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Home My WebLink About99-04314d e 0 F u t 'In n? Q.. OrT 1 9 7_n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK -vs- Plaintiff(s) THOMAS J. GALLAS NO. 99-4314 IN CIVIL ACTION BRIEF IN SUPPORT OF SUMMARYJUDGMENT Defendant(s) CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 Fax (412) 682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. 99-4314 IN CIVIL ACTION -vs- Plaintiff(s) THOMAS J. GALLAS Defendant(s) BRIEF IN SUPPORT OF SUMMARY JUDGMENT FACTS Defendant applied, for and was granted a credit account by the Plaintiff. Thereafter Defendant utilized said credit account to make purchases and/or receive cash advances. Defendant subsequently failed to make required monthly payments as they fell due. Plaintiff then instituted this suit. Defendant responded to Plaintiff's Complaint by filing an Answer which admitted that he used said credit account granted by Plaintiff, and which admitted that the document attached to Plaintiff's Complaint as Exhibit "A" was a true and correct copy of the Account Agreement. Defendant's responsive pleading, otherwise, consisted of "general" denials, and demands for and accounting and proof of the claimed amount due. Following the close of pleadings, Plaintiff's attorneys served the Defendant with Requests for Admissions seeking to establish the facts upon which Plaintiff's claim was predicated. The Defendant did not answer the requests. 1 In this case, Plaintiff's entitlement to Summary Judgment stems from the operation of Pa. R.C.P. No. 4014, which details the method of, and requirements for, a party's response to Requests For Admissions. The well established purpose of Pa. R.C.P. No. 4014 is to clarify issues raised in prior pleadings with the goal of expediting the litigation process. Commonwealth of Pennsylvania vs. Diamond Shamrock Chemical Company, 38 Pa. Cmwlth. 89, 391 A.2d 1333 (1978). Pa. R.C.P. No. 4014(b) provides: "(b) Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within thirty days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission an answer verified by the party or an objection, signed by the party or by his attorney..." Under the above-referenced rule, it has been consistently held that a party on which requests for admissions are served runs the risk that the facts as set forth in the request will be conclusively binding on him if he chooses not to file an answer or file objections to the request. Innovate, Inc. vs. United Parcel Service, Inc., 275 Pa.Super. 276, 418 A.2d 720 (1980); Richard T. Byrnes Co., Inc. vs. Buss Automation, Inc., 415 Pa. Super. 549, 609 A.2d 1360 (1992). Generally, failure to respond to a request for admissions deems the facts contained within the request, admitted by the party from who the admission was sought. Id., 609 A.2d at 1367; Diamond, 391 A.2d at 1336. The granting of Summary Judgment where an opposing party fails to answer requests for admissions is expressly sanctioned by Pennsylvania's case law. In Innovate, 418 A.2d 720, the court noted that Pennsylvania's practice under procedural Rule 4014 followed federal practice, and cited Creedon v. Howie, 8 F.D.R. 92, D.C., N.D. (1948) as a parallel instance of where the federal courts entered Summary Judgment based upon a failure to respond to Requests for Admissions. Yet another instance where decisional law directly supported the entry of Summary Judgment based upon unanswered requests for admissions is found in the Diamond case. 391 A.2d at 1337. 2 By virtue of the cases cited above, and the controlling provisions of the Pennsylvania Rules of Civil Procedure, the facts contained in the requests for admissions propounded by the Plaintiff, must be deemed admitted. The facts contained in the requests for admissions establish the liability of the Defendant, and the damages that Plaintiff suffered as a result. The following facts are contained in the requests for admissions and establish Defendant's liability, and the damages suffered by the Plaintiff: a. that documents attached to said requests as Attachment "1" were genuine and accurate copies of monthly statements rendered to Defendant by Plaintiff; b. that certain cited provisions provided for acceleration of entire balance upon Defendant's default; c. Defendant failed to make payments as the became due causing her to be in default; d. that the balance due and owing Plaintiff as reflected on the statements amounts to $20,989.75; e. the interest rate on the account is 23.90% per year on the balance due from April 9, 1999; f. the Defendant received Statements of Account, on a monthly basis; g. that under the terms of the Agreement, the Defendant agreed to pay the Plaintiff as liquidated damages, the costs of collection, including all attorneys' fees; h. that the document which had been attached to the requests as Attachment "2" was a genuine and accurate copy of an agreement which has been entered into between Plaintiff and its counsel; and i. That the Agreement between the Plaintiff and its counsel provide for the payment of 33 1/3% of the amount of collection for legal services rendered in connection with Plaintiff's accounts. The touchstone as to whether Summary Judgment is appropriate is whether or not there are any genuine issues of material fact remaining in the case. Byrnes, 609 A.2d at 1364. In the instant case, Plaintiff would posit that there are none, insofar as each necessary fact to establish Plaintiff's right to recovery has been conclusively established, by operation of law, through Defendant's failure to respond to Plaintiff's Requests for Admissions. 3 As no genuine issue of any material fact with regard to Defendant's liability exists, and Plaintiff's damages have been established, Plaintiff is, as a matter of law, entitled to Summary Judgment. Accordingly, Plaintiff respectfully requests that this Honorable Court, pursuant to Pa. R.C.P. No. 4014(6), enter judgment in favor of the Plaintiff and against the Defendant for the amounts contained in the Complaint, and requests for admissions. Respectfully Submitted, Dated: C i APPLE AND APPLE, P.C. B ?v Y: Attorneys fo Plaintiff(s) 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK .vs- Plaintiff(s) THOMAS J. GALLAS Defendant(s) NO. 99-4314 IN CIVIL ACTION I hereby certify that I am this day serving a true and correct copy of the attached or foregoing document upon the person(s) and in the manner indicated below: Service by first class mail, postage prepaid and addressed as follows: Thomas J. Gallas 1402 Bradley Drive X312 Carlisle PA 17013-1261 Dated:_ LV1Z1- 7/? By:1?14 11011 K3 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. 9g S?3/y C?ic?/ IN CIVIL ACTION -VS- Plaintiff(s) THOMAS J. GALLAS Defendant(s) COMPLAINT CODE - FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 Marylouise Wagner, Esq. PA I.D. No. 61095 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 Fax (412) 682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. IN CIVIL ACTION _vs- Plaintiff(s) THOMAS J. GALLAS Defendant(s) 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 upon you, by entering a written appearance personally or by 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 any other claim 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 Telephone ?717) 249-3188 Toll free: 1-800-990-9108 1. Plaintiff is a National Banking Association located in Tilton, New Hampshire. As of January 1, 1998, Providian National Bank was merged into First Deposit National Bank, and the resulting entity took the name Providian National Bank." The account that is the subject of this lawsuit may have been either a First Deposit National Bank account or a Providian National Bank account prior to the merger, but is now an account of the new" Providian National Bank, which is the plaintiff herein. 2. Defendant is an individual whose address is 1402 Bradley Drive, A312, Carlish, Cumberland County, PA 17013. 3. At a specific instance, the Defendant applied for and was granted credit by the Plaintiff at the terms and conditions agreed upon by the parties, as is more specifically shown by the Account Application and Agreement, true and correct copies of which are attached hereto, marked Exhibit A" and made a part hereof. 4. Defendant made purchases and/or received cash advances using said credit. 5. Plaintiff avers that the terms of the Agreement provide for acceleration of the entire balance due and owing upon Defendant's breach of the Agreement. 6. Thereafter, in breach of obligations under the Agreement, the Defendant failed to make payments as they became due. 7. Plaintiff avers that the balance due amounts to $20,989.75. 8. Plaintiff avers that interest has accrued at the rate of 23.90% per annum on the balance due from April 9, 1999. 9. Per the terms of the agreement, the Defendant has agreed to pay to the Plaintiff as liquidated damages, the costs of collection, including all reasonable attorneys' fees incurred in the collection of monies owing. 3 10. Plaintiff avers that pursuant to Plaintiff's agreement with Plaintiff's attorneys, Plaintiff's attorneys are to receive attorneys' fees of 33 1/3% of the debt due. 11. Plaintiff believes, and therefore avers, that said attorneys' fees rate is just and reasonable compensation for the services rendered by said attorneys. 12. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the amount due Plaintiff or any part thereof. WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $20,989.75 with appropriate additional interest, attorneys' fees and costs. APPLE AND APPLE, P. FINDER #:567041354429 74018545 NEW ACCOUNTS DIRECT TELEMARKETING - SOMAR RESPONSE INFORMATION SOLICITED INFO: THOMAS J 1402 BRADLEY DRIVE CARLISLE NEW INFO: TM NAME: TSH16STED 74018545 REM 74018545 SS#: 172-46-3482 PH#l: 717-245-9116 PH#2: - - x EMP TYPE: 0 INCOME: 45 HOMEOWNER CODE: R SUSPECT: DECLINE CODE: Reference Number: 172463482 Box Year Batch , SSN 172-46-3482 Account # - - - GALLAS PA 17013 b 1 IN l? ?PROVIDIAN rvudncfdr Plov,dian National Bank VISA® or MasterCard® Account Account Agreement for Thomas J Cella, Please review the document and keep 11 will, your other Important papers I his Account Ayraument contains the terms which govern your Prov,den National Bank VISA or MasterCard Account (11he'Accounlul Tire Account from t allows you to make purchases by using your VISA or Maslef and card (the 'Curd') wherever it is honored and to gel cash advances from us or any other participating nvbnciaf each person for whomfwehavetoPOi Credit card Account vewencmchecous" and -use mean Pomdan National: Bank wits yass,gnsestl as Account In listed on your billing statement The Account may be used nip for personal, family, househUd. and charitable purposes, and not for any business or commorciat purpose Any use of this Acceunl shall constitute acceptance of he terms Of This Agreement You andweagraeas ollcws 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 n) for at least the payment due as sewn on you statement by the payment due date in accordance wnn payment instructions on your monthlyy statement Convenience checks and other checks we issue to you may not be used to make payments on your Accounf or to make payments on any other account you have with us or our a0,lmles. The payment due will be ' 2% lia new ount due lus the amount ire new exceeds our the ent due will Isis the $15(unesshyour nev balanctes lesspthanlus which case to paymen due writ be ilia amounyolhefnew baame)nll your Account is pal ue orfaabove the credit line. we may scythe a higher minimum payment, but w r will noblyyou before doing so If your payment is more than the payment due, U will be heated as a single payment and none of it will be applied to future payments due We may accept late or partial payments, or payments mar ad 'paid in full or marked with other restnctuns, without losing pm right locollect all amounts owng under this Agreement g 9 cial you not increase wdlewfiew your :Account and credit profile regularly to valuate lie amount youdmme etalve to the amount of your then current income amount We consucertan innccrtease in debt of )note than $2,000 lo be slgndcant unless you have sufficient income.) If we determine hat your Account is not in good, landing, your ANNUAL PERCENTAGE RATES (APR) for purchases, custom cash, and cash advances may be increased. Finance Charges. Excepl as described in the Once Period for Purchases section of ibis Agreement, finance charges begin to accrue on a debit when it is included in one ofyour daily balances and continue until that balance is reduced by a payment or credit Your Account has three balances, the eurchase Balance, which consists of our yyou make with your Card and fees lot certain optional services ,the ISlom a?hAdvanra per,=..., y existing Purchase Balance end newpumeses Transfer to your Account using balance transfer checks and balances that we Irans (er for p?u, antldlh Qa? which consists of your exwhil con Custom tour Cash Advance Balance and attain balances that you cash receive that steeds the finance charges and fees then due will ordinarily be applied first to the Balance with me lowesst Ann el PercentageRatee(APR)t until that Be ance is zeerro, and lh noto the Balance with the next lowest APR, until that Balance is zero, and then to any remaining Balance. We reserve the right to apply payments differently without further notice. The Purchase, Custom Cash Advance, and Cash Advance Balances are reduced by payments as of the date received, and by credits (except for reversals of late, over-limit, and miscellaneous char gges) as allies date posted. Purchases are included in your Purchase Balance as of the dale made Custom cash advances are included in your Custom Cash Advance Balance as follows binds eleclronicalty transmitted to other lenders to Infra fer balances, as of the dale transmitted, checks to transfer balances as of the date presented to us Other cash advances are included in your Cash Advance Balance as follows cash advances from other fnancal institutions and through Automated Tellers, as of the dale made, cash advance checks made payable to you that are rdnhified as cashiers checks and mailed to you at your request, as of seven days after the dale we ponl on the check all other checks, as of the dale presented to us Other debits (except for late, over-limit, finance, and miscellaneous charges) are included in your Purchase, Custom Cash Advance, or Cash Advance Balance as of the dale posted Finance charges are added to you Purchase. Custom Cash Advance, and Cash Advance Balances each day and are then posted n the last day of the bitting cycle There s no grace period for custom ,an advances or other cash aMances. To figure the daily finance charge for each type of Balance, we stmt with your Prevmos Day's Balance, add all debita and subnacl all credits for the current dayy and multiply the net amount by the applicable daily penniC rate (see following paragraphs) The finance charge for each hype of Balance is Then added to and incded in That days Balance We Irsel a credit balance for any day as zero. Wv determine Iha toil finance charges on balances for the o' Ing cy cle by aing logelher le hnence charges for each lu type of Balance for each day within the filling gde. In calculating finance charges, an adjustment will be made for any Iransacimn or payment Thal wou Id have affected the hnence charge celculalron in a prior billing cycle had it been posted in that cycle . The eppticabe daily periodi"-I for such a transaction will be the ale In eNect for the current 6,Ihng cycle relher Than the rate in elt Pon the dale of the transaction. Your slalament includes an average dairy balance for each type of Balance You can multiply each average daily balance that, s cash advance tale la obtain sub to, , end then add the subtotals together ho determine your total finance charges on balances for the billing cycle If did not zero by the number of days in the billing cycle and the periodic atso a finane charge a transaction tee is charged, that amount is The term 'Pi Rate' as used in the Agreement means the ho hest prime rate published in me Wall Street Journal on the first business day of the pre emus calendar month Any increase or decrease in the Annual Percentage Rate will lake effect on the first day of your billing cycle and may result in a slight mciese or decrease in the amount of your minimum payment. You can arrange to have a variable rate (not below 59°6) for purchases which is lower than the lowest non-introductory ANNUAL PERCENTAGE RATE (APR) you are paying on any of your other credit card or retail accounts. This APR is available only if you provide proof, in the form of a copy of your most recent billing statement, showing your other non-introductory APR. Your new APR will lake effect in the billing cycle following our review o our proof, but not earlier than the end of your introductory period Until your new APR takes effect, or if wa do not receive proof ofyyour lower APR, your APR for purchases will be as follows. The ANNUAL PERCENTAGE RATE (APR1 for purchases will vary and maybe adjusted each billing cycle up to 7.4%above Prime Cuel, but wM in no event be less than 159% Using this formula, the APR for purchases in the April 1999 billing cycle is 15 9%, corresponding to a daily periodic rate of 0.04356%. You can arrange to have a variable APR (not below, 12 9'6) for custom cash advances that is lower than average norvrnnoductory APR you have been paying on the total balances you have transferred from other credit card, retail, and installment aceunts provided your other accounts were open in April 1999 In calculating this APR we will take into account the APRs an the credit account balances you have transferred from other lenders This APR is available only it you provide proof in the form of copies of your most recent billing statements, showing your other nominhoducloryAPRs. Your new APR will take effect in the billet cycle ficlowm our review of your proof, but not earlier than the end of your introductory period. If we do not receive such proof your APR for custom Cash advances will be as follows The ANNUAL PERCENTAGE RATE for custom cash advances is 21.9%, corresponding to a daily periodic rate of 006000%. The ANNUAL PERCENTAGE RATE or rash advances is 219%, corresponding to a daily periodic rate of 0 06000% I I ou do not campy with the terms of this Agreement your ANNUAL PERCENTAGE RATE for purchases will be 18 9%, corresponding to a daily periodic rate of 0 05178%, and the APR for cash advances and cost= cash advances will be 239%, Corresponding to a daily periodic rare of 005548% Your Account may be eligiblefor the lower regular APRs alter you have met the terms of this Agreement for three months If you contact us we will review your Account to determine you eligibility for the lower AP Rs Grace Period for Purchases. New purchases posted to your Account in billing cycles with no previous balance, or when the previous balance was fully paid during the cycle, u not begin to incur a finance charge until the start of the next bitting cycle You will pay no finance charge n such new purchases it you pay the total new balance in full by the payment due dale shown n 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 F order or ees. We will charge your Account up to $0 for each Card you ask us to replace, each returned payment check; each check you write on your Account that we return unpaid, each stop payment within A counNS closed Ifuyych an order. ceoaptea of 61911 °I cycle sta ements which your Account is delinquent (late were first sent to you more than broee)monh months Iber. we may charge aihanding e1e of $2 for eeaach your credit such copy line, A cash advance fee of 2% (minimum $5, maximum 820) may be charged for each Cash advance transaction made on your Account Default You will be in default fan p information you provided us proves lobe incomplete or untrue; It you do not comply with any part of this Agreement upon your death, bankruptcy, or insolvency, if you do not pa other debts when due, it a bankruptcy petition IS filed by or against you, or if we believe in good faith that you may not pay or perform your obligations under this ent are in d without further demand or notice cancel our credit rivilees declar and use have lrn the event olyouredeefahult the outs) nding balance on your Account shall c ntinue 10 accrue interest atA APRs) Account disclosed in heeFinance Cha gesysection of this Agaemen?l, a en fly we have filed suit to collect the amount you owe Credit Line. Your credit line is sppecified from time to lime in a separate notice We may increase or decrease your credit line based on information we obtained from you or your credit records. Your available credit IS normally the difference between your credit line and your Account balance (including transactions made or authorized but not yet posted) If you send us a large payment check, we may limit your available credit white we confirm that the Check will clear For certain transactions. available credit may be less You will not use your Account for, and we may refuse to honor, any transaction which would cause you to exceed your available credit Promise to Pay. You Promise to pay us when due all amounts borrowed when you or someone else use your Account (even if the amount charged exceeds your permission) all other transactions and charges to your Account and colection costs we incur including, but not limned to, reasonable attorney's fees and court costs (It you win the suit, we will pay your reasonable attorney's fees and court costs ) Changes. After we provide you any notice required b9 law, we may change any part of this Agreement and add or remove requirements If a change is made to the Finance Charges section of this Agreement, the new finance charge calculation will apply to your entire Account balance from the effective date of the change Changes will apply to balances that include nems posted to ygil Account before the dale 0 the hands, and will apply whether or not you continue to use life Account Foreign Exchange/Currency Conversion. If you use your Card for transactions m a currency other than U S dollars, the transactions will be converted to U S dollars, generally using either a (I) governmenbmandaled rate or (It) wholesale market rate in effect the day before Ine Transaction processing date, increased by five percent (S%) If a credit is subsequently given for a transaction, i1 ,.... ?,N 2361 will be decreased b the same percentage If the credit has a different processing dale, then the exchange rate ollhecredl can be grealer0ess than that of the original transaction. The currency conversion rate on he day before the Iransaclion processing dale may differ from the rate in effect at the lime of the transaction or on the dale the transaction is posted on your Account You agree to accept the converted amount in U S dollars. The Cord; Cancellation. You may cancel your credit privileges at any time by notifying us in writing and destroying the Card(s) Upon the Card expiration at the end of the month shown on it. we reserve the nil not to renew the Card We may cancel the Card and your credit prmtleAas at any time after 30 days notice to you, or without notice if permitted by taw It, your Card is cancelled or nol renewed, (nonce charges and other fees will continue lobe assessed, payments wit con brue to be due, and all other applicable provisions of this Agreement will remain in al l tryout terminate your credit privileges, or it we cancel or do not renew the Card, you may no longer write checks on your Account, and you should destroy any unused checks we have issued to you Personal Information; Documents. You will provide us at less 1 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 credd reporting agencies, and to provide your address and information about your Account to others. We may also share nformelion with ou elflieles However. vgu may wnte to us 3Ld0Y time I"tilldtng us not to snare credo ?abMillhon wdh o ,r liftgIrL If you do not l;lfill your obligations under Ihn Agreement, ia negative credit report that may rated on your credit may be E,uiued to the credit reporting agencies Customer Service; Unauthorized Use, Loss, or Theft of Checks or the Cud. Each Card must be signed on receipt You are responsible for safeguarding the Card, your Personal Identification Number ('PIN', which provides access to Automeled Teller Machines) end airy checks issued to you from Ihe0, end keeping your PIN separate from your Card If Sou discover or suspect (hat your Cerd, PIN, or any unused checks ere lost or stolen, or that there may be an unauthorized transaction on your Auount, you wail promply notify us by calling 1700.933.7221. So we can rmmedelely eat to limd losses end IiebiliN you will phone us even though you may also notiy us in writing Vour IiebiliN for unauthorized use occurring before you notify us is limited to $50 If you report or we swpecf unauthorized useo your Account, wemay suspend your credit privileges until we resoWe the pr feet tooursalislacbon or issue youanew Card Ifyour Card is lost or stolen, you will promptly destroy ell checks in your possession To improve customer service and secunty, you egret that yom calls may be monitored or retarded Merchant Relations, We will not be liable if any person or Aulometed Teller Machine refuses to honor the Card or accept your checks, or fails d return the Cerd to you We have noresponsibility for grads and services purchased with Ihn Card or checks except as re?quired by law (See Special Rule below) Certain benefits that are available with the Account are provided by third party vendors. We ere not respomible for the quality, availability, or results of any of the services you choose to use Bfop Payment Orden. If you sash to slop payment onacheck, you may send usaslop payment order by writing to us el our address for customer service listed on your statement You can mekeasiap payment order orally by telling lbe number listed an your stalemenl. When you makeaslop payment order, you must provide out Account number and specific information about the check the exact amount, the date an 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 slap paymars( order in writing We may disegard yom oral order if we do not receive a stared wnlfen cgnfrmafnn or if we have not received an adequate dacriplion of the item so Thal payment on ce slopped. The wrier will not be ef edme if 1 e check was paid by us ire we had a reasonable opportunity to act on the order We may, without liability, dsregard a wriften slop payment order six months after receipt unless it is renewed in writing Standard of Cars. Because this Amount involves both credit card and check transactions which are processed through separate national systems before the transactions are consolidated by use and because not every check and Card slip will be sent to us, transactions in your Account will be processed mechanical N without our necessarily reviewing every item. Our prmessi g system will call our attention to certain items which we will examine, We will examine all transactions when you report that your Cardor checks have been lost or stolen We do not intend ordrum to examine all items, and we will not be negligent if we do not do so. This rule establishes the standard of ordinary core which we in good faith will exercise in administering your Aaounl Because of our limited review, and because neither your cancelled checks nor Card transaction slips will be returned to you with the monthly statement, you should be careful to enter all checks in your check regal erurothemisekeeparecordofthem. you should also save your credit card cash advance and purchase slips. Ypu agree loche=k your month statements agarel your cord and b W nolfv us immediately of any unauthorized transactions or error 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 suit against you Appilable Law, SevenbllKV: Assignment. Ne molter where you live, This Aggreement and your Account ere governed by ferkral law end by New Hampshire law. This Agreement is a final expression of the e you greemenl hveen you and us end mey not be mntredictad by evidence al any alleged oral agreement If arcy prwision of this Agreement is held to be irnalid or unenforceable, end we will censider that prwision modified fo conform to applicable law, and the rest of the provisions in the Agreeme nt will an still ba en/nrceabte. AI any lime alter ova dalermine in good (elfin test y p roposed or enacted legisiali on, regulatory editors, orJudi decon has rendered or may render any malshot pro visions of this Agreement invalid or unenforceable. our impose any inone ased lax, repa purc fing req uirement, a other burden in mnneclwn with any smh prwision or its enforcement, we may, after et least 30 days notice to you, or without notice it permitted of few, cancel the Cerd and your Cr edi t privil eges We m ay (ransfer or assign our right to all a some of your Payments . It, afore law requires Thal you receive notice of such an went to protect the It uer or as signee, we may give you such notice by filing a financing stalemenl with the slate s Secretary of Stale. Nitticee. Other noficas to you shall be ellact,' when deposited in the mail addressed to yyou of the address shown on our records, unless a longer notice period is specified in this Aggreement or by few, which DeriW shell start upon mailing. Naltce to us shall be mailed to our address for customer service on You, stalemenl receiv (or other addresses we may specify) and shell be el(edrve when by e ii 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 Cue of Errors or Questions About Your Bill If you think your bill is wrong, or if you need more information about any transaction on your bit[, write us, on a separate sheer, at our address for customer service listed on your bill. Write to us as soon as possible. We must hear from ou no later than 60 days after we sent you the lust bill on which the error or problem appeared You can telephone us, but doing so will not preserve your rigghts. In your letter, give us the ?ollowing information. - Your name and Account number - The dollar amount of the suspecled error. - Describe the error and explain, it you can why you belime there is an error. If you need more information, describe the item you are not sure about. YourRlghts and Our Responalbillttes After We Receive Your Written Notice. We must acknowledge your letter within 30 days, unless we have correcled the error by then Within 90 days, we must either correct the error or explain why we believe the bill was correct After we receive your feller, we cannot tryry to collect any amount you question, or report you as delinquent- We can continue to bit you for the amount yyou question, including finance charges, and we can appply any unpaid amount againstyour 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 bill that are not in question Hire find that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount. live didn't make a mistake, you mey have to pay finance charges, and you will have to makeup tins missed payments on the questioned amount. In either case, we will send you a statement or the amount you owe and the dale Thal it is due. Ityou fail to pay the amount we think you owe, we may report you as delinquent. However, if our explanation does not selits you and you write to us within 10 days telling us that Vou still refuse to pay, we must tell anyone we report you to that you question your bill. And, we must tell yyou the name of anyone we reportted you lo. We must tell anyone we report you to that the matter has been settled between us when it finallyis. If we don't follow these rules, we can't collect the lit $50 of the questioned amount, even it your bill was correct S octal Rule for Credit( Card Purchase. If you have a problem with the quality of the property or services that you purchased with our credl card and you have tried in good faith to correct the ppia t[am with the merchant, you may not have to ay the remaining amount due on the ggoods or services. There are two limitations on this right (a) you must have made the purchase in your Iwma slate, rd 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, w if we mailed you the advertisement for the property or services VERIFICATION HF!AIHFKOOF?Providian National Bank. Plaintiff herein, verify that the statements of fact contained in the foregoing Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 13 Pa.C.S. 4904, relating to unworn falsification to authorities. Date Pleasanton, CA. 94566 Title - Designated Agent Address -P.O. Box 9053 f-: car: ?'?_r c, cn u. c'e J .'Jf IJ rv) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. 99 - 4314 Plaintiff IN CIVIL ACTION Vs. THOMAS J. GALLAS Defendant DEFENSE FILED ON BEHALF OF DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. 99 - 4314 Plaintiff IN CIVIL ACTION VS. THOMAS J. GALLAS Defendant 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. This is a conclusion of law to which no response is required. 6. Denied. This is a conclusion of law to which no response is required. 7. Denied. Defendant, after reasonable investigation, is without sufficient knowledge or information to determine the amount of the balance. 8. Denied. Defendant is without sufficient knowledge or information to determine the amount of the balance. 9. Denied. This is a conclusion of law to which no response is required. 10. Denied. Defendant denies that pursuant to the alleged agreement, the Plaintifrs attorneys are to receive 33 1/3% of the debt due. 11. Denied. Defendant denies that said attorneys' fees are just and reasonable. 12. Denied. Defendant denies that he has willfully refused to pay the amount due the Plaintiff. Wherefore, Defendant requests that judgement be in his favor and that the relief in the amount requested by the Plaintiff be denied. omas . ^ I s 1402 Bradley Drive A-312 Carlisle, PA 17013 I, Thomas J. Gallas, Defendant herein, verify that the statements of fact contained in the foregoing Pleading are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. v J / tL f X _ 2N? l?-Thomas JLGr6llas 1402 Bradley Drive A-312 Carlisle, PA 17013 I, Thomas J. Gallas, certify that I mailed a copy of the foregoing Defense to Joel E. Hausman, Esq., APPLE and APPLE, Attorneys at Law, 4650 Baum Blvd., Pittsburgh, PA 15213 on August 5, 1999 via first class US mail, postage prepaid. f omas J Gal as 1402 Bradley Drive A-312 Carlisle, PA 17013 >. ?r ` iii , __ ?.? i ? ?? - __? ??,`. i, ?. :: '> ? 1 [i f -; ' ?._ ._ _ ? 1. l.i ^? ? j 1 i ?J SHERIFF'S RETURN - REGULAR CASE NO: 1999-04314 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS. GALLAS THOMAS J KATHY CLARKE , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon GALLAS THOMAS J the defendant, at 10:45 HOURS, on the 21st day of July 1999 at 1402 BRADLEY DRIVE A312 CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to THOMAS GALLAS a true and attested copy of the NOTICE AND COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answe Docketing 1.0 Service 3.10 Affidavit .00 Surcharge 8.00 R omas i S eri $29.10 APPLE & APPLE 07/23/1999 epu Teri Sworn and subscribed to before me this ,23,uc day ofCIA- 19 ? A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. 99-4314 IN CIVIL ACTION -vs- Plaintiff(s) THOMAS J. GALLAS AFFIDAVIT OF NO ANSWER TO REQUESTS FOR ADMISSIONS Defendant(s) CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 Charles I:. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 Fax (412) 682-3138 COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) BEFORE ME, the undersigned authority, personally appeared Joel E. flausman, Esq., who, being duly sworn according to law, deposes and says: 1. On January 20, 2000 Requests for Admissions were mailed to the Defendant(s) by First Class Mail, postage prepaid. 2. Attached as ExhibitttA" is a copy of the Requests for Admissions. 3. Pursuant to Pennsylvania Rule of Civil Procedure 4014, Answers to the Requests for Admissions were due by February 19, 2000. 4. As of the date of the filing of this Affidavit, no Answers have been received to the Requests for Admissions, nor has Plaintiff received any objections to the relevance or competence of the Requests for Admissions nor has Plaintiff's counsel received any sworn denials or explanation as to why the Requests cannot be admitted or denied. 5. Defendant has requested no extension of time for the filing of Answers. SWORN TO AND SUBSCRIBED APPLE AND APPLE, .I BEFORE ME THIS DAY OF zCV0 By:- Attorneys J`&r Plaintiff(s) TARY PUBL Notarial Seal Mary Oeth Vandargratl, Notary Public Pittsburgh, Allegheny County My Commission Expires July 20, 2002 Member, PeoosylVaola Anwatloo of Notarlos jc/3f?4l?r4, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. 99-4314 IN CIVIL ACTION -va- Plaintiff(s) THOMAS J. GALLAS PLAINTIFF'S FIRST SET OF REQUESTS FOR ADMISSIONS DIRECTED TO DEFENDANT Defendant(a) CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 Marylouise Wagner, Esq. PA I.D. No. 61095 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 Fax (412) 682-3138 EXHIBIT. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. 99-4314 IN CIVIL ACTION -os- Plaintiff(s) THOMAS J. GALLAS Defendant(s) PLAINTIFFS' FIRST SET OF REQUESTS FOR ADMISSIONS DIRECTED TO DEFENDANT TO: Thomas J. Gallas 1402 Bradley Dr A-312 Carlisle PA 17013 You are requested to admit the truth of each of the statements of fact hereinafter stated. You are instructed that: This request is made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of the matters of which an admission is requested shall be deemed admitted unless your swom statement in compliance with such Rules is timely made. If you do not admit `ach of such statements, you must specifically deny each one not admitted, or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Plaintiffs within thirty (30) days after delivery hereof. If you fail or refuse to admit the truth of any such statement of fact and the Plaintiffs thereafter prove the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorney's fees, witness expenses, etc. If, in response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. If you have been sued in more than one capacity, or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director or the like, then you are requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such other capacity. Pursuant to Pa. R.C.P. No. 4014, Plaintiff hereby requests that you admit the following statements of fact: 1. That Defendant received a credit card issued by Plaintiff. ANSWER: Admitted: Denied: 2. That Defendant received an Account Agreement. ANSWER: Admitted: Denied: 3. That the document attached to Plaintiff's Complaint as Page No. 2 of Exhibit "A" is a genuine and accurate copy of the Account Agreement. ANSWER: Admitted: Denied: 4. That Defendant never contacted Plaintiff to state that she did not receive an Account Agreement. ANSWER: Admitted: Denied: 5. That the Agreement, contains, in that section entitled "Payment.", the following terms and conditions: "You will receive a monthly statement showing your outstanding balance." ANSWER: Admitted: Denied: 6. That Defendant received monthly statements with detailed billing entries. ANSWER: Admitted: Denied: 7. That the documents annexed and attached to these Requests for Admissions, and which are collectively identified as "Attachment V are genuine and accurate copies of the monthly statements rendered to Defendant by Plaintiff. ANSWER: Admitted: Denied: 8. That each of the statements annexed and attached to these Requests for Admissions, and which are collectively identified as "Attachment 1", identify the annual percentage rate being applied to said account. ANSWER: Admitted: Denied: 9. That each of the statements annexed and attached to these Requests for Admissions, and which are collectively identified as "Attachment 1", identify a "minimum payment amount" and a "payment due date". Admitted: Denied: 10. That the Agreement, contains, in that section entitled "Payment.", the following terms and conditions: "You will pay us in U.S. dollars ... at least the payment due as shown on your statement by the payment due date in accordance with payment instructions on your monthly statement." ANSWER: Admitted: Denied: 11. That you did not make each and every minimum payment due shown by the statements annexed and attached to these Requests for Admissions, or did not make such payments by the "payment due date" shown on those statements. ANSWER: Admitted: Denied: 12. That the Agreement, contains, in that section entitled "Default", the following terms and conditions: "You will be in default:... if you fail to comply with any part of this Agreement." ANSWER: Admitted: Denied: 13. That a failure to make monthly minimum payments due as shown by Plaintiff's statements, or a failure to make monthly minimum payments by the payment due date shown by Plaintiff's statements constitutes a failure to comply with the terms and conditions of the Agreement. ANSWER: Admitted: Denied: 14. That the Account Agreement, contains, in that section of the Agreement entitled "Default.", the following terms and conditions: "On your default we may, without further demand or notice,... declare your Account balance immediately due and payable..." ANSWER: Admitted: Denied: 15. That each of the statements annexed and attached to these Requests For Admissions and which are collectively identified as Attachment "l", accurately reflects the unpaid balance due on Defendant's account. ANSWER: Admitted: Denied: 16. That Defendant prior to the filing of this suit, did not contact Plaintiff too dispute any inaccuracy in the entries contained in said statements. ANSWER: Admitted: Denied: 17. That the entries amount to the sums claimed in Plaintiff's Complaint. ANSWER: Admitted: Denied: 18. That Defendant made payments on this account based on the unpaid balance as reflected on said statements prior to default. ANSWER: Admitted: Denied: 19. That amounts paid were not done so under protest or in connection with any particularized dispute? ANSWER: Admitted: Denied: 20. That the balance due Plaintiff as reflected on statement dated April 9, 1999 amounts to $20,989.75 ANSWER: Admitted: Denied: 21. That Defendant has not repaid to Plaintiff all of the sums due for items which were purchased by Defendant and amounts which were advanced to Defendant by Plaintiff. ANSWER: Admitted: Denied: 22. That the Agreement, contains, in that section entitled "Promise to Patty.", the following terms and conditions: "You promise to pay us ... all other transactions and charges to your Account, and collection costs we incur, including, but not limited to reasonable attorney's fees and court costa." ANSWER: Admitted: Denied: 23. That the document which has been annexed and attached to these Requests for Admissions, and which is identified as "Attachment 2" is a genuine and accurate copy of a portion of an agreement which'has been entered into between Plaintiff and its legal counsel. ANSWER: Admitted: Denied: 24. That the agreement which has been annexed and attached to these Requests for Admissions, and which is identified as "Attachment 2" provides for payment of fees of 33 1/3% of the amount in collection for the legal services rendered in connection with Plaintiff's accounts. ANSWER: Admitted: Denied: APPLE AND APPLE, P.C. By: Attorneys for Plaintiff(s) COUNTY OF STATE OF SS Before me, the undersigned authority, personally appeared who, being duly sworn according to law, deposes and says that the foregoing Answers to Requests For Admissions are true and correct to the best of the affiant's knowledge, information and belief. SWORN TO AND SUBSCRIBED AFFIANT'S SIGNATURE BEFORE ME THIS DAY OF AFFIANT'S PRESENT ADDRESS: 19 NOTARY PUBLIC TITLE OF OFFICIAL r ACCOUNT NUMBER PAYMENT DUE DATE MINIMUM PAYMENT AMOUNT ENCLOSED 4428-4727-5670-9223 Make Cheeb hriNe To To First Conceit THOMAS J GALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013-1261 Page 1 or I Drta VISA PLATINUM 44284727SL709223003360016786570 ------------------------------------------------------------------------------ TRANSACTIONS Post Data Description Transaction Oft is AmoOM 07-2MXSCWER BALANCE TRANSFER 07-23 6011002835524 M 8000000 0000 1.780.00 07-23ADVANTA VS BALANCE TRANSFER 07-23 "200746520345460000000 0000 2,955.00 07-23MMA BALANCE TRANSFER 07-23 40001215930767950000000 0000 4,354.00 07-23ATST N/C-VS BALANCE TRANSFER 07-23 53964000039210340000000 0000 7,100.00 47-311MNA N/C BALANCE TRANSFER 07-30 53290009a54025960000000 0000 536.00 ACCOUNT SUMMARY CUSTOMER SERVICE PHONE NUMBE PAYMENT INFORMATION PreNor Odom 1.OD 1-800-779-7993 NEW BALANCE 1Wn,70B57 . Credits .DD Crew uro 1/BJDo . PmyurNS ,00 AvdlaMe Credt 12,01 t Purchases A Account No he 4428 4727 8670 922J MILOtI m PaynNSd Lmim other Charges .00 Psy1.MM Due late oomm + Can s 18,ri3.OD CE CH WA } F Average AAWUAL Day statement Dm C ge Look 00 Type of Balance Ddry PERCEWAQE Penult 08/11197 = NEW BALANCE 11%768.67 Balance RATE Rate Purchase S.ro 5.80% .0102% 31 Dori In 'CUW Cash Advance $10,600.52 GAD% .0162% Billing Cycle Cash Advance 1.110 21.90% .0600% OOD4040M 0730 U419 The CASH ADVANCE CHECK below it pwldad for yav c,,rrnim. W, WIII gladly imm this and" DYa: _ now mar, abWra cheek yM ur as lung m m hew prat mllaDb. you can mt u , thlr check m p y" amdit atm,M With FIM Orel[ National Ie,L flY1a aae tlda aa6 taw yw Muni naft, . Payaals m: FIRST DEPOSIT 1472756709223 9708 NO.JA8111 NATIONAL BANK 295 Main Street Milan, NH 03276 PAY TO THE ORDER OF g THOMAS J DALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013-1201 MEMO SIGNATURE AawpM: 6 54.1391117 19 DOLLARS { ACCOUNT NUMBER PAYMENT DUE DATE MINIMUM PAYMENT 4428-4727-5670-9223 MEW MEM THOMAS J GALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013-1261 Page I of 2 ed1490 VISA PLATINUM 4426472756704223003410017271150 AMOUNT.. ENCLOSED T Menke Ntwia ?w.Mr To rime Coital. , Cat OMb fx fall with extra count UND tha attached cheek . uP to your avallable credit . With NO CASH ADVANCE FEES. YOU Dan count an Frovidian to want your f1muncial nrada all year lon0! BECAUSE YOU ARE A VALUED CUSTOMER, WE'VE LOWERED THE AMOUNT YOU NEED TO PAY THIS NORTH. ENJOY THE EXTRA CASH! post 0640 08 ADVAICE?FROM ATM - Ti>AnfXflOn Otle Amount 1560461/132 OLD YORK ROAD NEW CUMBERING PA08-27 74301037239559401861114 6011 300.00 09-11SLATE PAYMENT CMAROE 09-08 I 0606 20.40 09-09FAYNENT RECEIVED -- THAW YOU 09-09 7416051725200000044p oil 0000 340.06 FV 09-13CASH ADVANCE FROM ATM - IVA NUN ADVANCE CNECK Mar i,pawde far bar atamnle . We 411101Wa i--M tw,, W eW Der_ alto Cab mbate dam,yw r r 1400 r M arm 00111t M11019. YOU Mme oa chit eteba rWe ye 'r endit mraaet aye Fins D*ree Netleal NW L Plme• eta thlm Wale lee yea Norm rWon . ramble a: FIRST DEPOSIT NATIONAL BANK 295 Main Street Tilton, NH 03276 PAY TO THE ORDER OF THOMAS J GALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013.1201 Annette I 1472756709223 9109 N046E80/ $41391117 18 DOLLARS MEMO SIGNATURE ACCOUNT NUMBER 4428-4727-5670-9223 THOMAS J DALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013-1261 Papa 2 of 2 VISA PLATINUM 4428472756704223003410017271150 --------------------------------------------------------------------- ACCOUNT SUMMARY CUSTOMER SERVICE PHONE NUMBE PAYMENT INFORMATION Prevloua swam $10.7!9,67 1400-779-7993 NEW BALANCE Credit LIM S1LMAS $1$ $99 - Credit. - Payrnaaa a0 310.00 AvaNatle Credit , Imme + Purchases i AecauR NmWay 4429 4727 5070 9223 r " now , a .00 P Dine Dato tali + Cash ca 702JN C ICEd am' + Avetim MCANAAL ANNUAL Dally naa.aenr eeh Balances W.69 Type of Balance Daily PERCE1117AGE ParladC 00/11W Cads A4v Fee 14.08 Balance RA7E Rate + Late Chmirp 20.00 PlarLUe S.09 S!U% Atm%a 31 On" In o NEW BALANCE $17,271.76 'Cugt "Cash Advance {16,794.10 SAO% At=%n Bililne LTela Cash Advance $talAo 21.90% .11900% ANNUAL PERCENTAGERA7B1Ya Wiling cycle 21.80% 0011010000 0730 M418 'DMF/ PN IC RM MW ray The CASH ADVANCE CHOCK bow it Paoldwi for your taranlonn. Wo will plodly Mar dds at4 PW Dow: aweN: i odw cabelrrtoA,ata yw w an lag Y you tiara asset milWb. You con rot rr We I to Pry your W"t m with FNM DrPrlt NMlanal Bank. Plro swo this 0116 1W Yor f~9 ,Msw,e. pgrnN a: FIRST DEPOSIT 1472756708223 9708 NO.*0002 541391117 NATIONAL BANK 295 Main Stmet TlNOn, NH 03276 18_ PAY TO THE ORDER OF $ 0011A THOMAS J CALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013-1261 MEMO SIGNATURE ACCOUNT NUMBER PAYMENT DUE DATE MINIMUM PAYMENT AMOUNT ENCLOSED ell 4428-4727-5670-9223 1 MEW Make Chw*q Payable To First Deposit THOMAS J SALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013-1261 Page i of 1 own VISA PLATINUM 4428472756709223003450017243170 ---------------------------------------------------------------------- I FROM VISA PLATINUM THAW YOU FOR YOUR BUSINESS. TRANSACTIONS Post ado Description Transaction Date mouth 10-116CASH ADVANCE FROM ATM - 1009150/3549 HARTDALE DRI CAMP HILL PA 10-04 74301037277559562861513 6011 201.00 10-OXATE PAYMENT CHARGE 10-07 0000 20.00 0-0 AYMENT RECEIVED -- THAW YOU 10-0 741"517282000601061640 0000 345.00 PV ACCOUNT SUMMARY CUSTOMER SERVICE PHONE NUMBE PAYMENT INFORMATION Pmwom Balm :17,271.16 1-800-779-7993 NEW BALANCE di u C $17,243.17 . Credito ,00 re t nit $1%ow . PaMtIMb 306,00 AVAUMO Credit 51 Am + PUrtlt»es A Acewaa Nm6w 4428 4727 5870 11213 Mk*mm Payment $346A0 oum Charlie 90 Paylllert pus Date 11100A7 + FW Advioncey m + R Average NOMMAL ANNUAL Dairy stotenat onto an odancom 91.02 Type of Bolm Dairy PERCENTAGE Periodic 1011097 Cmh Adv Fee am Balm RATE Rate + Late Charge 10,00 PUrdhse $.00 OC to r C 6.80% .0182%w 29 Do" In = NEW BALANCE $17,262.17 U UhAtMnce SISMS•04 m ss Ad C 6.110% MB2%w OIIIIno Cycle a vance 1773M 2190% .0000% ANNUAL PERCENTAGER47BM billing cycle 21.90% 000000000 07M M418 •Adm wnadl.aw .,...rw The CASH ADVANCE CHECK talent N provided he ywe cahrwhiann. We will gladly may this and we, Dom: Amwed: p odwcmh adeehm clock ynUhr as Hong as you hors credit anlmWa. nay m net yr this dnekm PM~ reedit nand with Find [install NMI"[ BnL Plr awn mm anib far ~ hw ndehrhw. Payabm m: FIRST DEPOSIT NATIONAL BANK 295 Main Street TIN[in, NH 03276 PAY TO THE ORDER OF THOMAS J GALLAS 1402 BRADLEY OR A312 CARLISLE PA 17013.1201 1472756709223 9710 NO.#1001 $4.1391117 19 OOLIJIRS MEMO SIGNATURE ACCOUNT NUMBER 4428-4727-5670-9223 PAYMENT DUEDATE MINIMUM PAYMENT AMOUNT ENCLOSED NEW WINE K-== Make Chada hyable To FIPan Deposit THOMAS J DALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013-1261 Page 1 of 1 ON= VISA PLATINUM 4428472756709223003510017564280 MESSAGES FROM VISA PLATINUM THAW YOU FOR YOUR BUSINESS. TRANSACTIONS Post Data acr oD Transadlon D0b Amaant 11-03CASH ADVANCE FROM ATM - MEMBERS 1ST FC/1111 SPRIN CARLISLE PA 11-02 74301837306559575590619 6011 300.00 11-03LATE PAYMENT CHARGE 11-05 8000 20.00 1-0 VED -- TMW YOU 11-0 74 731 000000 32808 0000 0.00 ACCOUNT SUMMARY CUSTOMER SERVICE PHONE NUMBE PAYMENT INFORMATION Preweaa Balance 1117,213.1) 1-800-779-7993 NEW BALANCE 017,88418 . Creab .m seatuns s1Be10o - Paynlrlb 350.00 d t tPtaslM4es a< Aceaas Nuroer 4428 4727 61070 9223 wld mwn Prjn wtt Swi m other Changes .00 Payment Due Data 12W W t Cash Advances 300.00 + FM CHARGE: Avant" NOMlMAL _ 9ba a es Ballancow; On BilanlCes 340.11 Type of BrJance Daily PERCENTAGE liedo dc 2197 % Cash Adv Foe 8.00 Balance RATE Rate t lab Otargs 70,00 Purchase 11.00 ' 18.00% AM%a 33 Drys In NEW BALANCE 1117,68418 0Mt0tYC2sh Advaltee SIBAM•M 21M% AM% Billing cycle Cash Advance 111,02812 21.80% OWD% ANNUAL PERCENTAGE RATEINs billing cycle 24.17% 000000000 0730 M418 ^vally Periodic RNS "ay Van? FIRST DEPOSIT NATIONAL BANK First Deposit is available to serve you. Please call the Toll-Free customer service number. for balance inquiries or additional cash advances. We appreciate your business. Thank You! ACCOUNT NUMBER 4428-4727-5670-9223 PAYMENT DUE DATE MINIMUM PAYMENT AMOUNT ENCLOSED Male Checks PanNa To 1 Imt Onowit THOMAS J GALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013-1261 Page I of t oO VISA PLATINUM 4428472756709223003570017647600 MESSAGES FROM VISA PLATINUM TIUMC YOU FOR YOUR BUSINESS. TRANSACTIONS Post Data Descrlotlon Transaction Date Amount 11-17CASH ADVANCE FROM ATM - MEINIERS IST FC?1111 SPRIN CUILISLE PA 31-15 74301037319559532301010 6011 300.00 12-OBLATE FAVMENT CHANCE 12-00 0000 20.00 12-IWAYKW RECEIVED -- THAW YOU 12-10 74160517344000000402379 6000 365 00 PY ACCOUNT SUMMARY CUSTOMER SERVICE PHONE NUMBE PAYMENT INFORMATION PraNotr Oalallea 117,164.0 1-800-779 7993 NEW BALANCE 417Ail7.00 . Crab .00 - aeaeulr $110.1100 • Paymarb 365100 AVYa01eCredit 45m + Pttrclum • AtmrOt Nu dow 400 4727 5670 9723 Mildn n PaymrR 4757.00 otter qurg" .00 Paymerd Due Dab 01105155 + Cash AdOanwa 300.00 t F IIANCE CHARGE_ Average NOMINAL ANNUAL Dally statement oats On Salanws 312.32 TYPe o1 Bd1OC a DORY PERCMNIFAGE PrloAC 12111M Cash Aft Fes 9.00 Balance RATE Rase + Late III-, 20.00 PLlttlase 4.00 16.80% one%a 29 Dan III = NEW BALANCE 417,847.50 'QeOW Cash Advance S10ASM 25.00% A000% Billing C1da Cash Advatca St,520.34 21.00% AB00% ANNUAL PERCENrAGERATE Ns bli tg cycle 21.50% 000000000 0730 M418 FIRST DEPOSIT NATIONAL BANK First Deposit is available to serve you. Please call the Toll-Free customer service number. for balance inquiries or additional cash advances. We appreciate your business. Thank You! ACCOUNT NUMBER 4428-4727-5670-9223 PAYMENT DUE DATE MINIMUM PAYMENT k ' THOMAS J GALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013-1261 page 1 of 1 gees VISA PLATINUM 4 4 284 7275670g] 2230036 70018 34 7650 AMOUNT ENCLOSED Malin Checks Peya6le To First Deposit First Deposit National a" has oI a it's ner to Providisn Netioral Bank. You'll oontirosa to MJOY the ere Orvot aarvios! TRANSACTIONS Post Dace DescrlDtlon Trattaactlon Daft Amou 12-19CASN ADVANCE FRON ATM - NEMBERS 1ST FC/1111 SPRIN CARLISLE PA 12-18 74301637352559324861413 6011 300.00 01-11ISPAYNENT RECEIVED -- THANK YOU 01-05 74168518005000002992252 0000 368.00 PY 01-COCASH ADVANCE FROM ATM - HEMMERS 1ST FC/1111 SPRIN CARLISLE PA 01-07 74301838007559503426111 6011 200.00 ACCOUNT SUMMARY CUSTOMER SERVICE PHONE NUMBE PAYMENT INFORMATION PrwAous BaNnos 017,047.50 1-800-779-7993 NEW BALANCE itu 01S..wA0 Credw .50 Cred ne Slewo - Parynrnp 360.00 Ad1AW4 Crest 0462 + P , -e- 6 Ateot-t Number 4438 4727 5878 8723 M Inaart PAy1rd Swm aster Chirps .00 Pay ndo Due Daft 02001500 + Cash AdVmncn 500.05 + FRVANCE CHARGE: Average NOMINAL ANNUAL DAHY Statement Dote On Btlallcsa 500.05 TV" or BLS11ee DARY PERCENTAGE Pedoc k: 01/12/88 Cas Fee 11 Swarm RA7E Raw te p + is" Miniboom 0.00 16.90% .BOB%• 32 Deye In =NEW BALANCE f18,307.56 Cuewm' Cash Advame 0/046441 21.80% .000D% 01111n0 C7e1e Cash Advanes 01,875.76 21.90% .01180% ANNUAL PERCENTAGE RATENs WHIM cVds 23.78% 008080000 07M 51418 Woks Perim ILta mown FIRST DEPOSIT NATIONAL BANK First Deposit is available to serve you. Please call the Toll-Free customer service number. for balance inquiries or additional cash advances. We appreciate your business. Thank You! ACCOUNT NUMBER 4428-4727-5670-9223 PAYMENT DUE DATE MINIMUM PAYMENT AMOUNT ENCLOSED Nate Ctmkm Payable TO Praefelan THOMAS J GALLAS 1402 BRADLEY DR A322 CARLISLE PA 17013-1261 Page I of I 000000 VISA PLATINUM 4428472756709223010649819115980 MESSAGES FROM VISA PLATINUM PLEASE NOTICE THE ABOVE AHOIRIT INCLUDES ANY OVERLINIT AMOUNT AND PAST WE ANOUH? AND MUST BE PAID IMMEDIATELY. IF YOU HAVE ALREADY SENT A PAYMENT, THANK YOU AM PLEASE DISRECARD THIS NOTICE. IF YOU NEED TO MAKE ARRANGEMENTS FOR PAYMENT PLEASE CALL 1 O00 766 9982. Post DW Description Transedlon 0ah Amoon! 01-20CASH ADVANCE FROM ATM - HERDERS 1ST FC/1111 SPRIN CARLISLE PA 01-19 74301838019559346560111 6011 200.60 01-26CASH ADVANCE FROM ATM - -- - HEIBERS 1ST FC/1111 SPRIN CARLISLE PA 01-24 74301030024559335370111 6011 200.60 PreMaot Balance . crwa . Paver" t PMadmas 6 Oliver amarges t Cash Advances t RNANCE CHARGE. On Balances Cash Adv Fee t Late Chace = NEW BALANCE BIB,3Q.86 1-800-779 7993 NEW BALANCE 819,116AB oD - Credit tme 1110,000 I Awaftallibe Credit 411110 AccgBM Nlndw 4426 4727 670 8227 M dM= PAymNO B1,OB4.S .00 PNNBaO OW Dale 03DBU08 400.00 Average NQ11BVAL ANNUAL DAILY Satemant DaOa 338.33 Tylle Of BAWce DOOM PERCENTAGE Pa1Odie 02111m 10.0 Balance RATE Rate 10.00 Purchase 11.00 15.00% .0138%a 30 Days In 1119.116.08 -Crt0lrr' Cash Advance 818,440.12 21.00% .000% Billing cycle Cash Advance 82,368.36 21 AO% ON G% ANNUAL PERCENTAGERATBHs billing cycle 22.20% 4001y Perleale We wwq PROVIDIAN NATIONAL BANK We appreciate your business. Thank You! ACCOUNT NUMBER PAYMENT DUE DATE MINIMUM PAYMENT AMOUNT ENCLOSED 4428-4727-5670-9223 Male Checks PaVabla To FmIdlon THOMAS J DALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013-1261 Page 1 al 1 MINIMUM VISA PLATINUM 4428472756709223010452619084260 ---------------------------------------------------------------------- - PLEASE NOTICE THE ABOVE MOUNT INCLUDES RF OVERLIN7T AHOUNr AND PAST DUE AMOUNT AND MUST E PAID YOU AND P PAYMM, ALREADY HAVE YOU DXSRE BTHIS NOTICE. IF YOU NEED TO HAKE SENTRANGEMENTSAFOR R YMENTTLLEEASE CALL 1L 600 764 998x2- Pmvleus Balance . credits . PlrymrBs + Cam AOvmces + RNANCE CHARGE + later ago = NEW BALANCE - to Tranandion Data mou --1 THAW YOU 02-17 74168518048000002692976 0000 370.00 PY ..ww en nn S19,119s9 I 1-800-779-7993 00 370.00 Atealad Number 4028/727 0870 9023 m AO Avenge MILE Type of Balance Dow 20.00 Balance 519AN26 e,.Meee $.00 NEW BALANCE $1910" Credit ulr 510,000 AwOable Credit IN Mbimisn PAYMOM $1,04010 Pmv., IK Due clad OINMS ANNUAL DW Statement Dots pERCEN7AGE Pedodc 03/11/80 RATE Rate 10.00% .0139%a 26 Dan In 21 AO% OWD% Milling Cyde 21.90% ONO% 'Custom' Cash AdvmCe 518,604.01 Cash Advance $2,641.33 ba erymrY PROVIDIAN NATIONAL BANK We appreciate your business. Thank You! ACCOUNT NUMBER PAYMENT DUE DATE MINIMUM PAYMENT AMOUNT ENCLOSED 4420-4727-5670-9223 Manchama hTaOaTo Prowdlan THOMAS J GALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013-1261 Page 1 of I t0ere VISA PLATINUM 4428472756709223003730018668360 ------------------------------------------------------------------------------- MESSAGES FROM VISA PLATINUM TIWM YOU FOR YOUR BUSINESS. TRANSACTIONS Post Date Description Transa don 0000 ou 03-16PAYMENr RECEIVED -- THANK YOU 03-16 74160510075000109013476 0000 400.00 PY 0 - YNE RECEIVED -- THAW YOU 04-0 741"518099060000562235 0000 375.08 ACCOUNT SUMMARY CUSTOMER SERVICE PHONE NUMBE PAYMENT INFORMATION NEW BALANCE SllAm 311 Preview Balance 8111.0114.78 1-800-779-7993 Credt Ww 818.800 Credits ao Avaka0le CYedt $131 t - OYMNO 776.00 Attest N~ 4420 4777 6870 0223 MINIMUM Pr next 8373.00 t P A PsymaMt Due Date 05105M DOW Cargo AD t COO AdvUees .00 Ave" ANNUAL DOW saament Data t FINANCE CHARGE 32111.10 00 20 Type of Balance Daly PERCENTAGE Psrlodc 0410186 t Late Charge . SWUM RATE Rate = NEW BALANCE 818.1150.38 Plrchm 8.0D 16.00% .0138%a 30 Days In Custom Cash Advance 1 810,4011.50 21.00% .0600% Olllln6 Cycle Cash Advance S2A30.50 21.00% .0600% MYYYMIVw MM ?OJ1 -Dolly PadWIC era mwvr v PROVIDIAN NATIONAL BANK We appreciate your business. Thank You! ACCOUNT NUMBER PAYMENT DUE DATE MINIMUM PAYMENT AMOUNT ENCLOSED 4428-4727-5670-9223 L- --__J Maas C'healm Payable To PmAdlan THOMAS J GALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013-1261 VISA PLATINUM Page I of 1 memo 4428472756709223010760919083090 ------------------------------------------------------------------------------- P1011" ar tlr anmloaw,d important mtla of ehengoa to your me o t tone, MESSAGES FROM VISA PLATINUM PLEASE NOTICE THE ABOVE AMMW INCLUDES ANY OVERLIMIT ANDUR AND PAST DUE AMOUNT AND NUST BE PAID IIMEDIATELY. IF YOU HAVE ALREADY SENT A PAYMENT, THANK YOU AM PLEASE DISREGARD THIS NOTICE. IF YOU NEED TO HAKE ARRANGEMENTS FOR PAYMENT PLEASE CALL 1 860 746 9982. Ballamice i s1B'eee m 1.800-779-7993 Cred t ; • Paym4fs .00 F Purchases A Account No dm 44M 477 5070 9223 OMW Chmi" .00 ' Cash AdvM¢ss DO ' FINANCE CHARGE 304.73 Average • Late Charge 20.00 TyP° Of Balance Daily NEW BALANCE 1110,003.00 Bator PI+NIax Castsm Camh Advance I SI&3M.06 Cash Advance $2,472.07 NEW BALANCE 51o,MAD Croat tine sisim AValla6lm Credt $1101 m nn PaynMt . PaYmmt DW Doh OBIO8f2B ANNUAL DRRY Slatment Data PERCENrAGE Pmioac 05/12M RATE Raft 1890% 9618%a 32 Gaya In 2390% .0866% Billing cycle 23.90% AM% 'Doily Pan W Ie Raw, my my PROVIDIAN NATIONAL BANK We appreciate your business. Thank You! ACCOUNT NUMBER PAYMENT DUE DATE MINIMUM PAYMENT AMOUNT ENCLOSED - 4426-4727-5670-9223 y^ ?? Maw Clmla PaY¦a. To - Pmuldlan THOMAS J GALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013-1261 Page 1 or I Mesa VISA PLATINUM 4428472756709223012263019186300 ------------------------------------------------------------------------------- MESSAGES FROM VISA PLATINUM PLEASE MITICE THE ABOVE AMOLNIT INCLUDES ANY OVERLIMIT AMOUNT AND PAST DUE AMMUNT AND /21ST BE PAID INIEDIATELY. IF YOU HAVE ALREADY SENT A PAYMENT, THANK YOU AND PLEASE DISREGARD THIS MDTICE. IF YOU NEED TO MAKE ARRANCEMENTS FOR PAYMENT PLEASE CALL 1 800 766 !1192. Prewar Brix= • Croats • PrOgeeob + PlrChom A oNm Charges + Crest Protection WI) + Cash AdvMFes + PNVANCECNAROE + late Chose, = NEW BALANCE NEW BALANCE B 11 $1908309 1-800-779-7993 Avast Una, AM SI tttoo .00 A??e Parat too 378.00 Account NuMer 4678 47'!7 6870 871.7 Ylldtrasn PayetelR $1.77820 Pam DOB Dade 07AWn .00 78.00 Average ANNUAL Dally Statement Pala .0 TV" of ??e Daly PERCEATGIGE Pdriede W11/26 370 Balance RATE Rate 29.00 Purchase $.Do 18.00% 0618%a 30 Days In (10.188.70 Cudont Call Advancel SIBA19.40 27.90% .0008% Billing Cycle Cash Advm S2A70.89 23.90% .0888% arty wry PROVIDIAN NATIONAL SANK We appreciate your business. Thank You! ACCOUNT NUMBER PAYMENT DUE DATE MINIMUM PAYMENT AMOUNT ENCLOSED 4428-4727-5670-9223 loom Main Chaim Payable To Prwlelen THOMAS J DALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013-1261 VISA PLATINUM Page 1 of I mm 4428472756709223004270018746870 MESSAGES FROM VISA PLATINUM PLEASE NOTICE THE ABOVE AMOUNT INCLUDES ANY OVERLIMIT AIWfT AND PAST DUE AMOUNT AND MUST BE PAID IMMEDIATELY. IF YOU HAVE ALREADY SENT A PAYMENT, THAW YOU AND PLEASE DISRECARD THIS NOTICE. IF YOU NEED TD MAKE ARRANGEMENTS FOR PAYMENT PLEASE CALL 1 000 766 9902. TRANSACTIONS Pod Date Description Transaction Dale Amount 06-1SPAYMENT RECEIVED -- THANK YOU 06-17 7416a510169000100620930 0000 400.00 PY 07-02PAYNENT RECEIVED -- THANK YOU 07-02 741685181830001053x3274 0000 4Z5.00 PY ACCOUNT SUMMARY Previous Balance Croats • Payntifaa + Patloses t ~ charges + Cash Advmxm + FAMNCE CHARGE + late Cmm = NEW BALANCE 1119,186.30 1-800-779-7993 .00 823.00 AagtOtt NMnOar 4610 4727 GOO 0727 ,00 57 356.57 Average 2000 Type M Balance Daily 1118,7411.07 Balance PaWae 3.09 Casten Cash Advance 1 $10,388.87 Cash Advance $2,622.11 NEW BALANCE awe Line Avalla0le Credit Mhattaan Paytnett Payment Due Date ANNUAL Daly PERCENTAGE Periodic RATE Rate 10.90% .0618%6 23.90% .0868% 23.00% .0886% $19,748A7 3111,1100 $33 3027.00 tatement Date 07/10/96 29 Days In milling cycle mw wr PROVIDIAN NATIONAL BANK We appreciate your business. Thank You! ACCOUNT NUMBER PAYMENT DUE DATE MINIMUM PAYMENT AMOUNT ENCLOSED 4428-4727-5670-9223 mm?offimm K?? Nob CMolu Porihlo TOTo ProWdlnn THOMAS J GALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013-1261 Pape 1 of I am VISA PLATINUM 4428472756704223004110016663470 --------------------------------------------------------------------------- MESSAGES FROM VISA PLATINUM THANK YOU FOR BANKING WITH PROVIDWI FINANCIAL -.q nneam mama "w V'y PROVIDIAN NATIONAL BANK We appreciate your business. Thank You! ACCOUNT NUMBER 4428-4727-5670-9223 PAYMENT DUE DATE MINIMUM PAYMENT THOMAS J DALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013-1261 Page I of I own VISA PLATINUM 4428472756709223004100018657650 AMOUNT ENCLOSED Mete Cheeps Payable To Na4dlen ACCOUNT SUMMARY CUSTOMER SERVICE PHONE NUMBE PAYMENT INFORMATION Predaw Balance $18,8atA7 1-800-779-7993 NEW BALANCE Credit Una 81BA67AS 818,500 t Crx.ate edtB .111111 Available CreAt 8142 PSYMNO - + PudlNe • 411.0 0 Account Men dom 4428 4727 88708723 MitWlaan Paytttwd 8410.00 allm Charges .00 PaytnMd Due Dale 70101108 + Casa Advaeesa + ANANCE CNAROE .00 404.0 Average ANNUAL Daily atawnent Data + late Charge A0 Type of Balance Daily PERCENTAGE Parlodc 0410111m = NEW BALANCE s1B,ew.Os BMW" P11rehN 8.00 RATE Rate 18.90% .0818%R 33 Dave In OMtan Cash Advance 1 8111I.M.08 23.90% .0888% Slnine eyei¦ Cash Advance 52,481.18 23.90% .0888% 000000000 0730 Mae 'Dtlly Periodic Reft, cey"n PROVIDIAN NATIONAL BANK We appreciate your business. Thank You! I ACCOUNT NUMBER 4428-4727-5670-9223 PAYMENTDUEDATE MINIMUM PAYMENT AMOUNT ENCLOSED I?-J Maya Checks hooka To PmNdlan THOMAS J DALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013-1261 Page 1 or I a0sl VISA PLATINUM 4428472756709223004100018645850 ----------------------------------------------------- ---------------- ---------- TRANSACTIONS Pod Doh DaaerIwan T n On 10-0 YMENT RECEIVED -- THANE YOU 10-07 741"S182800001 43 733 0000 41 .10 PV ACCOUNT SUMMARY CUSTOMER SERVICE PHONE NUMBS PAYMENT INFORMATION . PmteNDks Balalw 518,86785 1-800-779-7993 NEW BALANCE CrodtUrb $10,515.05 8+8,800 a Credits redi s AvalloNe Credit 6100 . 11000 paynm Aid Nu im 11281727 5870 0073 MNdnam Paymard $410m A t a Payment Due Ddb 11A13N8 alhar Ou19o AO t Cash Advances AD AVWa9e ANNUAL Dally atotameak Dean t l9NANCECHARGE 30010 20A0 Typo or Salance DANY PERCEMfAQE Pooloda 10100100 t Lite am Blow RATE Rde = NEW BALANCE SIBA46A PlrtJuae 3.00 10.90% .0618%a 30 Dori In Ckgtann Cali Advance 1 $70,310.16 23.00% .0555% BDUno cycle Cash Advance $2,47625 23.90% .0866% RWVW7 PROVIDIAN NATIONAL BANK We appreciate your business. Thank You! ACCOUNT NUMBER 4428-4727-5670-9223 PAYMENT DUE DATE MINIMUM PAYMENT AMOUNT ENCLMED OEM MEMO O= Make Cheeks Payable To PwAdlen THOMAS J DALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013-1261 Page 1 of 1 alma VISA PLATINUM 4428472756704223004130018778900 TRANSACTIONS Point 040 Deacrlotlon Transaction Date Amount 10-26CAM ADVANCE FROM ATM - 9q,5 PNC BAWMIGNTIDIMBOARINIA, 10-24 102-99 11-05PAYME RECEIVED - TRW YTgtLANi1C CiY2 X11 05 7410"51830900010370902554 0000 410.00 PY Previous Balance awl 114840.80 1-500-779-7993 _---__. NEW BALANCE s gg Crest Una • PayRN10a 4100 AVallaBle Crest F Pvdlaes A AecaaO Number 4628 4727 6870 8023 Mlellnsn Payn10M Other Clargas .00 Payment Due Dale ' Cash Advanen 10230 ' FINANCE CHARGE: Average NOMINAL ANNUAL Dally On Balances 400.08 Type of Balattes Dally PERCENTAGE Perlwc Cash Adv 1" 6.00 Balslca R47E Rate ' Late Charge 28,00 Pladeae 1.00 C 1890% .0618%a NEW BALANCE 110.77890 ISPI A410111 e 1 $16,264.00 2390% .0666% Cash A 52,677.72 2396% .0866% ANNUAL PERCENIAGERATEINs Wiling cyde 26.26% 66000006 0740 0184 •0slly PROVIDIAN NATIONAL BANK 11e.7769D s1B,e60 on $03.00 12MM Statement Dale 11/11/911 33 Day In Billing Cycle mgrny We appreciate your business. Thank You! ACCOUNT NUMBER 4428-4727-5670-9223 PAYMENT DUE DATE MINIMUM PAYMENT THOMAS J GALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013-1261 Page 1 of 1 OCOOe VISA PLATINUM 4428472756704223012312319196230 AMOUNT ENCLOSED Male Cheeks Payable To PruAdlan Look IneWe for CwJUnQ neap he aaakpa wnNWaM. Ka our ray of aayln6 THANK YOU" for using Your PlmrkEan Vim =r4 MESSAGES FROM VISA PLATINUM PLEASE NOTICE THE ABOVE AMOUNT MMUDES ANY OVERLINIT AMOUNT AND PAST DUE AMOUNT AND MUST SE PAID IMMEDIATELY. IF YOU HAVE ALREADY SENTA PAYMENT, THANK YOU AND PLEASE DISNEOMD THIS NOTICE. IF YOU NEED TO MANE ARRANGEMENTS FOR PAYMENT PLEASE CALL 1000740 9M ACCOUNT SUMMARY CUSTOMER SERVICE PHONE NUMBE PAYMENT INFORMATION p¢ey1gM Balance 110.77920 1-800-779-7993 NEW BALANCE 810,16 .23 • Credits .00 f]WI UIte 119900 • Paynlaga .00 +P , A Accont Nmbw 4496 4M7 0070 8= Mhimen PaynlMm {1,431.7) adw atlMy Ch f7laf gm 90.00 POynw9 Duo DAs 0110m t Cam Advances 00 E C 1AHARGE t FIAI A 060.37 AVWSW ANNUAL Deny mtetenent Date C hwo t LAS f 9 620 Typo of oil== Do* PERCENTAGE PeHOdc 12/10000 B ALA = NEW BALANCE 110,166.7) Balance RATE Rate PurMaaa 120 19A0% 269%a 40 Days In Cud n Cam Adwlee 1 110.379AB 2320% .6666% milling eyale Cam AdvMw 12,600.10 2320% AM% 00611114600 0730 0164 "0Mly Paneele Rw MW wry PROVIDIAN NATIONAL BANK We appreciate your business. Thank You! ACCOUNT NUMBER 4428-4727-5670-9223 PAYMENT DUE DATE MINIMUM PAYMENT THOMAS J DALLAS 1402 BRADLEY OR A312 CARLISLE PA 17013-1261 Page 1 of 1 am= VISA PLATINUM 4428472756709223020874419620440 ------------------------------------------------------- AMOUNT ENCLOSED Mae Cbaa? Pmvalan MESSAGES FROM VISA PLATINUM YOUR PAYMENT DUE INCLUDES ANY OVERLWfT AMOUNT AND PAST DUE AMOUNT THAT MUST BE PAID IMMEDIATELY. YOUR ACCOUNT MAY BE PERMANENTLY CLOSED WITHOUT THIS PAYMENT. TO AVOID FURTHER COLLECTION CALLS AND LATE FEES PLEASE PAY IMMEDIATELY, OR CALL 1 000 767 11102 TO MAKE ARRANGEMENTS FOR PAYMENT. ACCOUNT SUMMARY CUSTOMER SERVICE PHONE NUMBE PAYMENT INFORMATION PnWImM Balance a aM $19,1MM 1-800-779-7993 NEW BALANCE 818,01LIM . • .80 anal um $18,805 Paymer a .80 AVal1aMe neat sm + Purchaft A Aeeaan Number 4428 027 6870 8223 MI111man Payment $2,087.44 aOMr 01Mges 20.00 Payment Due Daft 02MM + Cash Advances ,80 + FINANCE CHARGE 368.21 Average ANNUAL Daily statement Data + lab Chwo 28.0 TYPO of BWwwe Dally PERCENTAGE Periodic 01/08188 = NEW BALANCE $1S,H12D.44 Balance, RATE Raft Marchese $.00 18.80% .0618%- 20 Days In Cuat0ln Cash Awaeee 1 $16,506.47 23.00% .M6ti% Billing Cycle Cash Advance $2,820.44 23.80% 8066% 000000010 0730 0164 AD Ify P.nale Re, MW"y PROVIDIAN NATIONAL BANK We appreciate your business. Thank You! FROM 1 510 060 0673 4 i i : NO! 1 i 08.31. 1999 08:56 0801NIM0MA7NWLIM We ? ' TMnk ow bwm . YOW aorrrwl? Mrrrewru ,!?..!! ?]!I - w1•nn• ? w11w ? L? • i IwA0.wNI+.JLOw?11iL0?wd01x.»I*0.1 ?I r! NSA kA"W 1 Y41M YSTA70g111 01 0 11 7 0 1W 01700 .................................................... 94WASOM1 IY17101iK 0 P. 3 M We aC" e Y Vw "m FROM 1 510 460 8673 e WON" uns 88.31.1999 88157 p. 4 {{1 We • TIMMI V011/'bY01MN. i 1 IN n Yf?1W ?I??IgI wliri VU MAIWWM Y1/P1701K7040001010701010f 700 ............................. 1 __ rrnr ?wreNeer A= eosvow NATO" am We NP "at$ vour bwlne". Irmo* lf"t N ACCOUNT NUMBER PAYMENT DUE DATE MINIMUM PAYMENT AMOUNT ENCLOSED -- 4428-4727-5670-9223 BEEN mm? Ma. CA..b Payable To PtoMal.n THOMAS J DALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013-1261 Pap. 1 a am= VISA PLATINUM 4426472756709223039040720543070 ------------------ MESSAGES FROM VISA PLATINUM YOUR PAYMENT DUE INCLUDES ANY OVERLIMrr AND PAST OUE AMOUNTS THAT NEED TO BE PAID IMMEDIATELY TO AVOID FURTHER CREDIT DAMAGE AND POSSIBLE REFERRAL OF YOUR ACCOUNT FOR FURTHER COLLECTION ACTION. ITS NOT TOO LATE TO START REBUILDING YOUR CREDIT WITH PROVIOIAN. PLEASE CALL IBM 783 8192. Praytaq Balance Credits GUM SAIW70 1-800-779-7993 Pa imm + Purclums A Charges Cash Advances + FINANCE CHARGE .00 '0° AccgOt Nunb.r 4423 47V W70 9223 Late purge 29.99 31111 AV ver NEW BALANCE Cash Advance 92,749.19 1009000 0730 M84 PROVIDIAN NATIONAL BANK .09 f2Qti47A7 Balance Plreham f.00 CUBtan Cash Advance 1 f17,334.® NEW BALANCE 8BTA43.07 Crest Una (13.300 AVaOaDle CreAt Sao Mhiman Pganmt f3.804A7 Paynwa Due flab 04AEI89 ANNUAL Daily sholmonant Onto PERCFJITAOE Parlade 03111A19 RATE Nab 19.80% .0618%" 20 D.ri In 73.80% ,OBESK allllap Cyd. xtsox .oMS9x "w VWY We appreciate your business. Thank You! ACCOUNT NUMBER PAYMENT DUE DATE MINIMUM PAYMENT 4425-4727-5670-9223 lullm THGNAS J GALLAS 1402 BRADLEY DR A312 CARLISLE PA 17013-1261 Page 1 or I V= VISA PLATINUM 4428472756709223048127520989750 AMOUNT ENCLOSED Make CMe PluNalan MESSAGES FROM VISA PLATINUM YOUR ACCOUNT 19 SIGNIFICANTLY PAST DUE. TO PREVENT YOUR ACCOUNT FROM ANY FURTHER DELrOUENCIE9, FURTHER CREDIT DAMAGE, POSSIBLE REFERRAL OF YOUPl ACCOUNT FOR FURTHER COLLECTION ACTION OR FROM CHARGING OFF AS A BAD DEBT, PLEASE CALL U9 AT 1 440 713 812 2 IMMEDIATELY. ACCOUNT SUMMARY CUSTOMER SERVICE PHONE NUMBE PAYMENT INFORMATION PraNalw Balance de C $20 T 0 1-800-779-7993 NEW BALANCE $40,0/.78 ru s Cr ude Um SINA D PagmrNs AD AvaBaMe Crude 1001 + wxdrsa a Acment Nueim 4448 4771 BIDS 9223 MI NIwm Prpmee 44,812.75 Other Chrgas 29.00 PavmrB Dw Dace 011I01190 + Cash Aavwleaa .00 +RNANCE CHARGE 388.0 Average ANNUAL Daily Bbumallt Dahl + Lab Cheap 29AD Type Of Balanca DIY PERCENTAGE ParlOde 04IOBIAI = NEW BALANCE 540,980.76 Balance R47E Rabe PleNlafe 390 Custrll Cash Advance 1 $17,07.10 18.00% 0618%4 23.001A .De6B% 4s Days In Billing Cycle Cash Advance $2,80194 23.00% .0616% 000000000 0730 0114 ^DYh Por1a1k Rla mCr+r PROVIDIAN NATIONAL BANK We appreciate your business. Thank You! v PROVIDIAN BANCORP SERVICES LEGAL REPJtESENTATTON AND 12M AGREEhOW Age is made the day of , 1998, by and 6eti, JRnvidian Bancorp Services, a C^t?^^z corporation having amce at 4900 , Pleaaaamn CA 94588 oaf er aged 'Company') and Apple an orifice at 1(x50 Buono Road, Pittabuu gh PA 15213 (haeiaafta' -Au=ufun w. Is is an addeadtmm m the Legal Represesaation and Fee Agieemat ia•e$eotbetweeaJ'tvvidmn Bamcotp l? Services ad Apple & Apple as of Jatnary 3, 1997 , as amended by Adch da from time to time, (the 'Agnemievin which will remain m effete moka teaoimted by either party ? with eve days prior wufttea notice as provided by the Agreement. WEE WAS, Atmtmy is engaged in the boamess of abohdog jodgmeara as and cdlecting delitsp, t accounts, melnd n pou-judgmeat accounts, nod whereas Company dashes Attorney to perform such services for the 'Wino not aeeomm of Company and Company's affiliaoes, ioclodin , without li®taeon Pmvidian Nadiaoal Bank (a National Banking Association damialed in Tilton, New Hampsbirch Providian Bank (a Utah industrial loan corpontion, dommk&d in Salt L aim City, Utah), and First Deposit Servim Carpontion (a California corporation domiciled m. San Frm=sco, California): NOW 7HM703RE, in comideratim of the caveaaatr besein contained mad otbw goad and valuable camadaation, the patties mnmally agrr a as follows: 1) Cootinarat Fee: For all payments received on accottms on or after luxe 1, 1998, Auarcey will be entitled to meat fees as follows: t A. Coainenot Fee of 3?A?6 0o n t) Post judgment recoveries, whether through judgment lies, pending execution, walement and payment artmgemear effected by the Attorney, as long a account is act rammed to or recalled.by Company. Pm-judp= is'defined a on or. after the dam on which the count has catered i d=-r- h) Recovetia, whether or not negotiamd by Awomey when there has bees an answer or respamsive pleading Bled. ED Recoveries negotiated by Amomey with an attorney for the debtor. REDACTED CONFIDENTIAL /PRIVILEGED INFORMATION (ATTORNET-CLIENT) 41.1. _ i............1 X`7-1/ REDACTED CONFIDENTIAL/PRIVILEGED INFORMATION (ATTORNEY'-CLIENT) Except ae ? provided herein, the tams of the Agmemeot shall remain in f di fame and Senior Vim PraidcM Asm Remvrry Pmvidiaa Banev<p Services 4900 Jdhmm Drive Pleatatttmi Calm 94m Allf? -P' 6 Date #.lim Apro p ,?e, RC . 4610 Hamm Rod Punt msk PA 11213 Eft& IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. 99-4314 IN CIVIL ACTION -es- Plaintiff(s) THOMAS J. GALLAS Defendant(s) I hereby certify that I am this day serving a true and correct copy of the attached or foregoing document upon the person(s) and in the manner indicated below: Service by first class mail, postage prepaid and addressed as follows: Thomas J. Gallas 1402 Bradley Dr A-312 Carlisle PA 17013 ?, Dated: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. 88-4314 IN CIVIL ACTION -vs- Plaintiff(s) THOMAS J. GALLAS Defendant(s) I hereby certify that I am this day serving a true and correct copy of the attached or foregoing document upon the person(s) and in the manner indicated below: Service by first class mail, postage prepaid and addressed as follows: Thomas J. Gallas 1402 Bradley Dr A-312 Carlisle PA 17013 Dated: ?'144? owl ?? By: U L C'1 , I f / I Y_ li IL V i'? u 'J CJ *1,' PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted 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, VS. THOMAS J. GALLAS (Plaintiff) (Defendant) No. 4314 Civil 19 99 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to ccnplaint, etc.): Motion For Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Joel E. Hausman, Esquire Address: Apple & Apple, P.C. 4650 Baum Blvd Pittsburgh PA 15213 (b) for defendant: Thomas J. Gallas Pro-Se Address: 1402 Bradley Dr A312 Carlisle PA 17013-1261 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Dated: /O//(p /D0 \ ?? ?_ ?- J.. ? '., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK -vs- Plaintiff(s) THOMAS J. GALLAS Defendant(s) NO. 99-4314 IN CIVIL ACTION MOTION FOR SUMMARY JUDGMENT CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 Charles P. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213.1237 Telephone (412) 682-1466 Fax (412) 652-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. 99-4314 IN CIVIL ACTION -vs. Plaintiff(s) THOMAS J. GALLAS Defendant(s) AND NOW, this day of , 19_, you are hereby notified that the within Motion shall be presented to the Court on the day of 19_, at a.m./p.m., before If you oppose the granting of this Motion, you should appear at this time and place to give your reason for opposing the granting of the Motion to the court. By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. 99-4314 IN CIVIL ACTION -va• Plaintiff(s) THOMAS J. GALLAS Defendant(s) MOTION FOR SUMMARY JUDGMENT AND NOW, comes Plaintiff First Deposit National Bank, by and through its attorneys, Apple and Apple, P.C, and moves this Honorable Court pursuant to Pa. R.C.P. 1035 for an Order of Court directing entry of Summary Judgment in favor of Plaintiff and against the Defendant on the cause of action alleged in Plaintiff's Complaint as follows: 1. Plaintiff filed its Complaint in the above-captioned action on July 15, 1999 which averred that Defendant, Thomas J. Gallas, failed to pay Plaintiff the sum of $20,989.75, which was due and owing under a credit account which Defendant had with Plaintiff. 2. On or about August 5, 1999, Defendant filed an Answer to Plaintiff's Complaint wherein Defendant admitted that he applied for and was granted credit by the Plaintiff and that he used said credit to make purchases and/or receive cash advances. 3. On or about January 20, 2000, Plaintiff served Request for Admissions on Defendant's counsel, which Requests went unanswered by the Defendant within the time prescribed by law. 4. Thereafter Plaintiff filed an Affidavit with the court relative to the service of the aforementioned Requests for Admissions and the Defendant's failure to answer. 2 5. The affidavit was accompanied by a copy of the Requests for Admissions served in the matter. 6. Pursuant to Pa. R.C.P. 4014 the matters for which admissions were requested by Plaintiff are deemed admitted by operation of law due to Defendant's failure to respond within the time prescribed by law. 7. Plaintiff believes and therefore asserts that no genuine triable issue of material fact exists, based upon the pleadings and admissions of record in this case. 8. Plaintiff believes and therefore sets forth that Plaintiff is entitled to Summary Judgment as a matter of law. WHEREFORE, Plaintiff moves this Honorable Court to enter Summary Judgment in favor of Plaintiff and against the Defendant in the amount of $20,989.75 with appropriate additional interest, counsel fees and costs. Respectfully Submitted, Dated: , G /-O i APPLE AND APPLE, P.C. By: Attdrneys for laintiff(s) 3 The undersigned counsel of record for Plaintiff herein, verifies that the statements of fact contained in the foregoing document are true and correct to the best of his/her knowledge, information and belief. The within verification is made by counsel and not by Plaintiff. Counsel, and not Plaintiff, possesses first-hand knowledge of the facts contained in the foregoing document. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Dated:,,-_22 i APPLE AND APPLE, P.C. By 0 Attorneys for Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. 99-4314 IN CIVIL ACTION -vs- Plaintiff(s) THOMAS J. GALLAS Defendant(s) I hereby certify that I am this day serving a true and correct copy of the attached or foregoing document upon the person(s) and in the manner indicated below: Service by first class mail, postage prepaid and addressed as follows: Thomas J. Gallas 1402 Bradley Drive A312 Carlisle PA 17013-1261 Dated: ?6190 By: ?. Cry 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. 89-4314 IN CIVIL ACTION -us- Plaintiff(s) THOMAS J. GALLAS Defendant(s) AND NOW, to-wit, this day of , 19_, after review and consideration the Plaintiff's Motion for Summary Judgment is granted. It is hereby ORDERED, ADJUDGED and DECREED that there being no genuine issue at material fact and the Plaintiff being entitled to Judgment as a matter of law, based upon the pleadings and admissions of record in the above-captioned case, Judgment is entered in favor of Plaintiff and against the Defendant in the amount of $20,989.75, with appropriate additional interest at the rate of 23.90% from April 9, 1999 to date of judgment ($ ) and attorneys' fees of $6,995.88 calculated at a rate of 33 1/3% and costs. BY THE COURT: 6 C ?l _ fL PROVIDIAN NATIONAL BANK COMPANY, PLAINTIFF V. THOMAS J. GALLAS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4314 CIVIL TERM AND NOW, this b day of December, 2000, IT IS ORDERED that the motion of plaintiff, Providian National Bank, for summary judgment against defendant, Thomas J. Gallas, IS GRANTED in the amount of $20,989.75, plus interest and attorney fees. Joel Hausman, Esquire For Plaintiff Thomas J. Gallas, Pro se 1402 Bradley Drive A312 Carlisle, PA 17013-1261 :saa Edgar B. Bayley, Za)? 12-7-OD -* Ks ro? } orv?e"/ F I IQc? in 0 ri cz 10 - -? 00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. 99-4314 IN CIVIL ACTION -vs- Plaintiff(s) THOMAS J. GALLAS Defendant(s) PRAECIPE FOR JUDGMENT ON ORDER CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 Fax (412) 682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. 99-4314 IN CIVIL ACTION -ss- Plainlif/(s) THOMAS J. GALLAS Defendant(s) TO THE PROTHONOTARY: Kindly enter judgment against Defendant(s), THOMAS J. GALLAS, on the Order dated December 6, 2000 granting Summary Judgment in amount of $20,989.75 plus interest, computed to be $8,342.59 and attorney's fees of $6,995.88, for a total judgment of $36,328.22, together with costs. I certify that the address of the Plaintiff and the Defendant are as follows: Plaintiff: Providian National Bank, c/o Apple and Apple, 4650 Baum Boulevard, Pittsburgh PA 15213 Defendant: Thomas J. Gallas, 1402 Bradley Drive A312, Carlisle, PA 17013-1261 By: APPLE AND APPLE, C. 0&9-Vv PROVIDIAN NATIONAL :IN THE COURT OF COMMON PLEAS OF BANK COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. THOMAS J. GALLAS, DEFENDANT 99-4314 CIVIL TERM IN RE: MOTION FOR SUMMARY JUDGMENT BEFORE BAYI EY_ J. AND HESS. J. ORDER OF COURT AND NOW, this b day of December, 2000, IT IS ORDERED that the motion of plaintiff, Providian National Bank, for summary judgment against defendant, Thomas J. Gallas, IS GRANTED in the amount of $20,989.75, plus interest and attorney fees. By Edgar B. Bayley, Joel Hausman, Esquire For Plaintiff Thomas J. Gallas, Pro se 1402 Bradley Drive A312 Carlisle, PA 17013-1261 :saa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK -us- Plaintiff(s) THOMAS J. GALLAS Defendant(s) NO. 99-4314 IN CIVIL ACTION C T I ATION OF SERVICE I hereby certify that I am this day serving a true and correct copy of the attached or foregoing document upon the person(s) and in the manner indicated below: Service by first class mail, postage prepaid and addressed as follows: Thomas J. Gallas 1402 Bradley Drive A312 Carlisle, PA 17013-1201 Dated: C91 O v K u Lo ' N