HomeMy WebLinkAbout01-04394
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIFTH THIRD BANK CASE NO: O (- N,39y et v ~ ~~~
Plaintiff,
v.
KIPP E. ZAHLER AND
DEBORAH J. ZAHLER
Defendants.
COMPLAINT IN CIVIL ACTION
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412)434-7955
WWR 02117451
:,~
,, .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIFTH THIRD BANK CASE NO:
Plaintiff,
v.
KIPP E. ZAHLER AND
DEBORAH J. ZAHLER
Defendants.
COMPLAINT IN CIVIL ACTION
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice
are served, by entering a written appearance personally or by an attorney and filing in writing
with the court your defenses or objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the court without further notice for any money claimed in the complaint or for
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:
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
COMPLAINT
1. Plaintiff is a corporation with offices in Cincinnati, Ohio 45263-0781.
2. Defendant, Kipp E. Zahler, is an adult individual residing at 583 Grahams Woods
Road, Carlisle, CUMBERLAND County, Pennsylvania 17013.
3. Defendant,Deborah J. Zahler, is an adult individual residing at 583 Grahams
Woods Road, Carlisle, CUMBERLAND County, Pennsylvania 17013.
4. Defendants applied for and received a credit card issued by Plaintiff bearing the
account number 4445-3022-4803-5235.
5. Through the retention and use of the aforesaid Visa account, Defendants became
bound by the terms and conditions of the Cardholder Agreement.
6. Defendants made use of said Visa credit card and has currently a balance due and
owing to Plaintiff, as of December 14, 2000, in the amount of $6,698.11, as shown by Plaintiff's
Statement of Account attached hereto, marked as Exhibit "1" and made a part hereof.
7. Defendants are in default of the terms of the Cardholder Agreement having not
made payment to Plaintiff as promised since December 14, 2000, thereby rendering the entire
balance immediately due and payable.
8. Plaintiff avers that the .written agreement between the parties provides that
Plaintiff is entitled to the addition of finance charges at the rate of 23.98 percent per annum on
the unpaid balance.
9. Plaintiff avers that finance charges calculated at the aforesaid rate from December
14, 2000 to June 7, 2001 amount to $770.09.
10. Plaintiff avers that the agreement between the parties provides that Defendants
will pay Plaintiff's attorneys' fees.
11. Plaintiff avers that such attorneys' fees will amount to $1,339.62.
12. Although repeatedly requested to do so by Plaintiff, Defendants have willfully
failed and/or refused to pay the principal balance, finance charges, attorneys' fees or any part
thereof to Plaintiff.
,.~.
WHEREFORE, Plaintiff demands judgment in its favor and against Defendants,
Kipp E. Zahler and Deborah J. Zahler, jointly and severally, in the amount of $8,807.82 with
continuing finance charges thereon at the rate of 23.98 percent per annum plus costs.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
SHALL BE USED FOR THAT PURPOSE.
WELTMAN, WEINBERG & REIS CO., L.P.A.
William T. Molczan, Es ire
PA I.D. #47437
Attorney for Plaintiff
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR 02117451
3:-645VM(4/9gl
FIFTH THIRD HANK -VISA, VISA GOLD, VISA
PLATINUM, MASTERCARD, Check Card, and
Secured Card
Account Terms and Conditions
Effective June 1, 1998
FEDERAL TRUTH IN LENDING
DISCLOSURE STATEMENT AND CARD AGREEMENT
This Card Agreement states the terms and conditions governing any plastic
credit and/or dahit card ("Card'1 issued by Fihh Third Hank or Filth Third
Bank, N.A. (•Bank'I under the laws of the United States and the State of
Ohio. The initial use, signing, or other acceptance of the Card by the
Cardholder ("Customer') or by any other person authorized or otherwise
permitted by Customer (the Customer and such persons herein collectively
referred to as "User') constitutes acceptance of the following terms and
conditions:
1. Customer assumes responsibility for all transactions arising from
the authorized use of the Card 6y any User whether such use is with a
mdney dispensing machine, banking terminal, electronic funds transfer
device, line of creditor any creditor debit program.
If any Customer has authorized another person to use the Card in any
manner, that authorization shall be deemed to include the authorization to
make withdrawals or transfers of funds from the Customer's individual or
joint accounts, and such authorization sh all be deemed to continue until the
Customer has taken all steps necessary to revoke it by preventing such use
by that person.
2. Each User agrees to pay Bank for all purchases made, services
rendered, and cash advances made 6y or to any User using the Card. This
liability shall he (o(nt and several.
3. The Card may be cancelled 6y Bank at any time without notice, and
will be surrendered upon request of Bank or Bank's Agent.
4. Except as may be prohibited by law or regulation, Customer
hereby waives as against Bank art Claims, defenses, rights and offsets of
Customer or User now or hereaher existing against any merchant for
merchandise or for services acquired by use of the Card.
5. Bank may, from time to time, limit the type, number and dollar
amounts of any checks, drafts, withdrawals, or transfers made by Users by.
use of the Card, notwithstanding the amount in Customer's accounts and
to terminate or suspend the operation of any or all electronic funds transfer
devices or merchants, without notice unless required by law or regulation.
6. Ali transactions arising from the authorized use of the Card shall
6e subject to and controlled by the terms of all applicable account a greements
and other contractual relationships with Bank and all applicable rules and
regulations of Bank, as amended from time to time.
7. Bank reserves the right to institute a standard charge or charges
for the insurance, reissuance, or use of the Card or for the rains[ateme
of any Card privileges which have been suspended, as well as an annr
tee and per item fee for each transaction and FINANCE CHARGES t
credit extended and Customer agrees to pay such eharg es, tees, a
FINANCE CHARGES. User need not accept the card or pay any fee unle
consumer uses the card.
8. Bank reserves the right to amend and modify this Agreeme
Any amendment or modification shall become ef(ec[ive on the dr
specified therein. Where permitted bylaw, future changes may apply
existing balances as well as t' new balances.
9. Customer may surrender the Card (only by surrendering al[ Car
issued an the account) and terminate this Agreement. However, t!
Agreement shall remain in effect for purchases made, services render
and Cash Advances made 6y or to any User using the Card.
t0. Use of this Card after notice of (ts revocation is fraudu{ent a
will subject Customer ar any User to legal proceedings.
17. All Electronic Banking disclosures set forth by Bank
incorporated herein by reference as thdugh rewritten in this Cr
Agraemant and Customer agrees to all such electronic banking terms z
conditions.
12. Customer agrees to promptly notify Bank in the event the Ct
is lost or stolen, or Customer suspects any other unauthorized use of t
Card.1N NO EVENT SHALLCUSTOMER WRITE CUSTOMER'S PASSWO
ON 7HE CARD OR KEEP ANY WRITTEN RECORD OF IT ON ANY MATERI
WHICH IS KEPT WITH THE CARD.
t3. User shall not use the Card for the purpose of verifying chr
.cashing history, verifying the funds available in account, or for any o[!
purpose which aids the negotiation of a check if User knows that the chr
wilt be dishonored when presented for payment.
Customer agrees that if any check, drawn or endorsed by Customer z
verified by use at the Card, is purchased by Bank, or is duly endorsed
assigned to Bank by the payee or endorsee thereof, and is thereof
dishonored, Customer will pay the amount of the check to Bank
demand. if Customer refuses to pay theamount of the cheek to Bank uT
demand, Bank may deduct the amount from any accoun [ of Customer v.
Bank, including charging the line al credit account as a Cash Adva nc
ld, The following additional conditions apply to credit transactic
only:
a) User will not incur credit in excess of Customer's credit limit
communicated to Customer Irom time to time.
61 Customer and User agree to pay Bank for ail purchases ma
services rendered, and Cash Advances, together with any FINAN
CHARGES and other lees and charges attributable thereto in aeeorda~
with the payment schedule set forth in the monthly statement for
accoun[: and User agrees to pay all costs of collection including attori
fees incurred 6y Bank under this Agreement.
el Bank can accept late payments or partial payments, or eheeke
money orders marked "payment in foil' or language to the same eff~
without losing any rights under this Agreement.
di All o6liga[ions shall become immediately due without noticr
Bank's option in the event ot: -
il death, legal incompetence, insolvencyorbankruptcyof Custort
ill falsity of any information given by Debtor in conjunction v
any credit application andtor financial statemenC
iii) institution of garnishment or attachment Droceedings aga~.
Customer or User;
iv) nonpayment, when the same shall be due, of any payments
this acccunt:
vl the breach of any other reDresentatfon, wawa nN or term eontal.
herein, including without limitation exceeding the credit limit on
account:
vi1 an event aF delauh shall occur under any other indehtednes
Bank or any other Lender of Customer or User;
viii the reasonable determination by Bank that [here has bee
materially adverse change in the financial condition of User;
el Customer and Vser acknowledge receipt of Federal 7rut'
lending Finance Charge and Fee Disclosure. -
EXHIBIT" 1
11 Transfers of cash from the line of credit account for wire
transfers, overdrah protection, bill payment and other reasons shall be
posted as Cash Advances.
gt Upon request of Bank, Customer and User agree to provide
information on Customer and\or User's financial condition hycomplesing
a Personal Financial Statement. - .
55. Foreign Currency Transactions. Transactions on Your Card
made in a fo reign cu «ency are converted into U.S. dollar amounts by Visa
or MasterCard International using the current currency conversion
procedure and rate as disclosed by Visa International to members that
issue lheireards. Curcentiy, the currency conversion is eitherawhoiesale
market rate or agovernment-mandated rate in.effect the day prior [o the
transaction processing date, increased by one percent. Tne currency
conversion rate used on the processing date may ditler tram the rate in
effect on the transaction date or the periodic stateme~tt posting dace.
56. If Customer uses the Card for Jeanie• or other bank approved
Telephone 9anking or Point of Sa(e Service ('Service's, and Bank approves
such use of the Card. Customer agrees to the transfer of money in
Customer's accounts with Bank or accounts over which Customer has the
authority to withdraw or transfer funds to the accounts of designated
merchants. Such transfershall be made upon theinstructions of Customer
by use of a telephone, or by other means acceptable to Bank. Customer
agrees to allow a reasonable period of time (at lease five (6) haziness daysl
for merchant to receive the payment. Customer agrees that Bank shall not
be responsible to r any delays caused by mail service or others. In no rase
sha118ank be liable (or any interest or late payment charges assessed by
merchant or termination of service caused by a delay in the merchant's
receiving the payment.
Customer authorizes the disclosure to merchant of the information relating
to Customer's accounts as is leasonahly necessary to operate the Service,
Customer agrees to notify Bank of any change in Customer's aCdress ar
account with merchantintluding change of account number. Arse of up
to 52.00 per transaction may be charged by Bank when Customer uses the
Card for the Services as described above.
57. The laws of the United States and the laws of Ohio govern this
Agreement regardless of the Customer or User place o! residence. Ail
credi[granted under this account is extended from the state o! Olio.
18. All convenience checks presented to Bank for nayment shall he
charged as a cash advance against the Customer's available tiny of credit.
Bank reserves the sight to return any convenience check written against
an account which is nalin good standing or does not have sufficien;credit
available. Customer agrees [hat stop payment orders may no: be issued
on any convenience check.
I9. The following additional terms and conditions apolY to eeatly
Reserve transactions: A fee of up to 54.00 per transaction may be cha:getl
by hank if user overdraws user's Checking account.
Ii any user overdraws User`s checking account on env day, User agrees
that Bank may Charge the credit Lard account for a cash advance in an
amount su Hlcient to toyer fh ac day's overdraft together with any
applicable service charges and finance charges.
20. The fallowing additional terms and con Ci;ions zpply to
CheckCard transactions:
a1 Use of the CheckCard authorises Bank to directly debit or credit
User's checking account t'account'1 for the amount o: the :ransaceion
shown on the drab, and to handle said debit drafts in the soma r..anner as
it handles User's checks on the account.
bl User agrees to pay for CheckCard transaction fees as era in efface
for the account. The credit card annual fee will be .valved, but fie: k
reserves the right ro impose an annupi tee upon notificadon to Customer.
c11E use of the CheckCard by any Usec creates an overdraft v+ith
User's account on any day, User agrees that Bank may charge tea credit
card account for a cash advance in an amount sufficient to eovertha; day's
overdraF, tog etherwith any applicable servicecharges an; Financechar gas.
d1 In consideration of the use of the CheckCard, Customer agrees
that any sales drafts or withdrawal vouchers originated by use ct the
CheckCard shall not ba deemed to he items on which stop payment ore
maybe issued.
e) This Card Agreement as it relates to use of the CheckCard s
act as a contractual modificaiion of the Uniform Commercial Code of
applicable statelsl, to the extent permitted by such code.
fl If Customer has Ready Reserve privileges o: any other Rank'
of credit arrangement, the terms and conditions of such Ready Reserv
other arrangement will be eontrolling.with respect to overdrafts
Customer's account regardless of whether they result from the usr
cheeks. Ready Reserve drafts, Cash Advanges or b`te CheckCard.
2l. If you believe information we report abou;the credit histor}
your account(sl is incomplete, inaccurate or outdat_d, you must pro•.
us with clear written daeumentation including the name on the acco.
the account number and the nature of [he disputed information. pee
write us a[:
Fihh Third Bank
38 Fountain Square 2iata
Post Office Boz 63909)
Cincinnati, OH 49263.9090
- FEDERAL TRUTH INLENDING
FINANCE CHARGE AND FEE DISCLOSURE
NOTE: Only one of the loilowing lout numbered Cisclosures is
applicable to your account. Please review the dise;osure appropria;
to the account type you have selected. Unnumbered disclosures art
applicable to all accounts.
111 FIXED RATE• - -
FINANCE CHARGE:
PURCHASE OF GOODS OR SERVICES. No FINA\CE CHARGE wit
imposed ft the New balance shown on your billings;atem ens is pa id in
within 29 days of the Billing Date {provided you ha.•e paid your prev~
balance in full by the due date). If not Oaid in lull, a FINANCE CHAP
will be imposed from the Billing Date on the Average Daily 8alanc
Purchase at a periodic rate per month and an A1tiUAL PERCENTi
RATE as disclosed with delivery of your card until paid. However, i(
FINANCE CHARGE so computed is less than S1.C0, a minimum FINA;
CHARGE of 51.00 may be imposed. CASH ADVANCES. A FINAL
CHARGE will he imposed tram the date pf posting of each cash adva
on the Average Daily Balance of Cash Advances a; a periodic rate
month and an ANNUAL PERCENTAGE RATE as Cisclosed with deli
of your card, until payment in full is entered to your account.
f21FIFTH THIRD SELECT• VARI.48LE HATE
FINANCE CHARGE:
THE AN NUAL PERCENTAG E RATE will vary Ilncrea se o r decre asel an
determined quarterly by adding 6.9% to the highest Prime Ratc
published in The Wall Street Journal on the third Friday of March, J~
September and December and be effective beginning with the FINA!
CHARGE calculation on the following calendar month's statement.
monthly periodic rate will be determined by Ei•: iding the ANN{
PERCENTAGE RATE by twelve 1521. Your initial mor.;hty periodic rate
ANNUAL PERCENTAGE RATE are as disclosed will delivery of yours
If the FINANCE CHARGE so computed is less than 57.00, a minis
FINANCE CHARGE of 51,00 may he Charged.
An Increase or decrease in the interest rate index will result in an incr~
or decrease in your monthly periodic rate, the A:r NUAL PERCENT,
RATE and may result in an increase in your required minimum pays.
or in a smaller part of your payment being applied to reduce princif
PURCHASE OF GOODS OR SERVICES. No FINA\CE CHARGE wit
imposed it the New Balance shown on your billing statement is paid it
vrithin 25 days of the Billing Date iprovided you hay: paid your prey
balance in full by the duo datel. If not paid in full, a FINANCE CHA'
will be imposed Isom the Billing Date oa the A•+era ge Daily 8alanc
Purchases at the ANNUAL PERCENTAGE RATE until paid.
(31 FIFTH THIRD SELECT° FIXED RATE
®1998 Fifth Third Bank • Fized Ra[e includes CheckCard and Student Visa S `fasterCard accow
VERIFICATION
The undersigned does hereby verify subject to the penalt~ie~ps,of 18 PA.C.S. §4904
I-~`t+~-~ ~1 ~~I~~ l~J
relating unsworn falsifications to authorities, that he/she is~I,~ (Name)
C,p(,1 C,-c1 ~ V'~__(~ __ of ~ ~ ~ K1~ ~t~a~1~ ,plaintiff herein,
(Title) CJ (Company)
that he/she is duly authorized to make this Verification, and that the facts set forth in the
foregoing complaint are true and correct to the best of hislher knowledge, information and
belief.
(Signature)
~~~pp d peEb~ ~ ~~~~-
~~~1~~5~
.~~
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-04394 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIFTH THIRD BANK
VS
ZAHLER KIPP E ET AL
J. MICHAEL ICKES Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
ZAHLER KIPP E the
DEFENDANT at 1424:00 HOURS, on the 27th day of July 2001
at 583 GRAHAMS WOODS ROAD
CARLISLE, PA 17013 by handing to
KEITH GOODYEAR, ADULT RESIDING AT RESIDENCE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 6.50
Affidavit .00
Surcharge 10.00
.00
34.50
Sworn and Subscribed to before
me this ~ day of
Prothonotary
So Answers:
~~ ~'~
R. Thomas Kline
08/02/2001
WELTMAN WEIMBERG & REIS
By: ~
Deputy Sheriff
' SHERIFF'S RETURN - NOT FOUND
CASE NO: 2001-04394 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FIFTH THIRD BANK
VS
ZAHLER KIPP E ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
ZAHLER DEBORAH J but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT & NOTICE ,
NOT FOUND as to
the within named DEFENDANT ZAHLER DEBORAH J
MOVED, LEFT NO FORWARDING
Sheriff's Costs: So answe s:
Docketing 6.00
Service .00 a
Affidavit .00 R. 'Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
16.00 WELTMAN WEINBERG & REIS
00/00/0000
Sworn and subscribed to before me
this G ~ day of
o?.~uF~ A.D.
Pr notary ~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIFTH THIRD BANK CASE NO: ~ l - 't/.3 9 y L: ~ v ~ ~ ~~
Plaintiff,
v.
KIPP E. ZAHLER AND
DEBORAH J. ZAHLER
Defendants.
COMPLAINT IN CIVIL ACTION
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR 02117451
~' ~P~ R®
!~ T tar.1 ;°~ ~~ ~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIFTH THIRD BANK CASE NO:
Plaintiff,
v.
KIPP E. ZAHLER AND
DEBORAH J. ZAHLER
Defendants.
COMPLAINT IN CIVIL ACTION
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice
are served, by entering a written appearance personally or by an attorney and filing in writing
with the court your defenses or objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the court without further notice for any money claimed in the complaint or for
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:
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
COMPLAINT
1. Plaintiff is a corporation with offices in Cincinnati, Ohio 45263-0781.
2. Defendant, Kipp E. Zahler, is an adult individual residing at 583 Grahams Woods
Road, Carlisle, CUMBERLAND County, Pennsylvania 17013.
3. Defendant,Deborah J. Zahler, is an adult individual residing at 583 Grahams
Woods Road, Carlisle, CUMBERLAND County, Pennsylvania 17013.
4. Defendants applied for and received a credit card issued by Plaintiff bearing the
account number4445-3022-4803-5235.
5. Through the retention and use of the aforesaid Visa account, Defendants became
bound by the terms and conditions of the Cardholder Agreement.
6. Defendants made use of said Visa credit card and has currently a balance due and
owing to Plaintiff, as of December 14, 2000, in the amount of $6,698.11, as shown by Plaintiff's
Statement of Account attached hereto, marked as Exhibit "1" and made a part hereof.
7. Defendants are in default of the terms of the Cardholder- Agreement having not
made payment to Plaintiff as promised since December 14, 2000, thereby rendering the entire
balance immediately due and payable.
8. Plaintiff avers that the written agreement between the parties provides that
Plaintiff is entitled to the addition of finance charges at the rate of 23.98 percent per annum on
the unpaid balance.
9. Plaintiff avers that finance charges calculated at the aforesaid rate from December
14, 2000 to June 7, 2001 amount to $770.09.
10. Plaintiff avers that the agreement between the parties provides that Defendants
will pay Plaintiff's attorneys' fees.
11. Plaintiff avers that such attorneys' fees will amount to $1,339.62.
12. Although repeatedly requested to do so by Plaintiff, Defendants have willfully
failed and/or refused to pay the principal balance, finance charges, attorneys' fees or any part
thereof to Plaintiff.
WHEREFORE, Plaintiff demands judgment in its favor and against Defendants,
Kipp E. Zahler and Deborah J. Zahler, jointly and severally, in the amount of $8,807.82 with
continuing finance charges thereon at the rate of 23.98 percent per annum plus costs.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
SHALL BE USED FOR THAT PURPOSE.
WELTMAN, WEINBERG & REIS CO., L.P.A.
-~~
William T. Molczan, Es 're
PA I.D. #47437
Attorney for Plaintiff
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR 02117451
4.445VMI4(981
FIFTH THIRD BANK -VISA, VISA GOLD, VISA
PLATINUM, MASTERCARD, Check Card, and
Secured Card
Account Terms and Conditions
Effective June 1, 1998
FEDERAL TRUTH iN LENDING
DISCLOSURE STATEMENT AND CARD AGREEMENT
This Card Agreement states the terms and conditions governing any plastic
credit and/or debit card t'Card'! issued-by Fifth Third Bank or Fihh Third
Bank, N.A. f'Bank'lunder the laws of the United States and tha State of
Ohio. The initial use, signing, or ocher acceptance of the Card by the
Cardholder ('Customer') or by any ocher person authorized or otherwise
p ermined by Customer Ithe Customer and such persons herein collectively
referred to as 'User'1 constitutes acceptance of the toilawin9 terms and
Conditions:
1. Customer assumes responsibility for all transactions arising tram
the authorized use of the Card by any User whether such use is with a
money dispensing machine, banking terminal, electronic •funds transfer
device, line of credit or any creditor debit program.
It any Customer has authorized another person to use the Card in any
manner, that authorization shall he deemed Io include the authorization to
make withdrawals or transfers of funds from the Customer's individual or
joint accounts, and~~such authorization shall be deemed td continue until the
Custamerhas taken all steps necessary to revoke itby preventing such use
by that person.
2. Each User agrees to pay Bank for alt purchases made, services
rendered, and cash advances made by or to any User using the Card. This
liabitiry shall be joint and several.
3.71te Card hxay be cancelled by Bank at any time without entice, and
will be surrendered upon request of Bank or Bank's Agent-
4, Except as may be prohibited 6y law or regulation, Customer
-heraby waives as,against Bank all Claims, defenses, rights and offsets aF
Customer or User now or heteaher existing against any merchant for
merchandise or Idr services acquired 6y use of the Card.
5. Bank may, (ram time to time, limit the type, number and dollar
amounts of any checks, drabs, withdrawals, or transfers made 6y Users by,
use o[ the Card, notwithstanding the amount in Customer's accounts and
to terminate or susp end the operation of any or all electronic funds transfer
d evicts or merchants, without notice unlefs required by law or regulation.
6. All transactions arising from the authorised use of the Card shall
be svbjectto and controlled by the terms of alt applicable accountagreements
and other contractual relationships with Bank and all applicable rules and
regulations of Bank, as amended from time to time.
7. Bank reserves the right to institute a standard charge or charges
roc the insurance, reissuance, or use of the Card or for the reinstatemz
of any Card privileges which have been suspended, as well as an cent
fee and per item fee tar each transaction and FINANCE CHARGES t
credit extended and Customer agrees to pay such charges, fees, a
FINANCE CHARG ES, User need not accept the card or p ay any tee ante
consumer uses the card.
8. Bankreserves the right to amend and modify this Agreeme
Any amendment of modification shalt become effective on the d;
specified therein. Where permitted by law, future changes may apply
existing balances as well as t' new balances.
9. Cus[omermaysurrender the Card lonlyhysurrendering aII Car
issued on the accovntl and terminate this Agreement. However, t`
Agreement shall remain in ef[ect (or purchases made, services render
and Cash Advances made by or to any User using the Card.
70. Uze of this Card after notice of its revocation is fraudulent a
wilt subject Customer or any User to legal proceedings.
71. All Electronic Banking disclosures sec forth by Bank
incorporated herein by reference as though rewritten in this C:
Agreement and Customer agrees to alt such electronic banking terms z
conditions.
72. Customer agrees to promptly notify Bank in the event the Ca
is lost or stolen, ar Customer suspects any other unauthorized use of t
Card. IN NO EVENT SHALL CUSTOMER WRITE CUSTOMER'S PASSWO
ON THE CARD OR KEEP ANY WRITTEN RECORD OF R ON ANY MATERt
WHICH IS KEPT WITH THE CARD.
73. User shall not use the Card for the purpose of verifying chr
.cashing histo ry, verifying the lands available in account. or for any ot`
pu rpoze which aids the negotiation of a check if User knows that tha chz
will be dishonored when presented for payment.
Customer agrees that it any check, drawn or endorsed by Customer a
verified by use of the Card, is purchased by Bank, or is duty endorsed
assigned to Bank by the payee or endorsee thereof, and is thereat
dishonored, Customer will pay the amount of the check to Bank
demand. ll Customer refuses to pay theamount of the rheck le flank ut
demand, Bank may deduct the amount from any account of Customer v.
Bank, including charging the line of credit account as a Cash Advanc
74, The following additional conditions apply to credit transactic
only:
al User will not incur credit in excess of Customer's credit limit
communicated to Customer from time to time.
h1 Customer and User agree to pay Bank for ail purchases ma
services rendered, and Cash Advances, together with any FINAL
CHARGES and other lees and charges attributable thereto in atcorda~
with the payment schedule set forth in the monthly statement for
account: and User agrees to pay all costs of eoilection including anon
fees incurred by Bank under this Agreement.
cf Bank can accept late payments or partial payments, ar check:
money orders marked 'paymeht in lull' or language to the same etf~
without losing any rights under this Agreement.
dl All obligations shall become immediately due without notice
Bank's notion in the event of: '-
i) death, legal incompetence,insolvencyorbankruptcyol Custon
ill falsity of any information given by Debtor in tonjunctian v
any credit application andtnr financial statement:
till institution of garnishment or attachment proceedings aga°
Customer or User:
ivl nonpayment, when the same shall be due, of any Dayments
this account
vl thehreachol anyother representatian.warrartry orterm contai
herein, including v,ithout limitation exceeding the credit limit on
account:
vil an event of default shall occur under any other indehtednes
Bank ar any other lender of Customer or User,
viil the reasonable determination by Bank that there has bee
materially adverse change in the financial condition of User;
el Customer and User acknowledge receipt of Fed_ral TruL'
lending Finance Charge and Fee Disclosure.
EXH1B1`~ ~
11 Transfers of Dash from the line of credit account for wire
transfers, overdrah protection, bill payment and other reasons shall he
posted as Cash Advances.
gl Upon request of Bank, Customer and User agree to provide
information on Customer andbr User's financial condition hyeomple;ing
a Personal Financial Statement. •
19. Foreign Currency Transactions. Transactions on your Card
made in a foreig n currency are converted into U.S. dollar amounts by Visa
or MasterCard International using the current currency conversion
procedure and rate as disclosed by Visa International to members that
izsuetheireards. Currently, the currency conversion is eithera wholesale
market rate or agovernment-mandated rate in.eftact the day prior to the
transaction processing date, increased by one percent. The currency
conversion rate used on the processing date may differ from the rate in
effect an the transaction date or the periodic statement posting date.
i6, If Customer uses the Card for Jeanie• or other Bank approved
Telephone Banking or Polnt of Sala Service ('Service•1, and Bank approves
such use of the Card, Customer agrees to the transfer of money in
Customer's accounts with Bank or accounts over which Customer has the
authority to withdraw oc transfer funds to the accounts of designated
merchants. Such trans ter shall be made upon the instructions of Customer
by use of a telephone, oc by other means acceptable to Bank Customer
agrees toallow a reasonable peeled of time (atleast live l51 businessdaysl
for merchant to receive the payment. Customer ag rees that Bank shalt not
be responsible for any delays caused by mail service or others. In no ease
shall8ank be liable fpr any Interest or late payment charges assessed by
merchant oc termination of service Caused by a delay in the merchant's
receiving the payment.
Customer authorizes the disclosure to merchant o1 the information relating
to Customer's a eeounts as is reasonably necesza ry to op crate the Service.
Customer agrees to potify Bank of any change in Customer's address ar
account with merchant including change of account number, Alee clop
to 52.00 per transaction may he eharg ed by 8 a nk when Customer uses the
Card for the Services as described above.
17. The laws Of the Vnited States and the laws o[ Ohio go•:ern this
Agreement regardless of the Customer or User place o: rezidznee. All
credit granted under this account is extended from the state of Obio.
I8. All convenience cheeks presented to Bank for nayment shalt be
charged as a cash advance against the Customer's avatlabte fns otvedit.
Bank reserves the right to return any convenience check .•.rit:en against
an account which is noon good standing or d Des not have sulfidzn;credit
available. Customer agrees that stop payment orders may no: he issued
on any convenience cheek.
19. The following additional terms and conditions app1Y to Ready
Reserve lransaetions: A fee of up to 54,00 per transaction ma•r bz charged
by hank if user overdraws user's checking account.
If any user overdraws User's checking account on any tlay, Uzer agrees
that Bank may ehafge the credit card account for a cash advance in an
amount sufficient to cover that day's overdraft together with cry
applicable service charges and finance charges.
20. The following additional terms and condi;ions zpply to
CheckCard transactions:
a1 Use of the CheckCard authorizes Bank to directly debit or crzdit
User's checking aGCOUrit ('account'1 for the amount o' the :ransauion
shown on the drab. and to handle said debit drafts in the same r..a: nzr as
it handles Vser's checks on [he acwunt.
hl User agrees to pay for CheckCard transaction lees as a: a in effect
for the account. The credit card annual lee will bz waived. but Ba: k
reserves the right to impose an annual lee upon notiticztien to Cus;ame:.
el If use of the CheckCard by any User creates an overd:xt: with
User's account on any day, User agrees [hat Bank may chxrge the credit
card account for a cash advance in an amount sufficient to cover the:day's
averdrah tog a the rwith any appiica6ie se rvice charges a nd tinancz charges.
dl In consideration of the use of the CheckCard. Customer agrees
that any sales drafts or withdrawal vouchers originated by use of the
0[998 Firth Third Bank
CheckCard shall not be deemed to be items on which stop payment ore
maybe issued.
el This Card Agreement as it relates to use of the CheckCard s
act as a contractual modilicaiion of the Uniform Commercial Code of
applicable statetsl, to the extent permitted by such rode,
4 If Customer has Ready Reserve privileges o: any other Bank'
of credit acrangemenL the terms and conditions o f such Ready Res erv
other arrangement will he controlling ,with respect to overdrafts
Customer's ateount regardless pf whether they result from the usr
checks, Ready Reserve drabs, Cash Advances or b1e CheckCard,
21. It you h elieve information we repott about th a credit history
your acceunltsl is inedmptete, inaccurate or outdated, you must pro•.
us with clear written documentation including the name on the aeeo.
the account number and the nature of the disputed information, Ple
write us at:
Fihh Third Bank
38 Fountain Square Plaza
Post Office Boz 639050
Cincinnati, OH 45203.9090
FEDERAL TRUTH IN LENDING
FINANCE CHARGE AND FEE DISCLOSURE
NOTE: Only one of the following lour numbered disclosures is
applicable to your ateount. Please review the dise:osure apprapriat
to the ateount type you have selected. Unnumbered disclosures ar.
applicable to all accounts.
Ill FIXED RATE• -
FINANCE CHARGE:
PURCHASE OF GOODS OR SERVICES. No Flr`fA`CE CHARGE wit
imposed if the New Balance shown on your billings;atement is paid ir.
within 25 days of the Billing Date (provided you have paid your prev:
balance in full by the due datel. If not paid in IuiL a FINANCE CHAt
will be imposed Irom the Billing Date on the Average Daily 8alanc
Purchase al a periodic rate per month and an Ati~UAL PERCENTF
RATE as disclosed with delivery of your card until paid. However, if
FINANCE CHARGE so computed is less than S1.C0, a minimum FINA:
CHARGE of St-00 may be imposed- CASH AOVA\CES. A FINAL
CHARGEwiII be imposed from the date of posting of each cash advz
on the Average Deity Balance of Cash Advances a; a periodic rate
month and an ANNUAL PERCENTAGE RATE as disclosed wr.;h deli
of your Lard, unlit paymeht in full is entered to yeu: ateount.
121FIFTN THIRD SELECT• VARI.48LE RATE
FINANCE CHARGE:
7HEANNUALPERCENTAGE RATEwillvary [increase ordecrease) an
determined quarterly by adding 6.9y. to the highest Prirne Rate
published fn The Watl Street Jovrnaf on the third Friday of !.larch, J~
September and December and be eHeetive beginning with the FINA!
CHARGE calculation an the following calendar month's statement.
monthly periodic rate will he determined 6y di•: iding the ANNi
PERCENTAGE RATE by twelve 112)-Your initial mcr,:hly periodic rate
ANNUAL PERCENTAGE RATE are as disclosed with delivery of yours
If the FINANCE CHARGE so computed is Tess than 51.00, a minis
FINANCE CHARGE of 51.00 may 6e charged.
An increase or decrease in th a interest rate index will result in an inert
oc decrease in your monthly periodic rate, the AN?IUAL PERCENT,
RATE and may result in an increase in your required minimum payr.
ar in a smaller part of your payment being applied to reduce princi;
PURCHASE OF GOODS OR SERVICES. No FINANCE CHARGE wit
imposed if [he New 8 glance shown on your billing statement is p aid it
vrilhin 25 days of the Billing Oate (provided you ha•:e paid your prev
balance in lull by the duo date!. It not paid in full, a FINANC'e CHA'
will be imposed Irom the Billing Date oo the Average Daily Balanc
Purchases at the ANNUAL PERCENTAGE RATE until paid.
(31 FIFTH THIRD SELECT• FIXED RATE
• Fixed Rate includes CheckCard and Student Visa & f.!asterCa:d'accou,
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904
N,p `- ` l
relating unsworn falsifications to authorities, that he/she is l~~ ~U~~
,~" (Name)
~(~(~~ ~-of f~11''fl~t ~j~~j~t{lC. ,plaintiff herein,
(Title) (Company)
that he/she is duly authorized to make this Verification, and that the facts set forth in the
foregoing complaint are true and correct to the best of his(her knowledge, information and
belief.
(Signature)
K'iPPd Defx,rah ZQ~P~r
~a ii~~s~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIFTH THIRD BANK
Plaintiff
vs.
KIPP E. ZAHLER and
DEBORAH J.ZAHLER
Defendants
No. 01-4394
PRAECIPE FOR DEFAULT JUDGMENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412)434-7955
W W R#02117451
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIFTH THIRD BANK
Plaintiff
vs.
KIPP E. ZAHLER and
DEBORAH J. ZAHLER
Defendants
Civil Action No. 01-4394
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Judgment against the Defendant, Kipp E. Zahler, above named, in the default of an
Answer, in the amount of $9,282.32 computed as follows:
Amount claimed in Complaint
$8,807.82
Interest from 6/8!01 to 8/29/01
at the contract interest rate of 23.98% per annum $474.50
TOTAL
$9,282.32
I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance
with PA R.C.P. 237.1 on the dates indicated on the Notices.
WELTMAN, WEINBERG &REIS CO., L.P.A.
~~
By: ~~
William . Molczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG &REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412)434-7955
WWR#02117451
Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2601 Koppers Building, 436 7'h Avenue, Pittsburgh,
PA 15219
And that the last known address of the Defendant is: 583 Grahams Woods Road, Carlisle, PA 17013
-:~ ,
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating
to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according
to the Praecipe attached are not members of the Armed Forces of the United States or any other military
or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned
further states that the information is true and correct to the best of the undersigned's knowledge and
belief and upon information received from others.
WELTMAN, WEINBERG &REIS CO., L.P.A.
8y: ~i~~"' U _
William . Molczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG &REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412)434-7955
WWR#02117451
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIFTH THIRD BANK
Plaintiff
vs.
Civil Action No. 01-4394
KIPP E. ZAHLER and
DEBORAH J. ZAHLER
Defendants
IMPORTANT NOTICE
TO: Kipp E. Zahler
583 Grahams Woods Road
Carlisle, PA 17013
Date of Notice: ~~ ~~~ ~~~
~~
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN
THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY
BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP:
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
WELTMAN, WEINBERG &REIS ., L.P.A.
_ /~
By:
Willi T. Molczan
PA I.D. #47437
WELTMAN, WEINBERG &REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412)434-7955
r
W W R #02117451
=~nm
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIFTH THIRD BANK
Plaintiff
No. 01-4394
vs. PRAECIPE TO SETTLE, DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
AS TO DEBORAH J. ZAHLER ONLY
KIPp E. ZAHLER and
DEBORAH J. ZAHLER
Defendants FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY;
William T. Molczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
W W R#02117451
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIFTH THIRD BANK
Plaintiff
vs.
KIPP E. ZAHLER and
DEBORAH J. ZAHLER
Defendants
Civil Action No. 01-4394
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
sIR:
Settle, Discontinue and End the above-captioned matter upon the records of the Court without
prejudice to refile and mark the costs paid as to Deborah J. Mahler only.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
__~-"~
Notarial Seal public
Wendt' L ugh gNeg1 enY C•out~Y
p~j OI P'~bu etas July 15, 2C~
NN C~my Assoda6°n Of Nota~fes
~,
SWORN TO AND SUBSCRIBED
before me this l_1/ day
of ~~~29'1(~P~v , 2002
NOTARY P I
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
W W R#02117451