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HomeMy WebLinkAbout99-07623a t 0 Z Zr -o =i ?sr,si r tillfi?".?? Fyn" J"'4.v rtil". 1 l r VALERIE ROSENBLUTH PARK, ESQUIRE 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROVIDIAN NATIONAL BANK Plaintiff VS. KEVIN H. SPANKUCH Defendant NOTICE NO. 9C? - / 1o. C)W Z 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 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 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. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS KEVIN H. SPANKUCH 2128 WALNUT BOTTOM ROAD CARLISLE, PA 17013-9375 DEFENDANT NO. ?% '71-,13 C tC a CIVIL ACTION 1. PROVIDIAN NATIONAL BANK, an organization domiciled at 295 MAIN STREET, TILTON, NH 03276, and existing under the laws of the United States of America, is the owner of a credit account opened at the request of the Defendant. 2. The Defendant is KEVIN H. SPANKUCH, an individual who resides at 2128 WALNUT BOTTOM ROAD, CARLISLE, PA 17013-9375. 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 4428470757702775. 4. The terms of said account are stated in the documentation attached hereto as Exhibit "A." 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 $5,072.75 as of 09/21/1999, plus pre-judgment contractual interest at the rate of 18.90% 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 $1,014.00. COUNT II 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 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 $5, 072.75, plus pre-judgment interest at the contractual rate of 18.90% per annum from 09/21/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,014.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIA?T9S1 P.C. BY: ROSENBLUTH 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. VERIFICATION I, HFATwr-P yonpEIUpn, declare: 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 this Alamedia County, in the PROVIDIAN NATIONAL BANK KEVIN H. SPANKUCH 4428470757702775 938092-1 day of , 1999 at b??lS l S A Designated Agent HEATHERKOORFAAANI PROVIDIAN Fumecinl 77Prisochan Agree) Bank or 9 t --LA- Account Agreement for r Kevin r S kt." sferCh -A?- Please review Ili ,document and Ne p d with your other important papers This Account A reement contains the terms which govern your Providian tjal*na n or MasterCard Account ''lhe -Account') The Account allows you to make purchases by using your VISA or MasterCard card (the 'Carts') wherever A is honored and to gel cash advances from us or any other participating rmanmalmshlulion and trim Aulomated Teller Machmes Convenience checks may also be provided to you as an additional way to use the Account Indus Agreement, 'you* and 'your' mean each person for whom we have opened a credit card Account 'We,-our,"ours' and 'us* mean Provician National Bank a its assignees, as listed on your Gthng statement. The Account maybe used only for personal, family, household, and charitable purposes, and not for any business or commercial purpose. Any useof Ihm Account shall constitute acceptance of the terms of this Agreement You and we agree as follows Payments. You will receive a monthly statement `?owmg your cuL-tanCmg balance Payment on this Account is requred m US dollars (checks must be payable al a U 5 office of the bank the check rs Crown on) for at least the payment due as shown on your slatemenl by the payment due tlale m accordance with payment msimcbgns on your monlh? slatemenl. Convenience checks and other checks we issue to you may not be used to make payments on your Account or to make payments on any other account you have with us or our alb ele5. The payment due will be ' 2% of the ilex balance shown on your statement plus the amount of any past due payment. and may include the amount by which the new balance exceeds y our cr edit line er, H ev ow the payment due will not be less than S15 (unless your new balance is less than 515, in winch case the payment due •xill be the amount of Ire new balance) If your Account us past due or above the credit line, fir 0ef utur may requite a higher minimum payment, but we will 'idly you before doing 5o If your payment is more Ihan the paymenl Cue, it will be treated as a single payment and none at, it •xtll be applied payments tlue We may accept late or partial payments, or payments marked 'patd m full' or marked with other o irdtens. without losing our nghI to dotted alt amounts awing o ing under Nis Agree e ment Finance Charges. Except as described in the Grace Period for Purchase Balance section of this Agreement, finance charges begin to accrue on a debt when it is included in one of our cloth, balances and cgnbwe unlit Ihal balance is reduced by a payment or credit. Your Account has the you make with your Card and fees for certain optional services, one or more q er checks and balances that we transfer for you. and the Cash Advance Bolan fees then due will ordinarily be applied first to the Balance with Ine lowest Ann it Balance is zero, and then to any remaining Balance We reserve the light to ices are reduced by payments as of the dale received lid b ed t our existingg Purchase Balance I you transfer to your Account aunt we receive that exceeds the to the Balance wilh the next a, Custom Cash Advance, and cash advances are included in your Custom Cash Advance Balance as follows funds electronically it to Pm Ited to rother urcriases; endere m canal in your esrc as of h )lanc e as of t e d!e checks madee Io r Tellers Cuslorn balances, as of the date presented to ance Other cash advances are included in your Cash Advance Balance as follows. cash advances from other financial institutions and through Automated , as of the dale made, cash advan checks made payable to you that are identified as cashiers checks and mailed to you al your request, as of seven days after the dale we print on the check, all other checks, as of the dale presented to us Other debits are included to your Purchase, Custom Cash Advance, er Cash Advance Balance as of the date posted. Finance charges are added to your Purchase, Custom Cash Advance, and Cash Advance Balances each day and are then posted on the last day of the billing cycle. There rs advances or other cash advances no grace period for custom cash To figure the daily finance charge la each type of Balance, we start with your previous days Balance, add all debits and subtract all aedls for the current dayy and multiply the net amount by the app Mule daily periodic rate (see following paragraphs). The finance 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 the finance charges for each type of Balance for each day within the billing cycle. In calculating finance charges, an adjustment will be made for any Iransactign of paymenl that would have affected the finance charge calculalen in a prior billing cycle had it been posted in Thal cycle. The applicable daily periodic rate for such a transaction will be the tale in effect for the current billing cycle rather than the rate in effect on the date of the transaction. Your statement includes an averagedaily balance for each type of Balance. You can multiply each average daily balance that is not zero by the number of days in the billing cycle and the periodic rate to obtain subtotals, and then add the subtotals together to determine your total finance charges on balances for the billing cycle. Ila cash advance Imnsaclion lee is charged, that amount is also a finance charge. The term'Prime Rate' as used in the Agreement means the highest prime rate published in the Wall Street Journal on the first business day of the previous calendar month. Any increase or decrease in the Annual Percentage Rate will take effect on the first day of your billing cycle and may result in a slight increase a decrease to the amount of your minimum payment You can arrange to have a variable rate (not below 5 9%) for purchases which is lower than the loxes) non-introductory ANNUAL PERCENTAGE RATE (APR) you are paying on airy of your other credit card ai retail accounts. This APR is available onN it you provide proof, in theform of a copy of your most recent billing statement showing your other non•inlmductory APR. Your new APR will lake effect in the billing cycle following our review ofyour proof. but not earlier than the end of your introductory period. Until your new APR takes effect or ilwe do not receive proof of yyour lower APR, your APR for purchases will be as follows: The ANNUAL PERCENTAGE RATE (APR) for ppurchases will varyry and may be adjusted each bdhng cycle up to 7.4% above Prime Rale, but will in no event be less than 15.9%. Using this formula, the APR for purchases in the October 1999 blhng cycle is 15510, corresponding to a daily periodic late of 0.04358%. You can arrange to have a variable APR (not below 12.9%) for custom cash advances that is lower than the average non-introductory APR you have been paying on the total balances you have transferred from other areal card, retail, and installment accounts provided your other accounts were open in October 1999. In calculating this APR we will lake into account the APRs on the credit account balances you have transferred from other lenders. This APR is available only if you provide proof, in the form of copies of your most recent billing statements, showing your other rtgn•inirodudpry APRi. Your new APR will take effect in the hitting cycle following our review of your proof, but not earlier than the end of your introductory period If we do not receive such proof your APR for custom cash advances wilt be as follows: The ANNUAL PERCENTAGE RATE for custom cash advances is 233%, corresponding to a daily periodic rate of 0.06384%. The ANNUAL PERCENTAGE RATE (or cash advances is 23.3%, corresponding to a daily periodic rate or 0.06384%. mmyoicpayment is reccived lateed w18 9%acorresmnth fo r allot it you significantly increase your total unsecured debt(as explained to the CREDIT REVIEW paragraph), the APR for purchases ayyind lo o dal p0 9 ly periodic rate of0.05178%, and the APRfor cash advances and custom cash advances may increase, but will not exceed 23.3%, poling ly perodic rate of 0 06384%. Your Account maybe eligible for lower APRs after you have met the terms of this Agreement for three months If you contact us, we will review your Account to determine your eligibility far lower APRs. CREDITREVIEW: SPECIAL REQUIREMENT. Your APR canincrease based on a significant increase in unsecured debt ifyon total unsecured debt and your total unsecured debt with other lenders each increases by more than 55,000 and your annual household income is less than four times your total unsecured debt. Grace Period for Purchase Balance, New purchases posted to your Account in billing cycles with no previous balance, or when the previous balance was fully paid during the cycle, do not begin to incur a finance charge until the start of The next bim? cycle. You will pay no 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 polled in any other billing cycle incur a finance charge, and there is no period in which such purchases may be repaid without incurring a finance charge. Fees. We will charge your Account up to SO for: each Card you ask us to replace; each returned paymenl check, each check you write on your Account that we return unpaid, each stop paymenl aide( or renewal of such an order; each biting cycle within which your Account is delinquent (late charge); and each billing cycle within which your balance exceeds ycut credit line, even if pour Account is ckssed. I( you request copies of billing statements that were first sent to you more Than three months earlier we may charge a handing fee of S2 for each such copy. A cash advance fee of 3% (minimum SS), which is a FINANCE CHARGE, may be charged for each cash advance transaction made on your Account. Default You will be in default if arty information you provided us proves to be incomplete or untrue, if you do not comply with any pan of this Agreement, upon your death, bankruptcy, or insolvency; if you do not pay other debts when due, d a bankruptcy pettion is filed by or against you; or Awe believe in good faith Thal you may not pay or perform your obligations under this Agreement. II you are in default we may, without further demand or notice, cancel your credit privileges, declare your Account balance immediately due and payable, and use any remedy we may have. In the event of your default Iheoutslandmg balance on your Account shallcontmue to accrue interest at the APR(s) disclosed to the Finance Charges section of this Agreement, even i(we have filed suit to collect the amount you owe. Credit Line. Your credit line is specified from lime to lime to a separate notice We may increase or decrease your credit line based on information we obtained from you or your credt records, Your available credit is normally the difference between your credit line and your Account balance (mcludmg transactions made or authorized but not yet posted) Ilyou send us a large paymenl check, we may lima 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. Ptomiseto Pay, You promise to pay us when due ail amounts borrowed when you or someone else use your Account(even d the amount changed exceeds your permission), all other transactions and charges to your Account, and collection costs we incur mountng. but not limited lo, reasonable a0omeys fees and court costs (If you win the s rt, we will pay your reasonable allorneys fees and court costs ) Changes. After we provide you any notice required by law, we may change any part of this Agreement and add or remove requirements If a change is made to the Finance Charges section of this Agreement, the new finance charge calculation will apply to your entire Account balance from the effective dale of the change Changes will apply to balances that include items posted to your Account before The date of the chain , and will apply whether or not you continue to use the Account Foreign Exchange/Currency Conversion. If you use your Card for transactions in a currency other than U S dollars, the Iransadcns wilt be converted to U S dollars, generally using either a (i) (Continued on reverse)(5646-0698) u28470757702775 0730 Ogg 2518 - governmenhmardoed rate or (ii) wholesale market rate in effect the day before the Iransacta is processed, increased by three percent (3=.0) Ira orept is sbbsequentty given for a transaction, it converted amount m U.S. dollars. will be decreased by the same Percentage The currency comeriorl rate used on the conversion dale may offer tram the tare m effect on the Cate you sed your Card You agree to accept the The Card; Cancellation. You may cancel your credo p,wleges at anytime by nchymg us inwrning and destroying the Card(s) UCpn the Card expualian at Ihe.nd of•Ibc•monlh shown on it, cancelled reserve the right hot la renew the Card We may cancel the Card and yourcredt privileges at anytime alter 30 days notice to you,le or wllhoul provisions notice ofce dthispern t th Agreement by will law. If remain your in Card effect , If you not renewed, ht finance 0 erges and other fees will continue the be assessed, payments will continue to be due, and all other applcab tted cancelled or terminate your credit privileges, or if we cancel or do not renew the Card, 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 provide us at least 10 days notice it you change your name, home or mailing address. telephone numbers, employment or income. Upon our request, you will provide vs addihoml financial mformahon Vie reserve the right to obtain information from others, including credit reporting agencies, and to p(owde your address and information about your Account to others We mptialso share nfo lion ,, In our affilites do not fdfill your oblgahons untler Ihls Agreement, a negative credo reportthal may etl?r on yrelr aeC i may at sl.biuueo otmelcredit feporung agi,-.. hriformahon 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 Personal Identification your CarrdPPlPl,ohany urnuseeds heeksaebsloasto en,llor hat hers) aybe anynchecksu aulhssued to immediately act io limit tosses and habihry your r ;III separatte e from from your Card If you discover or suspect that oneft. and keepi 9your Accoun will notify us by tyou Pittmpty your Cr 1.800• report our we suspect unaulhonzed use of your P.ccount, we may suspend your credit also nobly, uus in nlit we writing Your problem o our unauthorized use oOccurring before you notify r Issue you anew Card Ofy a? Card t ostaor stolen, you will promptly destroy all checks m yourlpossess en v Tospe dyour reedit erv¢es rd it we re, you tire ree problem to oucalls r may be monitored you recorded eC and us our Card to 550 If you Merchant Relations. We will not be habie dany person or Automaled Teller Machine refuses to honor the Card or accept your checks, of fails to return the Card 10 you We have no responsbillly our goods and services purchased with the Caoachecks exceptasregmredbylaw (See Smial Rule below.) Certain benefits thalaie available with he Account are providedby lhir -party venders. We are not responsible (or the quaky, avalaMGry, cr results of any of the services you choose to use Stop Payment Orders, If you wish to slop payment on a check, you may send us a step payment order by writing to us at our address ter customer service listed on your statement You can makeastop payment order orally by calling the number fisted on your statement When you make astop payment check order, you must Provide your Account number and specific information about the : the exact amount, the dale on the check, the name of the party to whom if was payable, the name of the person who signed ll, and the check number. You will be asked 10 confirm an oral stop payment order in wiling. W ma dI r and our oral rder if we not recrv a I nM written 'firm lion catkin Lwow ks ah tike rat rtler, or if we have not received an adequale description of the item so that payment can be slapped - order wnl not be e edrve i the check was aid liability, disregard a written stop payment order sou months after receipt unless d.. renewed m wnhng. p us wrote we had a reasonable opportunity to act on the order. We may, without Standard of Care. Because this Account involves both credit card and check transactions which are processed through separate national systems before the transactions are consolidated by us, and because not every check and Card slip will be sent to us, transactions in your Account will be processed mechanically without our necessarily reviewing every item. Our processing system call our attention to certain items which we will examine We will examine all transactions when our c(drianly to will examine all items, andwe will not be negligent five do not do so This mleeslablishes the slandadof ordmary care which we in gad lath will exercise in admmistenng youAccount Because of our limited review , and because neither your cancelled checks nor Card Iransachon slips will be returned to you withta monthy statement, you should be careful to not enters/ checks in your fre,g"$!morohei of them Youshould rr also save your credit card cash alliance and purchase sly s you a'roeimmedal roara=„• -_'honzeilran5ado orerro p _lo check Your monlhlv stalem is t Waiver of Certain Rights. We may delay or waive enforcement of any prOVrsion of this Agreement wllhoul losing our right to enforce it aany other provision later. youwarve. the dgho ? =presentment, demand, protest, or notice of dshorwr, any applicable statute of fundalicns; and any right you may have to require us ro proceed against anyone before we file suit against you. Applicable Law; Sevembility; Assignment. No matter where you live, this Agreement and our Account are governed by federal law and by New Hampshire law. This Agreement is a final expression of the ours call onagreement lhal?toviseonymodfied loawnform oapbephcceable awana lheirestpf he pfovisgio stn jheg9feemenl will sidlbentofthis Agreement held to bdeermine i y p aposed w enacted legislation, regulatory action, or judicial decision has rendered or may tender any material provisions o1 be enforceable. invalid a tl any lime faith or m unenforceable after ce deter impose unenforceable, f this rty naeased lax, repoding requirement, or other burden in wnnection with any such provision or its enforcement we may, ocher al 1 30 days notion to you, or without notice' if permitted crimpse by law, h putxdaaeror ass g ee care maytgrve youuU notl cetrby fI''rng a financing satement with the stales Secretary of Stale. y payments.lf stale aw regwres hat you receive notice of such an event to protect the Notices, Other notices to you shall he eHedrve when deposited in the mad addressed to you al the adtlress shown on our records, unless a longer notice period is specified in this A reement or bylaw, which periodshall start upon mailing. Notice to us shallbemailed to our addressfor customer service on your statement (or other atldresses we may spect?) and shall be YOUR BILLING RIGHTS-KEEP THIS NOTICE FOR FUTURE USE. This nohce contains important information about your rights and our responsibilities under the Fair Credit llirgAct o when Notlfy Us In Case of Enprs our questions About Your Bll/. If you think your bill is wrong or if you need more information about any transaction on your bill, were a us on a separate address listed in the Billing Rights Summary on your bill. Write to us as son as appeared You ion telepIf ne s, but doing so will not preserve your rights. In yourrle er, We us the following informalion: - YO?ur nnaame alndAccount numberfi - The dollar aount of the problem suspecled error. - Desonbe the error and explain, it you can why you believe there is an error. Ifyou need more information, describe the item you are not sure about. YourRfghbs and Our RespbnslbilfLies Aker We Receive Your Wriften Notice. We must acknowledge your letter within 30 days, unless we have corrected the error by then Within.00 days, we must either correct the erro or explain why we believe the bill was correct After we receive your letter, we cannot try to collect any amount you question, a report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are imesligating, but you are slJl obligated to pay the parts of your bill that are not in question. I(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 ddn'r make a mistake, you may have to . aM 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 youail to pay the r amanl we think you awe, we may repod you as delinquent. However, if our explanation does not salts pay finance charges, arryone we report you to that ypu 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 sellled between - us when it finely is. If we don't follow these rules, we can't collect the first S50 of the questioned amount. evyou and you write en if your bill wasp orreclhln l0 days letting us that you still refuse to pay, we mull tell - ob em ill ethe merr?fanl8you may pot haver loupabey the r moo neng with the amount due on tithe property There are two limitations on his right: (a) you must have made the _ bins state, or if not within your home state, within lCO miles of your current ailing address; and (b) the purchase price must rye eilbeen morerthacard and n 550. These have limitationin good s do notiappymwe own or operate the merchant or it we mailed you the adva rsemenI for the r purchase in your _ p operhy or services. ,;.._ Cl_ CL- - U o. U J O I.' V-^ SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-07623 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS SPANKUCH KEVIN H R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT SPANKUCH KEVIN H but was unable to locate Him in his bailiwick. He therefore returns the CIVIL ACTION NOTICE , NOT FOUND , as to the within named DEFENDANT , SPANKUCH KEVIN H DEFT. MOVED LEFT NO FORWARDI TO PROVIDE ALTERNATE ADDRESS Sheriff's Costs: Docketing 18.00 Service 3.10 NOT FOUND RETURN 5.00 Surcharge 8.00 .00 34.10 JG, ATTORNEY UNABLE PRIOR TO EXP. DATE. So answ s: R. Thomas Kline Sheriff of Cumberland County PARK LAW ASSOCIATES 01/21/2000 Sworn and subscribed to before me this 31a.+- day of 2arv A. D. w o. ?C .? saes PZothonotary VALERIE ROSENBLUTH PARK, ESQUIRE 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 i Ii?.F_..:,•; rcnTlF" THAT THE WITHIN IS F. TRl _ a '"C?' COPY LERn F,. 1irFi PARK ATTOM"IT T r.0; I i•:_;t tr•; I11'i i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROVIDIAN NATIONAL BANK Plaintiff VS. KEVIN H. SPANKUCH Defendant NO. 99 - Xa? NOTICE 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 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 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. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6201RUE- COPY FROM RECORD- - -- In TOSIh 0: s :;?sreat,-I here unto set my hand and the ss.al r.f said COu t at Cariisto,. Pa. TM fay 1999 thonotary V THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. -°--_ _ _. _ __ -yr•-•-.. 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS KEVIN H. SPANKUCH 2128 WALNUT BOTTOM ROAD CARLISLE, PA 17013-9375 DEFENDANT NO. CIVIL ACTION 1. PROVIDIAN NATIONAL BANK, an organization domiciled at 295 MAIN STREET, TILTON, NH 03276, and existing under the laws of the United States of America, is the owner of a credit account opened at the request of the Defendant. 2. The Defendant is KEVIN H. SPANKUCH, an individual who resides at 2128 WALNUT BOTTOM ROAD, CARLISLE, PA 17013-9375. 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 4428470757702775. 4. The terms of said account are stated in the documentation attached hereto as Exhibit "A." 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 $5,072.75 as of 09/21/1999, plus pre-judgment contractual interest at the rate of 18.90% 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 $1,014.00. COUNT II 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 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 $5,072.75, plus pre-judgment interest at the contractual rate of 18.90% per annum from 09/21/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,014.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: Vl"-- VALERIE ROSENBLUTH 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. VERIFICATION I, H1=ATt4r-M tlr(IRPAAAM , declare: 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, 2 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 this day of . 1999 at Alamedia County, in the PROVIDIAN NATIONAL BANK KEVIN H. SPANKUCH 4428470757702775 938092-1 v --_ " J y- Designated Agent HEATHER K00RFA,+AP1' WPROVIDIAN rfnanciaf Provalan National Bank VISAO or MaslecaroO Account Agredmeni for Kevin H Spankucn Please review this document and keep it with your other important pacers Thrs Accounl Agreement contains the terms which govern your Prowoan Mahon non nor Mastercard Account (the-Account-) The Account allows you to make purchases by using your VISA or MasterCard card (the 'Cara') wherever it is honored and to get Cash advances from m or any other participating financial institution and from Automated Teller Machines Convenience checks may also be provided to you as an additional way to use the Account In this Agreement. *you' and'yous'm¢an each person for whom we have opened a credit card Account 'We,"our,"ours,' arid 'us' mean Pfavldan National Bank or its assignees, as listed on your calling statement. The Accounl maybe used only for personal, family, household, and charitable purposes, and not for any business or commercial purpose. Any use of this Account shall constitute acceptance of the terms of lhs Agreement. You and we agree as follows Payments. You will reserve a monthly statement showing your outstanding balance Payment on this Account is required in U S dollars (checks must be payable at a U S office of Ihebank the check is drawn on) for at least the payment due as shown on your statement by the payment due date in accorcance with payment instructions on your monthly statement. Convenience checks and other checks we issue to you may not be used to make payments on your Account or to make payments on any other account you have with us or our affiliates. The payment duewlbe 2% of the new balance shown an your statement plus the amount of any past due payment and may include the amounl by which the new balance exceeds your credit line However, the payment due will not be less than $15 (unless your new balance is less than 515, in which case the payment due will be the amount or the new balance). If your Account is past due or above the oedl line. we may require a higher minimum payment, but we will nohy, you before doing so If ycur payment is more Ihan the payment due, it w it be treated as a single payment and none of it will be applied to future payments due. We may accept tale or partial payments, or payments marked 'paid in full' or marked with other restrictions, without losing our right to collect all amounts owing under this Agreement. Finance Charges. Except as descnbedin the Grace Period for Purchase Balance section of this Agreement, finance charges begin to accrue on a debit when it is included in one cf paddy balances and continue until that balance is reduced by a payment or credit. 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 seances; one or more Custom Cash A an Balances, which consists of balances that you transfer to yourAccounl using balance transfer checks and balances that we transfer for you: and the Cash Advance Balance wmmn consists o all other cash advances. Any payment amount we receive that exceeds the finance charges and fees then due will ordnady, be applied first to the Balance with the lowest Annual Percentage Rate (APR), until that Balance is zero, and then to the Balance with the next lowest APR, until that Balance is zero, and then to any remaining Balance. We reserve the right to apply payments diHerent6A without further notice. The Purchase, Custom Cash Advance, and Cash Advance Balances 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. Cuslan 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 dale presented too . OIAer cash advances are included in your Cash Advance Balance as follows. cash advances tram other financial institutions and through Automated Tellers, as of the date made; Cash advance checks made payable to you that are idenhhed as cashier's checks and mailed to you at your request, as of seven days after the date we p nil on the check; all other checks, as of the date presented to us Other debits are included in your Purchase, Custom Cash Advance, of Cash Advance Balance as of the dale posted. Financechargesare added to your Purchase, Custom Cash Advance, and Cash Advance Balances each day and are then posted on the last day of the billing cycle. There is no grace penal for custom Cash advances or other cash advances. To figure he daily finance charge for each type of Balance, we slad with your previous days Balance, add all debits and subtract all credits for Ne current day and multiply the net amount by the quplica6le daily perade rote (see following paragraphs). The finance charge a each type of Balance a hen added to and included in that days Balance, W e treat a credit balance tar any day as zero. We delennine Ne IoWI finance charges ou balances for the billing cycle b/adding together the finance charges far each yPe of Balance kr each day within the billing cycle. In Cakubtiig finance charges, an adim et will be made (a arty traits= 4 or payment Thal would have affected the finance charge calculation in a peon billing ryde had it been posted in that cycle. The applicable daily periodi c rote for such a transaction will be the rate in effect for the current billing cycle rather than the role in effect an Ne date of the Ironsaction. Your statement includes an average daily balance for each type of Balance. You an mullipy each average daily balance that is not zero by the number of days in the billing cycle and thepanic& rate to obtain subtotals, and then add the sublotals together to determine your total fiance charges on balances for the billing cycle. If a cash advance transaction fee is charged, that amounl is also a finance charge. The let *Prime Rate' as used in the Agreement means the highest prime rate published in the Wall Street Journal on the first business day of the previous calendar month. Any increaseor decrease in the Annual Percentage Rate will lake effect on the first day of your billing cycle and may result in a slight increase or decrease in the amount of your minimum payment. You an arrange to have a variable rate (not below 5.9%) for purchases which is lower than the lowest non-introductory ANNUAL PERCENTAGE RATE (APR) you are paying on arty of your other credit card or retail accounts. This APR a available onif you provide proof, in the lam of a copy of your most recent billing statement, showing your other non-Introductory M. Ycurfew APR will lake effect in the billing cycle following our review o?, our proof, but not eadier than the end of yqour introductory period. Until your new APR takes effect, or if we do not receive proof ofyyour lower APR, your APR repurchases will be as follows: The ANNUAL PERCENTAGE RATE (APR) for purchases will varyry and maybe adyusted each billing cycle up to 7.4% above Prime Role, dui will in no event be less than 15.9%. Using this formula, the APR for purchases in the October 1999 billing cycle is 15.9°A, corresponding to a dailypenodie rate of 0.04356%. You can arrange to have a variable APR (not below 12.9%) for custom Cash advances that is lower than the average non-introductory APR you have been paying on the total balances you have transferred from other credit cant, retail, and installment accounts provided your other accounts were open in October 19%. In calculating ilia APR we will take into account the APRs on the credit account balances you have transferred from other lenders. This APR is available only if you provide proof, in the form of copies of your most recent billing statements, showing your other non-introductory APRs, Your new APR will lake effect in the b8lirg cycle following our review of your proof, but not earlier than the end of your introductory period. If we do not receive such proof your APR for custom Cash advances will be as follows: The ANNUAL PERCENTAGE RATE for custom cash advances is 23.3%, corresponding to a daily periodic rate of 0.06384%. The ANNUAL PERCENTAGE RATE fa cash advances is 23.3%, Corresponding to a daily periodic rate or 0.063846A. If your payment is received late twice in any 12-month period, or if you significantly increase your total unsecured debt (as explained in the CREDIT REVIEW paragraph), the APR for purchases may increase, but will hill exceed 18.9%, corresponding to a daily periodic rate of 0 05176%; and the APR for cash advances and custom cash advances may increase, but will not exceed 23.3%, corresponding to a daily penadc rate of 006384%. Your Account may be eligde for (ewer APRs offer you have met the terms of this Agreement for three months. If you contact us, we will review your Account to determine your eligibility for lower APRs. CREDIT REVIEW: SPECIAL REQUIREMENT. Your APR Can increase based on a significant increase in unsecured debt, ifyoa total unsecured debt and your total unsecured debt withother lenders each increases by more than $5,000 and your annual household income is less than four times your total unsecured debt. Grace Period for Purchase Balance. New purchases posted to your Account in billing cycles with no previous balance, or when the previous balance was fully paid during the cycle, do rot begin to incur a finance charge until the start of the next billing cycle. You will pay no finance charge on such new purchases if you pay the total new balance in full by the payment due dale shown on your statement. New purchases posted in any other bsl ing cycle Incur a finance charge, and there is no period in which such purchases may be repaid without mourning a finance charge. Fees. We will charge your Account up to SO for. each Card you ask us to replace; each returned payment check; each check you write on your Account that we return unpaid; each slop payment order or renewal of such an order, each tolling cycle within which your Account is delinquent (late charge); and each billing cycle within which your balance exceeds your credit line, even it our Accounl is closed. If yourequest copies of billing statements that were first sent to you more than three months earlier, we may charge a handling fee of S2 for each such copy. A ash advance HARGE, may be charged for each cash advance transaction made on your Account. tee of 3% (minimum $5), which is a FINANCE :11 Default You will be in default: if am/ information you provided us proves to be incomplete or untrue; it you do not comply with any part of this Agreement; upon you( death, bankruptcy, on imoHenty; if you do not ppaayy other debts when due, if a bankruptcy petition is filed by or against you; or if we believe in good faith that you may not pay or perform your obligations under M we may Agreement. If are in atelaull we may, without further demand or notice, cancel your credit privileges, declare your Account balance immediately due and payable, and use any remedy, have. In the eyou venl of your default. the outstanding balance on your Account shall continue to accrue interest at the APR(s) disclosed in the Finance Charges secuan or this Agreement, even if we have filed suit to collect the amount you awe. Credit Line. Your Credit line is specified from time to time in a separate notice. We may increase or decrease your credit line based on information we obtained from you or your credl records. Your available credit is normally the difference between your credt line and yyour Account balance (including transactions made at authorized but not yet posted). If you send us a large payment check, we may limit your available credit while we confirm that the check will clear. For certain transactions, available credilmaybeless You will not use your Account for, and We mayrefuse 16 honor, any transaction which would cruse 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 if the amount charged exceeds your permission), all other transactions and charges to your Amount. and collection costs we incur including, but not limited to, reasonable attorneys fees and court coils (If you win the suit, we will pay your reasonable allaneys fees and cad costs.) Changes. After we provide you any notice required will we may change any part of this Agreement and add aremove requirements. If a change is made to the Finance Charges section of this Agreement. the new fiance charge cakubtion will apply to your entire Account balance from the effective dale of the change. Changes will apply to balances that include items boded lovmf Aunt before the date the Changbefore the dale of the , and will apply whether offal you continue louse the Account_ Foreign Exchange/CurrencyConvenlon. Ifycif use your Card for transactions in a currency other than US. dollars, the transactions will be Converted to U.S dollars, generally usingeilher a(i) me yrovernment-mardated rate or (it) wholesale market rate in effect the day before the transachon is processed. increased by three ce¢ent (3%) :I a.:ecd s subsequently given fc(a transaction, d will be decreased by the same percentage The currency conversion rate used on the conversion date may offer from the rate in effect cn the mie you used your Card You agree to accepl the carve red amount m U.S. dollars The Card: Cancellation. You may cancel your creel privileges at any fume by naalymg u; in wnlmg and destroying the Carols) Umn the Card exovanon at the and ob;F._ month shown on it, we reserve the right not to renew the Card We may cancel the Card and your credit privileges at any time after 30 days notice to you cr wihout notice it permitted by law If your Card is cancelled or not renewed, finance charges and other fees will continue to be assessed, paymeirs will continue to be due, and all other applicable provisions of Ims Agreement will remain in effect If you terminate your credit privileges, or if.we cancel or do not renew the Card, you may no longer write checks on your Account, and you should destroy any unused checks we have issued loyou personal Information; Documents, You • ill provide us al least 10 days notice you change your name, home or mailing address telephone numbers, employment or income Upon our request, you will provide its additional financial information We reserve the right to obtain information from others, including crest gemming agences, and to provide your address and information about your Account to others We may also share information with our affiliates_ However you may write to us at any lima mstmcmn us not to snare credit information with our affiliates Ifyou do not klfill your obligations under this Agreement, a negative credit report that may renect on your treat may be suomnted to me 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 Personal Identification Number ('PIN', which provides access to Automated Teller Machines) and any checks issued to you from thefts and keeping your PIN separate from your Card If you discover or suspect that your Card, PIN, or any unused checks are lost or stolen, or that there may be an unauthorized transaction on your Account. you -mill cramptly licitly us by calling 1.800.977.7221 So •we can unmedwlety act to limn losses and aabiltry yeu will phone us even though you may also notify us in writing Your liability for unauthorized use occurring before you nohy us is limited to S50 If you report or we suspect unauthoized-sari your Account, we may suspend your credit privileges until we resolve the problem to our satisfaction or issue you anew Card Ifyour Cardislostor stolen, you will promptly destroy all checks in your possession. To improve customer service and security, you agree that your oils may be mommred or recorded Merchant Relations. We will not be liable if any person or Automated Teller Machine refuses to honor the Card or accept your checks, or fads to return the Card to you. We have no responsibility for goods and services purchased with the Card or checks except as required bylaw (See Special Rule below) Certain benefits that are available with the Account are provided by thtfdvny vendors. We are not responsible for the quality, availability, or results of any of the semces you choose to use Slop Payment Orders. If you wish to stop payment an a check, you may send us a stop payment order by writing to us at our address for customer service listed on your statement. You can make a stop payment order orally by calling the number listed on your statement. When you make a slop payment order, you must provide your Account number and specific information about he check: the exact amount, the date on the check, the name of the party to whom it was payable, the name or the person who signed it, and the check number. You will be asked to confirm an oral slop payment order in writing. We may disregard Your I order if we not re iv asigned wnttgn confirmation within two weeks after the oral order, of if we have not received an adequate description of the item so that payment can be stopped. he order will not be et ectnle i the check was paid by us before we had a reasonable opportunity to act an the order. We may, without liability, disregard a written slop payment order six months after receipt unless it is renewed in writing. Standard of Care. Because this Amount involves both credit card and check transactions which are processed through separate national systems before the transactions are consolidated by us. and because not every check and Card slip will be sent to us, transactions in your Amount will be processed mechanically without our necessarily reviewing every item. Our processingg system will call our attention to certain items which we will examine. We will examine all transactions when you report that your Card of checks have been lost or stolen. We do not intend ordinanty la examine all items, and we will not be negligent if we do not do so This rule establishes the standard of ordinary care which we in good faith will exercise in administering your Account. Because of our limited review, and because neither your cancelled checks nor Card transaction slips will be returned to you with the monthly statement, you should be careful to enter all checks in your check register or otherwise keep a record of them. You should also save your treat card cash advance and purchase slips You acre- to check your monihlv statements against your record and Io naliN us immediateN gf any unauthorized transactions or errors Waiver of Certain Rights. We may delay a waive enforcement of arty provlsan of this Agreement without losing our right to enforce it or any other provision later. You waive: the right to _ presentment, demand, protest, or notice of dishonor, any applicable stafute of Iimilations; and any right you may have to require us to proceed against anyone before we file suit against you. Applicable Law, Severabilli Assignment. No matter where you live, this Agreement and your Amount are governed by federal law and by New Hampshire law. This Agreement is a final expression of the agreement between you and us and may not be contradicted by evidence o any alleged oral agreement. If arty provision of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to conform to applicable law, and The rest of the provisions in the Agreement will still be enforceable. At any time after we determine in good faith that any proposed or enacted legislation, regulatory action, or judicial decision has rendered or may render any material provisions of this Agreement invalid or unenforceable, or impose any increased tax, reporting requirement, or other burden in connection with any such provision or its enforcement, we may, after at least 30 days notice to you, or without notice if permitted by law, cancel he Card and your Crest privileges. We may transfer or assign our right to all or some of your payments. If stale law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the states Secretary of State. Notices. Other notices to you shall be effective when deposited in the mail addressed to you at he address shown on our records, unless a longer notice period is specified in this Agreement a bylaw. which period shall start upon mailing. Notice to us shall be mailed to our address for customer service on your statement (oroher 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 about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us In Case al Errors or Questions About Your Bill. If you think your bill is wrong or if you need more information about any transaction an yourbill, write us on a separate sheet, at the address listed in the Billing Rights Summary on your bill. Write 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 a problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: -Your name and Amount number. - The dollar amount of the suspected error. - Describe he error and explain, if you can why you believe here is an error. If you need more information, describe the item you are not sure about. Your Rights and Our Responsibilities After We Receive Your Written Notice. We must acknowledge your letter within 30 days, unless we have corrected thee= by then. Within 50 days, we must either correct the error or explain why we believe the bill was correct. Alter we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can confine to bill you for he amount you question, including finance charges, and we can apply any unpaid amount against your credit line. You do hot have to pay any questioned ammnl 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 mistake on your bill, you will not have to pay any finance charge related to any questioned amount. If we didnl 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 enter case, we will send you a statement of he amount you owe and the date [hat it is due. If you fad to pay the amount we think you owe, we may report you as delinquent. However, 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 IHI 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 settled between us when it finally is. If we don't follow these hikes, we cael collect the first SW of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases. If you have a problem with the quality of the property or services that you purchased with our credit card and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. There are two limitations on this right: (a) you must have made the purchase in your home state, or if not within your home state, within i00 miles of your current mailing address; and (b) the purchase price must have been more than 550. These limitations do not apply if we own or operate the merchant, or if we mailed you he advertisement for the property or services. OF•FICs OF i IIE SHERIFF Oi;,,.;. Dec Z2 312 Fiji '93 E? j] J