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Home My WebLink About00-08141 MAY 2 2 2002.0 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 NANCY DYSON Defendant NO. 00-8141 NOTICE TO PLEAD TO: NANCY DYSON 8 HILL OR CARLISL~ PA 17013-9650 You are hereby notified to file a written response to the enclosed Motion within twenty (20) days from service hereof or a judgment may be entered against you. PARK LAW ASSOCIATES, P.C. i / IE ROSENBLUTH PARK THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE Ma~ ~2 02 02:54p PARK LAW ASSOCIATES PC 215 3~.8 4015 p.2 PARK LAW ASSOCIATES A PROFESSIONAL CORPORATION 25 EAST STATE STREET, SUITE 101 P.O. BOX 1779 DOYLESTOWN, PENNSYLVANIA 18901 V ALERlE ROSENBLUTH PARK' ROBERT E. ANGST'" TELEPHONE (215) 348.5200 FACSIMILE (215) 3484015 "ALSO MEMBER N! BAR +ALSO MEMBER FL BAR May 13, 2002 VIA FACSIMILE: 717-240-6460 ATTENTION: Taran Dixon Office of Court Administration Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: PROVIDIAN NATIONAL VS: NANCY DYSON OUR FILE NO. CLIENT REFERENCE NO. DOCKET NO. BANK 19836 5418255000158688 00-8141 CIVIL Dear Ms. Dixon: This will confirm the recent conversation with you relative to the above-referenced matter, presently scheduled for Argument on the pending Motion For Summary Judgment on May 22, 2002. I am respectfully requesting that the Motion be decided on briefs alone, since the basis for the Motion is that the Defendant has failed to participate in the litigation and. has not objected to the Motion being heard on briefs alone. Thank you for your consideration in this matter. Please advise our office on the Judge's decision. Very truly yours, PARK LAW ASSOCIATES, BY: VALERIE ROSENBLUTH PARK, ESQ. VRP/MK Cc: Nancy Dyson 8 Hill Drive Carlisle, Pa 17013 ~~~ '3 02 02:54p PARK LAW ASSOCIATES PC 215 348 4015 p_ 1. 25 Eo STATe ST. P.O. eo.x 1779 ClOyu;srOWN, FA 18901 PHONe (2151348-5200 FAX (215) 348-401'5 ParkLaw Associates. . P.~ ~ Fax' To: / tlJL(LL j fAi;nJ Fax: ' 7/7-2. L/1J - (~ 1/ft;() Pag_: ~ (INC~UOING COVER) , . PflQllel 7/7-0210 - (;200 .Date: 0-- /.3-Jd.- . Re: ;/;r fJA1lJ/H L VlPhd;;'hdcl , " '-LIh) ?7/tfljL/ iR, ~Od-' . )!furgent~F"r Review CI pf~e-Comment ~Please Reply CI Please Recycle Ptem: PARK LAW ASSOCIATES, P.C. . " . ..- ..... '_':_,",:" 11J. ' . ... ~ . ,.- .. .... 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff VS. NANCY DYSON Defendant NO. 00-8141 CERTIFICATE OF SERVICE Valerie Rosenbluth Park, Esquire, certifies that she is the attorney for the above named Plaintiff in the above captioned matter and that on December 18, 2001 she served upon NANCY DYSON, Praecipe for Listing Case for Argument, by mailing same first class mail, to the person and at the address set forth below: Nancy Dyson 8 Hill Road Carlisle, PA 17013 / -. C. BY: V ERIE ROSENBLUTH PARK, ESQ. ATTORNEY FOR PLAINTIFF PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: please list the within matter for the next ArgUnent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) PROVIDIAN NATIONAL BANK ( Plaintiff) vs. NANCY DYSON ( Defendant) No. 8141 Civil 2000 1. State matter to be argued (i.e., plaintiff's rrotion for new trial. defendant's danurrer to canplaint, etc.): MOTION FOR SUMMARY JUDGMENT 2. Identify counsel who will argue case: (al for plaintiff: Address: VALERIE ROSENBLUTH PARK, ESQ. 25 E STATE ST. PO BOX 1779 DOYLESTOWN, PA 18901 (b) for defendant: Address: NANBY DYSON PRO SE 8 HILL DRIVE CARLISLE, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argLIIent. 4. A1:gu:rent Court Date: Dated: Attorney for Plaintiff December 7th, 2000 TO: Court of Common Pleas, Cumberland County FROM: NancyDyson #00-8141 Civil (tf) s wtJ' t 19 (fl1Y1~ Ia/; t 0' To the Court: I am acting in my own behalf in tbis matter, and wish to state my objections to this claim: Providian National Bank offered me a cash advance check for the amount of $3500, which I accepted after their 5th solicitation. I dutifully made payment for over 2 years of $77 per month until unfortunate financial circumstances beset me, not to be detailed here. I then contacted the bank by phone to let them know I could pay only a lesser amount on my loan. I offered them $30 per month thereby lengthening their interest collected as well as helping me not be in bad debt. They said they would be in touch by letter regarding my offer. The next thing I received was demand for the balance; I repeated my offer to repay and after that a threatening letter came from their lawyer and now this lawsuit for the amount of $4,127.46 plus. I am trying not to file bankruptcy or have a judgment entered against me. Either of which makes it difficult to get hired. Hopefully this court can help us reach an agreement. That depends on the bank who is ever so eager to collect the almost 22% interest on their money rather than giving me any opportunity to repay this loan in a manner more realistic to my financial situation. Thank you very much for your kind consideration. Sincerely, u" //'''' -I'-) i/ L.ti(U'l /cJ?j';3?/'"- L-// Nancy Dyson /J/8/ J 00 () SHERIFF'S RETURN - REGULAR CASE NO: 2000-08141 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS DYSON NANCY RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DYSON NANCY the DEFENDANT , at 1010:00 HOURS, on the 27th day of November, 2000 at 8 HILL DRIVE CARLISLE, PA 17013 by handing to NANCY DYSON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.10 .00 10.00 .00 31.10 .r'~~.~ R. Thomas Kline 11/28/2000 PARK LAW ASSOC Sworn and Subscribed to before By: me this /~ day of ~~ 2ovf:> A.D. ~" () flw/'v 1 ~. P othonotary , 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. NANCY DYSON Defendant NO. 00- r:P/4( CUl({~ 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 obj ections 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. CUMBERLAND COUNTY BAR 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 ACT#:5418255000158688 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS NANCY DYSON 8 HILL DR CARLISLE, PA 17013-9650 DEFENDANT NO. iJv _ 'il 'II c.~-/Do4>"- 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, NANCY DYSON, has a mailing address at 8 HILL DR, CARLISLE, PA 17013-9650. 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 5418255000158688. 4. The Defendant requested an account, account number 5418255000158688, 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 "AU 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 $4,127.46 as of 09/06/2000, plus pre-judgment contractual interest at the rate of 21.74% 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 $701.67. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $4,127.46, plus pre-judgment interest at the contractual rate of 21.74% per annum from 09/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $701.67, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT 1- 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 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 $4,127.46, plus pre-judgment interest at the contractual rate of 21.74% per annum from 09/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $701.67, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. 1~ /~ BY: f/ \ ~ VALERIE 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. ~~"- '1~ iJi17 PROyl DIAN ~ Financial ...~....~..~....... " ~ _.r1"~. Plea:se review this document and keep it with your other Important papers. This Account Agreement contains the terms which govern your Provldian National BanRilfS'A 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 prOVided to you as an additional way to use the Account. fn this Aweement, "you" and #yo~r" mean each person for whom we have opened a credit card Account "We," "our," "ours," and "us" mean Provldian National Bank or Its ass:gnees, as listed on your billing statement. The Account may be useej only for personal, family, household, and charitable purposes, and not for any business or commercial purpose. Any use of thiS Account shall constitute acceptance of the terms of thiS 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 with payment instructions on your monthly statement. The back of your stat~ments shows the rules we follow when we post payments. Convelllence checks and other checks we Issue to you may not be used to make payments on your Account or to make payments on any other account you have with us or our affiliates The payment due will 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 hne. However, the payment due Will not beless than $15 (unless your new balance IS less than $15, ffl which case the payment due wrll be the <:lmount of the new balance), If your Account IS past due or above the creditlme, we may reqUire a higher minimum payment, but we will notify you before domg so. If your payment is more than the payment due, it Will be treated as a Single payment and none of It Will be applied to future payments due, We may accept late or partial payments, or payments marked "paid In full" or marked with other restrictions, Without losmg our nghtto collect all amounts oWing under thiS Agreement Finance Charges: Except as describedin the Grace Period for Purchase Balance section of this Agreement, finance charges begin to accrue on a debit when it IS included 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 B.alance, Yihlch 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 Advance Balances, which consists of balances tl1at you transfer to your Account using balance transfer checks and balances that we transfer for you; and the C~sh Advance Balance which consists o.f all other cash advances and cash advance trans.actlon fees Any payment amOunt we receive that exceeds the finance charges and 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 to the Balance With the next lowest APR, until that Balance IS zero, and then to any remamlng Balance. We reserve the right 10 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 cash advances are included in your Custom Cash Advance Balance as follows: funds electronically transmitted to other lenders to transfer balances, as of the date transmitted; checks fo fram,fer balances, as of the date presented to us. Other cash advances are Included In y~ur C.ash Advance Balance as follows: cash advances frol11 other financial Institutions and through Automated Tellers, as of the date made; cash advance checks made payable to you that are Identified as cashle~s checks and mailed to you at your request, as of seven days after the date we print on the check; 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 date posted. Finance charges are added to your Purchase, Custom Cash Advance, and Cash Advance Balances each day and are then posted on the last day of the biHmg cycle. There IS no grace perIOd for custom cash advances or other cash advances To fi,9ure the daily finance charge for each type of Balance, we start with your previous day's Balance, add all debits and su~tract all credits for the current day and multiply the net amount by the applicable dally periodic rate (see followmg paragraphs). The finance. charge for each type of Balance IS then added to and Included In that day's Balance. We treat a credit balance for any day as Zero. We determine the total finance charges on balances for the billing cycle by addmg together the finance charges for each type of Balance for each day within the billing cycle In calculating finance charQes, an adjusfment will be made for any transaction or payment that would have affected the finance charge calculation in a pnor billing cycle had It been posted In that cycle. The apPlicable dally 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. YOLJr statement includes an average daily balance for each type of Balance. You can multiply each average daily balance that is not zero by the number of days in the billing cycle and the periodic rat~ to obtam subtotals, and then add the subtotals together to determine your total fmance charges on balances for the billing cycle. If a cash advance transaction fee is charged, that amount is aJso a finance charge. Th~ term "Prime Rate" as used in the Agreement means the highest prime rate published in the Wall Street Journal on the first business day of the previous calendar month. Any Increase or decrease in the Annual Percentage Rate will take effect on the first day of your billing cycle and may result in a slight increase or decrease in the amount of your mllllmum payment. ThE; ANNUAL PERCENTAGE RATE (APR) for purchases will vary and may be adjusted each billing cycle up 10 12.24% above Prime Rate, but will in no event be less than 19.99%. Using this formula, the APR for purchases In the August 2000 billing cycle is 21.74%, corresponding to a daily penodlc rate of 0,05956% The ANNUAL PERCENTAGE RATE for cash advances is 21.99%, corresponding to a daily periodic rate of 0.06025%. If We receive your Account payment late 2 or more times in any 6-month period since October 1, 1999, on each such occurrence we may increase' the APR for purchases up to a maximum of 23,3% (corresponding to a daily periodiC rate of 0.06384%), and increase the APR for cash advances and custom cash advances up to maximum of 23.3% (corresponding to a daily periodic rate of 0.06384%1. 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 If at this time the APRs in your Account have already increased because you did not meet the existing terms of your Account Agreement, your existing APRs will continue to apply, If you meet all terms of thiS Agreement for 3 consecutive months and you contact our Customer ServIce department, we will review your Account for a possible APR reductIOn. StartIng July 2000, however, the APRs described in the preceding paragraph will apply, If your Account payments are received late 2 or more times in any 6-month period since October 1, 1999. Grace Period for Purchase Balance. New purchases posted to your Account in billing cycles with no previous balance, or when the previous bala'nce was fully paid during the cycle, do not begin to incur a finance charge until the start of the next billing cycle: You will pay no finance charge on such new. purchases if you pay the total new balance in full by the payment due date shown on YOur statement. New purchases 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 returned payment; each check you write on your Account that we return unpaid: each stop payment order or rel'iewal of such an order; each billing cycle within which your Account IS delinquent (late charge); and each biUing cycle Within which your balance exceeds your credit line (overlimit fee), even If YOUr Account IS closed. If you request copies of billing statements that were first sent to you more than three months earlier, 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 credit card account a fee of $4.95 for each request. This fee is a FINANCE CHARGE, and 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 financial institutions, and ATMs, wire transfers, money orders, lollery tickets, casino gaming ChipS, and similar transactions. ~~fault. You will be in default: if any information you provided us proves to be incomplete or untrue; if you do not comply with any part of this Agreement; upon your death, bankruptcy, or Insolvency; If you do not pay other debts when due; if a bankruptcy petition is filed by or against you; or if we believe In good faith that you may not payor perform your obligations under this Agreement. If you are In default we may, Without further demand or notice, cancel your credit privileges, declare your Account balance immediately due and payable, and use any remedy we may have. In the.event of your default, the outstanding balance 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 surt 10 collect the amount you owe. Credit Line. Your credit line is specified from lime to time in a separate notice. Your monthly statements show your credit line and the amount of your available credit. We may increase or ~ecrea.se your cre~it line based on Illf~rmation we obtained from you or your credit records. Your available credit is normally ,the difference between your credit line and your Account balance (Includlllg transactions made or authonzed but not yet posted). If you send us a large payment check, we may limit your available credit while we confirm that the check Will clear, For certam transactions, available credit may be less, You win not use your Account for, andwe may refuse to honor, any transaction which would cause you to exceed your available credit. Promis~ to Pay. You promise to pay us when due all amounts borrowed when you or someone else use your Account (even if the amount charged exceeds your permission), all other transactions ana charges to your Account, and collection costs we incur including, but not limited to, reasonable attorney's fees and court costs. (If you win the suit, we will pay your reasonable attorney's fees and court costs.] C~anges. After we provide you any notice requ~red by law, we may change any part of this Agreement and add or remove requirements, If a change is made to the Finance Charges section of thiS Agreemellt, the new finance charge calculation Will apply to your entire Account balance from the effective date of the change. Changes will apply to balances that include items nosted to:im!L Account before the date of the chanoe, and Will apply whether or not you continue to use the Account. Foreign Exchange/Currency ~onversion. If you use your Card for transactions in a cwrency other than U.S. dollars, the transactions will be converted to U.S. dollars, generally using either a (iJ g9vernment-mandated rale or (II) wholesale market rale in effect the day before the transaction is processed, increased by three percent (3%). 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 the cOnverted amount in U.S. dollars ,-, Prc'/ldian National Bank VISA!~.~erc. a. rd.@ Account Agreement for N ,0$1 ~ ~.I.'I/f:t....(:l August3200 . ~: ~flQJi (, (Continued on reverse) (5846-0698) 5418255000158688 1529 5812561 The Card; Cancellation. You may cancel your credit privileges at'any lime by notifving us in writing and destroying the Card(s). Upon the Card expiration at the end of the month shown on it, we reserve the right not to renew the Card. We may cancellhe Card and your credit privileges at any time after 30 days notice to you, or without notice If permitted by law. If your Card is cancelled or not renewed, finance charges and other fees will continue to be assessed, payments Will continue to be due, and all other applicable provisions of this Agreement Will remain In effect. If you terminate your credit i:>rivlleges, or If we cancel or do not renew the Card, you may no longer write checks on your Account, and you should destroy any unused checks we have Issued to you. Personallnformatioll; 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 information. We reserve the right to obtain Information from others, Including ~redlt r~porting agencies, and tqprr""'>1Q ~nur address and Information about your Account tCl others. We mav also share information with our affiliates. However vou mav write to us at anv time Instructlna 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 credi1 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 Personal Identification 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 orstolen, or that there may be an unauthonz.ed tra~sac~ion on you~ A~~ount, you Will promptly notify us by calling 1.80~.933~72~1: So we can Immediately act to limit losses and liability, you Will phone us even though you may also noMy us In writing. Your liability for unauthorized use occurring before you notrfy us IS limited to $50. If you report or we suspect unauthorized use of your Account, we may suspend your credit pnvlleges until we resolve the problem to our satisfaction or Issue you a new Card. If your Card is lost or stolen, you will promplly 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 T eHer Machine refuses to honor the Card or accept your checks, or fails to return the Card to you. We have no responsibility for goods and services purchased With the Card or checks except as reqUired by law. (See Special Rule below.) Certain benefits that are available With the Account are provided by third-party vendors. We are not responSible for the qual/Iy, ava/Jab/lily, or resul!s of any of the seN;ces you choose 10 use. Stop Payment Orders. If you wish to stop payment on a check, you may send us a stop payment order by writing to us at our address for customer service listed on your statement You can make a stop payment order orally by calling the number 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 It was payable, the name of the person who signed it, and the check number. You Will be asked to confirm an oral stop payment order if] Writing. We mav dlsreaard vour oral order if we do not receive a sloned written confirmation within two weeks after the oral order,.or If we have not received an adequate deSCription 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 vvntten 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 processin~ system will call our attention to certain Items which we will examine. We will examine all transactions when you report that your Card or checks have been lost or stolen. We do not Intend ordinanly to examine all items, and we will not be negligent if we do not do so. This rule establishes the standard of ordinary care which we in good faith will exercise in administering your Account. Because of our limited review, and because neither your cancelled checks nor Card transaction slips will be returned to you with the monthly statement, you should bg 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 aaree to check vour monthlv statements aaainst your record and to notifv us Immediatelv of anv 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 later. You waive: the right to presentment, demand, protest, or notice of dishonor; any applicable statute of limitations; and any right you may have to require us to proceed against anyone before we file sUII against you. Applicable Law; Severability; Assignment. No matter where you live, this Agreement and your Account are governed by federallawand by New Hampshire law. This Agreement is a final expression of the agreement between you and us and may not be contradicted 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 thai proVision modified to conform to applicable law, and the rest of the prOVisions in the Agreement will still be enforceable. At any time after we determine in good faith that any proposed or enacied legislation, regulatory aelion, or judicial declsion 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 permilled by law, cancel the Card and your Credit privileges. We may transfer or assign our right to all or some of your payments. If state law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the 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 period is specified in this Agreement 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 Bill. If you think your bill is wrong or if you need more information abo"ut any transaction on your bill, write us on a separate sheet, at the address listed In the Billing Rights Summary on your bilr. Wnte to us as soon as possible. We must hear from you no la1er 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, 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 R;g~ts and Our Responsibilities After We Receive Your Written Notice. We must acknowledge your letter within 30 days, unless we have corrected the error by then.. Within 90 days, we must elth~r correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue t~ bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are Investigating, but you are stili obligated to pay the parts of your bill that are not in question If we find t.hat we mllde a mistake o.n your bill, you will not have t.o pay any finance ~harge related to.any questioned amount. If we didn't make a mistake, you may h~v~ to pay finance charges, and you Will h.ave 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 YOLl owe, we may repC?rt you as .dellnquent. However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, w.e must tell anyone we report. you to that you question your bllt. And, we must tell you the name of anyone we reported you to. We.must tell anyone we report you to that the matler 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 th.e merchant, you may not have to pay the remaining amount due.on the goods or services. There are two limitations on this right: (a) you must have made the purchase in your home state, or If not within your home state, Within 100 miles of your current mailing address; and (b) the purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or If we mailed you the advertisement for the property or services. ;'.1. VERIFICATION I, HEATHER KOOREMAN , 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, i the ate of California. Date . HE TH R KOOREMAN Deslgnated Agent 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 NANCY DYSON Defendant NO. 00-8141 o R D E R AND NOW, to wit, this Jilt day of /'VI 1)1 20b~, upon consideration of Plaintiff's Motion for Summary Judgment, Memorandum of Law, and the response of Defendant, if any, Judgment is hereby entered on behalf of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant, NANCY DYSON, in the amount of $4,127.46 plus interest at the contract rate of 21.74% per annum from 9/6/00, plus reasonable attorney's fee in the amount of $701.67, plus costs. BY THE COURT: d4- J. '" .' clK.a..J:',_~L, rei Co, I b 2-.;i;; L~t:;).A.._Q./)...?<.. ..21 f.' T)tvv<"''J b(jA;~~ 'i e cvJo.. :f,..'^-'- d04CC-UoA<1.C 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 NANCY DYSON Defendant NO. 00-8141 MOTION FOR SUMMARY JUDGMENT TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Plaintiff moves the Court to enter an Order for Summary Judgment and states the following reasons therefore: 1. The Complaint in the above captioned matter was filed on November 17, 2000 and service was made upon the Defendant on November 27,2000. 2. On or about 1/8/01, the Plaintiff, by its attorney, served upon the Defendant an original Request for Admissions addressed to the Defendant. A true and correct copy of said transmittal letter and Request for Admissions are attached hereto, made a part hereof, and marked Exhibit "A". 3. As of this date, the Defendant has failed to file its Answer to the Request for Admissions within thirty (30) days after service as mandated by Pennsylvania Rule of Civil Procedure No. 4014. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 4. In accordalice with Pennsylvania Rule of Civil Procedure No. 4014, as a result of Defendant's failure to respond and answer the Request for Admissions, all of the Request for Admissions are deemed admitted. 5. There are no genuine issues as to any material fact and the Plaintiff is entitled to Judgment as a matter of law. 6. The Defendant, by its failure to answer the Request for Admissions, admitted its obligation to the Plaintiff as claimed in Plaintiff's Complaint and admitted there are no facts upon which it relied as a basis for any defense in this action. WHEREFORE, Plaintiff prays that the Court enter Summary Judgment in its favor and against the Defendant in the amount of $4,127.46 plus interest at the contract rate of 21.74% per annum from 9/6/00, plus reasonable attorney's fee in the amount of $701.67, plus costs. PARK LAW ASSOCIATES, P.C. BY; 'If n, aA~ VAL~RIE ROSENBLUTH PARK, ATTORNEY FOR PLAINTIFF -'~~. ESQUIRE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS Valerie Rosenbluth Park, Esquire, being duly sworn according to law deposes and says that she is the attorney for the Defendants in the foregoing matter; that she is authorized to take this affidavit on its behalf; and that the facts contained in the foregoing instrument are true and correct to the best of her knowledge, information and belief. Valerie Rosenbluth Park, Esquire further understands that false statements made herein are subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification to authorities. \/(U)~' Vale~ie Rosenbluth Park, Esquire THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE PARK LAW ASSOCIATES A PROFESSIONAL CORPORATION 25 EAST STATE STREET, SUITE 101 P,O, BOX 1779 DOYLESTOWN, PENNSYLVANIA 18901 V ALERlE ROSENBLUTH PARK'+ ROBERT E. ANGST' TELEPHONE (215) 348-5200 FACSIMILE (215) 348-4015 -ALSO MEMBER Nl B~ +Al.SO MEMBER FL BAil. January 8, 2001 NANCY DYSON 8 Hill Drive Carlisle, PA 17013-9650 EXHIBIT. A- RE: PROVIDIAN NATIONAL BANK VS: NANCY DYSON DOCKtT NO. 00-8141 CIVIL OUR ~ILE NO: 19836 " Dear Ms. Dyson: I am enclosing herewith the following: (1) An original of Request for Admissions addressed to you; (2) An original of Interrogatories addressed to you; (3) Plaintiff's Request addressed to you. for Production of Documents Do note that, this office will consider your having complied with the 'Request for production of Documents, if copies of all documents which you propose to produce are submitted to this office two (2) days before the date set forth in the Request for Production of Documents. Please be advised that we intend to attaChed hereto and Plaintiff's Complaint upcoming Arbitration and/or Trial. submit all documents as evidence at the Very truly yours, PARK LAW AS~?:C. V~~E ROSENBLUTH PARK, ESQ. BY: VRP/:rer Enclosures 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. 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. NANCY DYSON Defendant NO. 00-8141 CIVIL PLAINTIFF'S REQUEST FOR ADMISSIONS AND ACCOMPANYING INTERROGATORY TO DEFENDANT PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE NO. 4014 TO: NANCY DYSON 8 Hill Drive Carlisle, PA 17013-9650 Pursuant to Pennsylvania Rule of Civil Procedure No. 4014, the undersigned attorneys for Providian National Bank hereby request that Nancy Dyson make the following admissions within thirty (30) days after service, for the purpose of this action only is subject to all pertinent objections as to relevancy: Admit to the truth of each of the matters set forth in the Request for Admission included herein; make a written response, sign the same, swear to it, and deliver it to the attorney for the Plaintiff herein within thirty (30) days after the date of the service. YOU ARE INSTRUCTED: 1. These Requests for Admissions and accompanying Interrogatory are directed to the Defendant, itsihis/her officers, employees, agents, servants, assigns, representatives, p~st and present, and unless privilege is claimed, each and every attorney, past and present, of each and every such individual or entity. .As used herein, "Defendant," "you" and "your" means the Defendant to which these Requests for Admissions and accompanying Interrogatory are addressed, its/his/her officers, employees, agents, servants, assigns, representatives, past and present, and unless privilege is claimed, each and every attorney, past and present, of each and every such individual or entity. 2. These Requests for Admissions and accompanying Interrogatory encompass all information, documents and records that are in the possession, control, or custody of Defendant or any of its officers, employees, agents, servants, attorneys and assigns. 3. or to the stated. If any objections are made to any Request for Admissions accompany Interrogatory, the reasons therefore shall be 4. If there is any claim or privilege relating to any request to admit, or Interrogatory, you shall set forth fully the basis fOr the claim of privilege, including the facts upon which you rely to support the claim of privilege in sufficient detail to permit the Court to rule on the propriety of the privilege. 5. If your response to any request if not an unqualified admission, your answer shall specifically deny the matter or set forth in detail the reasons why you cannot truthfully admit or deny the matter. 6. A denial shall fairly meet the substance of the requested admission, and when good faith requires that you qualify your answer or deny only a part of the matter of which an admission is requested, you should specify so much of it as is true and qualify or deny the remainder. 7. You may not give lack of information or knowledge as a reason for failure to admit or deny, unless you ~tate that you have made reasonable inquiry and that the information knqwn to you or readily obtainable by you is insufficient to enable you to admit or deny. 8. These Request for Admission and Interrogatory are continuous in nature and must be supplemented promptly if Defendant obtains or learns further or different information between the date of the response and the time of trial by which Defendant knows that previous response was incorrect when made, or though correct when made, is no longer true. 9. Unless otherwise indicated, the time period to which these Requests for Admission and Interrogatory are directed is from on or about the date of the account opening.through the present. 10. This Request seeks the admission of the genuineness of various documents. In some cases, there are printed number and letter codes that run along the bottom of particular documents. In other cases, the word "evidence" and other identification marks may be affixed to the document. Such numbers, letters and identifying words were affixed to the document. Such numbers, letters and identifying words were affixed during the accumulation and copying of the documents for this case and are not to be considered part of the document itself, except for purposes of referencing the document. The Request does not seek Defendant's admission regarding the accuracy and genuineness of those numbers and letters, but only the document on which those numbers and letters have been placed. 11. If you are held or are sued in more than one capacity, or if your answer would be different if answered in any different capacity such as a partner, an agent, corporate officer/director, or the like, then you are required to answer separately in each such capacity. Further that pursuant to Pennsylvania Rule of civil Procedure No. 419, if at Trial or during Hearing, a party who has requested r< Admissions as authorized proves the matter which the oth~r party has failed to admit as requested, the Court on Motion, may enter an Order. passing as costs against the other priority, the reasonable expenses incurred in making such a proof, including attorney's fees. DEFINITIONS: 1. All verbs are intended to include all tenses. 2. References to the singular are intended to include the plural and vice-versa. 3. "Any" as well as "all" shall be construed to mean "each and every." 4. "And" as well as "or" shall be construed disjunctively as well as conjunctively, as necessary, in order to bring within the scope of these requests all information that might otherwise be construed to be outside their scope. 5. "Refer to" or "relate to" means constituting, defining, describing, discussing, involving, concerning, containing, embodying, reflecting identifying, stating, analyzing, mentioning, responding to, referring to, dealing with, commenting upon, or in any way pertaining to. REQUEST FOR ADMISSIONS 1. Do you admit that you applied for and received from Plaintiff, providian National Bank Credit Account Number 5418- 2550-0015-8688? 2. Do you admit that at the time you received and accepted providian National Bank Credit Account Number 5418-2550-0015- 8688that you received the Providian National Bank Account Agreement, a-true and correct copy of which is a~tached hereto, made a part hereof, and marked Exhibit "P-1"? . 3. Do you admit that as of September 6, 2000 your account had a current balance owed in the amount of $4,127.46 which includes interest, attorney's fees, court costs to date, and less payments made? 4. Do you admit that there are no offsets or credits which are due to you from the Plaintiff? 5. Do you admit that you agreed to pay the collection cost the Plaintiff is incurring or will incur including, but not limited to, reasonable attorney's fees and court costs as more particularly set forth in the providian National Bank Account Agreement (Exhibit "P-l" attached hereto)? 6. Do you admit that $701.67 is equal to 17% or less of the outstanding balance and is a reasonable attorney's fee to effectuate collection of the past due balance? 7. Do you admit that there are no facts on which you rely as a basis for any defense in this action? " 8. Do you admit that there are no documents, writfngs, papers, or letters which you intend to utilize as evidence of or as a basis for any defense in this action? 9. Do you admit that you have not paid Plaintiff any payments since September 6, 2000? 10. Do you admit that you agreed to pay a finance charge to Plaintiff which amounted to 21.74% per annum pursuant to Paragraph the providian National Bank Account Agreement (Exhibit "P-l" attached hereto)? 11. Do you aqrnit that attached hereto, made a..part hereof, and marked collectively Exhibit "P-2" are true and correct copies of the records of the Plaintiff showing cash advance, charges and credits incurred through your use of the providian National Bank Account issued to you? 12. Do you admit that each of the documents attached as Exhibits to these Requests for Admission and as attached to the Complaint is a true and correct copy of the original documents and is admitted as being genuine and authentic? 13. Do you admit that to each document identified above as an Exhibit is a business record of the Plaintiff for the purpose of its admission into evidence at the Trial of this action? " PARK '7~~: BY: VALERIE ROSENBLUTH PARK, ESQ. Attorney for Plaintiff I understand that false statements made herein are subject to the penalties of 18 Pa.C.S., ~4904, relating to unsworn falsification to authorities. Nancy Dyson, Defendant 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. JAN. 2.2001 1: 44PM PROVIDIAN NO. 5794 P"uid",n Nalionel811l1 VISA. or M..I.rC.,~ Account AgrAAment rot Nancy DVson A,gUSI3,2QQO P. 15 Plme rlView !hit dacLlI'llent and keep il ~ijh your olhllllmportantPepers. i~l! AccourU AareeJl'etll conptlhe lerms wh~ p'ttn Y(JUt PrlNid!1UI NaUonaJ Bank VISA or MtstcrCn Ac:coum l\he "Account'1. The Account allows you Ie mBkt purchases by using ',tour \It SA or Masle~ard ~rd llht "Cald') wh.'~ver 1111 hclKlred and 10 gel co.th advan~Bt Irom us ar any other Participaling financraf InstiluuCll'l and !'rum Aulolllllted r sfler MllOnlf\6S C<lnwniellClI' ;h,ck, m~ aa be prOVlatd 10 ytJIJ as an sddilUmal way to use lhl Atc:cunt. 1ft Iblt AiZrNlMfl'l ~OU.1Ild "yQUI'" mean each person for whom we have op",.d a credil cardAcCcunt. 'We,' "auI," .OllrJ,. and,"lIs" mean PrO\lId!an NlUclnel g.nk or ill aSSigll.. 211 listed on Y,QlII' billing slaliment The Acccunt ItJI)' bB ",lid only (0/ pe""nal, Wltily, llau.ol1old, ",d cI1aril411le ,,",poser, ..d nol rc. "'Y blalllt" 01 ca"""'ci!J _ Atri us. o/l/J~,oI,<OWll WJJ COIl,lilllle 'cupl_ alll>e ,,,... alliliJ Ag,..ment. You an~weagre. ..loI/oWo: Paym.n". You will .oc",e . monlh~ ,lalemenl,!wwingyoul "'I'landing ballnoe. Poym'n1 on lIli. ~CCO"" ~ ~ in U,S, do".., ,~, m"'l be payabia .,. U.S. oUio! o( 1Il'lan~ 1m! check i, drawn on) far al tmltha paymenl due al,hown onyoUf stateme"t bV lite payment dl1l dale In IC.ccrdanct wllh payment ms1fUCillon$. on your monlhly 81.lament. The blck of your slalemenll shO'WJ lne rules WI fDIlOw wh.n we- po,' payment,. CQflVenitr'lCll checks ando'her~l<f" iSM 10 f4'U may nol be used romall:e peyrrlrntJ Q(J your Accowll or 10 maRpsymen" Qft any ellter acc:ounl you have with us at our alfiUalea. The payment dLle WIll be: 2% of 11\& new balance shwn an your slalement piLlS I~ .mounl of any pasl dLlt pl1ymeJll, and may inclllde lhl amounl by wn<n IIla new boIanoa """do you, c""ll ~ne. How...', ihe pay""!,' due Wlg.OI b..Ia",haII $15 (",lot. your.... balanm. /as. /!>lIn $1~, in *11.... 1'" _nl dun,II be Ihe amounl oflhe ~~baIBl\ce).ltvour ^"ounl is pesl due or abov~ l~ecrlC!it Il!'e. wemav require a hIgher l'Illlllmum payment bulWe,wllIl\olily you before dc:Ilng SQ, IfYQIW ~yrnenlls more Ihan Ih. paymenl dJJe, " wig b. ,eel.d as . ~ngl. pavmenuna none 01, win be OjlpUea 10 II/IUlo paymellJs dIIe. W. J!lIY .",pl hll. 011""1ie1 poymenJs. orpaymenls ".,ked '/OilI m fuJr or mailed wilt! other restrictions, wilhcul IOSh1g our light \0 collect aU amounls tMing undlllr \his Agreement, fin,nee Chlrg.l. Excepl as described 11\ the Orael Plnad for Purchase SlllftC:' sec1illn af lhis: Agr~cmen(, finance chftges t1egtn 10 I<<tUf Oil a cIeb~ when jf it il1c:luded'lMlfte otrovr daily blllal\ces and ccnlinut untU lharbilllance is reduted by ,~m."l at Cl'edit Your Accaul\l1\as lhe lol!oWlI\~ balances: The Purchose ~Ian.ce whkh centlSls otlour hitling Purchase aalance and nlllW' pwchasn Y(lU make ~llh your Card and ltis (or certain option" $GNicet; 0tTf or more CUllom .os" ~nr.8 81lsnceJ whiCn conI;sl! of bllancesll1..)'DU tnmsler lD yaW' ACeDlIIt' uSing b.lancalran,ler cnecks andb8lenc:es mal we lransler (~r yOU; and \h8 CJ~'~ whiCh COf!sisla of all other wn adIIancet and <:ash acNance lratlsactlOI\ fYs. ~ paymen1 amQunl we receil.lelltat ~Qds lhe finance th.s andfefS fftett~ wiD oitiii;aiiJyQQBWJiid {usJlo Ihe 9aJ&ncf wJJh !he 1l1WeJl AnnuelP4fFhfaQEI Rate lAPfU, lIJ)m \hJl BaJanw iI %810,.nd then to 11Ie elllll"C8 wilh lhG nullow..1 APR. unhllhal BaliJ'lce II zero. ancl.lhen 10 any rvmaining Balane~. We rlSAl\le lhe righl 10 apply pa)jaenl$ differently wilnwl [utthQf noUet. The Purchase, Cu.lom Ce.hAlll."". and Ce.n A<lr.lnce e.Io'''' er,,_ by ,aym"I... 0/ lna iIelf ...,;verl, IlJ1dby CtO<if... 0/ 1110 dale ,,",lid, Purc/Tm.... m</UIled in ~ Purchase BlIta"CI1 as of the dale mad.. CUstom cash uancas ate in;\Uclad in Y~l.Ir CIfSUlm Cash A~llilnct Ba1BnC& as /Qn~,: run~1 eIIcllonically lranamllted lO-blhel' lIndArs 10lrentrer ba1ancesl a:: of [he dale franlmined; ctrrcks 10 lran.(et baf8nGtS, as ot iht dale Pi'e5'ftIlad 10 us. DIn<< cash Il:WaMlJ ate incfudatI m your Cash Ai'JvatlU 8aIeIIC8 af roIJDws: cun ltcWnc~. flom olher finlnl:ial inslitutio\'ll and lhrwgl\ Aulomalad Tellers. as or Ihe dati made; cash BOJ8l\C8 checks made payabllllo you I!'al are i~nuned IS cashieflJ chKk1 and mailaQ 10 yoll al your reques/," 01...... ctsysa"" III. "10 we fl(inl,., lhOcI1a<k; all olheroheek.", allna dallpr"""led Ie us. Oli>el debllslllll inoIulIedJJlyoUl ""'c/las~ Cus_Ca.hAlllsnce. 01 Cash ACla"" Balance as ollhe dale pOlled Finance chefget are addec1lo your PurChase. Cuslom Cash AOVatlCB, and Cash Advenc:. BaI,,"cC$ eacl\ dey and ere \118J\ posled on Ihe last day Dllhe bll>>ng cycla. rh~' It no QraGe'p.rlDd Iw cUltom Cllhawanees tJI aBler cash oanees. . To figulQ lhe dllily finance charge for each lype of BaJlrlce, we sl8rl wilh your previous day's Balance. ~dd all debils and~blt8cl en atclits fer Ihe eutrenl dll'f and mulliply lhe net amO\Jnl by 1116 epplic,b~ doly ~ooic lal. (ae. ~llewing p.ragraph./. Tn.!nInee dlarge foracch type Q/ e.lsrn:e" 1110. saded l..nd ...lulIed in Ilia! dSy', /laUmce We lrea'..tei>l b.I"",. ror "'y eay as tGIO. Wo dlltQfff\ine the 'Dial finlilnee charges an balSIlCIIIS for1he b~ling cycle by addinglllgGther Ihe liMnce charges for eac"" ty~e of Bala.nct for isch day within the billing eyclt. In calculaling ~_ <hs~', .. edjtISlmenl "m be m.dS for "'Y """"'licit lit P"l"""" ~,I woiJ1tl "".alleClea ill. _"chalg. c.lcuJallooin. pIlOT billing CVole Iiad ij been "",,.a i, ihe' cycle. rho a~pnlOabll dallV peli~alC rale fClf lluch a I..n.action will ba lhe rala il'lenecl tor IhQ cwrenl bdhnlJ <lYcl. ralher (hen lhe rate lI'l affect on Iha dale of 1I1Q Irar181,lian. Your Ilalemel''IIlnCludes an 8VeTIgB da~y balance for sn lype olBalance. You can mulliply each average cIIiIy bala~ 1~.It is IWl Zfro by Ihe nvmbet of dayall1lhe ~ cycle IfTCllhe ~ rale 10 wtain 1lJblol.ls, and then add Ihe subtotals logelhar to detettnine your lolalllnenca chlllgn on balanc,s lor the blUIng cycle. If tlI cash advance II:8I'\'.li1clion ~, is cnargetl. Ihal amount is Illlo II fil1:ancllt en., Tha 1erm .Prime RIII,- as used in lhe AgreelnGnl rneepS lhe hlghesl prime rele p,ublished in Ihe Wall Slmet Journ.at on Ihe fllst business d;q of the pr~lous ,alandill' monlh, Any incfQase or c/lcresse in Iha Anpvll Percenlagl Rale win take effect on the rlr.ll day of your biHing eyer. and may resulf in II ,'ighllncreasl1 or decreu. in the amount 0(. yoUl minimum payment Th. ANIIU,ol~ PERCENTAGE RATE (APR) lOt puren.... willvel'/ end may b, adjusled ese. bil6ng ,,/cl. up 10 12.24% aboua Prime R'Ie, bUI will 1ft '0 even! be 'e.. ''''', 19.00%. U.ing Ihi. formulal Ihe APR for purchases in Ihe Augusl2000 billing cycle is 2174%1 corre5pondlf\g to B daily pet"oClic rale of 0.05956%, The ANNUAL PERCENTAGE RATE lor ",.h aa"""" is 21.9$%, c01reopotlilng 10 a daily p"jodN: rale of 0.06025%, II we rllCINe your Account paymenllale 2 Qr more limes in mn.y 6.monlh p~riod since Oclober 1, 1999, on aach ,uGh occurrenCQ ~e may I~aase the APR lor pwchases up 10 a muimum of 23.3% (correaponding 10 a dally penod'lC rait or 0.06384%), Bl\d increase In. APR far cash 1Il:W~'.t Ifnd G'uslDm clsh ilClances lJI2 to msxllrtllm of 2J.3% (correspondltlg 10. daUyperiadic mle 01 O.06~64%). If aftet\l<lu tecei\la the higher rales yout paymenl. are receNldon lime and you meel all olner (elms of this Agreement tor 3 conaeculive mMlhs, you ln2IV conlact ourCuttomer Sft',IICS depBtfnrent and..t yGur ~.'l, we wiD revitw your Ac.:ounllor a pos!ibleAPR reducfiDn. 11 al thiS lime the APRs in VQUr Acctlunl have alresctt jntrelsed because you did nol "lelt Ihe exisling Itlrm~ of y~UI Accounl Agleemenl, your e)fisling APRs will contillue 10 81!~ly: II you mllll all ferms c1lnls AgreBl'l'Ienl for 3 c01\Se:culwe rnonltrs eM XOu cllnlad our CUSlGmer SeMCadepartmenl, we wfU r.ltleW yout Accotml tOl a postlb/A APR reduc/lon. Slitting JuIy~. howev4f, Ihe APRs dellCribed in 1M precedll'l9 paragrllpn will apply, If 'lour Account payment; Ire rtew.ed fetv 2 (lr mare 111f\n in any 6.monlh period sinte OCtober 1. 1999. - Qr~ce Plllod. for PulChall e,lane.. New pWChUd posted to VtJUr Account in bintng eycles wilh no previous balance, 01 when lhl previous barance \lias tully paid during lhe cycfe, do nOI begin 10 Incur. finance <:harge untillhe slarl of lhf I\Q1t billing eytle. YO\I wdl pay f10 rlll81lCe cl'ialge on such new purchases if you pay the 10lal new balance in full by Ihe payftlenl d1J. dalt shown on your ,(o,foment New purchees pas red in any olhll billing cytle iftcur a BI\GI'lCO. chsrgf. alld Ihere is no petiod in wh1clf 5",1'1 plIl'chptf may be mpatd wi/flout IRCyrring a Rnmct: chsrge, Flel. W. may char9tyoW' AtCOlinI SO far: a3th Csrdyou 815k u. 10 repltQe; each fl.:llulnfldpaymftnl, each ~heck youwrile oft yourAccounl \hal we relum unpaid: each:cI~~P8vmQf'l1 order or renewal 01 such an order. ead'l billing ~Ie wilhi'1 which y~ur A"ounl is 4tflftquent ~'t.c1Iargel; and each biUing eycre within w";ch your balanCl Qxceeds yam credil fine (CYellimil reel, even i1 your Account is closed. If you leques\ copies or billing afalemenlS lhll Wile first Slnl to yell mora lhan three months elilrllor I we may charge a handling fee 01 52 (or each such copy. I you TeQ\lllsl !ha~ we maw, I oll...lime aufomalic: paym8ttl from v.our pCf5Clne' d\edUng account we may cnargli 'fdur credit card accautlllleeoU.c.95 for each teq\Jtst. This fte is a FINANCE CHARGe. and II wdlspply regardlClss 01 whelhm IwldI are al/Illlabla ill your pelsDnal checking acCOUftllO make 100 PAVTnllnt. W. may chatgl a llllln,aclion lee 01 3% IminiJ'ftum S5). wllicb is. Qnt.Umo FINANCe. CHARGE'. ~n the amount of oach cash atNllnce, incftJdi"!:I cash from ~^al\Cial institutions i!ll1dA 1Ms, wire lranslers, monllY mders.IoUery hdtels. casino gillming chips, andsirft,illr IraRStdions.' I ~tflull y~u wdl be in defaull' if any informatIon yo~ pravided us Pfo~~ lo.be IllComplele or unINO; if~ do I'IC!t co~p1y with ~ny pan 01 Ihis Agre:emellt. upon)'ClUJ dGalh, bankruptc:y, or I"solvency: If you do nol pay other debts whe" due: if a bankruplcy pebllonlS med by or agslnsl ycu; or If we beDeve In good lallh Ihat you m~ nat pay GJ perform yaw oblgalions W\drr'lhi3 Agreement If you are in default we may, Without fullher demand or nolieQ. C81\tfel yaw credil prNlleges, dedare you.' Account balance ImmGdialely d"ue and pay,blll, Bnd use any reme61 we mey 1'111/8. In the.",..,' 01 YOUI dlfaulllne oluslandlng balance on VOUt Ac;cou.nl shall eontinue to SCCIIUJ lnleresl allhe APR($) disdO$lld In 1h1t Finance CbJI'9Cl1 sectIOn of Ihis Agreement AVQtI if we have filed SUII to caRKllht amounl you owe. tredilUn.. Your credillin.e is ,pecified from Itmlto bm. In a separalenollct. Your monlhl~ CIalem~"19 SI\owY9Ur credil tint.nd Ihe amount ofyoutal/ailabllcrldil We rnaylncrellSe ar cllcraase your cre<:lit line baaed on intcrmaUan we obtained from YO\l or your ctedll reccrdl, Your IIwllable ctedit IllIormafly tl\e Iilferenct bewn your ered'lllin, and your Account balance ~ncIuding Irant8CUOl'1S IIIade or IlJlhorizedbut net yet posled). If you send uS a lalSe PlYmtnl cl1ec:k, we may rll1lil your available creclll while ~e GOnRnn lhel the check.in e1elr, FOl certain ttansac:UQns. available crldil mlY be tess. 'tau wil "ot uS, your ~c:counl for. Il'ld \lie rney teruse 10 honor, 8rly ttlnncllon which would' cause you tel exceed your lMIilebfe credit 'mmJle 10 Pa,. You Pi06lJSt lD p&V us whln d1Jt all &mOUn1$ OOllowett when you 01 someone else u.,. your Account [even If IhI &mOUII' Charged tXCllects yollr permi;,ion) allolh.r transae60nIL and charges to your Ac~ount, tnd coneclion cosls we 1l\CUllncluding, bul not r.tnlled to, rea!ionable allorneys fen andcQUjl cosls. (If you win lhe Suit. we wil'~ your reasanabl. a!lomey's rees IInd ccurl celll".) C~.Inges. Aftel'we pfovidt you any notice requiredbll6W, WI may change. II,ny pari oUhis Agreement and add ot remove rt'\Uirernents. II a chang. is made to lhe Rnlncl Cltlrgeu9C!lon of I~' Agreement. !ho new flllOJlCe ohltgll celc""Ue.,.; apJl~ '" l'OU/e."e,ol<<ininJ 11eI_ fr..,lhe Oflecwe dol' o//h. oJl>Jige. Chong.. willeppJy 10 bulanc..!hol inollJd. ;1.,., Dosled 1.= ~ccount belore IhQ dele (If Ihe chanoe, and will apply Whether or no~ yOll conlinue 10 use tne Account. Fortrglll!lchlnglfCurrcncy ConowersiDft. (flOU ute)'OlJr CaR1rar 'IlInsacl{on~ m at:rmnGY oHterlhln u.s. dol/llI,lhe It8rtdetions win a. conver(8d to U.S, doUat1. generally Ufing eiUter I (iJ govornment.ft\Bndaled rale or li~ wholesall markell8\a In effect the day befOl1 the lrlln.saclion ill ploces9'ed, increased ~ lttree peteClnl (3%), If a credil is lubsequenlly wvto for a lran'Saetion it Will be decreased ~y Ihlt same percenrage, The cunency convef$ion rate usldon lha CDlIvet3iQndallt 1111)' dilfet from ma tale itt &lfect on 1M dale you u~4!dycur Cant You agree to aecapt Ih'e convel1ed amounlln U.S. dollars, . EXHIBIT I p- I JAN. 2.2001 1:45rM PROVIDIAN NO. 5794 P. 16 Th. Card; C.nc.lI.flo.. You may eancel you' ,ro~1 privilegel ""y lime by ~eli~ing us I.wrilillg anddOllloylng lhe~...(.), Upon !h' C"dephouon at Ihe en. doflh. menlh .~.... on II. we feserve ttle righf nollo renew lha CallI. We m8y' cancellhe Cardanc1 your creall pClVI/ages at If\Y 1m! aher JO Cays /lOa fo Vou, Of 'WU/'!Quf nolle. IfpertmtWdby I6.w. It'(QfJf Cmd is CII1CSHed or -.. ~Olltnewed. nnanca chargn and oihru 1m will CQntlnue 10 be IIlJSGssad, paymenls will ccnlit\\!Ilo bA due, and a\\ olner applicable previsions of \his AgTeemenlwill remain ir\ .ffect.l! you J8IminaJe yow crsDiJ pt;'JiJegIJ, CI if we canCtJ or do nol renew lhe ~d, you may no IDnger wnle ""ecks on YClUI Aceounl. and YOLl should llaslroy any unuaed chiCles we have ilsueIS 10 you. PersQnallnfo~matl~; Docume,nls. 'fou will PIClvldo ~I at 1835110 day. n~lica il you ~hang9 YQ~ name. home o,r maUl1'l9 address, (e~phcnG numb,,,, tmplOY':flent or '1I'ICOme, Up~ our . fequ8s' you WIll ptDVlda uS .addlJronaJ rmanmaJ mformsuM We reseNtlne nghllo oblill!1lnformallon lrom athers. Incll,lq.ng crcCliI reporting 1I8encll3s. and 10 p'lNlde yaur R6:lrGSS and Information BboutyaUrAceounI100ther.s, Wem r infor ' ihcu ffifi HOWBVIT \foumavwrilltlnu!l1I12.rw ti.m!iMlmeliMl.lsnCllo!lharlllcrlldit\nfnrmaIIClnwithtltlJafmiall!!9. l'you do nol Il.4lnn your obli~tion'll under I is ,\Qreemet'il, a negative credil rAllon Insl mav renact on your cradll may be submllted 10 the credit (eporting Bglncias. CURQmer Service: Unaulhorlztd Uu, Loll" or Theft of ChICks Ir tlte Card. Each Card must ba signed on rec&ipl. You ale 18$pQnslble ror 'Slfegual(bng the Card, your Pef1onalldtnlif1ealiol\ NumblJr ("PIN" which providellCCIllSS 10 AUlomalad Teller Mac:hin8l) and any et1eckl i~SUl!d to you from lheft, IInd keeping your PIN ieparale 'tOIll your C:UQ. If you discover or ,uspset Itlal your C~d. PIN: or any, unund elulcks arelQSt Of Slaten, or Ihat ltllnS may be an UIl8lJthariz.ed /(iI!'fac~ on yovr A':l:Ql.IfIl. yov wiH ~F<lrnplly notiJy J!f I2V ClUIng 1.su.133~~1, So we caR Immedilltely acllo limit losslls andllBbil~y, you will phone uS Qvon though you may .alao ~ahfy uS In WILling. Yaw liability '<11 un8ulholl~ed u?e ocC!Jwng be(Qre you nobly us IS ltmited ~o SSO. If you report or we 'UJpacJ IUla1illlcrind use of your Account, we mllY' surpend your cttdil pmlll!De! unlll WI !e,olve lite problem II) our sallSl3c:llOn 01' ISsue you a n&W Card If yaw Cald IS lost or licle", you wjll promptly de'Jttoy all checks in ~our posse'Ssion. To improve '\I,lomet seNII:t and security. you agree Ihat Vaut ~llg may be monllorBd Of recorded, Mer,hmt JhlllloJJL We will not be Jiabla iJ any pema.n or Automated Teller Machine reMClI to honor Ine Card Qr KC~1 your check:" or fails 10 relurn Ih. Cardlo yeu. Wo have no relponcibiliti 101 goods and soNi,.. pUleh...d wilh Iha COld 0' cne,ks ..'epla. required by I.w, (~.. Sptci~ Rule b.~w.1 Cel\8ln balKlNl. 111.1 alf .I<aiI,ble wilh Ih. Aceeu.1 at. providod b~ Ihlnt-pOlIy vendors. Wa ire nol reaponslble for the qJalily, avail~lilYI or resull, of Ifty oltha sefVlCII you choose to USI. Stop PaYlIIontOrdlll. Ityeu wislt 10 slDp pavmlnl on" check. you may send U1 aslop paymenl oldar by_wriling to us at cur addtlils for CUstomer Sorvic.e IIsled on your slelemenl, Ycucan make 8 step paymlnl order aftlly by calftnlllhe numbef listed on your Slate",en\' Who" you make a slOp payment order, you mus1 provide Voyr ACCOllntnumber and speCifIC intormalion aboullke check: the lI'JIac:1 amount, lhe dafl aR l~eCf\8I;k. 1M name of ltIe p.al'tf 10 wIIom 11 was payable. !ht J1amcof~ ~~ who signed n, and !he c:htQj( number. You wil/bt asked1a cOnfirm In oral tloppaym'nl~dl'inWfibng, Wsms' , e' rd r twe receive a,' rllleneo 1 Wllhl .ksallerI 81 rdef cr Uwe have nol received anadequale descriphon of the Uem so mal J)aYmenl can be slopped. e OIOG' will nol ei llCuve i the cheek we: pBiCl us belara we had a reasonBb It oppcrtunily to tel on the order, We may, WIlhotJl liabilIty, disregard a wrillell tlop ~avmenl ~rdar six month, aftu ,sceipl unlet' it is renewed in wrillnQ Standard of Care. Because lhis Ac~un1 involves bolh ~redil card IIna check uansaclions which ale proce"ed Ihr~Qh separale national 'Y'lIlem. before tile lransaclicns are eotlSolidaled by LJ$. and beC8u't not eveIy check and Card slip will be sent 10 us, Iran!1!cllons in yeur Account WI" b. pJocessed meth. anlcally wilhoul aur neceas.rily. rl1Viawing eve~ item. Our prcenGing system will call o~r al1o~llon 10 ceflain ill1m! Which we will ~xamin.,. WQ ....iQ IX8'!lin, aU Irans,KriGns when you reQarl ,!'Ial your Catc:i or c:h~cks have,bee;losloJ ,,1o\ln. ~'.do flOl intend ordinanly 10 eontlfte aI/Item., and' we WifI not be nllgligenl rl we do no! do .so. Thlf rul, eslBblislte.s lhe slandsrd 01 Dldinary care whiCh we In gcod fajln wi!keXerCl,e,^ adtnlJUsleting yat/l Accounl. S<<eaUSd of Ol.lr limi!r3d review, IInd because neilherYQur cancelled eh1lCks nor Card Ifansacl~n slip; will be returned \0 youwllh l~, t\'Ionlhly slatemen" you should be careful'o '!'ller all .:hecks In yaW' ChIck le91s1er Dl olhwise keep a nll:;:ordof Ihem, You should also sa"'& your cred~ cardeash adJen" and pUlchase shps, You Bcme 10 thGd< VflI.lT mOf\lhlv stalemfnt!l aaillinst your recotd and 10 noli'" us immediBlefv of anll unllull'f(l,;2td Irllrlllllclions or '''01'9 Waiver of C.a1a1r1 Rights. We may dela, er waive tnfotcernenl of any prevl'lion of lhis ^l1feement wilhout IDlIin9 our right (0 enfole. il or any olhrn prOVision latet. yO\! W8N&: 'he nghllo pf9Senlment. demand, pral"t, 01 nelice or di'3honClf; aflY appIi~abJe stal"le of limilallons; and .any righl you may haVIt 10 require us 10 proceec! againsl anyone befOl'I we file sui, Iglllinlll you. Applh;abl. Law; Severability; AsslglIll'llnt. No matler wnve ~ou five, thi, Agreement It'lc:lyour Account .are Qovemect by rQderat law anr:i by NIW Hamp$hire taw, litis Agre.meni:i1a final expres;ion of .the ag~e8mGnl f:tetw~~n ~ou a.nd ua and may not be ~nlradicl.d by evidenca or any 8~~ed O!al agreemenl, If ~y p~o""lsiCl1 of this Agreement.is held to be invalid.at ~nenforeaabl0, you and we Will consldet Ih'lll plOVJSlon modified 10 conform Ie appllcablt law, and the rest ot!he prcwlslons In Ihe Aareemenlwlll shR be enforCGablo. Al any lImA aber we detetmlne In gDod 'aith . Ihal any proposed or II!nacled legislsliOl1, r~gu/81ory ",lIOn. or it/drCial ~isiDn has rendetad or may ,.1lQ8I aJJr. malerial pttNisiw DlIhis Agreemenr lnvaIidOl~. 01 imf10se any increased 1M.. reporling r~uiremenl, or other burdefl in connet;\ien with any such prevision or Us enforcQrnon . 'He mB)', after 811easl3O ~s nollee 10 you. or wilhoul 1\oIICO i{ permiUed 'rt/ law eJn.:ellhe Caro \lnd your Credil pFl"illllgQS. We may lransfl!f or lesign our nghtlo all orsome of your paymenl.s If 'late law requires \hill YOll recehle 'totice of such an eVlnlta prolect the ' purChaser Dr BS'Signee. we may giYeyau 5utih nollce by Mng a flnlllncing stalemen' witb the stale's Sacreuuy or Sial'. Notlro.c. Olher nolitQs 10 you ,haU be glfective when dllposiled in lhe mal~ ad:fre:l:sed 10 ~O\l '/It lhe IIddru~ s~ on ~r locords, unl"9 a longer notice petiod 'IS specIfied in lhis ~9[eemenl or bV law, ,:"hi9h pe,iod Gl1all SIar1lJpGn mailing. NOlict la us shall be mal[ed 10 our addrass fOl cuslomer SQfVLC! on YC;IIJt :Iatement (or olf\er addresse, 'Ne may specify) ilnd sn!1l be effecliv6 when we recellle It. YOUR BILLING RiGHTS.. KEEP THIS NOTICe FOR FUTURE USE. Thit nalice conlains irnparl&l1l informalron l!bQufyour rignls and our respomlibiblie'S under ifie Feir Cleml BiRing Acf, HoJJIy U, In CAs. of Elton. fir QUUitfans AhoClt YOUI 8111, If you think your bill is wrong 0' if 'You neld more lnfOl'matiDn about any lranraclion on 'fOur bilt, wrile uS OA a separale 'neel, 811he addle$slisled in the Billing RighI! SummlllY on your bill. INril" 10 uS as soan II possible. We musl hRar rram ~ no lalcr Ihan 60 o'ays'atterwe 3el'lt you Ihe nr.s1 bill on which Ihe error or problem appeared. You can telephone us, bul doing so will nol preserve your nghts.lnyaur [Qller, Qive liS lhl fOllowing Informalion: .. 'four !'\ame andAocaunt number. .~ The dollar amo\ltltoflhe &uSpetled. elJQ,. - Ouame 1M eltOl an" explain. iJyou CBtI why you believe \here is anlrror.lfyou necll1more information, describe tfIe llcun you are not sure abouL If YOIl have authorized us \0 pay your C1'edil card bi\l8ulomalically from your Checking accounl, yeu c~n SlOp Ihll paymenl on any amounl you Ihir.ir. is Wnlng, T 11 slop ltle paymonl, yGu, leller must relKl1 Ll'S three bUlline-ss day, belore the aulOmatlC' paymel1l it sc:hedullld 10 occur. Your RJg~ta .nd Dill RecpollllbllltJ,,,Altar W, ReceJ~e Your WrlftelJ NorI':'. We mu,t .ckncwledQe'fOUl' leUar wilhin 30 deys. unleua we ItI\lG cerrecled the Gmu by lllen. Wilhin 90 days. wl1!lusl "lh~r etrrect lhe error or BKplBin w~ywa helieve lhe bill was corteel AfIerwlI receive yaurla,lter, weclflno,lll\' 10 collec:I,llny amounl YOu queslian, orrepo!l you as dellnquen1. We can conhnue 10 bIll you lor lhe amount you quesllOl'l. including finlllles charges, and we can apply any unpaid amounl agillnSI your credil fine. You do nol ha~lt 10 par 10)' questioned 1f1'I000nt Ylhilewe are invesligiting. but you ale sllll obligated 10 pay Ihe parIs of your bItt IhEl( are not in QUQllan, If we rllld Inal we made a mlslake on yO\lr bill,yeu will not hlWe 10 pa.y atr'f finllfl.;e cnarge relaledlo.any queslionedamollnt Ifwe dufn' make 8 mistake, you may hl~' 10 pay finance charges 81\d YQU will have to make up the missedpayl'llGnlS on Ihe questioned amounl. In 9ither tlse, WI wm .scndyou a slalement of lhe amounl you WIG and lhe dale lhal il is due. Ir you fail 10 pay ihe amounl we lhink you OM, wa m:rt reporl)lOU'1 d41Jinquent. f-!oWQ\lel, If ovr ellp)analiondoe,poJ saJis~ you 8JId YOUWlJ1e lout willM 10days tellillgIII IDII YOU3li1l refuse lopay, Wb mull/ell anyone Will repon YQU 10 lhalyou Qu"'tlQn ~ourbiU. And, WI NlLlsllel1 you tho nameolanyonawe reponed you 10. We mWllel1 anyone we report y-ou 10 !hallhtmallar hall been SQltlcdbelweert uS when iI fin81~ i,. II WII: do,,', lanDII' thasG rules. we can'l collecllhe fll'sl 55001 the questioned amaunl, even ify-ourbill W8$ COIcect Spe,'" Rut. 101 Credit C,td Purchas... If you have a preblem wilh the qU8111y of Ihe properly 01 str'i'ices Ihllt you purCtlll~ed.."iIh out credil Olrd and)'ou "eve tried in good failh 10 cemeel the problltm wilh lh~ me~a~'. you may nol havo ~o pay Ih.., ~emlllinlng amounl duB .~n the gogdl or seNic~. Tno,. arl ~o limilatiol'll on !his right: (a) you musl havt. m~e lhe purChase in your home ,'IJM, or It tlal Wllhlf1 Y,our home stale, 't'Illhln 100 mIl" of your currenl mtiling address; ftId (a) lite purchne ptle8 mus! hm taM MOle lhan 150. These liml1l1(lOnS do not apply i/we own ()r cperllllll!\e merchant, Cl' If we maited you I1\Q attJertisernen\ for lhe propellV or SANiee!. JAN, 2, 2001 1: 43PM PROVIDIAN """'r." ~~ "I~'. '~"'1N!'~1' ~'~'\~;!';II'Ui,,;l~~ t' ~~".,'.~;,"ll'" ..".::: :}\~,.......", ~ ......,. "....~" '~,., .' ,,'~~; I~' . ~'.....' .~ w' ~.. 7.f~~\1.~;[f~",~~~: "~~~1 NO, 5794 ""OUIlT ENCLOSED I $ I MAg Check_ P..".!:lll To Ptavldl.n p, 5 I - ACCOUNT IIUMBER 5418-2550-0015-8688 PAYIIEIIT DU. DATE ....IIII1UM '''ViolENT - NANCY DVSON 8 HILL DR CARLISLE PA 17013-9650 - - ~.,"" oaQOCO PROVIDIAN PLATINUM MASTERCARD S~~&2SS00D1sabaaD~1c74bO~1c74bO -------~--~------._------_._-----------------------------------~-------------- .- ACCOUNT SUMMARY CUSiOMER SERVICE PHONE NUMBER PAYMENT INFoRMATION PrttviaUl S.'lIlnca s..aI/U7 1-800.280.0559 MiW BALAIICE $4,I'a1.48 . credl.. .00 credll Un. h,oao . PIIVft1.nls .DO Avoll_ e...411 '1IlI + Plu'chn.. l ACC:l:ILlnt Nunatter 541825511 0015868. Mlnlmo.. 'aymenl IA,I21..' olhlr Charg.. .00 '. Pily~.n' Du. Oal. 1Il/3G1l1D + Clsh ,Ad"aoc.a ,OD "v.ra,e ANNUAL Dally "tll.~n.' 138. + FINANCE CHAnCE 81.1111 = II&W BALANCE 64,121.4. l)'pe of Salapce Dolly P/!RCENTACiE perludic 09105/00 Balance RATE Rale Purchalo U.1l2 21.14% .05.%.11 I' CIV. In Cath AdvlncB '3.9114.113 2t.Ga" .0802% Bllllnll Cye. 311l1ll1lD0II 1&20 15U "DelIJPaliadiOAilllema,very THIS IS AN AlTEMPT TO COLLECT A DEB". ANY INFORMATION OBTAINED WILL BE USED FOR THE PURPOSE OF COLLECTING tHE DEBT. PROVIDIAN NATIONAL BANK Access to erecllt Is essential In toda~s world. Bringing your Provldlan account to PAID status would be an Important step toward Improving your credit recQrd and restoring your access to credit. 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 NANCY DYSON Defendant NO. 00-8141 MEMORANDUM OF LAW I. HISTORY OF THE CASE: A Civil Action was filed on November 17, 2000 requesting Judgment against the Defendant in the principal amount of $4,127.46 plus attorney's fees of $701. 67 plus interest from 9/6/00 at the contract rate of 21.74% per annum and costs of this action. Defendant was served with a true and correct copy of the civil Action on November 27, 2000 . Defendant filed an answer. Thereafter, Plaintiff served a Request for Admissions upon Defendant on 1/8/01. To date, Defendant has not responded to said Request for Admissions and Interrogatories. II. QUESTION INVOLVED: Is the Plaintiff entitled to Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No. 1035 as a result of the Defendant's failure to respond to the Plaintiff's Request for Admissions within thirty (30) days as mandated by Pennsylvania Rule of Civil Procedure No. 4014, thus causing no genuine issue as to any material fact. SUGGESTED ANSWER: YES III. ARGUMENT: Pennsylvania Rule of Civil Procedure No. 1035 states that after the pleadings are closed, but within such time as not to delay the trial, any party may move for Summary Judgment. Summary Judgment will be granted if there is no genuine issue as to any material fact and the moving party is entitled to Judgment as a matter of law. Pennsylvania Courts have developed rules in helping them decide when there is no genuine issue of any material fact. First, the records must be examined in the light most favorable to the non-moving party. Second, all well pleaded facts in the non-moving party's pleading are deemed accepted as true. Ritmanich, et al. v. Jonnel Enterprises, Inc., et al. 219 Pa.Super. 203 (1971). Third, the moving party has the burden of proof. Fourth, the Court must give the non-moving party the benefit of any inferences that can be drawn from the pleadings in any other support evidence. Kent v. Miller, 222 Pa.Super. 393 (1973); Pocono Int'l Racewav. Inc. v. Pocono Produce, 503 Pa. 80, 468 A.2d 268 (1983). However, the non-moving party may not rely merely upon controverted allegations of the pleadings but must set forth specific facts byway of affidavit or in some other way as provided by Rule demonstrating that a genuine issue exists. Ressler v. Jones Motor Co.. Inc., 337 Pa.Super 602, 487 A.2d 424 (1985). If there are no issues of material fact and moving party is entitled to judgment as a matter of law, summary judgment must be granted. Marriscotti v. Tinari, 335 Pa.Super 599, 485 A.2d 56 (1984) . Numerous cases have held that a failure to answer a Request for Admission will provide admitted facts for a Motion for Summary Judgment. Innovate. Inc. v. United Parcel Service, 275 Pa.Super. 276, 418 A.2d 720 (1980). See also Civic Center Investors v. REP. Inc., 59 D & C 2d 105 (1971); Central Counties Bank v. Robinson, 14 Centre L.J., 217 (1979). Pennsylvania Rules of Civil Procedure 4014(b) states that the matter is admitted unless within thirty (30) days the party to whom the Request for Admission is addressed gives a sworn answer or objection. Non-answered Request for Admissions are established as fact for the purposes of the instant lawsuit. See Civic Center Investors, Supra at 106. The Plaintiff can rely solely on facts admitted through the failure to respond to the Request for Admissions. Only affidavits, depositions, or interrogatories are prohibited from being the sole foundation for the Motion for Summary Judgment. Rivoli Theatre Co. v. Allison, 366 Pa. 343 (1959). Since the facts in the Request for Admissions are deemed admitted, Summary Judgment must be granted, if there is no genuine issue of material fact. In this action, as a restilt of' the Request for Admissions being deemed admitted, the Defendant has admitted the following: 1. As of September 6, 2000 Defendant was indebted to the Plaintiff in the amount of $4,127.46. 2. Defendant used Plaintiff's credit account to obtain goods and/or services. 3. That there are no offsets or credits which are due the defendant from the Plaintiff. 4. That Defendant has not paid Plaintiff any payments for goods and/or services obtained through the use of the credit account since 9/6/00. 5. That Defendant agreed to pay Plaintiff reasonable collection costs or attorney's fees incurred to collect any delinquent or past due balance. 6. That Plaintiff's attorney's fee of $701.67requested in Plaintiff's Complaint is a reasonable attorney fee to effectuate collection of the past due balance. 7. That pursuant to the terms of the credit Account Agreement, Defendant agreed to Plaintiff's interest rate which was 21.74% at the time of the default. 8. That there are no facts on which defendant relies as a basis for any defense in this action. 9. That there are no documents, writings, papers, or letters which Defendant intends to utilize as evidence of or as a basis for any defense in this action. 10. That attached hereto, made a part hereof are true and correct copies of the records of the Plaintiff showing the charges and credits incurred through use of the credit account, and that true and correct copies of said statements are attached to Plaintiff's Request for Admissions. Given the above admissions, there are no genuine facts at issue in this case. The Defendant may argue that since it answered the Complaint, thereby denying all the Plaintiff asked for in its Request for Admissions, there was no reason to duplicate its answers. However, in both Innovate and Ressler, supra, the Pennsylvania Superior Court was faced with a similar issue. In Innovate, the Defendant denied in a deposition prior to the Request for Admission what the Plaintiff requested to be admitted. The Court held that even if the deposition is at variance with the Request for Admissions, the later must be answered. If the Request for Admissions are not answered, then the non-responding party runs the risk that the facts set forth in the Request for Admissions will be conclusively binding on it. Innovate, 418 A.2d at 723. In this action, there are no depositions which are at variance with the Complaint are not more conclusive than the admitted facts due the Defendant's failure to respond to the Request for Admissions. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter Judgment in its favor and against the Defendant for $4,127.46 plus interest at the contract rate of 21.74% per annum from September 06, 2002, plus reasonable attorney's fee in the amount of $701.67, plus costs. BY: V LAW ASSOCIATES, P.C. IW i/l/~ PARK ERIE ROSENBLUTH PARK, ESQUIRE J"I1AY 22 [IJIj;,~) 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff VS. NANCY DYSON Defendant NO. 00-8141 CERTIFICATE OF SERVICE Valerie Rosenbluth Park, Esquire, certifies that she is the attorney for the above named Plaintiff in the above captioned matter and that on July 20, 2001 she served upon Nancy Dyson, Motion for Summary Judgment and Memorandum of Law in Support thereof, by mailing same first class mail, to the person and at the address set forth below: Nancy Dyson 8 Hill Drive Carlisle, PA 17013-9650 BY: VALERIE ROSENBLUTH PARK, ESQ. ATTORNEY FOR PLAINTIFF 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 NANCY DYSON Defendant NO. 00-8141 PRAECIPE TO RELEASE LIEN OF JUDGMENT TO THE PROTHONOTARY: Kindly release the lien of judgment against property owned by the Defendant, at 8 HILL DRIVE, CARLISLE, PA 17013-9650 in the above matter. PARK LAW ASSOCIATES, P.C. BY: LA VALERIE ROSENBLUTH PARK, --,.-,--' ESQ.