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Home My WebLink About99-02258 . ;:)ft ...1,.,.,_":"'" 3>',; " "Ii:,'"" .' COMPLAINT 1. Plaintiff is a National Banking Association located in Tilton, New Hampshire. As of January I, 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 either 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 16 N. 27th Street, Camp Hill, Cumberland County, PA 17011. 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 and 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 payments as they became due. 7, Plaintiff avers that the balance due amounts to $4,650.11. 8. Plaintiff avers that interest has accrued at the rate of 18.49% per annum on the balance due from December 30, 1998, 9. Per the terms of the agreement, the Defendant has agreed to pay to the Plaintiff as liquidated damages, the costs of collection, including all reasonable attorneys' fees incurred in the collection of monies owing. 3 ;ii' .11i1~PROVIDIAN ~ -' filltllwi,,1 '~ .. '~ . ~ ' ": . . : . . . . . . . " . , "ti";, !i"'i ii"'j' ","j ~:'~ ~:'~i ~"'~ l~:'i ~"j I~") '~"" ~'> ~') .r",. ~" ~'i ~ j' ~"i ~'j Provldran Nallonal Bank VISA~ or MllterCarct1l Accounl Account Agleemonl fot Fred W Slaley Please rwteW If lIS Oocumenl and keep II wllh your olher Imperlanl papc~ This Ac.counl Agreemenl conlalns the terms whIch aovetn you, Provldlan Nahonal Bank VISA or MaslerCald Account (the 'Account') The Account allows you to make purchases by using your VISA or MasterCard COld (Ihe .Carer) whelcver lllS honolcd and to get cash acNancos from us or any olher pnrtlC'pa!lng fin8llClallnstllullon and from Automated Toller Machines Convonlence checks may al~o be provtdocllo you as an addltlooal wi1f to use Ihe Accounl In thiS Agreemenl 'you. and "your" mean each pe~on for whom WtJ have aoened a crt'dlt cald Accounl 'We," 'oor: .ours: and "us' moan Provdlan National Bank or lis as:31gnees, as listed on your billing slatement The Account mlly be used only fOI pe"OI1llI, lamlly, housohold. and charllab/I) purpooes, and nol for any bUSiness or commercml pUIpOSC Any use of thiS Account shall constItute acceptance of the terms of Ihls Agreement You and we agroa as fOIIow:l Payments, You wlll/ccelVe a monthly statement shOWing your OUlsl&nd,ng balance PlIymenl on thl!! Account IS laqul/l'd In U S dollms (check:l mlJ5t be payable al a U S offICe 01 the bank lho check IS drawn on) for alleasl the payment due as shown on your statement by lhe payment duo dile In accormnce wllh o."ymcnlmslruellOfls on your monthlv stilteme~l Convenience checks and olllt!r ,heck~ we lS~Ue to you may nol be lJ5ed 10 make payments on your Account ot 10 make payments on any other account you have wllh us Of O",Jr affifiates The payment due Will bo 2% ollhe now balance shown on your slalement plus the amount 01 any paSI due payment, plus the amount by whlcn the new baJance exceeds your credll lme However, the payment due WIll nol be less than 515 (unless yout new balance IS less lhan $15, In whICh case the payment due Wilt be Ihe amounl of the new balance) If your Account IS past due or above lhe Cledlllme, we may require a lughOf' minImum payment, 001 we Will nollfy you befoto doIng so II your payment IS more than the paymenl due, It win be Ireated as a s!ngle payment and none of It will be applied to future payments due We may accepllate or partial payments, or paymenls rna/ked .pald In fuU" or marked With olhet restrlcllons, wllhout losmg our flghl to colleel all amounls OWing under thIS Agreement Anance Chargn, Except as described in Iho Orace Period for Purchases Sectlon of IhlS Agreement, finance charges beglO to accrue on a deb!1 when II is Included in one of your dally balances and conlmue unbllhat balance is redtJced by a payment or Cledll. Your Account has Ihree balances the Purchase Balance, whICh consISts of purChases you make WIth your Card and fees for certaIn C1=Illonal sel\llCCS; lhe Custom Cash AcNance Balance. which ConSistS of balances that you transfer 10 your Accounl USing balance lransfer checks and balances that we transfer for you, and the ~8nce Balance which conSISts 01 all other cash aa..ancC$ Arry paymenl amouoJ we ieCCI\IO Jhat exceeds the finance chafges and fees lhen duewill ordnar,/y be apf:Xred fitst to the Balance With the !owesl Annual Percenlage Rate (APR), untJllhal Balance IS Zero, and then 10 the Balance wllh the nextlowesl APR, until that Balance IS Zero, and then to aoy remaining Balance We resel\le the nghtlo ~Iy paymenls differently wllhoul fu/lhet nollce The Purchase, Cuslom Cash AcNance. and Cash Advance Balances are reOOted by payments as of the date recoNed, and by credlls (except fOf' revcrsals 01 late. over.hmlt, and miscellaneous charges) as ollhe dale POsled Purchases are Included 10 your Purchase Balance as of the date made. Custom C'lSh acNances are Included In your Cuslom Cash AcNance Balance as follows. funds eleclromcally transmllled to olher Iende" to Iransfer balances, as of the date tra/lSmllled; checks to transfer balances as of lhe date presented 10 us. Other cash advances are Included In your Cash Act.lance Balance as follows, cash a~ances from olher financial instllutlons and lhrough Aulomated Telle~, as of the dale made; cash acNance checks made payable 10 you lhat ale ldenllfied as cashIers checks and mailed to you al your request. as of seven days after the date we pnnl on the chock; all other checks, as of the dale pUlspnted to us. Olhel debits (ClCCept for late, over.llmll, finance, and miscellaneous charges) are Included in your Pu/chase, Custom Cash AOIance, or Cash AcNanco Balance as of lhe date posted FlOance charges ale added to your Purchase, Custom Cash Advance, and Cash Act.lance Balances each day and a'e then posled on the lasl day of Ihe billing cycle, There I'S no grace peflod for custom casn advances or olher cash acNances To figure the daily finance charge for each type of Balance, we slar1 With YOUt previous day's Balance, add all debits and subtract all credits for the currenl day and muUiply the net amount by Ihe awllCable dally penedc rale (see follOWing paragraphs) The finance chorge for each type of Balance IS lhen added to and included In that day's Balance We tleal a credit balance for any dar as zero We dete'mlne lhe total finance charges onbalances fer the bII1mg cycle by adding together Ihe rlnance charges for each type of Balance for each day Within the billing cycle In calculating finance charges, an a~ustment Will be made for any transactIon or payment that would have affecled Ihe finance charge calculahon in a pnor billing cycle had II been posled In Ihat cycle. The applicable dally penodlC rate for such a transaction WIll be the rate In effect for the currenl billing cycle ralher than the rate In effect on the dale of the transaction Your statement Includes an average daily balance for each type 01 Balance You can multiply each average dally balance that is not zero by lhe number of days in the blUing cycle and the periodc rale to oblaln subtotals, and then add the sublotals together to determine your total finance charges on balances for the brlling cycle. The lerm "Pome Rale" as used in the Agreemenl means Ihe highest prime rate published In Ihe Wall SlIeetJournal on the first business day of the previous calendar month. Any Increase or decrease in lhe Annual Percentage Rate WIll take effect on Ihe fi~t day of your billing cycle and roay result In a sllghllncrease or decrease In the amount of your minimum payment The ANNUAL PERCENTAGE RATE (APR) for purchases Will vary and may be aJiusted each billing cycle up to 10,49% above Prime Rate, but will In no event be less than 16.8%. USIng this formula, the APR for purchases in the January 1999 billing cycle is 18.24%, corresponding to a dal~ perloc!Ic rate of 0 04997% The ANNUAL PERCENTAGE RATE for cash ado/ances will vary and may be adjusted each billing cycle up 10 12.gok above the ?flme Rale, but Will in no event be less Ihan 219% Using this formula, the! APR for cash adIIances In the January 1999 bIlling cycle IS 21.9%, correspondmg to a dal~ periodiC rate of 0,06000% We resel\le lhe right to change lhe Annual Percentage Rate calculations If you do nol c<lmply with the terms ot this Agreemenl Grace Pertod for Purc:hases. New purchases posted to your Account in billing cycles With no previOUS balance, or when the previOUS balance was fully paId during the cycle, cb not begin to incur a finance charge untlllhe start of the next billing cycle You Will P<rj r.o finance charge on such new purchases if you pay the total new balance In full by the payment due date shown on your statement. New purchases posted In any other billing cycle Incur a finance charge, and Ihere IS no penocl In which such purchases may be repaid Without incumng a finance charge. Fees. We will charge your Account up 10,$29 for each Card you ask us 10 replace; each returned P<rjmenl check; each check you wrlle on your Accountlhat we return unpaid, each stop payment order or renewal of such an order; each bllhng cycJe WIthin which your Account IS delinquent (late charge); and each billing cycle wllhm which your balance exceeds your creditli.ne, even if your Account is closed, If you request copies of billing slatements that were firsl sent to you more lhan three months earlier, we may charge a handlmg fee of $2 for each such copy DefaulL You will be in default: if any informatioo you provided us proves lobe incomplete or untrue; if you do nol comply With any part of this Agreement, upon your death.. bankruptcy, or Insolvency; If you do not pay olher debls when due; If a bankruptcy pellllon IS filed by or against you: or if we beheve In good faith that you may nol pay or perform your obllgatloos under thIS Agreement. If you are in default we may, Without further demard or nollce, cancet your credd pflvlleges, declare your Accounl balance Immedlalely due and payable" and use any remedy we may have. In the event of your default, the outSlandmg balance on your Account shall contmue to accrue Inleresl at the APR(s) disclosed in the Finance Charges seellon of thIS Agreement, even if we have filed SUII to collect the amount you aNe. Credit Une. Your ,credilline is specified from lime 10 lime in a separate nolice We may Increase ,or decrease yourcreat line based on informalion we oblained from you or your credit records Yoor available clOOI IS normally the difference between your credit line and your Account balance (mcluding transachons made or authonzed but nol yet posled) If you send us a large payment check, we may limIt your available credit while we confirm that Ihe,check WIll clear, For certain transachons, available credit may be less, You Will not use your Accountlor, andwe may refuse to honor, arr; fra/lSachon which would cause you 10 exceed your available credit Promise to Pay. You promise to pay us when due an amounts borrowed when you or someone else use your Account (even if the amount Charged exceeds your permiSSIOn), all other Itansacbons and charges to your Account, and collecllOn costs we mcur Including, bul not llmlled 10, reasonable allornay's fees and court costs. (If you win Ihe sUII, we Will pay your reasonable allomey's fees and cout! costs) Changes, After we provide you any notice required by law, we may change any par1 of thiS Agreement and add or remove requiremenls. If a change is made 10 lhe FInance Charges section of thIS Agreement, lhe new finance charge calculatIon will apply to your entire Account balance from the effectIVe date of the change. Changes Will apply to balances that mclude Ilems DOsled to Y.Q!JL Account before the date of lhe chanae, and Will apply whelher or not you c<lntlnue 10 use Ihe Accounl Foreign Exchange/Currency Conversion. If you use ,your Card for transactions in a currency other lhan U,S, dollars, the transactions wIn be conver1~ 10 U,S dollals, generally using either a QI government.mandated rate or (II) wholesale market rate In effectlhe day before the lransactlon processing date, increased by five percent (5%) If a credit IS subseo,uently gIVen for a transactIOn, I Will be decreased by Ihe same percenlage. If lhe credll has a different procesSing date, then Ihe excnange rate of the credit can be greater/less than thai 01 the anginal transactIon. The currency conversIOn rale 00 the day before the Iransacllon processlOg date may dffer from the rale In effect al the lime of Ihe transaction or on the date the transactIOn IS posted on your Account. You agree to accepllhe converted amount In US dollars. The Card; Cancellation. You may cancel YOiJr credit prIVIleges at any time by notifyIng us in wfllmg and destroying Ihe Card(s). Upon .the Card expiration ~I the end of the monlh shown on it, we reserve the righl not 10 fenew the Card. We may canceJ the Card and your Cledlt prIVileges at any time after 30 days nollce 10 you, Of wllhout nollce If permllled by law.lfyour. Card IS cancelled or not renewed, finance charges and other fees Will conlinue 10 be assessed, payments Will conllOue to be due, and all other applicable prOVISions of thIS Agreemenl Will remain 10 effect. If you lermlOate your credit privileges, or if we cancel or do not renew the Card, you may no longer Wille checks on your Accounl, and you should destroy any unused checks we have ISSUed to you. Personal Informatton; Docume,nts. You Will provide us atleasl10 days nolice If you change your name, home or mailing address, telephone numbers, employ~ent or income, Upon our request, you will provide us additIOnal financlBllOformatlon, We resel\le the nghtto obtarn Informahon from others, Including credit reporting agencIes, and to provide YOUI address an.d !n(ormabon abouI your Accounlto others We mav also share Informallon With our affillales HO'Nevel vou mav wnte to us al anv time Instruchna us not to share credillOformatlon With our affiliates If you do not fulfill your obligations under thIS Agreemenl, a negative credll repor1lhal may reflect on your credit may be submlUed to the credit repor1lng agencies Customer Servlce; Unauthorized Use, Loss, or Theft of Checks or the Card. Each Card must be Signed on recelpl You are responSible for safeguardlOg the Card, your Personal ldentificabon Number (.PIN', whICh prOVides access to Aulomaled Teller Machines) and any checks Issued 10 you from theft, and keeping your PIN separale from your Card, If you discover or suspect that your Card, PIN. or any unused checks are lost Of stolen, or Ihat there may be an unauthonzed transaction on your Account, you Will promplly notify us by callmg 1.aoo.933-7221. So we can lJbl immedlalely acllo Ilmlllosses and habillty, you will phone us OIIon thougl1yolJ may al~('.nohfy u~ In wnllng Your IllIbllify rO( unaulhoflZod ~e occumng before you nOllly us IS limited 10 $50 I'you report Q( we suspect unaulhonzed use o( your Account. wo may suspend your credt prIVileges uobl we rO'!lolve lhe problem to OUt satisfactIOn or ISSUO you a new Card If your Card IS lost or .. slolen, you will promptly destroy all checks In your poss~SlOn To Improve customer sOn/Ice and security, you aqree thai your calls may be mOnitored 0( recorded Merchant Relations. We will not be !lable If any person or Automated T ellm Machlna Htlu'5e5 10 honoIltle Card or accept your check:;, or 'ails 10 relum the C.ud 10 you Wo h3ve no responsibility to( goods and SCN1Ces ptJrchaSed wnh Ihe Cald 01 checks except as re~Jlfea by law (Soo Soeclol Rule below 1 Cerlaln bonoflls lhalllle avallnclo wllh tho Accounl aro prOVided by lhlrd-party vendo" We aro not responsible for lhe qualily, avallablhty, Of fasulls of any ollhe serviCes you choose 10 use Stop Payment Orders. If you WISh to Slop paymllnl on a check, you may 5Cnd us a slop paymenl OI(JOf by wflling 10 us OIl our adctcss for cuslomer servICe listed on YOUf stalemenl Vou can make a slop paymenl ordor orally by callmg Ihe number listed on your statemonl When you make II slop paymenl order, you musl prOVIde yoor Accounl number and SpecifIC mtormallOn aboulthe check; lhe exact amounl, tho dalo on Ihe chock, the name of the r;rty 10 whom II was oayllblo, lhe namo 01 the porson who signed II, and lho chock number Vou wdl be asked 10 confirm an ()I'al Slop payment order In Willing We mav d1SIb:,rd vour O(~ order I ~ ckl ~ r:l1C1\I8 it r~ned wflllen confirmallon wl~eeks afre, t~ml ordal, Of If we have nol recel\led an adequale descnpllOfl of the Itom so lhal payment ClJn stopped T e order WII nol e ecl/\/e I I 0 check was paid by us be ore we ad a l'Jason oppoIlUOlty to acl on tho order We may, wlthoot Il8bIhty, disregard 8 wflllen Slop paymenl order SIX months atler recelPI unless 1115 renewed In wrlllng Standard of Clre, Because thIS Accounl involves both credll card and check transacllons wnlr,h afa pfocessed thfOugh seoorala nallonal systems bofore the IransacllOOS are consolidated by us! and because not fNery check and Ca,d slip Will be sent 10 us, Iransactlons In your Account WIll bo processed mecha/llCal/y Without OUI nccoss8111y rfNleWlng every Ilem Our proces~lIng syslem will call our allentlon 10 certain Items whlCn we Will examine We Will ellamlne alllransaclJons when you rcpollthal your Card or checks have DooM Iosl or slolen We do nollnlend aananl'( 10 examine allllems, and we Will not be negligenllf we do nol do so ThiS rule eslabllshes the standard of oldlnary care which we In good tanh Will exercise m mtntsteflng your Accounl Because of our Ilmlled review, and because neither your cancelled checks nor Card Iransocllon slips Will be returned to you wllh lhe monlhly slatemenl. you should be careful to enter all checks 10 yoor check reglSler Of olherwlSe keep a recCI'd of Ihem. Vou should (1150 save your credll card cash act.Janco and purchase sbps Vou llo,ee 10 check vour monthlY statements Da!l'"~t vour record Ilnd 10 nalt'" us Immedtatelv of anv unauthom-ed Iransactlons or enors WalYer of Certain Rights, We may delay or waive enforcemenl of any prOVISiOn of Ihls Agreemenl wllhoullosl~ our fight to enfofce II 01' arr( olher provlslOfllater You waNe, the 1lQhl III p~esenlmenl, demand, protesl, or n~hce of dIShonor; any applicable slatule of limItations, and any nghl you may have 10 reqUIre us 10 proceed agcunsl anyone before we me sull agmnsl you. Appllcabfe Law; Seve,.blllty: ASSignment No mailer where you lIVe, thiS Agreemenl and your Accounl are gove,ned by federal law and by New Hampshire law, Thi!3 Agreemenl is 8 final expl8SSIon oflhe agreement between you and us and may not be conlraOcted by evidence of any alleged Ofal agreement II any pl'OVISIOO of Ihls Agreemenlls held to be IOvalid or unenforceable, you and we will consider lhat prOVISion modified to contonn to applicable law, and the resl of Ihe PlO\IISlOflS 10 the Agreemenl WIll sll:! be enfofceable, Al any llme atlerwe delermlne 10 good fallh that any proposed or enacled Ieglslalion, regulatory acllon, or ludiclal deciSion has rendered or may render arr( malerlal prOVISions of thiS Agreement invalid or unenforceable, or impose any increased tax, repor1lng reqtmemenl, or olher burden In connecltoO With any such prOVISion or Its enforr.cment, we may, afler at leasl 30 days nollce 10 you, or wlIhool nollCe II perrmlled by law, cancel the Card and your Credll pll\Illeoe9. We may transrer or assl!Jn our nght 10 all or some of your payments If slalo law requires thaI you recel\le nollCe of such an event 10 prolecllhe purchaser 01 assl!}nee, we m;ry gIVe yOu such notICe by filIng a frnancrng slaCemtlnt wrlh the state's Secrefary of Slafe Notices, Olher nolices to you shall be effeclive when deposited in the /nail addressed to you allhe address shown on our records, unless a longer notice period IS, Specified in thiS Agreemenl or by law, which period shall start ~n melling. Notice 10 us shaJJ be mailed 10 our address for customer servtce on your slalement (or other addresses we may speclffJ and shall be effectIVe when we receive il YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This notICe contalOs ImpcrtanllOformalion aboul your rig hIs and our respanslbililiee; under the F3Jr CredilBifling Act. Nollry U.ln Cas. of Erron or QUe.stloM About Your B'". If you think your bIn is wrong, or I' you need marc IOformatlon aboUI any Iransaction on your bill, write us, on a separale sheet, at our address fO( customer servlCEllisted on your bill. Wrile 10 us as soon as possible. We must heal from you no later than 60 days after we senl you the fltSt bill on which the error Of proolem appeared. You can lelephone us, but dOing so WIll nol preserve your fights, In your leIter, gl\le us !he follOWing lnformahon: - Your name and Accounl number. _ The OOIlar amount of the suspecled error - Describe the error and explain, If you can why you believe there IS an error, IfYOll need more Informahon, descnbe lhe item you are nol sure aboul. Your Right. MId Our RespoMlbllltles After We Reeeive Your Written Notice. We musl acknowledge your teller wllhin 30 days, unless we have corrected the error by then, Withrn 90 days, we must ellher correct the error or explalO why we believe the bill was cOlrect After we fecelveyour leller, we cannot try 10 collect afro! amount you queslion, Of report you as deJlnquenl. We can contrnlJl! 10 bill you for the amount you question, rncluding financacharges, andwecan apply a. ny unpaid amount agarnst your credlllme, Vou do not have 10 pay any qJeSlionedamount while we are IOvesllgallng, but you are sllll obligaled 10 pay Ihe parts of your bllllhat are nolln question If we 600 thai we made a mIStake on your bill, you will nor have to pay any finance charge related 10 any quCShoned amount If we didn't make a mistake, you may have 10 pay finance.charges, and you WIll have 10 make up the missed payments on Ihe questiOned amount. In either case, we will send you a slalement of the amount you ewe and the date Ihalll is due, If you fail 10 pay the amount we think yoo CINe, wo may raperl you as delinquent However, If our explanallon does not satisfy you and you wrrte 10 us within 10 days lelling US thai you 51111 reruse 10 pay, we mllSt lell anyone we reparl. you 10 that you question your bill. And, Vie must tell you the name of anyone we reporled you to We must lell anyone we report you 10 that the matter has been selUed belYieen US whe~ It finally IS. If we oon't follow these rules, we can'l collect the first S50 of the quesltoned amount, even If your bill was correct Spedil Rule (or Credit Card Purcha.se$, If you have a problem wllh the quahty of lhe property or ~ervices that you purchased with our credit card and you have tried in good faith to c;orrecllhe problem with lhe merchanl, you may nol have 10 pay the remaining amount due on the goods or services. There are !'No limitations on th!!>. right: (a) you must haye ~de !he purchase ~n your home stale, or if not withln'your home stale, within 100 miles of your current ma!lIng addt8S.s: and (h) the purchase price musl have been more lhan $50. These IImltallons do nol apply If we own Of operale the merchant, or If we mailed you the advertisement for Ihe property or seMces '" VERIFICATION I, DarIa Antone. ofProvidian National Bank. Plaintiff herein, verify that the statements offact 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 dh/{iVt fL %7/1d Afffant - DarIa Antone Title - Designated Agent Address -P.O. Box 9053 Pleasanton, CA. 94566 " ',' ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. lY99 -6A~5i IN CIVIL ACTION -VB- Plaintif!(B) FRED W. STALEY PRAECIPE TO SETTLE AND DISCONTINUE Delendant(B) CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA LD. No. 37942 Charles F. Bennett, Esq. PA LD, No. 30541 Joel E. Hausman, Esq. PA LD. No. 42096 Marylouise Wagner, Esq. PA LD. No. 61095 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1217 Telephone (412) 682-1466 Fax (412) 682-3138 ~~I >- <") >- 0; '"' >-: ~ c' ~5; W.,: - '"- ow. (Jr", :t: ~)~ ti:.~: ~1: (:-J~ 'J_r;'.;; 2;0 '.r) ~i15 G: :::JZ U;c_ rE{5 ==1" -J "-;!' =oJ .:.DQ.,. -, ..., .,. .<. I.L. 0'1 :::> 0 0'\ (J " '. " r. / )