~r add.ress and 1~!orOlatlOn aboul. your AC,count to others. We mil also share such inlormation with OUI affiliates. HowevP.l 011111<1 wrile 10 us at an time instruct;n us not to Sl~are credlllnlormallon With our affiliates, If you fall 10 fulfIll any III your obligallons un er I IS greement. a negallve cle II report ,e ecllllg on your CIC II recor may I! su mllle 10 cre II reporting agencIes. Customer Service; Unauthorized Use, loss. Dr Theft of Checks. You will saleguard all checks i~sucd to you lrom Ihelt. II y~u discover or suspect thaI any unu,sed ch~cks ~~e lost or stolen, or that there may be an unauthorized transaclion on your Account. you will notily us promptly by telephomng 1.800.964.921~. y~u will phone. even Ihough you may notIfy us.1Il wI.ltlng. so, we can act fasl 10 limit losses and liability, II you report or we suspect unauthorized use 01 your Account. we may suspend your credn pfIVlleges until we resolve the problem to OUI saUslacllnn. To Imllrove customer service and security. yew agree that your calls may be monitored or recorded. S.top Payment Orders. 1/ you wish to stOll payment on a check. you may send us a stop payment order by wriling to us ,at our address fOl customer selvi~~ li~ted on your bill. You can n:'llke a stop payment order orally by calling the number lisled on your slatement. When you make a SlOP paymenl order. yo.u lOOS! prOVIde your Account number an,d speclllc mlo'm8tr~n about the check. the exacl amount. the dale on the check. Ihe name 01 the party to whom it w~s payabl.e. the na'!1e of. the ~er~n who Signed It. and the check nurrwer. You Will be asked 10 conh,nn an or~l stop payment orde, in writing, We ma disre ard our oral order il we do nol receive a 51 ned wrlllen conllrmallon wllhm two weeks alter the oral ordl!r or II you have not adequalely d~scnbcd. Ih.~ Ite~ so lhat paY'!1l!nt can be SIOppl! y OUI computer. II! or ,er WI not. ~ e CCllve 1. t e~. ec was pal y us e ore we a a reasona e oppoltUOlty 10 act on the ordel. We may. Without liabllltV. lllsregard a wrlllen stop payment order ~il lIlonths alter lecetpt unless 1115 renewed III wnlmg, 5851 05ga Z5i'H . VERIFICATION I, Daria Antone, ofProvidian National Bank, Plaintiff herein, verify that the statements of fact contained in the foregoing Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, 4904, relating to unsworn' falsification to authorities. Date ~~~ A lant - Daria Antone Title - Designated Agent Address -P.O. Box 9053 Pleasanton, CA. 94566 4?:>IQ -ffit9 -(1,D3O-401'6 \...(60 \.tonda-t.L~L A - ..II' t" >- C'J '.... cr, is , i lJJ~) (': ':,) 0" " U:C~ 'J.._l. fl.. ~b en .".' I ~ -: . I UJ.-. , ,-",'- u:~~ (J;. ,', I .~.: :.;:-:.:. F-": ~-.: ~'.- 1.1_ (j-, ~ 0 Gl ':.:; ~ ~ . Q. . z " ~ :: . 5 ::.: 0 0 :r. (r. . ;: <( . , z .. . ;oJ Q ( z ~ u 0 ~ 0 ~ :;: = g r.i '" ::.: z '" 0 ~ = ~ >!l li ~ ~ " " ~ = ~ Q. ~ = ~ , ( 0 li Q. u z = ;;J , ~ 0 ;Z . ::.: .-.. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. 1999-882 IN CIVIL ACTION -vs- Plaintiff(s) LAURIE A. BOLTON Defendant(s) AMENDED COMPLAIN'!' CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL O:F RECORD FOR THIS PARTY: James R. Apple, Esq, PA I.D. No, 37942 Charles F, Bennell, Esq, PA I.D, No. 30541 Joel E, Hausman, B.<q, PA I.D, No. 42096 Marylouise Wagner, Esq. PA I.D. No, 61095 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 Fax (412) 682-3138 COMPLAINT 1. Plaintilf is a National Banking Association located in Tilton, New Ilampsllire, As of January], l(198, Providian National Bank was merged into First Deposit Nalional Bank, and the resulting entity took the name Providian National Bank," The accouut that is the subjcct of this lawsuit may have been either a First Deposit National Bank account or a Providian Nat.ional Bank account prior to the merger, but is now an accollut of the new" Providian National Bank, which is the plaintiff herein, 2, Defcndant is an individual whose address is 40 N. Enola Drive, Enola, Cum berland County, PA 17025, 3, At. a specific instance, the Defendant applied for and was granted credit. by the Plaintiff at the t.erms and conditions agreed upon by the parties, as is more specifically shown by t.he Capital Cash Urgency Form & Capital Cash Account Agreement., true and correct copies of which are attached hereto, marked Exhibit A" and made a part hereof. 4. Defendant made purchases and/or received cash advances using said crellit, thcreby acknowledging acceptance of the terms of the agreement. 5, Plaintiff avers that pursuant to the explicit terms of the Agreement provide for accelcration of the entire balance due and owing upon Defendant's breach of the Agreemcnt, 6, Thereaft.er, in breach of obligations under the Agreement, the Defendant. failed to make paymcnts as they became due. 7, Plaintiff avers that the balance due amounts to $6,318.36, 8. Plaintiff avcrs that interest has accrued at the rate of 6,00% per annum on the balance duc from November 10, 1998, 9. Pel' the terms of the agreement, the Defcndant has agrccd to pay to the Plaintiff as liquida.tcd damages, the costs of collection, including all reasona.blc attorneys' fees incl1l'red in thc collection of monies owing. 3 :~~ tlitPROVIDIAN Nntlfu:iaJ ..' ..,. .' ,;'" ..' ~.'.. . .' ,.'~' .. . ' ~. ,,' ., . ~ I"'. . , ... .' \. ' '. . . ,~, ',0:-;, ~~, i......., .;;';,~ .-;;;'''''. ,~, '';-',1,:;'-. ',"'.' '~-" 1;;-., 1"~, '~'I'~' ..t", ~ ..."" ..;,.... ~~' ~ '~ .'~ :~!~j ,It;; .if) I,~j ''!0. . ~ '~ '~' ,It) '~ . ~'~;5; .'~:'j ",:' '. ,,' ".J.. _ ' ~ , " '.., "', _/ .,~. .:;..<' GAPIHL GASH" Account Agrc!lmerJt lor Lourin A Rollon Your Capilal Cash ,mount (Iho -Accounl-) is a /lIusable pefSonalloan thllt allows you 10 access your accounl by wrillnq r.hcck3. In lhis Agreement. ~you- and ~you(' mean oath person lor whom wo havo opon~ a Caphal C,uh Accoun!.. ~Wo,- .-lIur: -ours: and-~s- n11111~ Fim ~Cposlt "'RllonRI Bank or Its lIssiqnoe. You may not be eligiblo lor an Account il YOll or i1 rl'M!nmer of your household aln:ady have a crcdlt account With us. Provldlan NallOnalBank, or Pro'ldlan Credit SCf'ICl!S. Inc. The ^ccollnt may he used only lor personal. family, hou~hold, and charnable purposes. and not for any bUMoss or commelcial pu/poso. Any use of this AccoulII $hall constituto acceplance 01 tho limns ollhlS ^oreemenl. You And wo ngroe as follows: Specf~1 Requlnmont of .thl ~ccDunl: Crldlt Review ~rogr~m. In order 10 keep you Account in Dood standing, you agrce nol to significantly incrcase the amount 01 your lotal debt on unsecured revolving accounts. We wUI review your Accounl and credll prome quarterly 10 evelueto Ihe amount you owo rolalivo 10 Ihe amount of your then current income. (We consider an increase in debt 01 more thall $2,000 10 bo significent, unless you have sullicienl incomo.1 If we dolerrnne Ihat your Account is nO( in good slandiny. your Annual Percentage Rale may he increased. Cash Advances. TIle Account is avnilable only wilh the initial loan amounll"cash advanco-l. This inilial loan amounlmay include paymenls Ihat we have madu 10 olher lenders on your behalf in order to transfcr your other balances 10 this Account. checks mailed to you lor the purpose ,ofuanslerring your balanr.os to .Ihis Accounl. and ,funds eJecflonically transmitted to olher Il!11ders 10 !tansfer balances. Howo~er. if you reject the imtialloan alJllunt and have not useil the Account. we will CIOS8 tho Account and you WIY havo no obligallon. If you reject Ihe initiallolln iJOllunl but have USl!d the ACtDum. we W1P dqja Ihe Acc/lum and demand lf7llft'!diafc tult payment only of the balanco and charges not related 10 Ihe initial loan amtlunl. You llUly requesl a~ditional cosh ::dvancas by calling the lolHree nUlOOetlisted on your roonlhly $tatements. Payments. Yau will receive a monlhly .&tBteuWlnl showing your oUlstanding balance. You wiD pay us in U.S. dollars (checks ITlJst be payable at a U.S. ollicII of the bank Ihe check is drawn onl atleasl Ihe paymet1t due ilS shown on your slatement by Ihe payment due date in accordance with payment instructions on your Illonthly ,Iatement. You lTIay not u.sa yuur convenience cheds 10 make payments on your Accounl or to make paymenu on any other account you have with us or our affiliales. rhe rn'nilOOm paymenl dult will normaUy be: 2.0% of the naw balance shown on your stalement plus the amounl 01 any past due payment plus tho armunt by which the new balance excauds your crodilline plus feas lor cerlain optional sefv1ces. However, the payrmml duo will not be less Ihan $15 lunless your ne~ b~lance is I~ss than $15. in which case the paymml due will blf ~he amounl of the new balancel. !' ~o~r p8y~nenl is more Ihan the plly~t due. 1t will bo lleeted. as a single paymenl and nnne of It wdl be applied 10 futuro payments due. We may accept late or parllal payml!Ots, or paymenls marked paid III full or marked wtlh other reslrlctlons. wllhoullosing out Ilghllo r.o!lect all amounls owing under 'his Agreemenl. THE MINIMUM PAYMENT IS ONLY THE REOUlREO PAYMENT, TO PAY DOWN YOUR LOAN FASTER, YOU MAY PAY MORE THAN THE MINIMUM PAYMENT gR YOU MAY SEND EXTRA PAYMENTS AT ANY TIME. Finance Charge. Finance charges bogin 10 accrue on a debit when it is included in the daily balance rBlllancc~1 and cominue until Ihe balance is reducL'tl by a payment or r.redil. The Balance is reduced by paylTll!Ots as of thl! dale recei\'ed. and by credits l!Jcepl ror reversals of late and nlsceUnneous chargesl as 01 the dale posted. Debits olher than linance charges are included in the Balance as 01 the dates 'hel are posIl!d which are as follows: cash advance ~hecks that ~re identiried as cashier's checks that we mailed 10 you al your request, as of seven days all~r the dote we print ~n Ihe check: all other chec s. as 01 tho datepresenled to us: fundsclectroOlcally lransmltted to other lenders 10 Iransler balllncl!s. as nflhe date transmitted. Other debits (exc!!pt lor lale, finance, and rriscellaneous chergesl arc included in your Balance as of Ihe date posted. Finance charges are added to your Balance each day and arc Ihen posted on the last day ollhe billlOg cycle, To figu/e.the d~ily, finance charge w.e slart with your pre!ious day's Ba!ence, add all dp.biu ~nd subl~act aU credits for the current day las ~xpleined in the paragraph abo,el and multiply the net amounl by Ihe dally pelllldlc rate lsee rollowlOg paragraph). The llOanco charge IS then added 10 and Included 10 that day's Balance. We Ueat a credit balanco fat any day as zero. We determine !he total finance charges for the h~Ung cyelo by adding logethetthe Imance charye for each day within the billing cycle. To deteTltlne the avera'le daily balance shown en your statement. add each day's Balanco (including daily finance chargel in Ihe billing cycle and divide by Iho number of dars in the billing cycle. You can multiply Ihis avelage del y balance by Ihe nunter of days in Ihe bilJilJg cycle and by Ihe daily periodic rate to deteTlt)ne the tolal amount of your finance charges for Ihe billing cycle. In calCtllaling financl! charges, an adjustment will be made fer any lransacllon or paynlCnllhat would have affected the financD charge calculalien in a prior billing cycle had it been pnsted in that cycle. The balance amounls shown on your statemenl may differ from the Balanm used in compuling finance charges. because the laller do not includa any late or miscellaneous charges which are included in the balances shown on your staternent There is no period within which credit e~tcnded may tie rCflaid without incurring a finance charge. The ANNUAL PERCENTAGE RATEt"APR'" is 23.30%. corresponding to a daily peliodic raiD of .06384%. II yuu do not comply wilh Ihe lerms of this Agreement your ANNUAL PERCENTAGE RATE lAPRI will be 23.30%. corresponding 10 a daily periodic rale of .06384%. We mSl!fVe Ihe righllO ctlange the Annual Percentage Rale calculations il you do not co",'y wilh Ihe IOlms of Ihis Agreement. Fees. We will charge your Account up 10 $10 for each billing cycle within which your Account balance exceeds your credit limil, lover limit feel even il your Account is clo.sud. We will charge your Account up 10 $29 for: each lelurned payment check: each check you write on your Accounl thai we return unpaid: each stop piJyment order or renewal of such an order; each billing cycle wilhin which your Account is de~nquent Oale charge). If you request copies 01 bming statements thaI wl!fe lirsl sent to you roore than Ihree months earlier, we may charge a hal1dling fee ot nOD for each copy. Default You will be in defaul!: il you were nOl eligible for the Account al the lin-e il was opened: jf you lail to co~ly wilh any part of this Aglllement; if any information you gavo us proves to be incompletll or falM!; upon your death. bankruptcy. or insolvency: if you fail to pay olhor debts when due; if a bankruptcy pelition is filed by or against you: or if we believe in good faith Ihac you may nOI payor perform youl obligations under Ihis Agreement. On your default we may. without fUrlher demand or nolice. cancel your cledil privileges, declarE! your Account balance immediately due and payable. and invoke any remedy we may have. In the event 01 your dotault. the outstanding balance on YOUf Account $hall continue to accrue interest allhe APRlsl ~isclosed in the Finance Charge section of this Agreemenl, even If we have sued you to collect Ihe amounl you owe. Credit line. Your credit line is specified from time to lime in a separate nOlice. We may increase Of decrease your cfeditline based on informalion we obtain rrom you or your credit records, Your available credic is normally the difference between your credit line and your Account balance lincluding transactions made or authoriled but not yet poSled), If you send IJS a large payma", check. we may limil your available tredit while we confirm Ihat the check wiD clear. For certain lfansaclions. available credil may belen. You w~l nOI use your Ac,ounl for. and we may rcruse to hOrlor. any transaclien Which would cause you to exceed your aVBilable aedit. Promise to Pay. You plomise 10 pay us when due all amounts borrowed when you or someone else use your Account (even if the amount charged exceeds ynur permission), aU olhl!f transaclions and ,harges 10 your Accounl, and collection costs we incur including. but not limited 10, reasonable attorney's fees and court costs. lIf you win the surl. wa will pay your reasonable attorney's fees and court com.l Changes. We may change any part 01 this A!Jreement or add or remove reQu~ements after notice as required by law. If we change ~he FinancG Charges section of Ihis Agreemenl. Ihe new rumnce charge calculation will apply to your whole Account balance horn the effeclive dale ollhe change. whether or not the balance includes llems Dosted to your Account before the channe dale and whether ar not you continue to use the Account. C.ncellatian of Account. Al any lime after at least 30 days notice to y~u. or ~ithout notice if pmmiUed hy law: we may ~a.ncellhe ~ccount and you.r credit, pr!vileges. Jf your Accounl is canceUe~. Iinance charges and othl!f fees will continue 10 be assessed, paymants Will contmue 10 be due. and all olher appltcable prOVISIOns of Ihls Agreement WIll remain to effect. You may cancel your cre~lt privileges by notifying us in wriling and paying your enlire statemen! ba!e~ce by the payment due date on Ihe slate!"ent which includes your final checks. cash advances. charges. and fees. You w~l sUIl be rosponsible for paying any accrued finance charges. If your credit pnvdeges ~re cancelled you may no longer wrlle chf!tks on your Account. and you should destroy 80y unused checks we have Issued to you. Personallnformalion: Oocuments. You will give us. at least 10 days noti.ce if yo~ change your no!OO, h~ml! or r,nailing a,ddress. 1~lephone nu~els. employment or i.ncoOlI!. . You will pro~tlV give us informalian aboul your final1cial affairs il :-ve a~k for It. 'Ne may get sur.h IOformatton .frorn others. IOclu.dlOg. credll ~eportlOg agencies, and ~r~Y1de yo~r address and m!ormallon abou!'your Ac.count to others. We ma also share such informatIOn wrth our affiliates. However au ma write 10 us al an time mstrucfln us nollO share credlllOformallon Wllh our affiliatos. II you fall to fulfill any (If your obligations un er t IS greemen1, a negative cre II report Ie ecuny on your tre II fecer may e su rrwtt to CI II reportlOg agencies. Customer Service: Unauthorized Use, loss. or Theft of Checks. You will safeguard aU wecks issued 10 vou Irom Ihllll. If you discover or suspect that any unu.sed ch~cks ~~e losl or stolen. or thaI therD may be an unaulhorized transaction on your Account. you will notify us promptly by telephoning t.800.964-921~. you will phone. even though you may notlly US.IO wr.llmg. so. we can act fast telimit losses and liabilily. If you repon or we suspecI un~uthorized use of your Account, we may suspend your credIt pnvileges untd we resolve lhe problem to nUl sausfacllon. To I~rove customer service and security, you agrlle Iha[ your calls may ba maMored or recorded. Stop Payment Orders. II you wish 10 stop payment on a check. you lTUly send us a slap payment order by wfiling to us .al our address lor cuslemer servi~~ li~ted on your bill. You can ~ke a stop payment order erally by calling Ihe number 1i5\ed on your stalement. When you make a stop payment order, yo~ IllSS! prOVIde your Account number and 1pCClflc lr\formall~n abuutlhe check. Iho 81<1ct amount, the dale on Ihe check. the name of Ihe party to who'!1 it w~s payabl,e. the na~o of. the ~l!f~n who SIgned II. and the check nu~er. You WIll be asked 10 conll.rm an or~1 stop paymenl order in wriling. We mav dislOllard your oral order if we du not reclllve a $I ned wrlllen conflrmallon wllhlO two weeks afler the ofal Qrder or If you have not adequately d~scnbe~ the Item. so that paYf!lent can be stopped by our compulet. Ihe ord~r Will not.b~ eltectlvo I, I e~, ec was pal y us e ore we a a reasona e oppOrlUnlly to act on the order. We may. wllhout Iiab.fity, dIsregard a wntten stop payment order six months after receipt unless IllS ten&wed In writing. 5851 0598 >- 0 ~ ~ U') 1- :s~ UJ~,? - - (')~ 0-<, '<"" J~)?r Z5! ~ f",::.:j . .- e) ~~~ >- n: Ln *~fJ.2 '"- I --'''''-: -.JtJJ 0.: f,CZ uJ,..u 0:,_ Q.. [DOC 1=: "'" "'-;: -- ~ O'l ::;, O'l U