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HomeMy WebLinkAbout01-3532 . 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS. ROBERT J DEMARTYN Defendant NOTICE: NO. 01 - ~SJ~ Cj()tt~ 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 obj ections to the claims set forth against you. You are warned that if you fail to do SOl 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 I OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE I PA 17013 (717)249-3166 (800) 990-9108 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 ACT#:4217393000440511 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS ROBERT J DEMARTYN 21 HOMESTEAD LN ENOLA, PA 17025-1016 DEFENDANT 3"-32 /J"I'~ NO. .~}I. J ~ CIVIL aCTION 1. The Plaintiff, PROVIDIAN NATIONAL BANK, is a national banking association organized and existing under and by virtue of the laws of the United States of America. Plaintiff solicits and maintains consumer credit accounts in Pennsylvania and is the owner of this account, which is the subject matter of this action. 2. The Defendant, ROBERT J DEMARTYN, has a mailing address at 21 HOMESTEAD LN, ENOLA, PA 17025-1016, . 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 4217393000440511. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 4. The Defendant requested an account, account number 4217393000440511, which is owned by the Plaintiff, and an Account Agreement was sent to the Defendant. A copy of the Agreement is attached hereto as Exhibit "A" and made a part hereof. 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 $6,228.03 as of 04/28/2001, plus pre-judgment contractual interest at the rate of 23.90% 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 $1,059.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $6,228.03, plus pre-judgment interest at the contractual rate of 23.90% per annum from 04/28/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,059.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT I- ALTERNATIVE 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 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 $6,228.03, plus pre-judgment interest at the contractual rate of 23.90% per annum from 04/28/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,059.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY, ~/1 ~ VALERI 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 ORDER FOR SERVICE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. .AI I, VERIFICATION DELORES CHARLES , declare that: 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 at Alameda County, in the State of California. 1,~ Date Designated Agent '"PROVIDIAN 1\ ~VI-IIBIT.._____, --_JJ___ Providian National Bank VISA@or MasterCard@ Account Agreement for Robert J Demartyn January 19, 2001 Please review this document and keep it with your other important papers. This Account Agreement contains the terms which govem your Providian National Bank VISA or MasterCard Account (the "Account"). The Account allows you to make purchases by using your VISA or MasterCard card (the "Card') wherever it is honored and to get cash advances from us or any other participating financial institution and from Automated Teller Machines. Convenience checks may also be Rrovided to you as an additional way to use the Account. In this Agreement, 'you" and 'your' mean each person for whom we have opened a credit card Account. "We,' "our," "ours..!" and "us" mean Providian National BanK or its assignees, as ~sted on your billing statement. The Account may be used only for ~rsonal, family! householu, and charitable purposes, and not for any business or commercial purpose. Any use of this Account shall constitute acceptance of the terms of lhis Agreement. You and we agree as follows: Payments. You will receive 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 the bank the check is drawn on). for at least the payment due as shown on your statement by the payment due date in accordance wi(h payment instructions on your monthly statement. The back of your statements shows the rules we follow when we ppst payments. Convenience checks and other checks we issue to you melY 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 due win be: 2% of the new balance shown on your statement plus the amount of any past due payment, and may include the amount 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 $15, in which case the payment due will be the amount of the new balance}. If your Account is past due or above lhe creClit line, we may require a higher minimum payment, but we will notify you before doing so. If your payment is more than the payment due it will be treated as a single payment and none of it will be appli.ed to future payments cue. We may acc~pt late or partial payments, or payments marked ~paid in full" or marked with other restrictions, without losing our nght to collect all amounts oWing uncer thiS Agreement. Finance Charges. Except as described in the Grace Period for Purchase Balance section of this Agreement finance charges begin to accrue on a debit when it is incluaed in one of your daily 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 services; one or more Custom Cash Affitance Balances. which consists of balances that you transfer to your Account using balance transfer checks and balances that we transrer TOr you; ana me l;asn Aavance Balance which consists of all other cash advances and cash aClvance transaction fees. Any Qayment amount we receive (hat exceeds me Mance Charges ana fees then due will ordinarily be applied first to the Balance with the lowest Annual Percentage Rate (APR), until that Balance is zero, and then fo 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 differently 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. Custom casti advances are included in your Custom Cash Advance Balance as follows: funds electronicaHy transmitted to other lenders to transfer balances, as of the date transmitted; cheCKS to transfer balances, as of the date presented to us. Other casti advances are included in your Cash Advance Balance as follows: cash advances from other financial institutions and through Automated T ellers, as of the date made; cash advance checks made payable to you that are identified as cashier's checks and mailed to you at your request, as of seven days after the date we print on the chec~ all other checks, as of the date presented to us. Other debits are included in your Purchase, Custom Cash Advance or Cash Advance Balance as of the aate posted. Finance cha~s 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 is no grace period for custom cash advances or other cash advances. To figure the daily finance charge for each type of Balance, we start with your previous day's Balanc~ add all debits and subtract all credits for the current day and multiply the net amount by the applicable daily wnodic rate (see following parag(aphs). The Ilnance 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 ttie finance charges for each type of Balance for each day within the billing cycle. In calculating finance charges, an adiustment win be made for any transaction or payment that would have affected the finance charge calculation in a prior billing cycle nad it been posted in tha1 cycle. The applicaqle daily periodic rate for such a transaction will be the rate in effect for the current billing cycle rather than the rate in effect on the date of the transaction. Your statement includes an average daily balance for each tvoe 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 defermine your total finance charges on balances for the billing cycle. If a cash advance transaction fee is charged, that amount is also a finance cnarge. 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 palendar month. Any. increase or decrease i[1 ~he Annual Percentage Rate will take 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. The ANNUAL PERCENTAGE RATE (APR) for purchases is 21.9%, corresponding to a daily periodic rate of 0.06000%. The ANNUAL PERCENTAGE RATE for custom cash advances is 21.9%, corresponding to a daily periodic rate of 0.06000%. The ANNUAL PERCENTAGE RATE for cash advances is 21.9%, corresponding to a daily periodic rate of 0.06000%. If we receive your Account payment late 2 or more times in any 6-month ceeriod, on each such occurrence we may increase the APR for purchases up to a maximum of 23.90% (corresponding to a daily periodic rate of 0.06548~) and increase the APR for cash adVances and custom cash advances up to maximum of 23.90% (corresponding to a daily periodic rate of 0.06548%). If after you receive the higher rates your payments are received on time and you meet all other terms of this Agreement for 3 consecutive months, you may contact our Customer Service department and, at your request, we will review your Account for a possible APR reduction. Grace Period for Purchase Balance. New purchases posted to your Account in billing cycles with no p'revious balancer. or when the previous balance was fully paid during the cycle I do not begin to incur a finance charge until the start of the nexrbilling cycle. You will pay no nnance charge on such new purcliases if you pay the total new balance in full by the payment due date shown on your statement. New purctiases posted 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 may charge your Account $0 for: each Card you ask us to replace; each retumed payment; each check you write on your Account that we retum unpaid; each stop payment order or renewal of such an order; each billing cycle within which your Account is delinquent (late charge); and each billing cycle within which your oalance exceeds your credit line (overfimit fee), even if your Account is closed. If you request copies of billing statements that were first sent to you more than three months earfier, we may charge a Handling fee of $2 for each such copy. If you request that we make a one-time automatic payment from your personal checking account, we may charge your creait card account a fee of $4.95 for each request. This fee is a FINANCE CHARGE, ana it will apply regardless of whether funds are available in your personal checking account to make the payment. We may charge a transaction fee of 3% (minimum $5), which is a one-time FINANCE CHARGE, on the amount of each cash advance, including cash from (Continued on reverse) (5846-0698) 4217393000440511 1554 013 TS028 financial institutions, and ATMs, wire transfers, money orders, lottery tickets, casino gaming chips, and similar transactions. Default. You will be in default: if any information y'ou provided us proves to be incomplete or untrue; if you do not comply with any part of this Agreement; upon your death, bankruptcy, or insorvency; if y.ou ao not pay other eebts when due; if a bankrup.tcy petition is filed by or against you; or if we believe in good faith that you may not payor perform your ooligations under this Agreement. If you are in default we may, without furtner demand or notice, cancel your credit priVileges, declare your Account balance immediately due and payable and use any remegy we may have. In the event of your default, the outstanding oalance on your Account shall continue to accrue interest at the APR(s) disclosed In the Finance Charges section of this Agreement, even If we have filed suit to collect the amount you owe. Credit Line. Your credit line is specified from time to time in a separate notice. Your monthly statements show your credit line and the amount of y'our available credit. We may increase or decrease your credit line based on information we obtained from you or your credit records. Your available creait is normally the difference between your credit line and your Account balance (including transactions made or authorized but not yet posted). If you send us a large Rayment check, we may limit your available credit while we confirm that the check will clear. For certain transactions, available credif may be less. You will not use your Accounf 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 if the amount charaed exceeds your permission), all other transactions and charges to your Account, and collection costs we incur including I but not limited to, reasonable attomey's fees and court costs. (If you win the suit, we will pay your reasonable attorney's fees and court costs.) Changes. After we p'rovide you any notice required by law, we may change any part of this Agreement and add or remove requirements. If a change is made 10 the Finance Charges section of this Agreement, the new finance cnarge calculation will apply to your entire Account balance from the effective aate of th.e change. Chan~es Will apply to balances that include items posted to your Account before the date of the change I and will apply whether or not you continue to use the A"ccount. Foreign Exchange/Currency Conversion. If you use your Card for transactions in a currency other than U.S. dollarsbthe transactions will be converted to U.S. aollars, generally using either a (i) government-mandated rate or (ii) wholesale market rate in effect the day efore the transaction is processed, increased by three percent p%). If a credit is subsequently given for a transaction, it will be decreased by the same percentage. The currency conversion rate used on the conversion date may differ from the rate in effect on the date you used your Card. You agree to accept tt'ie converted amount in U.S. dollars. The Cardj Cancellation. You may cancel your credit privileaes at any time by. notifying us in writing and destroying the Card(s). Upon the Card e1<Piration at the end 01 the month shown on it, we reserve the riglit not fo renewlhe Carel. We may cancel the Card and your credit priVileges at any time after 30 days notice to you or without notice if permitted by law. lf y'our Card is cancelled or not renewed, finance charges and other fees will continue to be assesseCl, payments will continue to be due, and all other applicable provisions of this 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 Issuecfto you. Personal Information; Documents. You will provide us at least 10 days notice if you change your name, home or mailing address, telephone numbers, employment or income. Upon our request, you will provide us additional financial informalion. We reserve the right to obtain informalion from others, including credit reporting agencies ana 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 time Instructing us not to share credit information with our affiliates. If you do not fulfill your obligations under this Agreement, a negative credit report that may reflect on your credit may be submitted to the 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 Personalldentificaiion Number ("PIN", which provides access to Automated Teller Machines) and any checks issued to you from theft, 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 will promptly notifY us by canin.Q 1-800-933-7221. So we can immediately act to limit losses and liabihtyi you will phone us even though you may also notify us In writing. You will not be liable for unauthorized use occurring before you notify us of a loss or thelt If you report or we suspecf unauthonzed use of your Account, we may suspend your credit privileges until we resolve the problem to our satisfaction or issue you a new Card. If your Card is lost or stolen, you will promptly destroy all checks in your possession. To improve customer service and security, you agree that your calls may be monitored or recorded. Merchant Relations. We will not be liable if any person or Automated Teller Machine refuses to honor the Card or accept your checksh or fails to return the Card to you. We have no resp'onsibilitv for gooes and services purchased with the Card or checks except as required by law. (See "pecial Rule below.) Certain l5e(1efits that are available with the Account are provided by third-party vendors. We are not responsible for the quality, availability, or results of any of the services you choose to use. . . Stop Payment Orders. It 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 statement. You can make a stop payment order orally by calling the numoer listed on your statement. When you make a stop 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 il 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 may disregard your oral order if we do not receive a signed written confirmation within two weeks after the oral order, or If we have not received an adequate descnption of the item so that payment can be stopped. The order will not be effective if the check was paid by us before we had a reasonable opportUnity to act on the order. We may, without liability, disregard a written stop payment order six months after receipt unless it is renewed in writing. 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 will call our attention to certain items Which we will examine. We will examine all transactions when you r~ort that your Card or checks have been lost or stolen. We do not intend ordinarily to examine all items, and we will not be negligent if we do not do so. This rule establishes the standard of ordina[Y 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 slipll will be retumed 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 credit card cash advance and purchase slips. You agree to check your monthly statements against your record and to notify us immediately of any unauthorized transactions or errors. Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision lat~r. You waive: the ~ght to presentment, demanq! pro~est, or notice of dishonor; any applicable statute of limitations; and any right you may have to reqUire us to proceed against anyone before we file SUll against you. Applicable Law' Severability; Assignment. No matter where you live, this Agreement and your Account are govemed 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 contraaicted by evidence of any alleged oral agreement. If any 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 p'roposed 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 the Card and your Credit privileges. We may transfer or assign our right to all or some of your payments. If st~te law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you sucfi notice by filing a financing statement With the state's Secretary of State. Notices. Other notices to you shall be effective when deposited in the mail addressed to you at the address shown on our records, unless a longer notice . PROVIDIAN period is specified in this AQreement or by law, which period shall start upon mailing. Notice to us shall be mailed to our address for customer service on your statement (or other 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 of Errors or Questions About Your BiI/. If you think 'Lour bill is wrong or if you need more information about any transaction on your bill, 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 or 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 Account number. -- The dollar amount of the suspected error. -- Describe the error and explain I if you can why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your checking account, you can stop' the payment on any amount you think is wrong. To stop the payment, your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Resp.cmsibilities 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 0111 was correct. After we receive your letter, we cannot try to collect any amount you ques ion, or 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 whne we are investigating, but you are slill obligated to pay ttie 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 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. If you fail to pay the amount we think you owe, we may report ~ou as delinquent. However, if our explanation does not satisfy you and you write to us within 10 days tening us that you still refuse to pay, we must tell anyone we r~ort you to that you !=luestion 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 rules, we can't collect the first $50 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 tiave 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, witFlin 100 miles of your current mailing address; and .(bj the purchase price must hqve been more than $50. These limitations do not apply if we own or operate the merchant, or if we malleayou the advertisement for the property or services. TS028 ~XHIBIT ----A t-f~ I t ,'~'l/ ?:J) · (fiN, t1'9 I fJf):;l F () ~ ~ ~ {g. f ..c Ytti-tC> ~ ~ C58~ OJ J0 4.; Ie> Q'- C) ~l/j ~ 0' t t '--C... o c -=~ -0 (,or' rr\f~' ~5-,; -<....-.--.. ~G "5>0 ~() Pc:. ~ o , ~ c:': -........ I _J o -'n :-'1 ,,\D .(1''\ ....,..., :~';~1 8 -- . ..-.-\ r1 ,;:') C/) ?j 111 ~ -< '12 OJ Park Law Associates, P. C. 25 East State Street P. O. Box 1779 Doylestown, PA 18901 } } } } } } } } } Providian National Bank 295 Main Street Tilton, NH 03276 VS. Robert J De Martyn 21 Homestead Lane Enola, P A. 17025 1 . Agreed 2. Agreed 3. Agreed 4. Contest 5. Contest Cumberland County Court of Common Pleas Civil Division No. 01-3532 Civil Term ANSWER TO THE CIVIL ACTION The first three (3) pages of Exhibit A, in my opinion are disputable. Only the last page entitled Member Request Certificate with the date August 22, 1994 and bearing my Signature is believed to be part of my contract with Providian Bank. After talking with a representative of The Commonwealth of Pennsylvania Department of Banking, I now understand that there are virtually no credit card laws protecting consumers against banks like Providian National Bank who come to Pennsylvania because of no credit card laws. This bank has changed my contract multiple times since 1994 and said in short, If you don't like it then pay up. The same with the interest rate. Although my last payment of $140.00 was late and after receiving the payment, Providian Bank canceled my card unjustly. From February of 1997 to August of 2000 (Please see Exhibit "A") I had made monthly payments totaling over $7300.00. The interest rate was unjustly high and raised with out good cause (Please see Exhibit "B") from time to time, but I needed a credit card so I payed the monthly payments and Providian Bank enjoyed the Interest income. If Providian Bank would not have unjustly canceled my card I would still be paying the payments and Providian Bank would still be enjoying the Interest Income and we would not be tacking up time in court now. 6. Contest Since the credit card was canceled unjustly the amount of indebtedness should be $5292.35 without additional interest. In Addition, Providian National Bank has used unreasonable and unjust ways to charge credid card customers moneys. To prove this I am now named in a class suit in the Superior Court of the state of California in and for the county of San Francisco preceeding No. 4085 In Re Providian Credit Card Cases. The case was heard by The Honorable Stuart R. Pollak, Judge of The San Francisco Superior Court and ruled in favor of the Plaintiff (class members) for $105 Million. EXHIBIT "c" 7. Contest If the card was not canceled there would not be any attorney's fees. WHEREFORE, Defendant respectfully requests this court to allow Defendant to repay his reasonable and just debt of $5292.35 in payments reasonable to Defendant's income and with no accruing interest or court costs involved. DATE: ~ I ~/l.Oo' ~jlO 6/29101 Num 687 701 718 735 746 764 783 798 814 1025 1059 1000C Date 2/16/97 3/24/97 4/17/97 5/18/97 6125/97 7f2.4/97 9/8/97 10/8/97 11/14/97 2/19/98 4/1/98 1/3/98 Payee Providian National Bank Providian National Bank Providian National Bank Providian National Bank Providian National Bank Providian National Bank Providian National Bank Providian National Bank Providian National Bank Providian National Bank Providian National Bank Providian National Bank GRAND TOTAL __.______.__ Num 1025 1059 1072 1087 1103 1118 1137 1144 i154 1174 1000C GRAND TOTAL Date 2/19/98 4/1/98 5/9/98 6/10/98 7/9/98 8/15198 9/26/98 10/18/98 11 f2.4198 12120198 1/3/98 Payee Providian National Providian National Providian National Providian National Providian National Providian National Providian National Providian National Providian National Providian National Providian National EXHIB,IT "A" Category Credit Card: Monthly Payment Credit Card: Monthly Payment Credit Card : Monthly Payment Credit Card: Monthly Payment Credit Card : Monthly Payment Credit Card: Monthly Payment Credit Card: Monthly Payment Credit Card: Monthly Payment Credit Card: Monthly Payment Credit Card: Monthly Payment Credit Card : Monthly Payment Credit Card : Monthly Payment Category Credit Card: Mont Credit Card: Mont Credit Card: Mont Credit Card: Mont Credit Card: Mont Credit Card : Mont Credit Card: Mont Credit Card: Mont Credit Card: Mont Credit Card: Mont Credit Card : Mont Page 1 Amount (35.00) (400.00) (35JXl) (50.00) (50.00) (100.00) (160.00) (70.00) (100.00) (150.00) (400.00) (200.00) (1,750.00) Amount (150.00) (400.00) (250.00) (200.00) (200.00) (250.00) (200.00) (200.00) (200.00) (200.00) (200.00) (2,450.00) Num 1192 1194 1215 1247 1257 1276 1295 1300 1305 1332 1347 1363 1372 GRAND TOTAL Date 2/18/99 2122199 3/12/99 4/23199 5/8/99 6/21/99 8/1/99 8/18/99 9/2/99 10/14/99 11/11/99 12f2.0/99 1/18/00 Payee Providian National Providian National Providian National Providian National Providian National Providian National Providian National Providian National Providian National Providian National Providian National Providian National Providian National -- Num-------- Uate 1395 2/18/00 1415 ~ 1433 4120100 1458 5/16/00 1494 7/8/00 1515 8/14/00 1528 8130100 GRAND TOTAL I'ayee Providian National Providian National Providian National Providian National Providian National Providian National Providian National Account Balance History All Accounts Account OLD Check Banking OLD Check Banking OLD Check Banking OLD Check Banking OLD Check Banking OLD Check Banking OLD Check Banking OLD Check Banking OLD Check Banking New Checking Account New Checking Account Temperary Checking Account New Checking Ace New Checking Act. New Checking Act. New Checking Ace. New Checking Ace New Checking Ace. New Checking Ace New Checking Ace. New Checking Ace. New Checking Ace. Temperary Checki Account Keystone Finical Keystone Finical Keystone Finical Keystone Finical Keystone Finical Keystone Finical Keystone Finical Keystone Finical Keystone Finical Keystone Finical Keystone Finical Keystone Finical Keystone Finical Account M&TBank M&TBank M&TBank M&TBank M&TBank M&TBank M & T Bank Category Credit Card: Mont Credit Card: Mont Credit Card: Mont Credit Card: Mont Credit Card: Mont Credit Card: Mont Credit Card: Mont Credit Card: Mont Credit Card: Mont Credit Card: Mont Credit Card: Mont Credit Card: Mont Credit Card: Mont \;ategory Credit Card: Mont Credit Card: Mont Credit Card: Mont Credit Card: Mont Credit Card: Mont Credit Card : Mont Credit Card : Mont Amount (120.00) (400.00) (200.00) (150.00) (150.00) (150.00) (150.00) (100.00) (150.00) (200.00) (200.00) (200.00) (60.00) (2,230.00) Amount (150.00) (150.00) (115.00) (130_00) (100.00) (100.00) (140.00) (885.00) MESSAGES FROM VISA GOLD EXHIBIT "B" THANK YOU FOR YOUR BUSINESS. TRANSACTIONS Post Date Description 01-13 PAVf1ENT RECEIVED -- THANK YOU 01-20 AOL*SERVICE 01'8 800-827-6364 VA Transaction Date 01-13 01-19 Amount 200.00 PY 19 . '5 ACCOUNT SUMMARY CUSTOMER SERVICE PHONE NUMBER PAYMENT INFORMATION Previous Balance 54,135.52 1-800-766-4188 NEW BAlANCE 54.645.29 - Credits .00 Credit Une $5,000 . Payments 200.00 Available Credit $354 + Purchases & Account Number 4217 3930 0044 0511 Minimum Pa~t $93.00 other Charges 19.95 Payment Due Date 02n1198 + Cash Advances .00 + FINANCE CHARGE 89.82 Average ANNUAL Daily Statement Date + Late Charge .00 Type of Balance Daily PERCENTAGE Periodic 01/27/98 = NEW BALANCE 54,645.29 Balance RATE Rate Purchase $3,955.74 21.90% .0600% 32 Days In Cash Advance $722.46 21.90 0/. .0600% Billing Cycle ??0oooooo 1554 151. -~. - - ---. -. -.'-_.. - - - - -- -.-.- - --- -- _.- - - -~ --_.. -..--- -_.- .-- --.- --- -'- _..- -" ---.-... - - ---..- - - - - -'- - - - - _.- -. - --- - -- MESSAGES FROM VISA GOLD THANK YOU FOR YOUR BUSINESS. TRANSACTIONS Post Date Description 02-03 ECKERD DRUG 16230 CAMP HILL PA 02-04 INTUIT -INTUIT 800-523-03'7 CA 02-0' LOWE"S .405 HECHANICBURG PA 02-1' AAA CENTRAL PENN-R CAMP HILL PA 02-20 lOL-SERVICE 02'8 800-827-6364 VA 02-23 PAVf1ENT RECEIVED -- THANK YOU 02-23 HARDING S CAMP HILL PA Transaction Date 02-01 02-03 02-06 02-18 02-19 02-23 02-20 Amount 24.10 26.45 20.'4 10.00 1'.'5 150.00 PV 63.42 ACCOUNT SUMMARY CUSTOMER SERVICE PHONE NUMBER PAYMENT INFORMATION Previous Balance 54,645.29 NEW BALANCE $4,750.34 . Credits .00 1-800-766-4188 Credit Une $5,000 . Payments 150.00 Available Credit $249 + Purchases & Account Number 42173930 0044 0511 Minimum Payment $105.00 other Charges 164.86 Payment Due Date 03122198 + Cash Advances .00 Average ANNUAL Daily Statement Date + FINANCE CHARGE 90.19 + Late Charge .00 Type of Balance Daily PERCENTAGE Periodic 02/25/98 = NEW BALANCE 54,750.34 Balance RATE Rate Purchase 54,028.29 23.90% .0655% 29 Days in Cash Advance $121.46 23.90,". .Cl655 '". Billing Cycle ??0oooooo 1554 0184 Robert .1. DemartYll 21 Homestead Ln. Enola, PA 17025-10 16 11111111111111111111111111111111111111111111111111111111111111 EXHIBIT "e" June 13, 2001 Acct. # 4217-3930-0044-0511 Dear Robert .1. Demartyn: Providian's records show that you may be entitled to receive money and/or otller benefits under a proposed class action settlement. PLEASI<; READ '1'1 IE ENCLOSED NOTICE CAREFULLY. IT IS NOT A SOLICITATION. A CLAIM FOI~M IS ENCLOSJ'~D, IF APPLICABLE. Our records indicate that you quali(v for the following Clahn Types: 1 Claim Types are described in the enclosed Notice. Claim Type 4 may require submission of a claim form. Claim Types 1, 2, and 3 do not require submission of a claim form. The enclosed Notice details YOUl' rights, the claims process, and how to get more in1())'mat iOll. THE STURDEVANT LAW FIRM A Professional Corporation James Sturdevant 475 Sansome Street, Suite 1750 San Francisco, CA 94111 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO NOTICE OF CLASS ACTION SETTLEMENT FINE, KAPLAN & BLACK Roberta liebenberg Suite 2300 1845 Walnut Street Philadelphia, PA 19103 Judicial Council Coordinated Proceeding No. 4085 In Re Providian Credit Card Cases TO ALL MEMBERS OF THE FOLLOWING CLASS: SI USTED DESEA OBTENER UNA COPIA DE ESTE DOCUMENTO lEGAL EN ESPANOL FAVOR DE ACTUAR INMEDlATAMENTE Y ESCRIBIR A: Any consumer who had one or more credit card or Capital Cash accounts with Providian National Bank or Providian Bank at any time between March 19, 1995 and December 14, 2000, and was assessed a fee, interest, finance charge or other char9,e, or responded to a "Real Check" coupon (the "Class" or 'Class Member"). PLEASE READ THIS NOTICE CAREFULLY. IT IS NOT A SOLICITATION. This Notice advises you of a proposed setrlement of certain class action lawsuits in which you may be a Class Member and of a court hearing on the pro~sed set~lement (the "Settlement"). The settlement fund includes $105 million of cash, credits and other benefits. Most Class Members do not need to do anything to receive benefits from the Settlement. However, some Class Members can choose eirher services or cash, and must indicate their choice on a claim form jf they prefer cash. Also, for some Class Members a claim form is required to establish the basis for .. . . 1 "I "'-'1' ~ T' J _ _ . ..~L __ ___.. _ I_~,.l DATED: APRIL 20,2001 BY ORDER OFTHE HONORABLE STUART R. POLLAK, JUDGE OF THE SAN FRANCISCO SUPERIOR COURT Providian Setrlement P.O. Box 193827 San Francisco, CA 94119-3827 o -- <C =-> CP ~ ~ := '> ~ I~} ( -. PROVIDIAN NATIONAL BANK 295 MAIN STREET TILlTON, NH 03276 ) ) ) ) ) ) ) ) ) ) ) ) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION VS. ROBERT J DE MARTYN 21 HOMESTEAD LANE ENOLA, PA 17025 No. 01-3532 CIVIL CERTIFICATE OF SERVICE I, hereby certify that I have this date, served a copy of the aforementioned Answer to the Civil Action on the following person and in the manner indicated below: SERVICE BY FIRST CLASS MAil ADDRESSED AS FOllOWS: Valerie Rosenbluth Park, Esquire PARK LAW ASSOCIATES, P.C. 25 East State Street P. O. Box 1779 Doylestown, PA 18901 (ATTORNEY FOR PLAINTIFF) Date: ~ I f-j (0 c~ 1 \ 21 Homestead Lane Enola, PA 17025 (" Ie;;'''':.. '---..) ~.t'..... ,..,....e /J ./-1~~ J-I} j ~/ L'> <J I ~~1~~)~R~'~:'U;'~:~~~~"l :!,. .,..:.-'~ f: ,\.".. ,J<, ~~..,... "~ UU:JA L 'b.J"""lA ,.1, ,,, ""0..'" n, ".",.~ .!!!.~?,~~~~i'~~~~,~~/>:'~:"..~;,,:'~~'.~.~J o ~ ,> c::::F 00 w t) vJ ~ 3- SHERIFF'S RETURN - REGULAR CASE NO: 2001-03532 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS DEMARTYN ROBERT J KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DEMARTYN ROBERT J the DEFENDANT , at 1100:00 HOURS, on the 29th day of June , 2001 at 21 HOMESTEAD LANE ENOLA, PA 17025 by handing to ROBERT DEMARTYN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.20 .00 10.00 .00 34.20 r-~~ R. Thomas Kline 07/02/2001 PARK LAW ASSOCIATES Sworn and Subscribed to before me this It; ~ day of q",J,_, . -;Lt>oJ q';Jb~o~otJ;;~~ ~ / ~ By: /~~ t MAR 2 1 Z002 _~ . . . VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS ROBERT J. DEMARTYN Defendant NO. 01-3532 CIVIL TERM ORDER AND NOW, to wit, this d',J. day of (fl J. , 2002, upon presentation of the attached Stipulation and Settlement Agreement on behalf of PROVIDIAN NATIONAL BANK, the Plaintiff, and Robert J. Demartyn, the Defendant, the Stipulation and Settlement Agreement is hereby approved and made an Order of the Court. '=n~ W'. P\'\\ V\ P [)r13O-klt'\ P'CLR'K LQW A:ssoc-. J. .' . \'?.t .. . . VALERIE ROSENBLUTH PARK ATTORNEY I.D.' # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS ROBERT J. DEMARTYN Defendant NO. 01-3532 CIVIL TERM STIPULATION AND SETTLEMENT AGREEMENT AND NOW, this 2$ day of ~/r;~ 2002, this stipulation is between Robert J. DeMartyn, the Defendant and PROVIDIAN NATIONAL BANK, the Plaintiff, and all parties hereto have consented to this Stipulation and the parties agree as follows: 1. Defendant will pay the sum of $5,582.42, plus interest at the rate of 6% per annum and court costs. 2. The first payment of $150.00 is to be received on or before April 1, 2002; 3. Thereafter, Defendant will pay this office the sum of $150.00 on or before May 1, 2002, and on the same day of each month thereafter until Defendant's obligation including interest and costs has been paid in full, at which time, Plaintiff will file a Praecipe to have this matter marked as settled and discontinued, with prejudice. 4. Defendant will make his checks/money orders payable to Park Law Associates, P.C., attorneys for PROVIDIAN NATIONAL BANK, and mail all checks/ money orders to: PARK LAW ASSOCIATES, P.C. 25 E. STATE ST. P.O. Box 1779 DOYLESTOWN, PA 18901 . . '. . ,. " 5. Time shall, be of the essence so that in the event Defendant does not'make any of the requested payments in a timely manner, this Stipulation shall be deemed to be in default and Plaintiff may proceed to file judgment against Defendant for the balance due as stated in the civil action complaint including interest attorney's fees and Court Costs upon the CONDITION that Defendant does not cure the default within thirty (30) days of written notice being sent to the following: Robert J. DeMartyn, 21 Homestead Lane, Enola, PA 17025. Park Law Associates, P.C. BY: Valerie Rosenbluth Park, Esquire Attorney for Plaintiff Mid Penn Legal Services ' BY, pe7:rCafJ~i~e Attorney for Defendant Robert J. DeMartyn hereby acknowledges that I have received a true and correct copy of the Stipulation, ratify same, have had opportunity to consult an attorney, and execute this Stipulation willingly, and knowingly, thus that it shall be made an Order of Court. Robert J. Defendant THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. - - o \'.l ~ .., !' ::r ,- j"t',ID rl:) /l1n~)!'oJ ;'-, . t."'In, \.; v ,-l!l.J_ 0 , N . , \'v -J ':'t7 3 C) ( - "-,.) (::.-; :' "} ., ',) ..J -- -- VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK Plaintiff VS ROBERT DEMARTYN Defendant NO. 01-3532 PRAECIPE TO MARK JUDGMENT SATISFIED, SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mark the above captioned matter satisfied upon payment of your costs. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE v'L". () (~; ~. c-n r',,", C:Jo c'":':t .J-- c:) -n '- ::;:! p'~ ::::"1 ::~i -cFn N ~3 c.~ '" -> -""-" r;? c:;;>