HomeMy WebLinkAbout99-06727
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IN THE COURT OF CO!4NON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MEMBERS HERITAGE FCU FKA IBM
LEXINGTON EMPLOYEES FEDERAL CREDIT
UNION,
CIVIL DIVISION
NO. 99-6727
ISSUE NUMBER:
Plaintiff,
vs
TYPE OF PLEADING: PRAECIPE TO
DISCONTINUE WITHOUT PREJUDICE
CODE -
MICHELLE D. RISBON,
Defendant.
FILED ON BEHALF OF: Plaintiff,
MEMBERS HERITAGE FCU FKA IBM CREDIT
COUNSEL OF RECORD FOR THIS PARTY:
Donald S. Mazzotta, ESQUIRE
Pa. I.D. #11461
LAN OFFICES OF DONALD S. MAZZOTTA.,
P. C.
Firm #742
938 Penn Avenue
Pittsburgh, PA 15222
(412) 471-0300
1 *1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MEMBERS HERITAGE FCU FKA IBM LEXINGTON )
EMPLOYEES FEDERAL CREDIT UNION )
1
Plaintiff,
VS. No. 99-6727
MICHELLE D. RISBON,
Defendant.
PRAECIPE TO DISCONTINUE PIITHOUT PREJUDICE
TO: PROTHONOTARY
SIR:
Please Discontinue `:rithout Prejudice the action regarding this matter and
mark the docket accordingly.
LAW OFFICES/OF DONALD S. MAZZOTTA, P.C.
Bv:
Sworn to and subscribed before me
this > day of 2000.
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IN THE COURT OP COMMON PLEAS 017 CUMBERLAND COUNTY
MEi\IBER'S HERITAGE FCU FiKiA IBM ) CIVIL DIVISION
LEXINGTON EMPLOYEES FEDERAL
CREDIT UNION
,
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NO. L - 027
rlaintin;
TYPE OF PLEADING: CIVIL
:ACTION - COMPLAINT
CODE - 011 - ASSUMPSIT
vs. )
FILED ON BEHALF OF: Plaintiff
MENIBER'S HERITAGE FCU FWA IBIVI
LEXINGTON EMPLOYEES FEDERAL
CREDIT UMON
MICHELLE D. RISBON, )
COUNSEL OF RECORD FOR
PLAINTIFF:
Donald S. Mazzotta, Esquire
Defendant. ) Pa. I.D. = 11461
Law Offices of Donald S. Mazzotta. P.C.
Firm -4742
938 Penn Avenue
Pittsburgh, PA 15223
13.471.0300
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NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims
set forth in the following pages, you must Lake action within twenty
(20) days after this complaint and notice are served, 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 SHOULD NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
9th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717)290-6200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
MENIBER'S HERITAGE FCU F/K/A 1131M )
LEXINGTON EMPLOYEES FEDERAL )
CREDIT UNION, )
Plaintiff, )
vs. ) NO. ? ".
MICHELLE D. RISBON, )
Defendant. )
CONIPI HINT - CIVIL ACTION
AND NOW, COMES the Plaintiff, MEMBER'S HERITAGE FCU F/K/A 1I3M
LEXINGTON EMPLOYEES FEDERAL CREDIT UNION, by its attorneys, Law Offices of
Donald S. Mazzotta, P.C. and Donald S. Mazzotta, Esquire, and respectfully presents its
complaint in civil action whereof the following is a statement:
1. MEMBER'S HERITAGE FCU F/K/A IBN1 LEXINGTON EMPLOYEES FEDERAL
CREDIT UNION is a company doing business in Pennsylvania, with offices at 440 Park Place,
Lexington, Kentucky 40511, and is hereinafter referred to as "PLAINTIFF".
2. MICHELLE D. RISBON is an individual residing al 130 Frytown Road, Carlisle,
Cumberland County, Pennsylvania 17013, and is hereinafter rcfCITCd to as "DEFENDANT".
3. DEFENDANT signed a written agreement with PLAINTIFF and received and used a
charge card account from PLAINTIFF, whereby DEFENDANT agreed to be bound by the teens
and conditions of the agreement.
4. DEFENDANT received monthly statements which accurately stated all purchases and
payments made during the month, interest charges imposed on the unpaid balance, and the
amount due.
5. DEFENDANT defaulted by f tiling to stake payments when and as dluc, and
PLAINTIFF incurred it loss in the amount of S4,S43 20. Attached hereto. matte a part hereof and
marked "Exhibit A" is a copy of the statentcnf tahich evidences the debt of DEPENDANT.
6. PLAINTIFF is entitled to interest at 11.990% per annum from October 31", 1997.
7. Demand for payment has been made upon DEFENDANT but DEFENDANT has failed
or refused to pay.
WHEREFORE, PLAINTIFF demandsjudgenunt against MICHELLE D. RISBON in the
amount of S4,843?0, plus interest at 11.990% per annum from October 31", 1997 until date of
judgement, and costs of suit.
Fully Submitted.
Attomeys for
IMPORTANT INFORMATION - RETAIN FOR YOUR RECORDS
J!L IBM LEXINGTON EMPLOYEES
FEDERAL CREDIT UNION
aae Park Pb<r • l..M.9mn NT 40511
INITIAL DISCLOSURE STATEMENT
The Credit Union (hereinafter "we" "our", and "us") makes the following Truth in Lending disclosures to Member (hommalln,
..you,. "your) which also COnshlibe bindmg terms and conditions of the Agreement bmwe'bo Credit Union and hambnr.
1. Im.position of Finance Charges as to merchandise. services or lees charged to Account ("Relail Charges"). W) bnpasllwn
of the Finance Charge begins on file data the Relail Charge transaction is posted to your Account. Tim Finance Charge is imposed
so long as the Retail Charge Balance remains unpaid. However, no Finance Charge will tie imposed on the Retail Charge Balance ate
if you paid in lull the Now Balance of Retail Charges and Cash Advances by Iho paynienl due data ((into of sl R for The
neat billing cycle) shown on the front of your Monthly Billing Statement (ill To fi ure and imposa any FINANCE CI CHAIA RG E we
will apply a monthly periodic rata of 1.3333%. which is an ANNUAL PERCENTAGE r1 ATE of 1611XIY to The "Average Daily Balance
of Retail Charges" in your Account during Ine billing cycle
To gat etl,ke tldieblie Innag balance of your Retail Charges each day. and 1 v
your "Averapb Daily Balance of Retail Changes";. 9
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any now Retail Charges and subtract any payments or credits and unpaid Flnanco Charges. This gives 115 the dolly balance of
Retail Charges. Then, we add up Blithe dally balances of Retail Charges lot the billing cycle and drvldo The total by Inn number } s
of days in the billing Cycle. This gives us [lie "Average Dally Balance of Retell Charges: U
2. Imposition of Finance Charges as to Cash Advances obtained and charged to Account through use of Credit Card or Checks Fina
egins on
t
tire (hereinafter "Cash Ad ?agaes Ill nl.?imp is ition mnosed 5'o Iona a liar p Cash AdvanceliBalance re ains unpaid.IFinanrcei Charg s ealed
on .. Irani t of ... your monthly Billing Vwu myr........... Statement (b) to figure an. on ta .
rate of 1.7137•/. which h Is s an ANNUAL PERCENTAGE RATE OF 1400•/. to the "Average Dally Balance of Cash Advances" In
your Account tlurl ng ilia billing cycle covered by Ilia Monll+ly Bllling Statement.
To gel your '.Average Dairy 8alanee OI CaSh Advanceswo lake Iho Ooplnning 63' once of you Thirs Cash Alves Advan t3 each day,
add any now CJSh Advances and ad any paV nbnis or credits and unpaid Flnanco Chmpas. us Ilia tlally bolanCa
of Cash Adva ns. Tnon, nab add up all Ino dally bJlancos of GJSh Advances for Ilm billing cycle Jnd divide Ilic lolal Uy IM1n
Cash Advancbs )
of days in Ine billing cycle. This gives us the "As. raga Daisy Balance of lum
3.Olher ctiarpos. W) Annual Feos. Cartlholdes agroo to paY Credit Union a an a fit dPay annual Ino of S1 awn o Behnquency Bys
Ch number arges. Each mont h I n whi cha payment is duo and unpaid for 10 it or morn J iar Ilia Payment Bub Dale shown on Cnroholdeis
charge will lw assossoJ
Monthly Billing a., esw lf delinquency charge of S15.00 will bb ssesa to C,Idholdoi s Account. TD.
each month ant it CartlholGer'S Attounl R paid current. An overlhollmll lee o1 51500 will ba assessed II haldncn not paid to
limit by due date.
YOUR BILLING RIGHTS
KEEP THIS NOTICE FOR FUTURE USE
This notice contains hnpo.ant information aboul Your rights and our resPansmiiities under 1be Fair Credit 11,IIu.q Act
mel
rlotily Us In Case of Errors or Questmns About YOU' Dill.
II you think your bill is .,a.,]. or it you aced lame inlonnaken about a llameclior, an Your bill. w hen rite 60 Aus It n v,.. ,,It $h
You
at the address fisted on your bill. Wine m us .11 snort ns pnsuhlc. V.'c must beer flan" you no fare, teys all" y we s
the first bill on which 111, 11101 or pmbleni ePpcnh• I You Can V•I••P1bOnr us. I'll .thing sr, .ill nog ..etelve yam ...Ibis
In your teller, give us gill, following Inlurmellon.
• Your name and accaunl numbly.
• rscubc the arm
• The dollar Balaton .1 (he susp,ct,d error
Describe file enoy and exPaln, It You char -fly feu believe tire" is all cum . II you nerd mare inf op..U .tn, d
you are not sure BbanL Is u, slmie dmlt an heal, ..... .Ba Utp fill,
It you have aulhorired us to Pay You. cn•dd .,,it hill luMm"n, all, bnm Yam sasili;
payment on any amount you glint, is wym.g 111 stiff, fill, pa ymenl '131n ot,'must machar Iho•. Luunlsi days b•Ion: Ihr auvvnnlu.
payment is scheduled to occur.
You, Rights Bad Out Rcs).ansibi11111s Alu•r We Recdve Yom Wittier, Nubco
We must Bcknm.ledye your lull,, yr aun 3a days, unless t/,, nave Collected the error by it,,.,, Within 90 days, we must edl.lr
correct the error ar explain why we believe file bill was con",
Aill roe Your teller, sac a nincluding e charges. findiwelcall apply you as and amount m;;nnsl tyour credit
o bill you ou ifor or m the amount you question. 9 financ
imii. You do not nave to pay any questioned qua estioned amount wb11r, we are mvnslipalinq, nil you are still obligated to pay Ilia Parts
of your bill trial are not in question. any finance charges ICl.ated to any questioned amount.
II we find we made a mistake on your bill, you will not lava to pay II we didn't make a mistake, you may have to Pay finance charges, and you will have to make up any mussed Payments nn tire
questioned amount. In either case. we will send you a statement of the amount you owe and The data that it i5 dun.
II you fail to pay The amount that we think you owe. we may report you as 10 pay, we must lob raoYone we Ireport YOU to that delinquent
Our sallsly you and you write to us within ten days telling us 111,31 you still mfusa to aY
you have a question about your bill. And, we must jell you the name of anyone we mpedcd you la. We Inn anyone we report
it finally Is.
you to that the matter has been settled between us when d
II we don't tallow these rules, we can'I collect the lirsl $50 of life questioned amnuni. even yaw lull was c0nncl
Special Rule In, Credit Card Plachase,
•. •? ,,, , .... .. You nave a Problem with fill, ytality at pmPe nt/ of srrv IC e•'. 11.111 V.11 PorCha:e 1 will. a ca.nd card .rod You hilt/.! V1,11 .11
11
goad lain' l>0r rtcl lli t ub1 m ll ?1."'C nI" 1011 1y lie..•p.l•ngian?In p,r nbc i a.i OV1 1m.N fill' n If . • j1 i!.1i IY
OI ' Vices Ii f`1.1 UI ill 1151 1 .'1 .y- 1 .LIb all nllA' (IY ..m
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(II YOU U.I11j', rill. It I .r
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OF scrace•.
IIN lea'.
VISA CARD AGREEMENT
In this Agreement the words you and your mean each and ell those who sign this Agreement. Card means a VISA credit Card and
any duplicates and renewals the Credit Union Issues. Account means your VISA credit card line of credit account -fill the Credit
Union. Credit Union means the Credit Union whose name appears on this application, agreement or credit disclosure statement.
1. Using the Account. You agree not to let your account balance exceed your approved credit limit. Each payment you make
on the account will restore your credit limit by the amount of the payment which is applied to the ppdnclpal amount of purchases
and cash advances. You may request an increase in your credit limit only by written application wlllch is approved by the Credit
Union. The Credit Union has the right to reduce of terminate your credit limit at any time.
2. Using the Card. You may use the card issued to you to make purchases in person, and by moil or telephone from merchants
and others who acnt VISA cards. In addition, you may obtain cash advances from the Credit Union. Imm other financial Institutions
participating in the VISA program and from automated teller machines (ATMs). such as VISA ATM Network, that provide access
to the VISA system. (Not all ATMs provide such access.) You will need to use your Personal Identification Number (PIN) to obtain
a cash advance from an ATM.
3. Responsibility. You agree to pay all charges (purchases and cash advances) to your account made by you or anyone who you
authorize to use your account. Your obligation to pay the amount owed on your account continues unlll gold In lull even though
an agreement. divorce decree or other court judgment to which the Credit Union is not a party may direct someone else to pay
the account balance.
II more than one person signs this Agreement. each is individually responsible for all amounts owed on the account and all are
jointly responsible for all amounts owed. This means the Credit Union can enforce this Agreement against any of you Individually
or all of you together.
4. Monthly Payment. Ee<h month you must pay et least the minimum payment shown on your statement by the date sppeccified
on your monthly statement. You may pay more Irequenlly. pay more than the minimum payment. or pay the Total New Uelance
in lull. If you make extra payments or larger payments, you are still required to make at least the minimum payment each month
your account has a 6alence. The minimum monthly pa meat Is 3.0% of your total new balance but not less than $10.00, plus the
amount of any prior payments that you have not ppaid. The periodic rate Is 1.3333% per month for cash advances and purchases.
There Is a repie<ement cord lee of 54.00 and a fiSF fee of 515.00. The billing cycle dale is the 10th business day of the month.
In addition, et any lime your Total New [Selance exceeds your credit limit. you must immediately pay the amount over your credit limit.
S. Security Inl<rcst. 11 you give the Credit Union a specific pledge of shares by signing a separate pledge of shares for this account.
your account will be secured by our pledged shares.
6. Deleuit. You will be In default If you fall to make any minimum payment or other required payment by the date that it is due.
Vou will be In default If you break any promise you make under this Agreement. You will be In default II you die, file for bankru?icy
of become Insolvent, that is, unable to pay your obligations when they become due. You will be In default If you make any (else
or misleading statements (n any credit application or credit update. You will also be In default If something happens wlllch the Credfl
Union believes mayy su6slentia ly reduce your abl..ty to repay what you owe. When you are In default. the Credit Union has the right
.
to demand immediele payment of your full account balance without notice
II immediate payment is demanded, you will continue to pay finance charge. at the periodic rare charged before default. until
what you owe has been paid, and any shores that were given as security will be opplied towards what you owe. To the exlenl permitted
bylaw, you will also be requited to pa the Credit Union's coiI "On expenses, including court costs and reasonable ailorneyi fees.
7. Liability or Unauthaflzad Use. You may be liable for the unauthorized use of your credit card. You will not be liable for
unauthorized use that occurs after you notify the Credit Unton orally or in writing, of, he loss. theft, at possible unaulhori cd use.
In any case, your liability will not exceed 550.
8. Lost Card Notification. If you believe your credit card has been lost or sl is ten, immediately inform he
Customer Service Center,
P.O. Box 13400
Lexing9ton. KY 40583-9967
606.231.2100.
9. Changing or Terminating Your Account. The Credit Union may change the terms of this Agreement from time to time after
giving you any advance notice required by law. Your use of the card alter receiving notice of a change will indicate your agreement
to the change. To the extent the law permits, and indicated in the notice to you. the change will apply to your existing account
balance as well as to future transactions.
Either the Credit Union or you may terminate this Agreement at any time. but termination by you or the Credit Union will not
affect your obligation to pay the account balance plus any finance and other charges you owe under this Agreement. The cards
you receive remain the property of the Credit Union and you must recover and surrender to the Credit Golan all cards upon request
or upon termination of this Agreement whether by you of the Credit Union.
10. Credit Information. You authorize the Credit Onion to investigate your credit standing when opening or reviewing your account.
You authorize the Credit Union to disclose information regarding your account to credit bureaus and creditors who inquire about
your credit standing.
11. Returns and Adjustments. Merchants and others who honor the card may give credit for returns of adjustments, and they
will do so by sending the Credit Union a credit slip which will be posted ro your account. If your credits and payments exceed what
you owe the Credit Union, the amount will be applied against future purchases and cash advances. If the amount is 51 or more,
it will be refunded upon your written request or automatically alter six months.
12. Foreign Transactions. Purchases and cash advances made in foreign countries and foreign currencies will be billed to you
in U.S. dollars. The conversion rate m dollars will be made in accordance with the operating regulations for international transactions
established by VISA International. Inc. The conversion rate to dollars will be a (a) the wholesale market rate, or (b) the
governmentmandated rate. whichever is applicable, in effect one (lyday prior to the processing dale, increased by one percent (1 %).
13. Merchant Disputes. The Credit Union is not responsible for the refusal of any merchant or financial institution to honor the
card. The Credit Union is subject to claims and defenses (other than tort claims) arising out of goods or services you purchase with
the card if you have made a good faith attempt but have been unable to obtain satisfaction from the merchant or service provider.
and (a) your purchase was made in response to an advertisement the Credit Union sent or participated in sending to you; or (b)
your purchase cost more than $50 and was made In your state or or within 100 miles of your home.
14. Effect of Agreement. This Agreement is the contract which applies to all transactions on your account even though the sales.
cash advances, credit or other slips you sign or receive may contain different terms. You agree to all the terms and charges contained
in rh" Inhiat Divleu- q,,u- l
ter. The Credit Union can delay enforcing any of its rights any number of limes without losing them.
nts and Notices. You -ill receive a statement each month showing transactions on you, account. Statements and notices
to you at the most recent address you have given the Credit Union. Notice sent to any one of you will be considered
17. Other Fees and Charges. See Initial Disclosure Statement. The fees will be treated by the Credit Union as an adjustment to
the account balance and will not be subject to a finance charge.
I8. Copies of Docu,nams. You will be charged a fee for each copy of a sales slip or monthly statement that you request from us.
19. Personal Identification Number (PIN). We will furnish you with a personal identification number (PIN). You agree to keep the
PIN secret. You also agree you won't write the PIN on the VISA card or anything you keep with the VISA card. You agree that your
use of the PIN and VISA card in getting a cash advance or making a purchase constitutes your signature for purposes of such
transaction.
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It you are applying for credit in your name only, do not complete portion on co-applicant.
It you are applying for a joint account, complete the portion on co-applicant.
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.OCT-22-99 04:41 PPI
duly authorized represcnt3tive ol'hiEMHER'S
HERITAGE FCU, /K/A IBM LEXINGTON EMPLOYEES FEDERAL CREDIT UNION,
depose and say subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to
authorities that the facts set forth in the foregoing Complaint in Civil Action are true and correct
to the best?ofmy knowledge, infomiation and belief. j
Dalc:lab- o In 1 u {?^ 1Ct C,tCi. (?C?,I,?'
ARiant
P.02
LAW OFFICGS OF
DONALD S. MAZZOTTA, P.C.
933 Penn Avenue, 8th Floor
Pittsburgh. Pennsylvania 15222-3703
mmneygtr@usaor.net (412) 471-0300
104666,1530®compuserve. corn FAX (412) 471-3476
November 1, 1999
Prothonotary of Cumberland County:
Enclosed please find the complaint in the matter of Member's Ileritagg FCU v. Michelle D.
Risbon. Please direct the sheriff to serve a copy of this complaint on Ms. Risbon at 130 Frytown
Road, Carlisle, Cumberland County, Pennsylvania 17013.
Thank you for your cooperation,
LAW OFFICES OF
DONALD S. MAZZOTTA, PAC. ane Dearwester
Law Clerk
P.02
VRIFICATIO\
°-tL?Q duly authorized representative of,NfFiv t • 'S
HERITAGE FCU' /K/A IB,IM LEXINGTON EMPLOYEES FEDERAL CREDIT UNION,
depose and Say subject to the penalties of IS Pa.C.S. §4904 relating to unswom falsification to
authorities that the facts set forth in the foregoing Complaint in Civil Action arc true and correct
to the best of my knowledge, information and belief. 0
Date: n Z
Affiant 0
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MEMBER'S HERITAGE FCU F/K/A IBM ) CIVIL DIVISION
LEXINGTON EMPLOYEES FEDERAL )
CREDIT UNION, )
NO. 99-6727
ISSUE NUMBER:
Plaintiff, )
VS. ) TYPE OF PLEADING: PRAECIPE TO
REINSTATE COMPLAINT IN ASSUMPSIT
CODE -
MICHELLE D. RISBON, )
FILED ON BEHALF OF: Plaintiff,
MEMBER'S HERITAGE FCU F/K/A IBM
LEXINGTON FEDERAL CREDIT UNION
Defendant. )
COUNSEL OF RECORD FOR THIS PARTY:
Donald S. Mazzotta, ESQUIRE
Pa. I.D. 411461
LAW OFFICES OF
DONALD S. MAZZOTTA, P.C.
Firm ;#742
938 Penn Avenue
Pittsburgh, PA 15222
(412) 471-0300
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MEMBER'S HERITAGE FCU F/K/A IBM )
LEXINGTON EMPLOYEES FEDERAL CREDIT )
UNION, )
Plaintiff, ) No. 99-6727
vs.
MICHELLE D. RISBON,
Defendant.
PRAECIPE TO RFiNSTATE MPLAINT IN A UMP IT
TO: Prothonotary of Cumberland County
Please reinstate the Civil Action - Complaint in Assumpsit against
Defendant, Michelle D. Risbon, regarding the above-captioned matter.
LAW OFFI?S OF DONALD S. MAZZOTTA, P.C.
By.
A neysl f,' Plaintiff
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MEMBERS HERITAGE FCU F/K,/A IN THE COURT OF COMMON PLEAS OF
IBM LEXINGTON EMPLOYEES CUMBERLAND COUNTY, PENNSYLVANIA
FEDERAL CREDIT UNION,
Plaintiff No. 99-6727 CIVIL TERM
Vs.
MICHELLE D. RISBON,
Defendant
NOTICE TO PLEAD
TO: Donald S. Mazzotta, Esquire Attorney for the Plaintiff
You are hereby notified to file a written response to the
enclosed Answer, New Matter and Affirmative Defenses within twenty
(20) days from service hereof or a judgment may be entered against
you. / 1 /
Edward a. Harker, Esquire
COSTOP ULOS FOSTER & FIELDS
831 M rket Street
Lemoyne, PA 17043
(717)761-2121
MEMBER'S HERITAGE FCU r/K/A
IBM LEXINGTON EMPLOYEES
FEDERAL CREDIT UNION,
Plaintiff
Vs.
MICHELLE D. RISBON,
Defendant
IN THE COURT Or COMMON PLEAS Or
CUiMBERLAND COUNTY, PENNSYLVANIA
No. 99-6727 CIVIL'I'ERM
ANSWER, NEW MATTER AND AFFIRM nyi.- DEFENSES
COMES NOW, Michelle D. Risbon, by Edward W. Harker, her attorney and represents
as follows:
ANSWER
1. Denied. Defendant lacks information upon which to respond as to the allegation
that Members FIeritage FCU is the lawful successor in interest to IBM 1_exington nor that such
successor has any right to assert any claim against Defendant based upon Exhibit A to the
Complaint. Proof of the allegation is demanded at trial.
2. Admitted.
3. Denied. Defendant signed a VISA application (last page Plaintiff Exhibit 1). This
document was not an agreement and was not approved, accepted, nor arced to by any other
party as in evident from the document itself.
d. Denied. Between 19SS and October 1997, Defendant received monthly statements for
purchases on a VISA card which was issued to her. Said statements ceased on or about October
1997.
5. Denied. Default is a legal conclusion based upon all alleged agreement. No such
agreement lawfully existed. In particular, Defendant never agreed to or received disclosure
of any terms and conditions for payment of the said VISA nor interest penalties or charges
associated therewith.
6. Denied. No agreement entitling Plaintiff to interest exists.
7. Admitted in Part; Denied in Part. Defendant admits that demands for payment of a
sum were made. However, Defendant protested the sum claimed, the manner of payment and
refused to pay as demanded.
NEW MATTER AND AFFIRMATIVE DEFENSES
S. On April 11, 1988, Defendant applied for a VISA account at the IB?v1 Credit Union,
a single page application.
9. Subsequently, the said application was altered without Defendant's knowledge by
changing the requested 5500.00 credit limited to 55,000.00 by the addition of three zeros and a
decimal point.
10. The said application was never approved and does not constitute a binding
agreement.
11. Some time after the said application was signed, Defendant received a VISA Card
in the mail.
12. No disclosure of the terms, conditions, interest or other conditions relative to said
card was provided; nor did Defendant ever agree to such obligations.
AFFIMNIA'I'IVF. UI;FI?\'SIi.S
13. Illegality. Defendant asserts that Plaintiffs claim is unlawful as no valid agreement
existed and further that Plaintiff failed to make disclosure and otherwise comply with Federal
and State credit transaction requirements.
14. Statute of Limitations. Defendant asserts that because no credit contract existed,
Plaintiff's claim is subject to the four ),car limitation for contracts for purchase at 42 Pa.C.S.A. y
5525(8). And further, that the purchases upon which Plaintiff's claim is apparently based were
made prior to 1996 and suit thereon is therefore barred by said limitation period.
15. Fraud. Defendant asserts that enforcement of the alleged "agreement" attached to the
Complaint is barred as the document was subsequently altered, without Defendant's knowledge
or consent, to obligate Defendant for stuns far in excess of the credit requested. Defendant
therefore asserts said "agreement" is void and unenforceable.
RES
Date: February 4, 2000 trdwv?airodNOP L / E&? IIkzcr, Es' j
ULOS FOSTLDS
831 'M arket Strect
Lemoyne, PA 17043
(717)761-2121
Supreme Court I.D. 06362
VERIFICATION
1, Michelle Risbon, Defendant herein, verify that the statements made in this Answer,
New Matter, and Affirmative Defenses, are true and correct. I understand that false statements
herein are subject to the penalties of 18 Pa.C.S. 114904 relating to unswom falsification to
authorities.
Date: February 4, 2000 JI/ ?h[
Micllclle Risbon, Defendant
CERTIFICATE OF SERVICE
I, Edward W. Harker, Esquire of 831 Market Street, Lemoyne,
Pennsylvania, hereby certify that on February 4, 2000, I served a
true and correct copy of the within Answer, New Matter, and Affirmative
Defenses, by depositing the same in the United States Mail, postage
prepaid by first class delivery, upon:
Donald S. Mazzotta, Esquire
Law Offices of Donald S. Mazzotta, P.C.
938 Penn Avenue Firm „ 742
Pittsburgh, PA 15222
Date: February 4, 2000
Edward v. Har e,
831 Ma ket Street
Lemoyn , PA 17043
??
- ,-? ?.-
?-
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-06727 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MEMBER'S HERITAGE FCU ET AL
VS
RISBON MICHELLE D
BRIAN BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE (REINS was served upon
RIBBON MICHELLE D the
DEFENDANT
, at 0014:18 HOURS, on the 27th day of Januarv , 2000
at 130 FRYTOWN ROAD
CARLISLE, PA 17013 by handing to
MICHELLE D. RISBON
a true and attested copy of COMPLAINT & NOTICE (REINS together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18 .00
Service 6 .20
Affidavit .00
Surcharge 10 .00
.00
34 .20
Sworn and Subscribed to before
me this 2N `= day of
A.D.
Prothonotary
So Answers:
?00-A? 2
R. Thomas Kline
01/28/2000
DONALD MAZZOTTTAA
Deputy Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MEMBER'S HERITAGE FCU F/K/A
IBM LEXINGTON EMPLOYEES
FEDERAL CREDIT UNION
PLAINTIFF
VS.
MICHELLE D. RISBON,
DEFENDANT
CIVIL DIVISION
NO. 99-672'7
ISSUE NUMBER:
TYPE OF PLEADING:
REPLY TO NEW MATTER
AND AFFIRMATIVE DEFENSES
)
CODE: 011 - ASSUMPSIT
FILED ON BEHALF OF:
PLAINTIFF,
MEMBER'S HERITAGE FCU F/K/A
IBM LEXINGTON EMPLOYEES
FEDERAL CREDIT UNION
COUNSEL OF RECORD FOR
THIS PARTY:
)
Donald S. Mazzotta, Esquire
Pa. I.D. ##11461
LAW OFFICES OF
DONALD S. MAZZOTTA, P.C.
Firm #742
938 Penn Avenue
Pittsburgh, PA 15222
(412) 471-0300
MEMBER'S HERITAGE FCU F/K/A )
IBM LEXINGTON EMPLOYEES )
FEDERAL CREDIT UNION )
PLAINTIF )
vs. )
MICHELLE D. RISBON )
DEFNDANT )
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 99-6727 CIVIL TERM
REPLY TO NEW MATTER AND AFFIRMATIVE DEFENSES
8. Admitted that the application was one page, but there was
also a disclosure statement accompanying the application (a copy of
which is attached hereto as Exhibit "A").
9. After reasonable investigation, Plaintiff is without
sufficient knowledge, information or belief so as to form a
responsive pleading to Defendants allegations and as such denies
the same and demands strict proof thereof a time of trial.
10. Denied as stated. The application was approved by the
original card grantor and Plaintiff believes and therefore avers
that there was a binding agreement especially in light of the fact
that the Defendant received the card and used it.
11. Admitted.
12. Denied as stated. To the contrary, the Defendant received
a disclosure statement with the application as set forth above and
it set forth the terms and conditions of use of the card including
the interest rate and she agreed to the terms by using the card
after being advised of the terms and then signing the application
for the card. Defendant also received a Visa Card Agreement when
she received her visa card.
13. Paragraph 13 of Defendant's Affirmative Defenses is a
conclusion of law and as such requires no responsive pleading. To
the extent that any responsive pleading is required, Plaintiff
believes and therefor avers that there was an agreement and that
proper disclosure had been made to the Defendant.
14. Paragraph 14 of Defendant's Affirmative Defenses is a
conclusion of law and as such requires no responsive pleading. To
the extent that any responsive pleading is required, Defendant made
her last payment on the account on October 31, 1997 and the last
charge was made in November, 1996 therefore even if a four year
statute applies the suit was filed in a timely manner.
15. After reasonable investigation, Plaintiff is without
sufficient knowledge, information and belief to form a responsive
pleading and as such denies the same and demands strict proof
thereof at the time of trial. In addition, this paragraph in
Defendant's Affirmative Defenses is a conclusion of law and as such
requires no responsive pleading.
Wherefore, Plaintiff demands judgment against the Defendant
in the amount set forth in the Complaint.
tfully submitted,
ioh'ald z6tta, Esq.
Attorney r Plaintiff
,,0
INSTRUCTIONS FOR COMPLETING YOUR VISA APPLICATION AND CREDIT CARD AGREEMENT
A) Complete the VISA application. Do not leave blanks as it may delay processing your application.
B) If you are applying for a joint account, both parties must have a share account with [lie Credit Union. Please list both account
numbers in the places provided.
C) After reading the credit card agreement, sign the application in the space provided. Note that all persons being issued a card
must sign the application.
D) If your credit union desires you to pledge shareholdings to secure your VISA account, please sign the Pledge of Shares
agreement.
E) Retain the VISA Credit Card Agreement & "Your Billing Rights' and return the application and Pledge of Shares agreement to
the rxp.dit I!-;^n. This form is a self-mailer. Please advise us if this is a new address.
'R CREDIT UNION
'G YOU.
PIA r ALWAYS' U
S? s it ara = P?4p07F PAS?T,AG- u
in, LIr l•(1tI,:
r?L9?-'??-.,"per p /?a3
? Check here $, O
if new address
IBM (IND LOYEES
FEDERAL T UNION PLAINTIFF'S
P. 25
GREENCAST IANA46135 EXHIBIT
,4
4
VISA CENTER
IMPORTANT INFORMATION -- RETAIN FOR YOUR RECORDS
®IBM LEXINGTON EMPLOYEES
i
it FEDERAL CREDIT UNION
INITIAL DISCLOSURE STATEMENT
1. Imposition of Finance Charges as to merchandise, sarvlces or leas charged to Account ("1181111 ChartIl (al Imposition
of the Fln lace Charge begins On the data the Retail Charge transaction Is posted to your Account. The Flnuice Charge Is Imposed
so Song u the Retail Charge Balance remains unpaid. However, no Finance Charge will be Imposed on the Retail Charge Balance
If you pay In full the New Balance of Retail Charges and Cash Advances by the payment due data (dale of statement for the
next billing cycle) shown on the front of your Monthly Billing Statement. (b)To Hours and Impose any FINANCE CHARGE, we
will apply a monthly periodic rate o1.999%, which Is art ANNUAL PERCENTAGE RATE of 11.09% to the "Avenge Daily Balance
of Retail Charges" In your Account during the billing cycle coveractibi a Monthly Billing Statement.
To gat your "Avenge Dally Balance of Retail Chagos", we lake the beginning balance of your Retail Charges each day,
add any new Retail Charges and subtract any payments or credits and unpaid Finance Charges.Thls gives us the dally balance
of Retail Charges. Then, we add up all the dally balances of Retail Charges lot the billing cycle and divide the total by the number
of days In the billing cycle. This gives us the ''Average Dally Balance of Retail Charges:'
2 Imposition of Finance Chugas as to Cash Advances obtained and charged to Account Through use of Credit Card,
(apraposlllon of the Florence Charge begins on the dote the Cash Advance transaction Is posted to your Account. The Finance
charge is Imposed so long affix Ca.Ui Advance Balance remalna unpaid. Finance Chingos are Imposed on Cash Advances "other
or not you pay In full the New Balance for Cash Advances by the payment due data shown on the front of Your Monthly Billing
Statement. (b)TO figure wad Impose arty FINANCE CHARGE, we will apply a monthly periodic into of A99%, which Is an ANNUAL
PERCENTAGE RATE of 11.20%, to the "Avenge Dally Balance of Cash Advances" In your Account during the billing cycle covered
by the Monthly Billing Statement.
To got your "Average Dally Balance of Cash Advances", we lake the beginning balance of your Cash Advances each
day, add any new Cash Advances and subtract any payments or credits and unpaid Finance Chuges. This gives us the dally
balance of Cash Advances. Then, we add up all the dally balances of Cash Advances for the billing cycle and divide the total
by the number of days In the billing cycle. This gives us the "Average Dally Balance of Cash Advances."
7. Delinquency Charges. Each month In which a payment Is duo and unpaid for 15 days or more altar the Payment Out Date
shown on the Cardholder's Monthly Billing Statement, a delinquency chugs W0 will be assessed to the Cardholdees Account.
This charge will be assessed each month until ilia Cardholder's Account Is paid current.
YOUR BILLING RIGHTS
KEEP THIS NOTICE FOR FUTURE USE
This notice contains Important Information about your tights and our responsibilities under the Fair Credit Billing Act.
Notify Us In Case of Errors or Cuastlons About Your Bill.
It you think your bill Is wrong, or If you need more Information about a transaction on your bill, write us on a sapuale sheet
at the addition listed on your bill. Write to us u soon as possible. We must hear from you no later than 60 days after we tent
you the (Inl bill an which the error or problem appeared. You can telephone us, but doing so will not preserve your rights.
In your latter, give us the following Information:
• Your name and account number.
• The dollar amount of the suspected error.
• Describe the atror and explain, if you can, why you believe there [am ardor. It you need more Inlotmatlon, describe the Item
you are not sure about.
If you have authorised us to pay your credit card bill automatically from your savings or checking account, you can stop the
payment on any amount you think Is wrong. To slop the payment, your latter must teach us three businass days before the
automatic payment Is scheduled to occur.
Your Rights and Our Responsibilities After We necelve Your Written NORCO
We must acknowledge your Iellerwilhln 30 days, unless we have coneclod Ilia error by than. Wlthin 9o days, we must either
correct the error or explain why we believe the bill was correct
Allerwo receive your letter, we cannot try to collect any amount you question, or report you as delinquent. Wa can continue
to bill you for the amount you question. Including finance charges, and we can apply any unpaid amount against your credit
limit. You do not have to pay any questioned amount while we are Investigating, but you are still obligated to pay the, parts
at your bill that are not In question.
It we find that we made • mistake on your bill, you will not have to pay any finance charges totaled to any questioned amount.
If we didn't make a mistake, you may have to pay finance chuges, and you will have to make up any missed payments on the
questioned amount. In either case, we will sand you a statement of the amount you owe and the dale that It Is due.
If you fall to pay the amount that we think you owe, we may report you as delinquent, Ilowaver. It our explanallon does not
satisfy you and you write to us within tan days telling us that you still refuse to pay, we must tell anyone we report you to that
you have a question about your bill. And, we must tall you the time of anyone we reported you to. We must tall anyone we
report you to that the matter has bean settled between us when It finally Is.
11 we don't follow those rules, we Can1 counts the [list $50 of the questioned amount, even If your bill was corset.
SPECIAL RULES FOR CREDIT CARD PURCHASES
It you have a problem will, the quality of properly or serviCas that you purchased with a credit card, and you have bled In
good !alto to correct the problem with the merchant you have the tight not to pay ilia remaining amount due on the property
or services. There are two limitations on this right:
(aIYOU must have made Ilia purchase In your home state or, it not within your home state within too miles of your current
mailing address; and
(b)The purchase pile. must have been more than 0:0. These limitations do not apply it we own or operate ilia merehsnt an
It we matted you the advertisement for the property or services.
nt1 0273
VFRIFIC_AT10 N
I, IY10_ I tied duly authorized representative of Member's Heritage FCU, depose subject to
foregoing the Reply penalties IS Pa. C.S.§4904 relating to unsworn falsi and say subj
flcation to authorities that the facts set fonh inthe
y to New Matter and Affirmative Defenses are true and correct to the best facts
information and belief.
my knowledge,
Date: `?- IQV I
s' I: l^ -t t t'a . Cpl
Affiant !?
CFRTIFTCATF. OF SERVICE
I hereby certify that on this 26th day of June 2000, a true
and correct copy of the Reply to New Matter and Affirmative
Defenses was served by mailing the same First Class, postage pre-
paid U.S. Mail, to the following:
Edward W. Harker, Esquire
831 Market Street
Lemoyne, Pennsylvania 17043
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MEMBERS HERITAGE FCU FKA IBM
LEXINGTON EMPLOYEES FEDERAL CREDIT
UNION,
Plaintiff,
vs
MICHELLE D. RISBON,
Defendant.
CIVIL DIVISION
i
NO. 99-6727
ISSUE NUMBER:
TYPE OF PLEADING: AMENDED PRAECIPE TO
DISCONTINUE WITH PREJUDICE
CODE -
FILED ON BEHALF OF: Plaintiff,
MEMBERS HERITAGE FCU FKA IBM CREDIT
COUNSEL OF RECORD FOR THIS PARTY:
1
Donald S. Mazzotta, ESQUIRE
Pa. I.D. #11461
LAW OFFICES OF DONALD S. MAZZOTTA,
P.C.
1 Firm „742
938 Penn Avenue
Pittsburgh, PA 15222
(412) 471-0300
to
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MEMBERS HERITAGE FCU FKA IBM LEXINGTON
EMPLOYEES FEDERAL CREDIT UNION
Plaintiff,
vs
MICHELLE D. RIBBON,
Defendant.
No. 99-6727
AMENDED PRAECIPE TO DISCONTINUE WITH PREJUDICE
TO: PROTHONOTARY
SIR:
Please Discontinue with Prejudice the action regarding this matter and mark
the docket accordingly.
LAW OFFICES OF DONALD S MAZZOTTA, P.C.
By:
Plaintiff
Sworn to and subscri /??{-bb before me
7-11
this /LI day ofl ;i v , 2000.
A
I hereby certify that on this 16"' day of October, 2000, a true
and correct copy of the Amended Praecipe to Discontinue With
Prejudice was served by mailing the same First Class, postage pre-
paid U.S. Mail to the following:
Edward W. Harker, Esquire
305 Fairview Street
Carlisle, Pennsylvania 17013
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