HomeMy WebLinkAbout99-04478;?;
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
PROVIDIAN NATIONAL BANK
NO. G ? - -/ ?/ Ile
IN CIVIL ACTION
-va- Plaintiff(s)
PAMELA S. HESS
Defendant(s) COMPLAINT
CODE-
FILED ON BEHALF OF
PLAINTIFF
COUNSEL OF RECORD
FOR THIS PARTY:
James R. Apple, Esq.
PA I.D. No. 37942
Charles F. Bennett, Esq.
PA I.D. No. 30541
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Joel E. Hausman, Esq.
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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
PROVIDIAN NATIONAL BANK NO.
IN CIVIL ACTION
-s8- Plaintiff(s)
PAMELA S. HESS
Defendant(s)
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 upon you, by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so, 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 any other claim 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
Telephone (717) 249-3166
Toll free: 1-800-990-9108
2
1. Plaintiff is a National Banking Association located in Tilton, New Hampshire.
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 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 1435 Trindle Road, No. 1, Carlisle,
Cumberland County, PA 17013.
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 $7,539.81.
8. Plaintiff avers that interest has accrued at the rate of 23.30% per annum on
the balance due from April 7, 1999.
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
10. Plaintiff avers that pursuant to Plaintiff's agreement with Plaintiff's attorneys,
Plaintiff's attorneys are to receive attorneys' fees of 33 1/3% of the debt due.
11. Plaintiff believes, and therefore avers, that said attorneys' fees rate is just
and reasonable compensation for the services rendered by said attorneys.
12. Although repeatedly requested to do so by Plaintiff, Defendant has willfully
failed and refused to pay the amount due Plaintiff or any part thereof.
WHEREFORE, Plaintiff demands Judgment against Defendant in the amount
of $7,539.81 with appropriate additional interest, attorneys' fees and costa.
APPLE AND APPLE, P.C.
l
By.
Attorneys for Plaintiff(s)
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Taken by: DJ Capital Cash Urgency
Customer Response Form
Call Date: 06/02/96
Finder Number: 218-10466-7495-4
Invited Name: PAMELA S HESS
Name:
Address:
City:
State:
Zip:
61551786
SSN: 175-66-7148
Home Phone: (717) 697-2848 Business Phone: (717) 720-2497 Ext: 0
Own/Rent: Renter Annual Income: 25,000
Employment: Employed
Comments:
Finder Number: 218-10466-7495-4
Page Number: 45
Reference Number: 4310390721802868
Box : 3438
Year : 96
Batch : 57
SSN : 175-66-7148
Account # : 4310-3907-2180-2868
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Account Agreement for Pamala S Hess
Your Capital Cash account (the 'Account') is a reusable personal loan that allows you to access your account by writing checks. In this Agreement. 'you' and *Your' mean each person for wham we
have opened a Capital Cash Account. We; 'our,' ours, and *us' mean First Deposit National Bank or its assignee. You may not be eligible for an Account if you or a member of your household already
have a credit account with us, Provision National Bank. or Providian Credit Services. Inc. The Account may be used only for per
sonal, fatly, household, and charitable proposes, and not for any business
or commercial purpose. Any use at this Account shall constitute acceptance of the terms of this Agreement. You and we agree as follows:
Special Requirement of the Account: Credit Review Program. In order to keep you Account in good standing, you agree not to significantly increase the amount of your total debt an unsecured
revolving accounts. We will review your Account and credit profile quarterly to evaluate the amount you owe relative to the amount of your then current income. (We consider an increase in debt of more
than 52.000 to be significant. unless you have sufficient income.) II we dmorrnme that your Account is not in good standing, your Annual Percentage Rate may be increased.
Cash Advances. The Account is available only with the initial loan amount ('cash advance']. This initial loan amount may include payments that we have made to other lenders on Your behell in order
to transfer your other balances to this Account, checks mailed In you for the purpose of transferring your balances to this Account, and funds electronically Iransmilted to other lenders to transfer balances.
However, it you relact the initial loan amount and have not used the Account. we will close the Account and you will have no obligation. It you reject the initial loan amount but have used the Account,
we wig clean the Account and demand immediate lull payment only of the balance and charges not related to the initial loan amount. You may request additional cash advances by calling the toll-tree
number listed on your monthly statements.
Payments. You will receive a monthly statement showing your outstanding bon
the payment due as shown on your statemenl by the payment due date in actor
on your Account or to make payments an any other account you have with us
amount of any past due payment plus the amount by which the new balance es
your new balance is less than $15, in which case the payment due will be the
none of it will he applied to future a ments due. We ma accept late or partial
owi under
INIM OR nYOU MAYISAD EXTRA PAYMEN SOAT A Y T ME S ONLY THE RED
once. You will pay us in U.S. dollars (checks must be payable at a U.S. office of the bank the check is drawn on) at
dance with payment instructions on your monthly statement. You may nor use your convenience checks to make payer
or our affiliates. The minimum payment due will normally be: 2.0% of the new balance shown on your statement plu
cards your credit line plus lees for certain optional services. However, the payment due will not be less than $15 lu
amount of the new balancel. II your payment is more than the payment due, it will he treated as a single paymen
gayyments, or payments marked 'yyaiit in full' or marked with other resuictrans, without losing our rigght to defect of am
IRED PAYMENT. TO PAY DOWN YOUR LOAN FASTER, YOU MAY PAY MORE THAN TN€MINIMIIM stripes
Finance Charge. Finance charges begin to accrue on a debit when it is included in the daily balance ('Balance') and continue until the balance is reduced by a payment or credit. The Balance is reduced
by payments as of the date received, and by credits (except for reversals of late and miscellaneous charges) as of the date posted. Debits other than Finance charges are included in the Balance as of
the dales They are pasted which are as follows: cash advance checks that are identified as cashier's checks that we mailed to you at your request, as of seven days alter the data we print an the check;
all other checks, as of the date presented to us; funds electronically transmitted to other lenders to transfer balances, as of the dale transmired. Other debits (except for late, finance, and mdscallaneaus
charges) are included in your Balance as of the date pasted. Finance charges are added to your Balance each day and are then posted on the last day of the billing cycle.
To figure Ilia daily finance charge we start with your previous days Balance, add all debits and subtract all credits far the current day lax explained in the paragraph above) and multiply the net amount
by the daily pefiadic rate )sea following paragraph). The finance charge UI then added tp and included in Thet 'a Y's Balance. We treat a credit balance IA any day as zero. We determine the total finance
charges tar the billing cycle by adding together the finance charge for each day within the hiliing cycle. To determine the averaget itmayady sitter balance from show the n as your statement, add each day's Balance )including
daily finance charge) in the filling cycle and divide by the number of days in the hiliing cycle. You can multiply Ibis average daily balance by the number of days or the billing cycle and by the daily pedadic
rate to determine the total amount al your finance charges tar the filling ry[le. In calculating finance charges, an adjustment
the will be made for any transaction or payment Thal would have affected the
nce charge calculation is a prior hiliing cycle had it been posted is IheI cycle. The balance amounts sh own on your statemen Balances used in co mputing finance charges, because
the latter do not include any )alp or ad.idIsn.... charges which are included is the balances shown oa your statement. There is no period within which credit extended may he repaid without I.e. OR
a finance charge.
The ANNUAL PERCENTAGE RATEPAPR') is 23.30%, corresponding to a daily periodic rate of .06384%.
II you do not comply with the terms of this Agreement your ANNUAL PERCENTAGE RATE (APR) will he 23.30%, corresponding to a daily periodic rare of .06384%. We reserve the fight to change
the Annual Percentage Hate calculations if you do not comply with the terms of this Agreement.
Fees. We will charge your Account up to 510 for each billing cycle within which your Account balance exceeds you credit links, lover limt feel even if your Account is closed. We will charge your Account
up to $29 tor: each returned payment check; each check you write on your Account that we return unpaid: each stop payment order or renewal of such an order: each filling cycle within which your
Account is delinquent (late charge). It you request copies of billing statements that were first sent to you more than three months earlier, we may charge a handling lee of $200 for each copy.
Default. You wig be in default: if you were not eligible for the Account at the time it was opened; it you fail to comply with any part of this Agreement; it any information you gave us proves to he
incomplete or false; upon your death, bankruptcy, or insolvency; if you Fail to pay other debts when due; if a bankruptcy petition is fled by or against you; or if we believe in good faith that you may
not pay or perform yourobligations under this Agreement. On your default we may, without further demand or notice, cancel your credit privileges, declare your Account balance immediately due and payable.
and invoke any remedy we may have. In the event of your default. the outstanding balance on your Account shat! continue to accrue interest at the APR(s) disclosed in the Finance Charge section of
this Agreement, even if we have sued you to collect the amount you owe.
Credit line. Your credit line is specified from time to time in a separate notice. We may increase or decrease your credit line based an inlorr?wtion we obtain Iram you or your credit records. Your available
credit is normally the difference between your credit line and your Account balance (including transactions made or authorised but not yet postedl. It you send us a large yoyment check, we may limit
your available credit while we confirm that the check will clear. For certain transactions, available credit may be 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 pay us when due all amounts borrowed when you or someone else use your Account (even it 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 attorneys fees and court costs. itt you win the suit, we will pay your reasonable attorney's fees and court
costa)
Changes. We may change any pan of this Agreement at add at remove requirements after notice as require) by law. II we change the Finance Charges section halo the pf this Agreement. the new finance
charge calculation will apply to your whole Account balance from the effective date of the change, whether a, not the balance includes items posted to your Account change date and whether
or not yen continue to use the Account.
Cancellation of Account. At any time after at least 30 days notice to you, or without notice it derailed by law, we may cancel the Account and your credit privileges. If your Account is cancelled,
finance charges and other fees will continue to be assessed, payments will continue to be due, and all other applicable provisions of this Agreement will remain in effect. You may cancel your credit
pprivileges by notifying us in writing and paying your mitre statement balance by the payment due date on the statement which includes your final checks, cash advances, charges, and fees. You will still
he responsible for paying any accrued finance charges If your credit privileges are cancelled you may no longer write checks on your Account, and you should destroy any unused checks we have issued
to you.
Personal Information; Documents. You will give us at least 10 days notice if you change your name, home or mailing address, telephone numbers, employment or income. You will promptly give us
information about your financial affairs it we ask for it. We may get such information train others, including credit repaving agencies, and provide your address and information about your Account to
others. We ma also share such infprmmion with our affiliates. However. on may write to as at an time instructing us not m share reedit information with our alliliates. If you tail to fulfill any of
your obligauans stn er I n greement, a negative ere n report re erring on your credit record may e w none to cre n reParung agencies.
Cgstomer Service; Unauthorized Use, Loss, or Theft of Checks. You will safeguard all checks issued to you tram their. ll you discover or suspect that any unused checks are lost or stolen. or that
there may he an unauthorized transaction on your Account, you will nobly us promptly by telephoning 1.6009649212. You will phone, even though you may natily us in writing, so we can act last
seervicelime loanddes and security, you liability. agr e e Ie you that report your or calls s may he y be muonnitored or itmed or use of recorded. your Account. we may suspend your credit privileges until we resolve the problem to our satisfaction. To improve customer
s
Stop Payment Orders. If you wish to stop payment on a check, you may send us a stop payment order by writing to us at our address for customer service listed on your bill. You can make a stop
payment order orally by calling the number listed on your statement. When you make a slap payment order, you must provide your Account number and specific information about the check: the exact
amount, the date on the check, the name of the party to whom it was payable, the name of the person who signed it, and the check number. You will be asked to confirm an oral stop payment order
in writing. We ma disregard our oral order it we do not receive a signed written confirmation within Iwo weeks after the oral order or if you have not adequately described the Item so that payment
can be steppe y our computer. no order will not e a emwe t e crack was par y us award we a a reasonable opportunny to act an the order. We may, without liability, disregard a written
stop payment order six months after receipt unless it is renewed in writing.
5851 0598
Z361
Standard of Cara. Transactions in your Account wig be processed mechanically without out necessarily reviewing every item. Out processing system wig call our attention to certain items which we
wig examine. We will examine all transactions when you report that your checks have been lost or stolen. We do not intend ordinarily to examine all items, and we wig sal he negligent it we do not
do so. This mile enabgsh" the standard at ordinary care which we in good faith will exercise in administering your Account. Because of our limited review, and because your cancelled checks Nil not
he rotumed to yet with the monthly statement, you should he careful to enter all checks in your check register or otherwise keep a record of them You agree to check your mentnly statement a" net
your record and to notify us nromb lly of any unauthorised transactions or errors.
Waiver of Certain Night. We may delay or waive enforcement of any provision of this Agreement without lasing out tight to enforce it or any other provision later. You waive: the right to presentment.
demand, protest, or notice of dishonor; any applicable statute of limitations: and any right you may have to require us to proceed against anyone before we we you.
A plieahle law. Sevenhility: Assignment No metier whore you live, This Agreement and your Account are governed by lederel law and by New Hemoshka law. The Agreement u a line' espression
of the agreement between you and us and may sal be cgmradicted by evidence of any alleged oral agreement. At any rime after we detrmne in good faith that anY proposed ar enacted legislelian,
regulatory action, or put, ,el decide. has rendered or may render any material provision ai Ills Agreement invalid or unenforceable, er impose any increased fax, reporting requnemmt or other harden in
connection with any wch prevision or it enfar, or we meo after at least to days notice 1g you, or wuhau notice if permitted by law, cancel the Card end Your ,add em"figes and declare Sour
AttouOr balance immediately due and peyeIt If any provision of Ihis Ag,ernermt is held Ig be invalid ar unenlorceehle, you and we will an' do the' provision modified tg conform to appliuhis law,
end the rosi'aI the president in the Agnoment will still be anf nc able. but we will have the right to cancel your Account and declare your balance immediately due, as prodded in the preceding sentence.
We may hamster or "sign Our right to ag or in of your payments. It state law,qunor that You reserve notice of such an evem to protect the purchaser or assignee, we nay give you such notice
If Bing a finencinp statement with the Stele's Secretary of Stale.
Notices. Other moue" 10 you shall be effective when deposited in the mail addressed to you at the address shown on our records, unless a longer noliw period is specified in this Agreement or by law,
which period shall start upon mailing. Notice to us shag be maded to our address for customer service on your statement for other addresses we may specify) and shall be effective when we receve it.
Your Billing Rights - Keep This Notice far future Use
This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.
Badly Us in Case of Errors or Questions About Your Bill. If you think your bill is wrong, or it you need more information about an entry on your hill. write us, on a separate sheet, at our address
for custom service listed on Your bill. Wale to us as soon as possible. We must hear from you no later than 60 days alter we sent you the first bill on which the error or problem appeared. You can
telephone us, but doing so will not preserve your rights.
In your letter, give us the following: • Your name and Account number the dollar amount at the suspected error.
• 0"crihe the error and explain, it you can why you believe there is an error. If you need more information, describe the item you are not sure about.
Your Right and Out 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 believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, of report you as delin?ti nt. We can continue
to big you for the amount you question, including finance charges. We can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating,
but you are still obligated to pay the parts of your bill that are not in question.
If we find that we made a intake 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. It you had to pay the amount
we think you owe, we may report you as delinquent =ever, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone
we report you to that you question your hill. And, we must tell you the name of anyone we reported you to. We most tell anyone we report you to that the matter has been settled between us when
it finally is. It we don't tallow these rules, we can't collect the first 85D of the questioned amount, even it your bill was correct.
VERIFICATION
JAMIE G. SHEREMETA : Providian 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 13 Pa.C.S. 4904, relating to unsworn
falsification to authorities.
Date Affiant "IMIEG. SHEREM
Title - esignated Agent
Address -P.O. Box 9053
Pleasanton, CA.
94566
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04478 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PROVIDIAN NATIONAL BANK
VS.
HESS PAMELA S
JODY SMITH , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within NOTICE AND COMPLAINT was served
upon HESS PAMELA S the
defendant, at 10:15 HOURS, on the 5th day of August
1999 at CUMBERLAND CO. SHERIFF'S DEPT 1 COURTHOUSE SQUARE
CARLISLE, PA 17013 ,CUMBERLAND
County, Pennsylvania, by handing to PAMELA HESS
a true and attested copy of the NOTICE AND COMPLAINT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00
Service 3.10
Affidavit .00
Surcharge 8.00 omas ine, 5 eri
$777- TAPPLE & APPLE
08/05/1999
by
-?Od?, 1
e u -y eri
Sworn and subscribed to before me
this J - day of
19 qj A. D.
ro no-f notary+
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
PROVIDIAN NATIONAL BANK NO. 1999-04478
IN CIVIL ACTION
-vs- Plaintiff(s)
PAMELA S. HESS
Defendant(s)
SUGGESTION
OF BANKRUPTCY
CODE -
FILED ON BEHALF OF
PLAINTIFF
COUNSEL OF RECORD
FOR THIS PARTY:
James R. Apple, Esq.
PA I.D. No. 37942
Charles F. Bennett, Esq.
PA I.D. No. 30541
James S. Alter Esq.
PA I.D. No. 35164
Joel E. Hausman, 6
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
Telephone (412) 682-1466
Fax (412) 682-3138
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
PROVIDIAN NATIONAL BANK NO. 1999-04478
IN CIVIL ACTION
-vs- Plainiiff(a)
PAMELA S. HESS
Defendant(a)
SUGGESTION OF BANKRUPTCY
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
PLAINTIFF, by and through their attorneys avers that the Defendants have
filed a Petition under Chapter 7 of the Bankruptcy Code at case number 99-03855 in the
Bankruptcy Court for the Western District of Pennsylvania.
SWORN TO AND SUBSCRIBED APPLE AND APPLE,
BEFORE ME THIS )Y DAY OF C
19! Notarial Seat
Mary Beth Vanoergrett, Notary Public
Pinsburgh, Allegheny County
My Commission Expires July 20, 2002
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