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HomeMy WebLinkAbout99-06989r? 1 •? ?1 ,. <<???? ,??,; ?? {, t ;;;?,: ,.: ?. Wa • c?e'jt ? , i 1, yet; ? ? "?'".?iPh ?:,: ?;. _ _ . ,_....nY,n>.rz3? 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. JAMES A. GOODSON Defendant NO. q"1 67 w &11 z 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 CUMBERLAND COUNTY ASSOCIATION 2 LIBERTY AVENUE CARLISLE, 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS JAMES A. GOODSON 137 LINCOLN ST. CARLISLE, PA 17013 DEFENDANT NO. 9 9- 6 9 F? (? l 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 JAMES A. GOODSON, an individual who resides at 137 LINCOLN ST., CARLISLE, PA 17013. 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 4310390820403550. 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 $6,278.03 as of 07/30/1999, plus pre-judgment contractual interest at the rate of 21.90% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit °A," Plaintiff is entitled to reasonable attorneys fees, and Plaintiff will incur attorneys fees in the amount of $1,255.00. COUNT 22 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. 1 ;1 WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $6,278.03, plus pre-judgment interest at the contractual rate of 21.90% per annum from 07/30/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,255.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALER ROS UTH 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, SUSAN M. WRIGHT , declare: I am a designated agent of [\JkLt,naQ FSc, ?, A in the above entitled 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. Section4904 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 ALAMEDA county, in the state of CAS IFOHNk, SUSAN M- W Rti Designated Agent PROVIDIAN NATIONAL BANK JAMES A. GOODSON 4310390820403550 929380-1 ,.rte < EX IBR ?t?PROVINAN CAPITAL CASH' Account Agreement for James A Goodson . Your Capital Cash account hhe'Account*) is a reusable personal loan that allows you to access your account by writing checks. In this A your mean each person tot venom we Lava opened a Capital Cash Account. 'We."out"ours, and "us* mean First Deposit National Bank at its assignee. You may not be eligible loran Account if you or a member of your household already have a credit account with us, Providian National Bank, at Providian Credit Services, Inc. The Account may be used only for personal, family, household, and charitable purposes, and oat tar any business or commercial purpose. Any use of this Account shall constitute acceptance at the terms of this Agreement. You and we agree as follows: Special Requirement of the Account: Credit Review Program. In order to keep you Account in good standing, you agree not to significantly increase the amount of your total debt on unsecured tervalving accounts. We will review your Account and credit profile quarterly to evaluate the amount you awe relative to the amount of your then current income. (We consider an increase in debt of more than $2000 to La significant, unless you have sufficient income.) If we chatelaine that your Account is not in good standing, your Annual Percentage Rate may be increased. Cash Advances. The Account is available only with the initial loan amount I'cash advance*). This initial loan amount may include payments that we have made to other lenders on your behalf in order to transfer your other balances to this Account, checks mailed to you for the purpose of transferring your balances to this Account, and funds electronically transmitted to other lenders to transfer balances. wil ial ade close have How wever. it you in don the ebcount the initial eomandhmmediate lull not only of thenbalance and charges not related tooth' nlitial loan amount.nYou ymayrrequest addii onall cash aadvances by calling the tall Tree number listed an your monthly statements. Payments. You wig receive a monthly statement showing your outstanding balance. You will pay us in U.S. dollars (checks nest be payable at a U.S. office of the bank the check is drawn onl at least the payment due as shown an your statement by the payment due date in accordance with payment instructions an your monthly statement. You may not use your convenience checks to make payments on your Account or to make payments on any other account you have with us or our afli6ates. The mnimzm payment due will normally be: 20% of the new balance shown on your statement plus the amount of any pest due payment gills the amount by which the new balance exceeds your credit line plus fees tar certain optional services. However, the payment due will not be feu [hall $15 (unless your new belie, is less than 315, in which case the payment due wig be the amount or the new bafancel. If your pa merit is mare than the payment due, it will be treated as a single payment and none of it will `a applied to future ayneents due. We we accept late or partial yyaymenu, or payments m iked'yyaid in IT or narked with other restrictions. without losing our nglit to collect 80 amounts ___...._ A-........ Tus wuwuu .evucr?T is MY THE Am IRFO PAYMENT. TO PAY 00WN YOUR LOAN FASTER. YOU MAY PAY MORE THAN THE MINIMUM PAYMENT Finance Charge. Finance charges begin to accrue an a debit when it is included in the daily balance ('Balance) and continue until the balance is reduced by a payment or credit. The Balance is reduced by payments as at the date received, and by credits (except for reversals at late and miscellaneous charges) as of the date posted. Debits other than finance charges ate included in the Balance as of the dates thechicle, are posted which are as follows: cash advance checks that are identified as cashiers checks that we mailed to you at your request, as of seven days alter the date we print on the check; lasts day of the billing for cycle', finance, and rrisceliane.us all other as of the charges) are luded at inh yurt Balance presented of the date funds electronically nifinance charges are added to transfer day balances, are then date p std transmitted. Other bTbyya figure the dais finance char awe start with yylIour previous day i Balance, add an debits and subtract atl «edils or the unent day Ias es rained in the paragraph above) and nult'ryly the nof'Prount nce old each day'aaBelance 0 c usling chaeAe loi the h fmgaaycleeh !edding9°gethgathe fmyance charge lor9each der wi he'idn th- an e htlfing cyclei that deurmne the averagaea0y halancie shaown on your 31d as 0 daily fmance charge) in the ,'ding cycle end divide by the nurrba of deryys in the billing cycle.. Y.u can multiply this average daily halanca by the number of days in the biPmg cycle andhy the daily periodic feu" tau to determine the total amount ai your finance charges l.r the. hilfmg cycle. In calculating fmance charges, en adpstrtent wiU he mach for any transctian.r payment that would have affected the finance charge cakulatlan n a prior holing cycle had it hem pasted in that cycle. Th e balance amounts showman your statement my differ (ram the Balances used in coPopuirngg fmance charges. because the latter der not siclads any late or miass'nu eau, charges whnh are included in the balances shown an your statement. Th ere is no period within which credit extended may he repaid without incurring a finance charge. The ANNUAL PERCENTAGE RATEPAPR"I is 21.90%, corresponding to a daily periodic rate of .06000%. It you do not comply with the tams of this Agreement your ANNUAL PERCENTAGE RATE (APR) win he 23.90%, corresponding to a daily periodic rate of .06548%. We reserve the right to change the Annual Pecentage Hate calculations if you do not comply with the terms of this Agreement. Fees. We wig charge your Account up to 410 for each b6Gng cycle within which your Account balance exceeds your credit Best. rover limit lee) even if your Account is cloud. We wig charge your Account up to $29 for. each returned payment check; each check you write on your Account that we return unpaid; each stop yyayment order or renewal of such an order, each Lintel cycle within which your Account is delinquent Bate charge). It you request copies of biffmg statements that were first sent to you more than there months earlier, we may charge a handling fee of 5200 for each copy. Default You w01 be in default: if you was not eligible for the Account at the ikne it was opened; it you lag to comply with any part or this Agreement; it any information you goal us proves to be Incomplete or false; upon your death, bankruptcy, or insolvency: if you fail to pay other debts when due; if a hankmptcp petition is filed by or against you; or if we believe in good faith that you may not pay or perform your obligations under this Agreement. On your default we may. without further demand or notice, cancel your credit privileges, declare your Account balance imrcdiately due and payable. and invoke any remedy we may have. In the events of your default, the outstanding balance on your Account shag continue to accrue interest at the APRIsI disclosed in the Finance Charge section of this Agreement, even it we have sued you to collect the amount you Owe. Credit Line. Your credit fine is specified Item time to time in a separate notice. We may increase or decrees your credit fine baud an information we obtain from you or your credit records. Your available credit is nome ly the ®r laterite between your credit fine and your Account balance Oncluding transactions made at authorized but not yet posted). It you send us a large oyment check, we may fimt your available credit while we confirm that the check win clear. For catan transactions, available credit may he res. You will not use your Account for. and we may refuse to honor, any transaction which would cause you to exceed your available credit. Promise to Pay. You proms to pay us when due all amounts borrowed when you of sameone else use your Account (even if the amount charged exceeds your permission), all other transactions and charges to your Account, and collection costs We incur including, but not lurited to, reasonable attorney's fees and court costs. IN you win the suit, we will pay your reasonable attorney's fees and court costs.) Change. We may change any part of this Agreement or add or remove tequkements after notice as required by law. If we change the Finance Charges action of this Agsement the new finance charge c'luution will apply to your whole Account balance (rpm the effective dale of the change, whether or not the halanca includes gems pasted to your Account before the chance date and whether of not you continue to use the Account. Cancellation of Account At any time after at least 30 days notice to you, or without notice if pereitted by law, we may cancel the Account and your credit pmgeegga& If your Account is cancelled, fmance charges and other lees will continue to be asusud, payments will continue to be due, and an Other applicable provisions of this Agreement will remain in effect. You may cancel your credit hrivilepeg notifying us in writing and paying gout entire statement balance by the payment due date on the statement which includes your final checks, cash advances. charges, and fees. You will still a responsLto for paying any accrued fmance charges. It your credit privileges are cancelled you may no longer write checks on your Account, and you should destroy any unused checks we have issued to you. Personal Information, Documents. You win give us at least 10 days notice if you change your new, home or mailing address, telephone numbers, ernploym et or income. You will promptly give us nformaion about y9our financial affairs if we ask lot it. We may get such information Item others, including credit reporting agencies, and provide your adddress and Information about your Account to othat. We ma als share such informaion with our affiliates. However all ma write to us at an time instructing us not to share credit information with our affiliates. It you lad to fulfill any of your ob igabas tin a t u greemem, a negative coon report re ecting on your lie n.ecor may e w mite to cre n reporting agencies. Customer Service: Unauthorised Use, Lou, or Theft of Checks. You wig safeguard all checks jawed to you from theft. If you discover or suspect that any unused checks are last or stolen, or that there may be on unauthorised transaction on your Account, you will notify us promptly by telephoning 1.800.964.9212. You will phone, even though you may notify us in writing, s we can act last to Gait lases and liability. If you report or we suspect unauthorized use of your Account, we may suspend your credit privileges until we resolve the problem to our satisfaction. To improve customer service and security, you agree that your cans may be monitored or recorded. Stop Payment Orders. If you wish to stag payment 0n a check, you may send us a stop payment order by wiling to us at our address far customer srvica fisted on your big. You can make a stop payment aides orally by calling the number fisted an your statetont. When you make a stop payment order, you must provide your Account number and specilic nfomation about the check: the exact amount, the data an the check, the name of the party to whom it was payable, the nano of the pawn who sigliad it, and the check Punter. You will be asked to confirm an anal stop payment order in writing. We ma disregard our Dist order it we do not receive a signed written confirmation within two weeks after the oral order or if you have not adequately described the item so that payment can be stapD Y our computer. ear er w not e e cane i .... c ec was poi y us a ore W. a a roasona '.....tunny to act pit the order. We may, without liability. disregard a written stop payment o. Yer six months alter receipt unless it is renewed in writing. 5851 0598 Stan dart of Care. Transactions in your Account win he processed mechanically without our necessarily reviewing every item Our processing system win call our allention to certain items which we will esmnne. We win examine 10 Retractions when you report that your checks have been Itrt or stolen. We do not intend ordinarily to examine all items, and we will not he negligent it we do not do in. This rule establishes the standard of ordinary care which we in goad faith will exercise in administering your Account. Because of our limited review, and because your cancelled checks will not he returned to you with ;lie monthly statement, you should be careful to enter all checks in your check register at otherwise keep a record of them You agree to check your monthly statements against your retard end to nalily us ommotly of any unauthorised transactions or errats. Waiver of Certain Bights. We may delayer waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision later. You waive: Outright to presentment demand, protest, at notice of dishonor; any applicable statute of limitations: and any right you may have to require us to proceed against anyone before we sue you. Appiieable Law, Severability, Assignment. No or where you five, this Agreement and your Accoum are governed by lederel law and by New Hampshke law. The Agreement is a final expmrion o the agreement between you and us and may not be contradicted Is evidence of any alleged oral agreement. At any Rene alter we dotermne in good Iaiih That any proposed or enacted Iegidalion, regulatory action, or pdicial demnon has rendered or may rcnda any material provision of iliac Agreemem invalid or u n enforceable, or impore any increased tax, reponmq regmeemen1. or other burden in cannectian with any such pronvon or its mlorcenrens, we may, alter at least 30 days notice to you, or without nmice if pnmiue 6y law, cancel the Card and your credit privileges and dedem your Account balance imredmIP due and payable. II any, provision of this Ap" sto I is held In he invalid or unenlorceahle. YOU and we will canvder that provision modified to conform to apDfcahle law, and the rest of the provisions in the Agreement will ru he enfatceahle, but we will have the right to cancel your Account and declare your balance irmodmtely due, as provided in the preceding sentence. We may transfer ar assign our right to all or same of your payments. II state law requires that you receive nonce of such an event to protect the purchaser or "gill". We may give you such notice by lam9 A financing statement with the state's Se ..Itry 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 period its ecifed in this Agreement or by law, which period shall start upon mailing. Notice to us shall he mailed to our address for customer service an your statement for other addresses we may specify) and snag be effective when we reserve it. Your Billing Bights -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 Ountions About Your Bill. If you think your hill is wrong, or if you need male information about an entry an your bill, write us, an a separate sheet, at our address for cultmwr service listed an your big. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the full hill on which the error or problem appeared. You can telephone 14 but doing so will not preserve your rights. In your letter, give us the following: • your nacre and Account number • the dollar amount of the suspected error. • Describe the error and explain, if you can why you believe there is an error. 11 you need more informallon, 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 the error by than. Within 90 days, we must eitRer correct the error or explain why we begeve the big was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as defngties. We can continue to big you for the amount you question, including finance charges. We can apply any unpaid amount against your credit fine. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your big that are not in question. _ If we fend 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 she missed payments an the questioned amount. In either case, we will send you a statement of the amount you owe and the data thatst is due. It 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 selling us.thatyarltlin refuse sac pay, we rout tea 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 tea anyone we repartyau to that the matte has been' ettled between us when it finally is. If we don't follow these roles, we can't collect the first 150 of the questioned amount, even if your hill was correct. 1; \sv v 100° GUARANTEE OF SATISFACTION • We guarantee your satisfaction with Capital Cash. The 2% minimum monthly payment is among the lowest available today! • You are under no risk or obligation. R. 7'huow Mazur ? •'.. • 11??... Vitt Prusw= ptil0 ,?J YES, I'd like to open a Capital Cash account. Please send me a duck for up to $7,500. 1 have read the terms on the back of the btnchure. I agree to the Capital Cash Account Agreement (which will be mv3ed to me with my check) and to repay principal, interest, and interest themun, except that f will have no obligation if I return the check unused after revie%ing the Account Agreement. This invitation expires: May 1, 1995 James A. Goodson P.O. Box 477 New Kingstown, PA 17072-0477771 7204C1 TCABO GX488 KGCF QFGR OBHB PDCD AEAC 10- Unpaid Balance Jforuhl Pam Y Payment $7,000 3140 36.000 120 35.000 $ 3100 34.500 $ 80 34,000 $80 $3,500 3 60 53.000 3 50 32.500 3 50 $2.000 $ 30 $1.500 $l.org 3 m /? ? e7 f? X. "' 5 (1 on-71ons/emble) >z a.1-.--0-- -E- -L / ;? L Social security Number (6'761(6'/61 G -3727-3727 S 78'o Home Phone µb Phone Exit $ ?Sadd Annusl Household Income ,: .. ,,.. CStidfiProteNonl'lart (OpHotul) -.??vv}dd ?'kt' to help Pmrcr( np? Gpinl Cash acwtmt and ratinp wirh the opdans! Credit Proty^den Plan detmbot on , iRe?se side. „XE.4 ([nit'v! hue m eacoll) .. . ,ice J Reservation# 204-10299-4891-8 '- fn Cttat E k E-1 Reference Number: 4310390820403550 Box : 1844 Year : 95 Batch : 5 L) SSN : 071-38-1191 Account # 4310-3908-2040-3550 USB_BVMASTER. ? f o I I SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-06989 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS. GOODSON JAMES A R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: GOODSON JAMES A but was unable to locate Him in his bailiwick. He therefore returns the NOTICE & CIVIL ACTION NOT FOUND _, as to the within named defendant GOODSON JAMES A DEFENDANT NO LONGER LIVES AT ADDRESS STATED LEFT NO FORWARDING ADDRESS, RETURN NOT FOUND AS PER ATTORNEY Sheriff's Costs: So answe Docketing 18.00 Service 3.10 NOT FOUND RETURN 5.00 i Surcharge 8.00 omas ine, e $3-4-TU PARK LAW OFFICES 11/30/1999 Sworn and subscribed to before me this day of 19 95 A.D. V'-?-fro ono a y , - 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 THAT THE WITHIN .:c n ?...,. ;RI!ECI' COPY OF THE ORIC;iNAL ON FILE. ?J - - :'JULUTH PARK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROVIDIAN NATIONAL BANK Plaintiff VS. JAMES A. GOODSON Defendant NOTICE NO. 5(4- b w el- ' C 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 T`aXpp????.. WPY FROM CUMBERLAND COUNTY ASSOCIATION FROM 2 LIBERTY AVENUE 19 2*49 W °0r' I ° NMytn" CARLISLE, PA 17013 nBtC?)sb (717) 249-3166 19 (800) 990-9108 THIS kSJAN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ?'rt v?1 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 COUP?T OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS JAMES A. GOODSON 137 LINCOLN ST. CARLISLE, PA 17013 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 JAMES A. GOODSON, an individual who resides at 137 LINCOLN ST., CARLISLE, PA 17013. 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 4310390820403550. ??? erRr???s?m¦rww. 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 $6,278.03 as of 07/30/1999, plus pre-judgment contractual interest at the rate of 21.90% 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 $1,255.00. 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 $6,278.03, plus pre-judgment interest at the contractual rate of 21.908 per annum from 07/30/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,255.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: 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, SUsceAN dl 10-ilB11 0l71 , declare: A I am a designated agent of I?%c?,^-,a ' N) °is Q ?, in the above entitled 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. Section4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed this day of CAUFOa NIP. 1999 at PtAiviEDN county, in the state of SUSN" PROVIDIAN NATIONAL BANK JAMES A. GOODSON 4310390820403550 929380-1 Designated Agent •;?` t. I4 4 ire ? EX kBIT ?IVROVIDIAN Financial CAPITAL CASH' Account Agreement lot James A Goodson Your Capital Cash account Uhe'Account) is a reusable personal loan that allows you to access your account by writing checks. In this Ag your mean each Pelson far whom we have opened a Capital Cash Account. -Me.' 'our; 'ours.' and us* mean First Deposit National Bank or its assignee. You may not be eligible lot an Account it you of a member of your household already have a credit account with us. Providian National Bank, or Pr-vidian Credit Services, Inc. The Account may be used only far personal, tonsil. household. and charitable purposes, and not lam any business or commercial purpose. Any use of this Account shall constitute acceptance of the [elms of this Agreement. You and we agree as follows: Special Requirement of the Account, Credit Review Program. In order to keep you Account in good standing, you agree not to significantly increase the am-unt of your total debt on unsecured revolving accounts. We will review your Account and credit profile quarterly to evaluate the amount you owe relative to the amount of your then current income. Me consider an increase in debt of more Than MOO to La significant, unless you have sufficient incame.l II we determne that your Account is not in good standing, your Annual Percentage Rate may be increased. Cash Advances. The Account is available only with the initial loan amount I'cash advance'I. This initial loan ammnl may include payments that we have made to other lenders an your behalf in order to transfer your other balances to this Account, checks mailed to you for the purpose of transferring your balances to this Account, and funds electronically transmitted to other lenders to transfer balances. have initial close t will Howevr, it Acc we will Closeo the tebact ianedademandimmedne fun payment a ly of thenbalance and charges noto anlateddtyou the nii al loan amount nYou ymayrrequ st additionaloan cash advances by caling thehe tall tree number fisted an your monthly statements. Payments. You will receive a mealy statement showing your outstanding balance. You will pay us in U.S. dollars (checks roust be payable at a U.S. office of the bank ethecheck is drawn onl at least the payment due as shown on your statement by the payment due date in accordance with payment instructions on your monthly statement. You may not use your convenince checks to make payments an your Account of la make payments on any other account you have with us sir our allifiates. Th e mnimum payment due will normally be. 20:'. of the new balance shown an your statement plus the amount of any past due payment plug the amount by which the new balance exceeds your credit fine plus fees tar certain aDlionaf services. However, the payment due will oat be less than $ 151unless your new balance is less than $1 5, m which case tea payment it., win he the amount of the new halaneel. It your payment is mare than the payment due, it will be treated as a single pay ment and nonegol it wAl to apgqp0ed t- tutore payments due. We may accept late or partial Pay. or payments marked paid in fun' or marked with other restrictions. without losin9" r riqhl to collect ail artaunts 0fl YOU unit his A fee nt. HE INTSUAT ANY TIMES ONLY THE PEQUIflEO PAYMENT. TO PAY GOWN YOUR LOAN FASTER. YOU MAY PAY MORE TNAN THE MINIMUM PAYMENT Finance Charge. Finance charges begin to accrue on a debit when it is included in the daily balance l'Bzlancel and continue until the balance is reduced by a payment or credit. The Balance is reduced by payments as of the date received, and by credits (except for reversals of late and miscallaneous charges) as of the dale posted. Cabin other than finance charges are included in the Balance as of the dates they are posted which are as Iollowz cash advance checks that are identified as cashier's checks that we mailed to you at your request, as of seven days after the date we print an the check; a0 other checks, as of the date presented to us: funds electronically, transmitted to other lenders to transfer balance, as of the date stationed. Other debits (except for late, finance, and miscellaneous charges) are included in your Balance as of the date posted. Finance charges are added to your Balance each day and are than posted an the last day of the billing cycle. credits lam the surplus day (as a%Vlained in the paragraph shave) and multiply the net amount To fguse the daily finance charge we start with your previous days Balance, add an debits and subtract all by the dally parodic rate (see ago paragraph[. Then finance charge is tea added to and included in that day i Balance. Wa treat a credit balance for any day as too. We daterrrine the total finance charges for the bdfmg cyGe by adding t-gather the fmance charge for each day within the billing cycle. Ta determine the aversgge daily balance shown on your statement, add each day's Balance (including daily fmance charge) in the blkng cycle and divide by the number al days in the hitting cycle. Yau can multiply this average daily balance by then umber al days in the bg cycle and by the daily periodic rate to determine the total amount of yyour fmance charges in the hieing cycle. In calculating fmance charges, an adrysttrenl win be made Ior any transaction or Daymal that would have al$. bed the Chi finance cltarga calculation in a prior bilfmg cycle had it bean Pin I m that rycle. Th e balance amounts shown an your statermnl may differ bons the Balances used in compering linanca charge ;because the latter do eat Us d a any tale or mxellanaus charges which are included in the balances shown on your statement. Th one is no period within which credit extended may he repaid wit hout incurring n is a finance charge. The ANNUAL PERCENTAGE RATE-APR') is 21.90%. corresponding to a daily periodic rate of .06000X. If you do not comply with the tamer at this Agreement your ANNUAL PERCENTAGE HATE (APR) will be 23.90%, corresponding to a daily periodic rate of .06548%. We reserve the fight to change the Annual Percentage Rate calculations if you do not comply with the terms of this Agteemenl. Fees. We will chargAe your Account up to $10 for each billing cycle within which your Account balance exceeds your credit gait (aver fimt feel even if your Account is closed. Wee win charge your Account check: each check U u to $29 lot: free lin ccounts returned charge). Ile you request capes of billing staleomenscthat were first .sent to you moreethan three months earlier•we may chch an aohandlingclet ilof ZOO for1e each copy your A Default. You win be in default: it you were not eligible for the Account at the time it was opened: if you lad to comply with any part of this Agreement: if any information you gave us proven to be incomplete or false: upon your death, bankruptcy, or insolvency; it you fail to pay other debts when due: if a hankrupecp petition is fled by at against you; or it we believe in good faith that you may not pay or perform your obligations under this Agreement. On your default we may, without further demand at notice, cancel your credit privileges, declare your Account balance immediately due and payable, and invoke any remedy we may have. In the event of your default, the outstanding balance an your Account shag continue to accrue interest at the APRls) disclosed in the Finance Charge section of this Agrament even of we have wed you to collect the amount you awe. Credit Line. Your credit fine is specified from foie to time in a separate notice. We may increase at decrease your credit fine based an infarmztion we obtain from you or your credit records. Your available credit is normally the difference between your credit fine and your Account balance (including transactions made at authorised but not yet pasted). It you send us a large yayment check, we may Gait your available credit while we confirm that the check will clear. For certain transactions, available credit may be les. You will not use your Account for. and we may refuse to honor, any transaction which would cause you to exceed your available credit. Promise to Pay. You prottiw to pay us when due all armunts borrowed when you or someone else use your Account leven if the amount charged exceeds your pur ission), all other transactions and charges to your Account, and collection costs we incur including, but not 0nniled to, reasonable attorney's fees and court costs. (If you win the wit we will pay your reasonable attorney's lees and court costs.) Changes. We may change any part of this Agreement at add at remove requirements alter notice as required by law. II we change tea Finance Charges section of this Agreement, the new finance charge calculation will apply to your whale Account balance from the effective date of the change, hethe or not the bafance'nd des feet oersted t° v- r Account before the change date and whether sir not you continue to use the Account. Cancellation of Account. At any film film at least 30 days notice to you, or without notice if permitted by law, we may cancel the Account and your credit privilegat. It your Account is cancelled. Finance charges and other lees win continue to be assessed, payments will continue to he due, and all other applicable provisions of this Agreement will remain in dlect. You may cancel your credit rivileges by notifying us in writing and paying your entire statement balance by the payment due date an the statement which includes your final checks, cash advances. charges, and lees. You will still Be responsible for paying any accrued Finance charges. It your ttedit privileges are cancelled you may no longer write checks an your Account, and you should destroy any unused checks we have issued to you. Personal Inlermadow Documents. You will give us at least 10 days notice if you change your narm, home at mailing address, telephone numbers, emploYmat or income. You will promptly give us any of information about Your financial affairs it we ask for it.. We may.get well inlormsian from others, includdng, credit reporting agencies. and prouder our awdnhsnurnalfliaies It youofailyour Account ta sou, uuuy.uu„a a„u.. ....v. -'.._ Customer Service; Unauthadied Use, Loss, or Tools of Checks. You win saleguard all checks issued to you from thell. If you discover of suspect that any unused checks are let or stolen. or that thug may be an unauthorized transaction on your Account, you win notify us prorptly by telephoning 1.800.964.9212. You will phone. even though you may notify us in writing, so we can act last to font lasses and liability. II you report or we suspect unauthorized use of your Account. we may suspend your credit Privileges until we resolve the problem to our satisfaction. To improve customer service and security, you agree that your calls may be monitored or recorded. Stop Payment Orders. If you wish to stop payment on a check. you may send us a stag payment order by writing to us at our address for cusmmer service listed an your hill. You can make a stop payment order orally by calling the number fisted on your statement. When you make a stop payment order, you nest provide your Account number and specific inlormeion about the check: the exact amount. the date on the check, the new of the party to wham it was payable, the name of the person who si ad it. and the check lumber. You will be asked to confirm an oral stop payment order in writing. We nu disc aril our oral order it we den not receive a signed written conBrmaiian within two weeks after the oral order or it you have not adequately described the item w that payment can be stopped 9 our computer. a ar er wi not e e .cove i t e c a was Dai y us Delete we a a reasanao a apponumty to act on the -der. We my, without liability, disregard a written stop Payment order xs months alter receipt unless it is renewed in writing. 5851 0598 zsms 1".`25 Srondar s At Lan. Trasauions in Your Account will he processed mechanically without our netassarily, reviewing every item Our processing System wiil all our attention to cmain items which we will esamne. 'No in examine all transacuans when you report that your checks here been last or stolen. We do not intend ordinarily to Astaire all items. and we will not be negligent it we do not do sa. This rule establishes the standard of ordinary care which we in good faith will exercise to administering your Account. Because of our turted review. and because your cancelled checks will not he rammed to you with the nnnthly stalemem, you should be careful to enter all check) in lout check register or otherwise keep a record of then You agree to check Your monthly statements against yin r ea d and to nal'Iv s orafast al any unautharired transactions at effort. Waiver of Certain Bights. 'No may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision later. You waive: the right to presentment, demand, protest, at notice of dishonor', any applicable statute at limitations: and any right you may have to require us to proceed against anyone before we sue you. Applicable Lavr, Severahiliry; 0.ssignmenL No matter where you five, This Agreement and yaw Account are '""tied 6y ads"' law and by New Hampshire law. The Agreertpnt is a final esptess"m a the agreement between you and us and may gat be contradicted by rvtdencA al any adeged oral agreement. At any lime alter we delermne in good faith Thal any proposed or enacted Iegolalion. io n, ar pdici.1 decision has rendtted or may render any material provision al this Agreement invalid ar unenlorcea6le, or irtpse any increased trepaving regwremenl, or olhtt hmdm in connection actwith any such provis m or its entarcem of I may, after at least 70 days notice to Yau. or without notice it pen ted by law, camel the Card and your uedis privileges and declare your regulalary tenro. Account 6alan.e inrmdutely due and payable. If any provision of this Agreement is held to he invalid or unenforceable. you and we will conmder That provison modtlted to conform to a stall sole law. and the rest of the provisiam in the Agreement wig still he Anloraable, but we will have the right t0 cancel your Account and declare your Galante dedntely due. as provide it in the preceding sm We may transfer or assign our fight to all ar some of your pa menls. II state law requires that you receive is use al such an event to protect the purchaser ar a»ugnee, we may give you such notate by fifmg A financing statement with the state's Secretary of Slate. may specify) and shall hit effective Agreement we scheme law, (arcallow serv eice on your statement out lot other addresses tinger notice Notices. which period Other start upon naffi nAddress own an shall g. Notice effective ta s h shale he ma iled in the to our alddrress addresse Your Billing Rights - Beep 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 frrats at Oundans About Your Bill. II You think your bill is wrong, or it you need more information about an entry an your bill. write us, on a separate sheet, at our address for custanw service Gsled an Your bill. Write to us as soon as passible. We must hear from you no later than BO days after we sent you the first bill an which the error at problem appeared. You can ill not preserve your rights. telephone t i but doing so wilt' In your letter, give us the [allowing: • your name and Account number • the dollar amount of the suspected mar. • Describe the error and explain, it you can why you believe there is an error. It you need more information, describe the item you are not sure about. Your Rights and Our Responsibilities Attar We Receive Your Written Notice. 'No must acknowledge your letter within 30 days, unless we have carrected the rural by then. Within 90 days., we must either correct the error at explain why we believe the big was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as derm erns. We can continue to big you for the amount you question, including finance charges. We can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your hill that are not in question. If we find that we made a mistake an your hill, 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 wN 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 fad to pay the amount we think you owe, we may report you as delinquent. However, it our explanation does not satisfy you and you write to us within 10 days telling us Iba[yorrstiA refuse sin pay, we must leg 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 sell anyone we report you toshat the matter has been`\ettled between us when it (mall t& It we don't fallow these rules, we Can't collect the first $50 of the questioned amount, even if your bill was canes. S y \ %I \\ v 100% GUARANTEE OF SATISFACTION • We guarantee your sausfacuon with Capital Cash. The 2% minimum monthly payment is among the lowest available today! • You are under no risk or obligation. fir 9' :> R. Thu= Maxur J' Vitt Ptctidtat c4r YES, I'd kite to open a Capital Cash account. Ptease send the a check for up to 57,500. I have read the terms on the back of the brochure. be mated I agree to the Capital Cash Ac aunt Agreement (which to me with my check) and to repay principal, interest, and interest therwa, except that I will have no obligation if I return the check unused after teviewtng the Account Agreement. This Imitation expires: May 1, 19 9 5 James A. Goodson P.O. Box 477 New Kingstown, PA 17072-0477771 7204C1 TCAE0 G%488 KGCF QFGR OBBB PDCD AEAC 10- 1tNimum Unpaid Balance ttonthly Paymcnt 67,000 3140 36.[00 3120 33.000 3100 34,300 3 90 34,000 3 30 so,5co s 70 $3,000 60 52500 3 50 32.000 340 31,'00 3 40 eI rra 3 20 5' pYon-'ItarrsJxble) f2 2.. 1_. - s? - L -?- Sodsl Scvrry :tuailx: cdl(o1 Gy3 -377,7 1st /?? 78O 2 Home Phane v`'0??? ?°e ?' s LSad d _ Annual Heusch9ld Irxccz _ ... . "....Cxi;dit Pcotectlon 17,1= ((:Vo l) t Z nmild lire to help promo Pr t C-h account plan descr and t t'ating viitlt the ape9nal Credit dit Ptotec'otacdoa Plsa desmi:ea on , - * ietase, side. "YIS ([nltLit bete to caoll) C1131 Reservation) 204-10299-4891-8 Reference Number: 4310390820403550 Box : 1844 Year : 95 Batch : 5 SSN Account 11 : 071-38-1191 : 4310-3908-2040-3550 USB-? KATER. i, it s 0F'FH;F OF Tt!r Nov 19 8 21 1111 '99 p P" 1: I.A ?J P.- 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 PROVIDIAN NATIONAL BANK Plaintiff vs. JAMES A. GOODSON Defendant : CUMBERLAND COUNTY : COURT OF COMMON PLEAS NO. 99-6989 PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly discontinue the above captioned matter without prejudice upon payment of your costs. PARK LAW ASSOCIATES, P.C. BY: [ VALERIE ROSENBLUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF ;., ,... _ f- ? ? ,. s, r:, __