HomeMy WebLinkAbout09-2612Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 ST FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
DEBRA A. PAGE
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
NO.. - °a w a lest- v i tTe-r1K
: CIVIL ACTION - LAW
NOTICE TO DEFEND AND CLAIM RIGHTS
THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE
ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE
OF COLLECTING THE DEBT.
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
attorney and filing in writing 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 claims or relief requested by the Plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
NOTICIA
Le han demandado a usted en la corte. Si usted guiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al
partir de la fecha de la demands y la notification. Usted debe presentar una apariencia
escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o
sus objectiones a las demandas en contra suya.
Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar
una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que
es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO O OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O
LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE
CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
MEMBERS 1 FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
DEBRA A. PAGE
DEFENDANT.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
NO.: U R- d G I 6.?a n.
CIVIL ACTION-LAW
COMPLAINT
AND NOW, comes Members 0 Federal Credit Union, the Plaintiff in the above
captioned matter, by and through its attorney, Karl M. Ledebohm and makes the
following complaint:
1. Plaintiff, Members 1 sr Federal Credit Union ("Members 1 ), is a National
Federal Credit Union having a principal address of 5000 Louise Drive,
Mechanicsburg, PA 17055.
1
2. Defendant, Debra A. Page ("Defendant"), is an adult individual having a last
known address of 3401 Ritner Highway, Newville, PA 17241-9103.
3. On or about July 15, 2002, Defendant submitted to Members I" a credit card
application (the "Application") for a Visa credit card issued by Plaintiff.
4. Plaintiff accepted the Application and sent to Defendant a Visa Credit Card,
account #****-****-****-3467 (the "Visa Account") and the Visa Credit
Card Agreement and Disclosure Statement.
5. The Visa Account is governed by the Credit Card Agreement and Disclosure
Statement (the "Credit Card Agreement and Disclosure"), a copy of which is
attached hereto as Exhibit "A" and made part hereof.
6. Pursuant to the terms and conditions of the Credit Card Agreement and
Disclosure, Defendant agreed to pay to Plaintiff monthly installments in an
amount of not less than two percent (2.0%) of the outstanding balance on the
account or $20.00, whichever is greater.
7. Defendant has made charges against the Visa Account and is in default of
Defendant's obligations under the Credit Card Agreement and Disclosure and
the corresponding Visa Account as a result of Defendant's failure to make the
payments due to Plaintiff as set forth in the Credit Card Agreement and
Disclosure, the last payment having been received by Members 0 on or about
October 1, 2008.
8. By letter dated March 12, 2009, addressed to Defendant, Plaintiff demanded
the payment of all amounts due under the Credit Card Agreement and
2
Disclosure and the corresponding Visa Account. A copy of Plaintiff's
9
10.
11
Demand is attached hereto as Exhibit "B" and made part hereof.
As of April 24, 2009, Defendant is indebted to Plaintiff in the amount of
SEVENTEEN THOUSAND EIGHT HUNDRED TWENTY-ONE AND
80/100 ($17,821.80) itemized as follows:
a. Principal $15,158.99
b. Unpaid finance charge 637.81
c. Unpaid other fees 225.00
d. Legal Fees* 1,800.00
e. Total due to Member 1St as of April 24, 2009 $17,821.80
*Legal fees are estimated in accordance with the terms and conditions set
forth in the Credit Card Agreement and Disclosure. Defendant will be
responsible for payment of actual, reasonable legal fees incurred by Members
1 Sr in this matter.
Defendant also agreed under the terms and conditions of the Credit Card
Agreement and Disclosure that in the event of default there under Defendant
would pay, in addition to the amounts set forth in paragraph 9 above,
additional reasonable legal fees, if any, and costs incurred by Plaintiff as a
result of the institution and prosecution of these legal proceedings.
Legal fees and costs continue to accrue on the above obligation as set forth in
the Credit Card Agreement and Disclosure through the date of payment and
including on and after entry of judgment on this complaint.
3
12. As set forth above, Plaintiff has made demand upon Defendant to make
payment of all amounts due to Plaintiff under the Visa Account and
corresponding Credit Card Agreement and Disclosure and, as of the date
Respectfully submitted,
hereof, Defendant has failed and refused to make payment of all such amounts
due to Plaintiff.
WHEREFORE, Plaintiff, Members I" Federal Credit Union, demands judgment
against Defendant, Debra A. Page, in the amount of SEVENTEEN THOUSAND EIGHT
HUNDRED TWENTY-ONE AND 80/100 ($17,821.80) DOLLARS together with
additional attorney's fees and costs of suit and interest at the legal rate on and after the
entry of judgment on this complaint which does not exceed the jurisdictional amount
requiring arbitration referral by local rule.
Date: q- z--C, e
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
4
Supreme Court ID # : 59012
P.O. Box 173
VISA Credit Card Agreement and Disclosure
Notice: See reverse side for important information regarding your rights to dispute billing errors.
1. Meaning of Words. The following words have the [allowing meanings in this Agreement and in the monthly billing statement sent hereunder:
(a) "Agreement" means the Visa Credit Card Agreement and Disclosure furnished by us.
(b) 'we 'us' and "our" means Members 1st Federal Credit Union, Mechanicsburg, PA.
(c) "you" and 'your' means each person who signs the application for the Account.
(d) "Card" means any Visa Credit Card and any duplicates and renewals we issue to you or to an authorized user of your Account.
(e) "Account" means your Visa Credit Card Account with us.
(f) "Line of Credit" means the self-replenishing line of credit we make available to your Account.
(g) "Advance" means any credit extended on your Account for any purchases or Cash Advances.
(h) "Cash Advance" means (i) any ash or credit extended on your Account by us or by any other institution that accepts a Card, (ii) any withdrawal of cash made by using a Card and personal identification number ("PIN") at an automated teller machine ("ATM")
or other type of electronic terminal that provides access to the Visa system, (iii) the amount of any Visa Convenience Check paid by us, or (iv) the amount of any balances transferred to your Account from another credit card or account.
(i) "Visa Convenience Check" means any check that directly accesses your Account. The amount of any Visa Convenience Check paid by us is posted as a Cash Advance under your Account.
2. Now To Use This Account. Your Account may be used to purchase or lease goods and services ("purchases") from a merchant by presenting a Card and signing a sales transaction receipt for the amount of the purchase or by giving a Card Account number.
Your Account may also be used to obtain Cash Advances:
(a) By receiving cash or credit from financial institutions that accept a VISA Credit Card;
(b) By use of Visa Convenience Checks;
(c) By making cash withdrawals with a Card at an ATM or other type of electronic terminal that provides access to the Visa system; or
(d) By transferring to your Account a balance from another credit card or account.
3. Responsibility. You agree to pay all Advances, finance charges and other fees or charges charged to your Account arising from the use of a Card, a Visa Convenience Check or the Account by you or anyone you authorize or permit to use your Account, a Visa
Convenience Check or a Card, even if you do not notify, us that others are using your Account, a Visa Convenience Check or a Card. Your responsibility for charges made by anyone you authorize or permit to use your Account, a Visa Convenience Check or a Card
continues until you nolity us in writing at 5000 Louise Drive, P. 0. Box 40, Mechanicsburg, PA 17055, and recover and destroy any Visa Convenience Check or Card in such person's possession. Your obligation to pay the Account balance continues regardless of
the terms of any agreement, divorce decree, or other court judgment to which we are not a party. If more than one person signs the application for the Account, you are each jointly and severally responsible for all charges on the Account.
4. Liability for Unauthorized Use. You understand that your total liability to us shall not exceed Fifty Dollars ($50) resulting from the loss, theft or other unauthorized use of a Card that occurs prior to the time you give notice to us. Such limitation does not apply
when a Visa Convenience Check is used.
5. Lost Card Notification. If you believe a Card or any Visa Convenience Check has been lost or stolen, you must immediately call us at (717) 795-6032 or 1(800)-283-2328 during normal business hours. After business hours (nights and weekends) or on hol-
idays, lost or stolen Cards or VISA Convenience Checks must be reported by calling 1(800)-325-3678.
6. Credit Line. If we approve your application, we will establish a Line of Credit for you and notify you of its amount when we issue a Card. This amount is your credit limit for the Account. You agree not to let the Account balance exceed this approved credit limit.
Each payment you make on the Account will restore your credit limit by the amount of the payment that is applied to the principal balance owed on the Account. You may request an increase in your credit limit, which must be approved by us. We may reduce your
credit limit or terminate this Agreement for any reasons not prohibited by applicable law, with only such notice as is required by applicable law. You may also terminate this Agreement at any time, but termination by either of us does not affect your obligation to
pay the Account balance. To terminate this Agreement, you must notiy us in writing at 5000 Louise Drive, P. 0. Box 40, Mechanicsburg, PA 17055, and recover and surrender to us all Cards, and any issued but unused Visa Convenience Checks. They remain our
property.
7. Credit Information. You authorize us to investigate your credit standing when opening, renewing or reviewing your Account, and you authorize us to disclose information regarding your Account to credit bureaus and other creditors who inquire of us about your
credit standing.
8. Payments. We will mail you a billing statement every month showing your Previous Balance comprised of purchases and Cash Advances, the current transactions on your Account, your credit limit, the available credit, the New Balance, the Finance Charges for
the billing cycle, and the Minimum Payment required. Each month you must pay at least the Minimum Paymant shown on your statement by the Payment Due Date shown on the statement or no later than 25 days from the statement Closing Date, whichever is
later. If your statement says your payment is "Now Due; your payment is due no later than 25 days from the state,^ronl Closing Date. You may pay more frequently, pay more than the Minimum Payment or pay the New Balance in full. If you make extra or larger
payments, you are still required to make at least the Minimum Payment each month your Account has a balance (other than a credit balance).
The Minimum Payment will be either a) Two percent (2%) of your New Balance or $20, whichever is greater, plus any portion of the Minimum Payment shown on prior statement(s) which remains unpaid, or b) your New Balance, if it is less than Twenty Dollars
($20).
We also have the right to demand immediate payment of any amount by which your New Balance is over your credit limit.
We will apply your payments first to any fees, then to Finance Charges on both Cash Advances and purchases, then to previously billed Cash Advances, then to previously billed purchases, then to new Cash Advances and then to new purchases.
We may accept checks marked "payment in full" or with words of similar effect without losing any of our rights to collect the full balance of your Account.
9. Finance Charge.
A. The current monthly Periodic Rate and corresponding Annual Percentage Rate are set form on the "Additional Disclosure" which is sent to you together with this Agreement.
B. Variable Rate: The Annual Percentage Rate will be determined by adding the margin to the index value. The Annual Percentage Rate can change on the first calendar day of the first billing cycle in each calendar quarter. The margin for Visa Platinum is
5.00% for both purchases and Cash Advances. The margin for Visa Gold is 5.00% for both purchases and Cash Advances. The margin for Visa Classic is 5.50% for both purchases and Cash Advances. The margin for Visa Classic Rate Shaver is 2.00% for
both purchases and Cash Advances, subject to a minimum Annual Percentage Rate of 9.9% for the Visa Classic Rate Shaver program. The index is the highest Prime Rate published in the money rates section of the Wall Street Journal. The index will
be measured as of the last business day of the immediately preceding calendar quarter. Any increase in the Annual Percentage Rate may cause the amount of the minimum monthly payment to increase. Also, you may have to pay more payments. The Annual
Percentage Rate will never exceed 21 % or the maximum allowed by law, whichever is less. The monthly Periodic Rate is equal to one-twelfth (1/12) of the Annual Percentage Rate.
C. Method A - Average Daily Balance (including New Cash Advances): A Finance Charge will be imposed on Cash Advances from the date made or from the first day of the billing cycle in which the Cash Advance is posted to your Account, whichever
is later, and will continue to accrue until the date of payment.
The Finance Charge on Cash Advances for a billing cycle is computed by applying the monthly Periodic Rate to the average daily balance of Cash Advances, which is determined by dividing the sum of the daily balances during the billing cycle by the
number of days in the cycle. Each daily balance is determined by taking the beginning balance of Cash Advances on your Account each day, adding any new Cash Advances, and subtracting any payments or credits that are applied to Cash Advances but
excluding any unpaid Finance Charges.
0. Method G - Average Daily Balance (Including New Credit Purchases): A Finance Charge will be imposed on purchases only if you elect not to pay the entire New Balance shown on your monthly billing statement for the previous billing cycle on
or before the Payment Due Date of that statement. If you elect not to pay the entire New Balance shown on your previous monthly billing statement by the Payment Due Date, a Finance Charge will be imposed on the unpaid average daily balance of purchases
from the previous statement Closing Date and on new purchases from the date of pasting to your Account during the current billing cycle, and will continue to accrue until the Closing Date of the billing cycle preceding the date on which the entire New
Balance is paid in full or until the date of payment if later than the Payment Due Date.
The Finance Charge on purchases for a billing cycle is computed by applying the monthly Periodic Rate to the average daily balance of purchases, which is determined by dividing the sum of the daily balances during the billing cycle by the number of days
in the cycle. Each daily balance is determined by taking the beginning balance of purchases on your Account each day, adding any new purchases, and subtracting any payments or credits that are applied to purchases, but excluding any unpaid Finance
Charges.
10. Default. You will be in default it you tail to make any minimum payment or other required payment by the date that it is due. You will be in default if you break any promise you make under this Agreement. You will be in default if you die, file for bankruptcy, or
become insolvent, that is, unable to pay your obligations when they become due. You will be in default if you make any false or misleading statements in any credit application or update of credit information. You will also be in default if something happens which
we believe may substantially reduce your ability to repay what you owe. When you are in default we can demand immediate payment of the entire amount you owe under this Agreement without giving you advance notice. It immediate payment is demanded, you
will continue to pay interest, at the applicable interest rates in effect under this Agreement, until what you owe has been repaid. It demand for immediate payment has been made, the shares and deposits given as security for payment under this Agreement can be
applied towards what you owe. We can also take appropriate action as authorized under the Uniform Commercial Code to repossess any and all collateral pledged to secure repayment under this Agreement. To the extent permitted by applicable law, you will also
be required to pay our collection expenses, including court costs and reasonable attorneys' fees. We can also exercise any other rights given to us by law when you are in default.
11. Using the Card. You may use a Card, Catd Account number and/or PIN to make transactions on your Account. You will retain the copies of the transaction receipts furnished to you in order to verify your monthly billing statement. You agree that you will not
use or permit anyone to use a Card or your Account for any transaction that is illegal under applicable federal, state or local law. You agree that illegal use of any financial service will be deemed an action of default and/or breach of contract and such a service
and/or other related services may be terminated at our discretion. You further agree, should illegal use occur, to waive any right to sue us for such illegal use or any activity directly or indirectly related to it. Additionally, you agree to indemnity and hold us harm-
less from any suits or other legal action or liability, directly or indirectly, resulting from such illegal use. We reserve the right to decline any transactions that we consider fraudulent, suspicious, or illegal and you further understand that we will not knowingly autho-
rize charges related to online gambling.
Print Date 3/02 CONTINUED ON REVERSE
Exhibit "A"
12. Reform and Adjustments. Merchants and others who honor a Card may give credit or returns or adjustments, and they will do so by sending us a credit transaction receipt , which we will post to your Account. It your credits and payments exceed what you
owe us, we will hold and apply this credit balance toward future purchases and Cash Advances, or if it is one dollar or more, refund it on your written request or automatically after six months.
13. Using Visa Convenience Checks. You may use your Visa Convenience Checks, if available, as you would use a Card to make a purchase or payment or to receive cash, Your Visa Convenience Checks directly access your Account. All Visa Convenience
Checks paid by us are treated as Cash Advances hereunder and, except as otherwise indicated, are subject to all terms of this Agreement pertaining to Cash Advances and to the following additional terms:
A. No Visa Convenience Check may be used to make a payment on your Account.
B. Only the person whose name appears on a Visa Convenience Check may use them.
C. Visa Convenience Checks must be written in U.S. Dollars. Visa Convenience Checks may not be certified.
D. We may return a Visa Convenience Check unpaid if there is not enough available credit on your Account to pay it, if your Account is in default, or if a Card or any Visa Convenience Checks have been reported lost or stolen. A $10 fee will be charged for each
returned Visa Convenience Check.
14. Foreign Transactions. Purchases and Cash Advances made in foreign countries and foreign currencies will be billed in U.S. Dollars. The conversion rate to dollars will be at (i) the wholesale market rate or (ii) the government mandated rate, whichever is applic-
able in effect one day prior to the processing date, increased by one-percent. On foreign transactions you agree to pay all currency exchange charges.
15. Merchant Disputes. We are not responsible for the refusal of any merchant or financial institution to honor a Card or Visa Convenience Check.
16. - -
Security Interest. To secure your Account, you grant us a purchase money security interest under fife uniform commerctai roue in any goods you purcnase using me Amuum. n you ueiewr, M run naYC PIC flyllt N ICUUMI •ny VI umao yuvuZ 10161 G dui
been paid for through our application of your payments in the manner described in paragraph 8.
Pledge of Share Aecanga) • MOTE: To secure your Account, you pledge to as and great a security Interest in all joint and individual accounts you have with Members let Federal Credn Union now and In the future,
except slgtas to bmUM" RatUsmat Accouab ad acconab where the pledge or transfer of which would cause the lose of a tax-exempt or tax-deferred stab-. You outhorin an to apply the halance In these
aeceua(s) to pay aq aeounts da under this Agreement If yon should default.
17. Fees and Other Charges. The following fees and other charges will be added to your Account, as applicable:
A. Annual Fee
Visa Platinum .............. None
Visa Gold ................. None
Visa Classic ............... None
Visa Classic Rate Shaver ..... None
B. Late Payment Charges. If you fail to pay the minimum payment on your Account within five (5) days of the Payment Due Dale, a late payment charge of $30 will be added to your Account.
C. Over-Limff Charge. If your Account balance exceeds your credit limit at any time during the statement period, an over-limit charge of $15 will be added to your Account.
0. Returned Check Fee. If a check or share draft used to make a payment on your Account is returned unpaid because of insufficient funds or for any other reason, you will be charged a fee of $10 lot each item returned.
E. Returned Statement Fee. You will be charged $1 for each monthly billing statement that is returned.
F. Copies of Visa Transaction Receipts and Statements. You will be charged $3 for each copy you request of a receipt for any purchase, credit or Cash Advance or of a monthly billing statement (except in connection with the resolution of a billing error.)
18. Skip Payment Option. We may allow you, from time to time, to omit a monthly payment. We will notify you as to any month in which the option is available. If you omit a payment, Finance Charges will accrue on your balance in accordance with this Agreement.
A skip payment does not extend the period within which you must pay the New Balance in order to completely avoid finance Charges on purchases. A minimum payment will be due in the month following the month in which you skip your payment.
19. Effective Agreement. This Agreement is a contract which applies to all transactions on your Account, even though the receipts you sign or receive for purchases, credits, Cash Advances or other transactions may contain different terms. We may amend this
Agreement from time to time by sending you written notice. If required by applicable law, we will give you written notice before the effective date of the amendment. To the extent applicable law permits, and as we indicate in our notice to you, amendments will
apply to your existing Account balance as well as to future transactions. This Agreement shall be construed in accordance with the applicable laws of the Commonwealth of Pennsylvania and applicable federal laws.
YOUR BILLING RIGHTS - KEEP THIS FOR YOUR RECORDS
This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.
NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR MONTHLY BILLING STATEMENT.
If you think your monthly billing statement is wrong, or if you need more information about a transaction on your statement, write us on a separate sheet of paper at the address listed on your statement. Write to us as soon as possible. We must hear from you no later
than 60 days after we send you the first statement on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights.
In your letter, give us the following information:
• Your name and Account number
• The dollar amount of the suspected error.
• Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about.
It you have authorized us to pay your monthly billing statement automatically from your Savings or Checking Account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three (3) business days before the auto-
matic payment is scheduled to occur.
YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE.
We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the statement was correct.
After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to send statements to 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 of your statement that are not in question.
If we find that we made a mistake on your statement, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the ques-
tioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a ques-
tion about your statement. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is.
It we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your statement was correct.
SPECIAL RULE FOR CREDIT CARD PURCHASES.
If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There
are two limitations on this right: (a) you must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (b) the purchase price must have been more than $50.
These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services.
KARL M. LEDEBOHM
ATTORNEY-AT LAW
P.O. BOX 173
New Cumberland, PA 17070-0173
Phone: 717-938-6929
Fax: 717-932-0317
Of Counsel: Richard P. Mislitsky, Esq.*
March 12, 2009
(Via Certified and regular mail)
Debra A. Page
3401 Ritner Highway
Newville, PA 17241-9130
RE: Members 1st Visa Account No.: )3467
Dear Ms. Page:
THIS CORRESPONDENCE IS FROM A DEBT COLLECTOR. THIS
LETTER AND ANY SUBSEQUENT CORRESPONDENCE FROM THIS OFFICE
IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED MAY BE USED FOR THAT PURPOSE. AN IMPORTANT
STATEMENT OF RIGHTS IS INCLUDED ON THE REVERSE OF THE
SECOND PAGE OF THIS LETTER.
Members 1st Federal Credit Union ("Members 1st") has requested my office to
collect the amounts due to Member's 1st under the above account.
As you know, you are in default of your obligations under the above Members 1"
Visa Account (the "Account") due to your failure to make the payments required under
the Account in a timely manner. The last payment on the Account was received by
Members 1st on or about October 1, 2008. As a result of your defaults, Members 1st
hereby accelerates all amounts due to Members 1st under the Account and hereby
demands the payment of all amounts due to Members 1st under the Account in the
amount of $16,189.80 itemized as follows:
1. Principal $15,158.99
2. Unpaid Finance Charge 637.81
3. Unpaid other fees 225.00
4. Legal Fees 168.00
5. Total due to Member 1st as of 3/ 12/09 $16,189.80
If you fail to deliver to my office at the address set forth above payment of the
$16,189.80 within thirty (30) days of the date of this letter, Members 1st will have no
*Also practices independently as Richard P.
Exhibit "B"
choice but to file a legal action against you to collect all of the amounts due under the
Account without further notice. In such event, in addition to the above amounts, you may
also be responsible for the payment of additional reasonable legal fees and costs of suit
incurred by Members I".
Nothing herein shall constitute or be construed as an agreement on behalf of
Members 1St to accept any terms and conditions in exchange for payment of the amounts
due under the Account except for the immediate payment of all amounts due to Members
I". Nothing herein shall constitute a waiver of any rights or remedies which Members
1St may have under any written agreement or at law or in equity to collect the balance of
the indebtedness due under the Account without further notice, including, without
limitation, the right to accept and apply any partial payments made on the Account
without waiver of any demand for payment in full of all amounts due under the Account.
Nothing herein shall constitute an agreement on behalf of Members 1St to postpone or
extend the maturity date of the obligation.
Members 1St looks forward to the payment of the $16,189.80 on or before April
11, 2009.
Very true yours,
I Karl 1VI. Ledebohm
CC: David Thomas, Collections Officer
KML:11
NOTICE
This letter is an attempt to collect a debt.
It you dispute the validity of this debt, or any portion thereof, and you notify the
undersigned debt collector in writing within thirty (30) days of the receipt of this notice
that you dispute the debt or any portion thereof, the undersigned debt collector will obtain
verification of the debt or a copy of a judgment against you, if any, and mail to you a
copy of such judgment or verification.
If you do not dispute the validity of the debt or any :portion thereof within thirty
(30) days of the receipt of this notice, the undersigned dot collector will assume the debt
to be valid.
If the original creditor of this debt is different from the creditor stated on the front
page of this letter, the undersigned debt collector will provide you with the name and
address of the original creditor upon written request from you within thirty (30) days of
your receipt of this notice.
The "undersigned debt collector" means the name signed at the end of this letter
appearing in print at the top of this letter.
Postal 7 U.S.
Er
1? CERTIFIED MAIL (Domestic
Only; ,
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MMMWERS 1sr FEDERAL
CREDIT UNION
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: PENNSYLVANIA
`V's• NO.:
DEBRA A. PAGE
DEFENDANT. : CIVYX, ACTION-LAW
VnMCATTON
I, David Thomas. Lead Collector for Manbers 1" Federal credit union. being
authorized to do so on behalf of Members 1" Federal Credit Union, hereby verify that the
statements made in dw foregoing Pleading art true and vomit to the best of my
information knowledge and belief- I underAm d that false atatements we made subject to
the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to
authorities.
Members 1'` Federal Credit Union
David Thomas, Lead Collector
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P78-50 Po ATtY
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Sheriffs Office of Cumberland County
R Thomas Klineof ?auvjb,?tfEdward L Schorpp
D Solicitor
Sheriff
Ronny R Anderson Jody S Smith
ti-IFF Civil Process Sergeant
Chief Deputy
SHERIFF'S RETURN OF SERVICE
04/30/2009 08:12 PM - Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on April
30, 2009 at 2012 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant to wit: Debra A. Page, by making known unto herself personally, defendant at 3401 Ritner
Highway Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to
her personally the said true and correct copy of the same.
SHERIFF COST: $38.32 SO ANSWERS,
?4g??
May 04, 2009 R THOMAS KLINE, SHERIFF
2009-2612
Members 1St FCU
VS
Debra A. Page
By- '?J/ / /
Deputy Sher'
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Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 ST FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
DEBRA A. PAGE
DEFENDANT
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: NO.: 09-2612 Civil Term
: CIVIL ACTION-LAW
PRAECIPE
Please enter judgment in the above captioned proceeding in favor of Members 1St
Federal Credit Union, Plaintiff, and against the Defendant, Debra A. Page, in the
amount of Seventeen Thousand Eight Hundred Twenty-one and 80/100
($17,821.80) Dollars together with additional attorney's fees and costs of suit and
interest at the legal rate on and after the entry of judgment on the complaint
through the date of payment. Judgment is entered pursuant to Pa. R.C.P. 3031 for
failure to file an Answer on behalf of Debra A. Page to Plaintiffs Complaint
within twenty (20) days of service thereof and after a 10-day Notice was sent.
Date: June 3, 2009
,edebohm, Esquire
Court ID #59012
(717)938-6929
Attorney for Plaintiff
I hereby certify that notice of intent to take a default judgment was forwarded to
Debra A. Page by United States Mail, First Class, postage prepaid on May 22, 2009. The
aforesaid notice was contained within an envelope bearing the return address of the
undersigned. The notice has not been returned to the undersigned as undeliverable or
otherwise. A copy of the notice and Postal Form 3817 are attached hereto and marked
Exhibit "A".
M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
MEMBERS 1sT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
DEBRA A. PAGE
DEFENDANT
TO: Debra A. Page
3401 Ritner Highway
Newville, PA 17241-9103
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 09-2612 Civil Term
CIVIL ACTION-LAW
IMPORTANT NOTICE
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM
REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT
CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST
YOU WITHOUT A HEARING, AND YOU MAY LOSE PROPERTY OR OTHER
IMPORTANT RIGHTS. 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
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
Date: May 22, 2009
! - UNI M SIAM
• Certificate Of Mailing
rna ioR ?i?
Fr"m
- Karl M. Ledebohm, Esq.
- P.O. Box 173
- New Cumberland, PA 17070-01
ro
PS Form 3817. AprA 2007 PSN 7530-02-000-9065
Respect ly submitted,
arl M. Ledebohm, Esq.
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
Attorney for Plaintiff
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Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1sT FEDERAL : IN THE COURT OF COMMON PLEAS
CREDIT UNION : CUMBERLAND COUNTY,
PLAINTIFF : PENNSYLVANIA
Vs. NO.: 09-2612 Civil Term
DEBRA A. PAGE
DEFENDANT : CIVIL ACTION-LAW
NOTICE OF JUDGMENT
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM
REQUIRED TO INFORM YOU THAT THIS NOTICE AND ANY SUBSEQUENT
CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT
A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
TO: Debra A. Page
3401 Ritner Highway
Newville, PA 17241-9103
You are hereby notified that on tJ i1ne q44 2009 the following
judgment has been entered against you in the above captioned case:
Judgment in favor of Members I" Federal Credit Union, Plaintiff, and against the
Defendant, Debra A. Page, in the amount of Seventeen Thousand Eight Hundred
Twenty-one and 80/100 ($17,821.80) Dollars together with additional, attorney's
fees and costs of suit and interest at the legal rate on and after the entry of
judgment on the complaint through the date of payment. Judgment is entered
pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Debra A.
Page to Plaintiff's Complaint within twenty (20) days of service thereof and after
a 10-day Notice was sent.
Dated:
is:
P thonotary
I hereby certify that the proper person to receive this notice under Pa. R.C.P. 236
Debra A. Page
3401 Ritner Highway
Newville, PA 17241-9103
A: Debra A. Page
Por este medio se le esta notificando que el de
2009, el/la siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el
caso mencionado en el epigrafe.
Fecha:
Protonotario
Certifico que la siguiente direccion as la del defendido/a segun indicada en el certificado
de residencia:
Debra A. Page
3401 Ritner Highway
Newville, PA 17241-9103
Dated: June 3, 2009
M. Ledebohm, Esquiu
eme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff