HomeMy WebLinkAbout14-5571 Supreme C
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For Prothonotary Use Only:
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Civil oVer lfeet
Docket No:
7
CUPXE�ER�XNbv County Iq 6e
The information collected on this form is used solely for court administration purposes. This fibrin does not
supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action:
El Complaint n— Writ of Summons F] Petition
S F1 Transfer from Another Jurisdiction 0 Declaration of Taking
E
C Lead Plaintiffs Name: Lead Defendant's Name:
T FIA CARD SERVICES N.A. CHARDAN HUSTON
Dollar Amount Requested: x within arbitration limits
Are money damages requested? El Yes 0 No (check one) 13outside arbitration limits
0
N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? 0 Yes El No
A Name of Plaintiff/Appellant's Attorney:_ARTHUR LASHIN, ESQ.#23425
0 Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim,check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
r-11 Intentional El Buyer Plaintiff Administrative Agencies
Malicious Prosecution Debt Collection:Credit Card [3 Board of Assessment
Motor Vehicle Q Debt Collection:Other 0 Board of Elections
Nuisance E] Dept.of Transportation
E]Premises Liability 0 Statutory Appeal:Other
S E] Product Liability(does not include E3Employment Dispute:
E mass tort) Discrimination
0 Slander/LibeV Defamation 0 Employment Dispute:Other El Zoning Board
C 0 Other: Other:
T
1 0 Other:
Q
MASS TORT
r11 Asbestos
N [] Tobacco
[3 Toxic Tort-DES
0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
r1J Toxic Waste 0 Ejectment ril Common Law/Statutory Arbitration
B Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent rl Mandamus
0 Landlord/Tenant Dispute E]Non-Domestic Relations
M' Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LL4,BLITY 171 Mortgage Foreclosure:Commercial 0 Quo Warranto
rL1 Dental 0 Partition FL11 Replevin
0 Legal E] Quiet Title 0 Other:
0 Medical Other:
ril Other Professional:
Updated 11112011
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PEN?4SYLVAWA
LAW OFFICES OF
HAYT, HAYT & LANDAU, LLC
By: Arthur Lashin, Esquire
Identification No. 23425
123 S . Broad Street Attorney for Plaintiff
Suite 1660
Philadelphia, PA 19109-1003
(215) 928-1400
OUR FILE NO. 496959 CUMBERLAND COUNTY
FIA CARD SERVICES,N.A. COURT OF COMMON PLEAS
CIVIL DIVISION
655 PAPERMILL ROAD
NEWARK, DE 19711
Vs. TERM.
CHARDAN HUSTON
2205 CEDAR RUN DR EXT
CAMP HILL PA 17011 �q �7/ /
No.
CIVIL ACTION
"NOTICE "AVISO
"Youhave been sued in court. If you wish to defend against "Le han demandado a usted en la corte. Si usted quiere
the claims set forth in the following pages,you must take action defenderse de estas demandas expuestas en las paginas siguientes,
within twenty(20)days after this complaint and notice are served, usted tiene veinte(20)d[as,de plazo al patir de la fecha de la
by entering a written appearance personally or by attorney and demanda y la notificaci6n. Haoe falta asentar una comparencia
filing in writing with the court your defenses or objections to the escrita o en persona o con un abogado y entregar a la corte en
claims set forth against you. You are warned that if you fail to do forma escrita sus defensas o sus objeciones a las demandas en
so the case may proceed without you and a judgment may be en- contra de su persona. Sea avisado qua si usted no se defiende,la
tered against you by the court without further notice for any mon- corte tomara medidas y puede continuar la demanda en contra
ey claimed in the complaint or for any other claim or relief request- suya sin previo aviso o notificaci6n. Ademas,la corte puede
ed by the plaintiff. You may lose money or property or other rights decidir a favor del demandante y requiere que usted cumpla con
important to you. todas las provisiones de esta demanda. Usted puede perder dinero
IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE o sus propiedades u otros derechos importantes para usted.
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT "LLEVE ESTA DEMANDA A UN ABOGADO
MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO
ORNOFEE TIENE EL OINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA
OFICINA CUYA DIRECC16N SE ENCUENTRA ESCRITA
ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
CUMBERLAND COUNTY BAR ASSOCIATION ASISTENCIA LEGAL.
32 S BEDFORD STREET
CARLISLE PA, 17 013 T I I�, ?
800-990-9108 ~�
m 3 11364
r
File No.:
Reference No.:496959- 1
FIA Card Services,N.A., )
Plaintiff, )
V.
CHARDAN HUSTON, )
Defendant, )
COMPLAINT IN A CIVIL ACTION
1. FIA Card Services,N.A., formerly known as MBNA America Bank,N.A., is a
wholly-owned subsidiary of Bank of America Corporation. Bank of America,N.A.
(USA), the successor in interest to Fleet Bank (RI),N.A.,merged into and under the
charter and title of FIA Card Services,N.A. effective October 20, 2006.
2. At all times relevant hereto, the Defendant(s), CHARDAN HUSTON, was/were the
holder(s) of a credit card or other consumer finance account(the "Account"), which, at
the request of the Defendant(s),was issued to the Defendant(s)by the Plaintiff, FIA
Card Services,N.A., or a predecessor in interest, on or about 11/28/2009.
3. Defendant(s) accepted and did thereafter use or authorize the use of the Account for
the acquisition of goods, services, or cash advances in accordance with the customer
agreement("Agreement") governing use of the Account.
4. A true and correct copy of the last Account billing statement generated prior to
charge-off, as well as the Agreement, if available,have been attached hereto collectively
as Exhibit"A".
5. All credits to which the Defendant(s)is/are entitled have been applied to the Account
and there remains a balance due in the amount of$4062.09.
6. Plaintiff has made demand upon the Defendant(s)for payment of the balance due but
the Defendant(s)has/have failed and refused, and still refuses, to pay the balance due.
As such, the Defendant(s) is/are in default pursuant to the terms of the Agreement.
7. The last payment by the Defendant(s) on the Account was made on or about
05/01/2013.
8. It is the standard practice of the Plaintiff to change the account number for its
accounts at the time of charge-off. Prior to charge-off,the Account number for the
Defendant(s)was 5097. Subsequently,the Account number was
changed and is currently 176.
WHEREFORE, Plaintiff claims of the Defendant(s)the sum of$4062.09 plus applicable
court costs.
HAYT, HAYT/ES
BY:
ARTHUR ,
Attorney for Plaintiff
BankiAnlerkwif(Power Rawadsr Bankof fterlc a
Visa Signature®
CHARDAN HUSTON
Account Number: " 6097
October 3-November 2,2013
Account Information:
www.bankofamerica.com Payment Inf6rniati,onSummary
Mail billing Inquiries to: New Balance Total.....................................................................$4,062.09 Previous Balance........................$4,055.20
Bank of America Current Payment Due................................................................ . ..$90.00
Payments and Other Credits....................0.00
P.O.Box 982235 Past Due Amount..........................................................................$630.00 Purchases and Adjustments....................0.00
El Paso,TX 79®98-2235 Fees Charged................................... .....0.00
Mail payments to: Total Minimum Payment Due.............................. $720.00 Interest Charged...............................................6.89
.....................
Bank of America Payment Due Date................... *.'.','.'.'.*.'.'.'.'.*.'.'.*.*.'.*.'.'.*.".'.*.'12/l/13
P.O.BOX 15019 New Balance Total........................$4,062.09
Wilmington,DE 19888.5019 late Payment Warning:If we do not receive your Total Minimum Payment by
Customer Service: the date listed above,your APRs may be increased up to the Penalty APR of Total Credit Line............................$5,000.00
1.800.42L2110 29.99%. Cash Credit Line...........................$1,500.00
Total Minimum Payment Waming:If you make only the Total Minimum Statement Closing Date...................11/2/13
(L800.346.3178 TTY) Payment each period,you will pay more in interest and it will take you longer Days in Billing Cycle..................................31
to pay off your balance.For example:
II-you-111oko'no You v"111 payoff And vollv-.'il� end
Only the Total 3 years $4,185.81
Minimum Payment
If you would like information about credit counseling services,call
1-866300-5238.
Transactions
rransactlon Posting Reference Account
Date Date Description Number Number Amount rota/
Interest Charged
11/02 11/02 Interest Charged on Purchases 5,22
11/02 11/02 Interest Charged on Balance Transfers 1.67
11/02 11/02 Interest Charged on Dir Dep&Chk CashAdv
0.00
corNinued on next paQa...
5097
BANK OF AMERICA Account Number: 5097
P.O.BOX 15019
WILMINGTON,DE 198SM019 .. $4,062.09
New Balance Total............................. .....................
TotalMinimum Payment Due.................................................720.00
Payment Due Date.......................................................12/01/13
CHARDAN HUSTON Enter payment amount
2205 CEDAR RUN DRIVE EXT APT a - �
CAMP HILL PA 17011-7460Me
Check here fora charVe of mat/6rgaddress aahone numbers.
Please Provide e//caracdons on Me reverse side.
Mali this coupon along with your check payable to:Bank of America
5097111
IMPORTANT fNFORMATION ABOUT THIS ACCOUNT USE811 Rev.OW31
CUSTOMER TIPS FOR DISPUTED ITEMS
Many times disputed Burges are legitimate charges that customers may not recognize ONLINE
or remember.Before disputing a charge,we recommend that you verify a few things and make Online Banking Is available 24 hours a day,7 days a week and
every effort to resolve the dispute with the merchant Often the merchant can answer your allows you to view the most recent activity on your account
questions and easily resolve your dispute.The merchant's phone number may be locate on your
receipt or billing statement PHONE
•Has a credit posted to your amount? (� 1.866.266.0212
Please allow up to 30 days from the date on your credit voucher or acknowledgement letter ' '), For prompt service,please have the merchant reference numbers)available
for the merchant credit to post CCCJJJ for the charge(s)in question.
•is the charge or amount unfamBlar?
Check with other persons authorized to use the account to make sure they did not make
the charge.It is possible that the merchants'billing names and store names are different or !
amounts can easily be confused with similar charges or include tips. Ater Billing inquiries PO Box 982235,8 Paso,TX 79998
One way to check for the credits or to view transaction details Is to look at your account When wdtin&please include Your Name,Amount Number,the Disputed
statements online.If you are not enrolled in Ondine Banking,It Is easy to enroll using the web Amount,Merchant Name,Transaction Date,and reference number of
address on the front of your statement or give us a call. the disputed item and specific details regarding your dispute,induding dates
Please remember.M you find an error on your bill,you mad notify us no later than of contact with the merchant and the merchants response in each instance.
60 days after we sent your Rrst statement on which the error or problem appeared Please indude all supporting documentation,Including sales and credit
to preserve your billing rights, vouchers,contract and postage return receipts as proof of any returns.
PAYING INTEREST TOTAL INTEREST CHARGE COMPUTATION
We will not charge interest on Purchases on the next statement if you pay the New Balance Interest Charges accrue and are compounded on a daily basis.To determine the Interest
Total in full by the Payment Due Date,and you had paid in full by the previous Payment Due Date. Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Periodic Rate
We will begin charging interest on Balance Transfers and Cash Advances on the transaction date. and that result is multiplied by the number of days In the billing cycle.To determine the total
CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Interest Charge for the billing cycle,we add the Periodic Rate Interest Charges together.A Daily
Average Daily Balance Method(including new Purchases): Periodic Rate is calculated by dividing an Annual Percentage Rate by 365.
We calculate separate Balances Subject to an Interest Rate for Purchases and for each HOW WE ALLOCATE YOUR PAYMENTS
Introductory or Promotional Offer balance consisting of Purchases.We do this by:(1)calculating Payments are allocated to posted balances.If your account has balances with different APRs,
a daily balance for each day in the billing cycle;(2)adding all the daily balances together,and(3) we will allocate the amount of your payment equal to the Total Minimum Payment Due to the
dividing the sum of the daily balances by the number of days in the billing cycle. lowest APR balances first(Including transactions made after this statement).Payment amounts
To calculate the daily balance for each day in this statement's billing cycle we:(1)take the in excess of your Total Minimum Payment Due wit be applied to balances with higher APRs
beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate multiplied by before balances with lower APRs,
the previous day's daily balance;(3)add new Purchases,new Account Fees,and new Transaction IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE
Fees;and(4)subtract applicable payments and credits If any daily balance is less than zero we When usingthe iteral
treat it as zero, optional Pay-by-Phone service,you authorize us to initiate an electronic
payment from your account at the financial institution you designate.You must authorize the
Average Balance Method(including new Balance Transfers and new Cash Advances} amount and timing of each payment for your protection,we will ask for security information.A
We calculate separate Balances Subject to an Interest Rate for Balance Transfers,Cash fee may apply for expedited service To cancel,tali us before the scheduled payment date Same-
Advances,and for each Introductory or Promotional Offer balance consisting of Balance Transfers day payments cannot be edited or canceled.
or Cash Advances.We do this by:(1)calculating a daily balance for each day in this statement's YOUR CREDIT LINES
billing cycle;(2)calculating a daily balance for each day prior to this statements billing cycle The Total Credit Line is the amount of credit available for the account;however,only a
that had a'Pre-Cyde balance'—a Pre-Cycle balance is a Balance Transfer or a Cash Advance portion of that is available for Bank Cash Advances.The Cash Credit Line is that amount you have
with a transaction date prior to this statements billing cycle but with a posting date within this available for Bank Cash Advances.Generally,Bank Cash Advances consist of ATM Cash Advances,
statement's billing cycle:(3)adding all the daily balances together;and(4)dividing the sum of Over the Counter(0TC)Cash Advances,Same-Day Online Cash Advances,Overdraft Protection
the daily balances by the number of days in this statement's billing cycle. Cash Advances,Cash Equivalents,Returned Payments,and applicable transaction fees.
To calculate the daily balance for each day in this statement's billing cycle,we:(1)take the MISCELLANEOUS
beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate multiplied by the "Promotional Rate End Date:This date is based on a future statement closing date
previous day's daily balance;(3)add new Balance Transfers,new Cash Advances and Transaction If you change your payment due date,this date could charge.Transactions must meet offer
Fees;and(4)subtract applicable payments and credits.If any daily balance is less than zero we conditions in order to qualify for the promotional rate.
treat it as zero. For the complete terms and conditions of your account,consult your Credit Card Agreement
To calculate a daily balance for each day prior to this statement's billing cycle that had a FIA Card Services is a tradename of FIA Card Services,NA This account
Pre-Cycle balance;(1)we take the beginning balance attributable solely to Pre-Cyde balance is issued and administered by FLA Card Services,NA
(which will be zero on the transaction date of the first Pre-Cycle balance);(2)add an amount
equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance;(3)and
add only the applicable Pre-Cycle balances and their related Transaction fees.We exclude from
this calculation all transactions posted in previous billing cycles,
PAYMENTS
We credit mailed payments as of the date received,if the payment is:(1)received by 5 p.m. If year biBleg address or contain information has changed!,or if your address is
local time at the address shown an the remittance slip on the front of your monthly statement Incorrect as n appears on tris bill,please provide all corrections here.
(2)paid with a check drawn in U.S.dollars on a U.S.financial institution or a US.dollar money
order;and(3)sent in the return envelope with only the remittance portion of your statement
accompanying it Payments received by mail after 5 pin local time at the remittance address Address 1
on any day Including the Payment Due Date,but that otherwise meet the above requirements,
will be credited as of the next day.Payments made online or by phone will be credited as of the
date of receipt if made by 5 p.m.Central.Credit for any other payments may he delayed up to Address 2 p
file days
No payment shall operate as an accord and satisfaction without the prior written approval of
one of our Senior Officers City
We process most payment checks electronically by using the information found on your
chedc Each check authorizes us to create one-time electronic funds transfer(or process it as
a check or paper draft).Funds may be withdrawn from your account as soon as the same day State Zip
we receive your payment Checks are not returned to you.For more information or to stop the
electronic funds transfers,call us at the number listed on the front. Area Code&
if you have authorized us to pay your credit card bill automatically from your savings or Home Phone
checking account with us,you can stop the payment on any amount you think Is wrong.To stop
payment,your letter must reach us at least three business days before the automatic payment is Area Code&
scheduled to occur. Work Phone
BankAmericard)PewerRewmds• Bankof America
Visa Signature®
5097
October 3-November 2,2013
Page 3 of 4
Transacti
ns continued
Transaction •Rbng Aeference Account
Date Data Desor4pdon Number Number Amount Tote/
Interest Charged
11/02 11/02 interest Charged on Bank Cash Advances 000
TOTAL INTEREST FOR THIS PERIOD $889
.2013 Totals • i
Total fees charged in 2013 $0.00
Total interest charged in 2013 $75.83
Interest Charge Calculation
Your Annual Percentage Rate(APR)is the annual interest rate on your account.
Annual Promotional Promotional Promotional Balance Interest
Percentage Transaction Offer ID Rate Until Subject to Charges by
Rate Type Interest Transaction
Rate Type
Purchases 2.00% $3,074.74 $5.22
Balance Transfers 2.008 $ 983.80 $1.67
Direct Deposit and Check Cash 2.008 $ 0.00 $0.00
Advances
Bank Cash Advances 2.008 $ 0.00 $0.00
• BANXMMRICARD POWER REWARDS
0 EARNED THIS MONTH
0 BONUS POINTS THIS MONTH
0 REDEEMED THIS MONTH
2,121 TOTAL AVAILABLE
VISIT $ANROFAMERICA.COM/POWERRHWARDS
FIA Card Services,N.A., )
Plaintiff, )
V. )
CHARDAN HUSTON, )
Defendant, )
VERIFICATION
The undersigned does hereby verify, subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities, that he/she is an authorized agent of
FIA Card Services, N.A., the Plaintiff herein, that he/she is duly authorized to make this
Verification, and that the facts set forth in the Complaint in this civil action are true and
correct to the best of his/her knowledge, information and belief.
Dated: JUL 2 8 2014
Affiant Name (Printed): Cristina Ordonez
Affiant Name (Signature): �►
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson r,r ED -OFFICE.
Sheriff THE PROTHONOJARI
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
F THE:SHERIFF
7.011i OCT 24 PM 3:35
PENNSYLVAN
PENNSYLVANIA
FIA Card Services, N.A.
vs.
Chardun Huston
Case Number
2014-5571
SHERIFF'S RETURN OF SERVICE
10/22/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Chardun Huston, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Served" at 2205
Cedar Run Drive Ext Apt B, Lower Allen, Camp Hill, PA 17011. Six attempts at service were made but
deputies were unable to make contact with anyone to effectuate service before the Complaint expired.
SHERIFF COST: $54.40 SO ANSWERS,
October 22, 2014 RONNY R ANDERSON, SHERIFF
c? CountySuite Sheriff, Teleoseft, Inc.