HomeMy WebLinkAbout09-8724ORIGINAL
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF PENNSYLVANIA,
successor by merger to OMEGA BANK
SAXTON OFFICE,
Plaintiff,
V.
JOHN SMITH and
BRENDA K. SMITH,
Defendants.
CIVIL DIVISION
NO.. Oq - 87014
ISSUE NO.:
TYPE OF PLEADING:
CivilTe.rM
CIVIL ACTION -COMPLAINT
IN BREACH OF CONTRACT
COUNSEL OF RECORD FOR
THIS PARTY:
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERV :;AAGGAST OR A DEFAULT JUDGMENT
MAY BE YOU.
AT:PORNEY FOIEPLAINTIFF
Scott A. Dietterick, Esquire
Pa. I.D. #55650
Kimberly A. Bonner, Esquire
Pa. I.D. #89705
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
4140 East State Street, Hermitage, PA 16148
AND THE EF
1920 E ree a aberland, PA 17070
ATVORf ] F( AINTIFF
JAMES, SMITH,DIETTERICK
& CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE
ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET
SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY
PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30)
DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30)
DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL
ESTATE.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF PENNSYLVANIA, CIVIL DIVISION
successor by merger to OMEGA BANK
SAXTON OFFICE,
Plaintiff, : NO.:
V.
JOHN SMITH and
BRENDA K. SMITH,
Defendants.
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 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 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.
PENNSYLVANIA LAWYER REFERRAL SERVICE
PENNSYLVANIA BAR ASSOCIATION
100 South Street
P.O. Box 186
Harrisburg, PA 17108
Telephone: (800) 692-7375
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF PENNSYLVANIA, CIVIL DIVISION
successor by merger to OMEGA BANK
SAXTON OFFICE,
Plaintiff, : NO.:
V.
JOHN SMITH and
BRENDA K. SMITH,
Defendants.
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de
las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro
de los proximos veinte (20) dias despues de la notification de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A
UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE
ENCONTRAR ASISTENCIA LEGAL.
PENNSYLVANIA LAWYER REFERRAL SERVICE
PENNSYLVANIA BAR ASSOCIATION
100 South Street
P.O. Box 186
Harrisburg, PA 17108
Telephone: (800) 692-7375
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF PENNSYLVANIA,
successor by merger to OMEGA BANK
SAXTON OFFICE,
Plaintiff,
V.
JOHN SMITH and
BRENDA K. SMITH,
Defendants
CIVIL DIVISION
NO..
CIVIL ACTION - COMPLAINT IN BREACH OF CONTRACT
AND NOW, comes First National Bank of Pennsylvania, successor by merger to Omega
Bank Saxton Office ("Plaintiff'), by and through its attorneys, James, Smith & Dietterick, and
files this Complaint in Breach of Contract as follows:
1. The Plaintiff is First National Bank of Pennsylvania, successor by merger to
Omega Bank Saxton Office, having its principal place of business located at 4140 East State
Street, Hermitage, Pennsylvania 16148.
2. The Defendants are John Smith and Brenda K. Smith are adult individuals
residing within the Commonwealth of Pennsylvania, whose last known address is 1920 Elm
Street, New Cumberland, Pennsylvania 17070.
3. On or about April 16, 2007, Defendants executed and delivered a Note in favor of
Plaintiff in the original principal amount of $20,000.00 ("Note"). A true and correct copy of said
Note is marked Exhibit "A", attached hereto and made a part hereof.
4. Under the terms of the aforesaid Note, Plaintiff is entitled to accelerate payment
of the principal balance, accrued and unpaid interest and all other sums due and owing under the
terms of the Note upon the occurrence of an event of default, including but not limited to, the
failure to pay monthly installments of principal and interest when due.
5. The aforesaid Note has not been released, transferred or assigned by Plaintiff.
6. Defendants have breached their duty imposed by the aforesaid Note and are in
default under the terms of the said Note for, inter alia, failing to make monthly installments of
principal and interest when due.
7. Any and all conditions precedent to payment to Plaintiff have been satisfied.
Notwithstanding Plaintiffs demands for payment, Defendants' obligations under
the terms of the aforementioned Note remain unsatisfied.
9. The amount due and owing Plaintiff by Defendants is as follows:
Principal $ 18,308.49
Interest through 12/9/09 $ 429.02
Late Charges $ 336.50
Attorneys' Fees and Costs $ 1,907.00
(15% of amount due)
TOTAL $ 20,981.01
plus interest on the principal sum ($18,308.49) from December 9, 2009, at the contractual per
diem rate, plus additional attorneys' fees and costs.
WHEREFORE, Plaintiff demands judgment in its favor and against Defendants for
the total amount due of $14,643.56, with interest on the principal sum ($18,308.49) from
December 9, 2009, at the contractual per diem rate, plus additional late charges, attorneys' fees
and costs.
JAMES, SMITH, INEXT*fI K & CONNELLY LLP
BY:
Scott A. Dietterick, Esquire
PA I.D. # 55650
Kimberly A. Bonner, Esquire
PA I.D #89705
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
r
E)=IT "A"
CONSUMER LOAN AGREEMENT - OPEN END Omega Bank Saxton Office
c/o Omega Financial Corporation, PO Box 298
State College, Pennsylvania 16804
(877)861-7800
LOAN NUMBER ACkEEMEN'I' DATE. LINE OF CREDIT
,W101.IN'T DRAW EXPIRATION
DATE MATURI'T'Y DATE
300026653 April 16, 2007 $20,000.00 April 16, 2017 April 16, 2017
LOAN 14114POSF.: Unsecured Line of Credit
BORROWER INFORMATION
John Smith Brenda K Smith
25 1lunlers Chase 25 Hunters Chase
Esters, PA 17319 Etters, PA 17319
LOAN AGREEMENT. This Consumer Loan Agreement will be referred to in this document us the "Agreement."
LENDER. "Lender," "you" or "your" meats Omega Bank Saxton Office whose address is c/o Omega Financial Corporation, PO Box 298,
State College, 1'ennsyl•amu 16804, its successors and assigns.
BORROWER. "Borrower," "I," "my" or "me" means each person who signs this Agreement.
L as the Borrower under my Account, agree to the terms and conditions with the Lender us follows:
IN'T'EREST RATE. AND SCHEDULED PAYMENT CHANGES. The initial variable interest rate on this Agreement will be 10.750'7 per
imam. This loan is subject to a daily periodic rate of 0.029452%and an -ANNUAL PERCENTAGE RATE ••' of 10.750%. This interest
rate may change on May 16, 2007 and on the sane day of each month thereafter. Each date on which the interest rate may change is called the
"Change Date." On the Change Date, Lender will calculate the new interest rate based on Prime Rate as published in the Wall Street
Journal's Money Rates Section. Where a range of rates is published, the highest applicable rate will be selected for purposes of
determining the Index in effect on the Change Date (the "Index") plus 2.500 percentage points (the 'Margin"). If the Index is not available at
that time, Lender will choose a new Index which is based on comparable information. The Index is used solely to establish a base from which
the actual rate of interest payable under this Agreement will be calculated, and is not a reference to any actual rate of interest charged by any
lender to any particular borrower. The interest rate on the first Change Date will not be greater than 15.75096 or less than 5.00(r/e. Thereafter,
the intcrest rote will never increase or decrease on any Change Date by more than 5.000 percentage points from the rate applicable in the
preceding period. Thc interest rate will never be greater than 18.000% or less than 5.000%.
Nothing contained herein shall be construed us to require the Borrower to pay interest at a greater rate than the maximum allowed by low. An
increase in the interest fates will result in a higher payment amount. Interest on this Agreement is calculated on a 365/365 doy basis. The unpaid
balance of this loan alter Maturity, whether by accelcrutiom or otherwise, shalt be subject to a Post-Maturity Rule of interest equal to the same
fixed or variable rate basis in effect before maturity.
If the interest role assessable under the terms of this Agreement, or any other fee or charge culled for exceeds permitted limits, us interpreted by
applicable law, then such rate, fee, or charge will be reduced to the permitted limit. As selected by you, any excessive amount already paid by
rte will be credited to my loun or refunded to me. The effect of this is intended to be construed as equivalent to the excessive rate, fee, or charge
not having been paid or payable at all.
PAYMENT SCHEDULE. This Agreement will be paid according to the following minimum required payment schedule: Minimum monthly
paymmenis equal to the greater of 2.500% of the outstanding balance as of the closing date of each billing statement or 525.00, unless the unpaid
balance is less than the latter amount, in which case the minimum payment will be that amount. All payments received by the Lender from the
Borrower for application to the Line of Credit may be applied to the Borrower's obligations under the Line of Credit in such order as determined
by the Lender.
IIALA,NCE ON WHICH FINANCE CHARGE IS ASSESSED. A finance charge will be assessed on the daily unpaid loan bulancc of my
Account for every day the bulancc is outstanding during the billing cycle. Finance charges begin whenever an advance is posted to illy Account,
regardless of when and how much I pay after being billed. Lender figures the finance charge for my Account by multiplying the applicable Daily
Periodic Rate by the daily unpaid loan balance for every day of the billing cycle after adding new advances anti subtracting any applied
payments or credits, unpaid late charges (if any), and unpaid finance charges. The finance charge is applied at the time any payment is made.
The billing cycle is the period of time that expires between billing statements.
MINIMUM ACCESS AMOUNT. The minimum amount that I may write any particular access device for is SI00.00. Any access device
written or submitted for less than the stated minimum amount may be rejected or returned unpaid to payee at Lendcr's option, Access devices
written for amounts above the minimum threshold can be in increments of 5100.00 above that amount.
LATE PAYMENT CHARGE. If any required payment is more than 15 days late, then at Lender's option, Lender will assess a late paymcnt
charge of 10.000% of the principal and interest portion of the amount post due, subject to a minimum charge of 520.00.
RETURNED CHECK FEE. Checks or drafts in payment of amounts owing hereunder which are returned to Lender unpaid are subject to a
returned check fee equal to: (a) the actual amount Lender is charged by the institution returning the check, draft, or order, or (b) 520.00;
whichever is greater. The amount of the returned check fee will not exceed the maximum amount allowed by 18 PA C.S.A 1410, or other
applicable law, as amended from time to time. At Lender's discretion, and after any notice required by applicable law, Lender may add such fee
to the balance owing under this Agreement.
OPTIONAL CREDIT INSURANCE. If I elect to purchase optional credit insurance, the premiums for such insurance coverage will be
charged to my Account as an advance, from Lender, to the extent permitted by law. Required disclosures related to the purchase of such
optional credit insurance will be or have began provided to rte in a document separate from this Disclosure and Agreement.
APPLICATION OF PAYMENTS. Lender reserves the right to apply the payment to my Account in any manner Lender may choose in
Lcnder's sole discretiun, to the extent permitted by law.
NEW BALANCE. The unount shown on my billing statement under "New Bulance" is the total of the amount shown under the heading
"Previous Balance" plus any amounts advanced for new advances, minus payments and credits posted to my Account, plus the assessed finance
charge and assessed laic charge (if any).
DISCRETIONARY ADVANCES. Although I will generally have credit availuble up to the portion of my Credit Limit which is unused, all
advance requests are subject to prior Lender approval.
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CREDIT LId1IT. Lender will establish a Credit Limit for my Account, at its sole discretion, at the highest amount that Lender feels is
warranted. Lender nay adjust my Credit Limit up or down from time to time at its discretion. Lender will notify me of illy Credit Limit and I
will keep the unpaid balance on my Account within the Credit Limit. Lender, at its option, may deny any attempt to access my Account which
would cause me to exceed my Credit Limit. I will pay any amount over my Credit Limit upon Lender's demand, whether or not Lender
authorized the advance(s) which caused nit to exceed my Credit Limit. Under no circumstances will I have any credit available if any aspect of
illy Account is in default. If not prohibited, and up to any limit imposed by law, Lender may charge me its normal over limit fee then in effect
fur each advuncc request that would, if honored, cause me to exceed my credit limit. Lender may impose this fee even if the advance request is
not honored.
ACCOUNT ACCESS AND LOST ACCESS DEVICES. My Account may be accessible through a variety of means, including checks,
advance vouchers, and the like ("Access Devices"). Regardless of the access means, I will pay Lender all amounts charged to my Account by the
or any authorized user who has access to illy Account with actual, apparent, or implied authority for use of my Account, including finance
charges and other costs and fees, according to the required minimum payment schedule. If illy Account is u joint account, all liability is joint and
several. If I lose or misplace any Account Access Device I will inunediatcly notify Lender. If I lose or misplace an Access Device which is a
check, and if such check is presented to and honored by Lender, then at Lender's option, I will be liable for up to the stated face amount of such
check. All Access Devices are the property of Lender and I will return all Access Devices in my possession upon Lender's request.
Lender may. at its discretion, allow me to receive a telephonic advance on my Account, by honoring illy request to charge my Account and
credit a deposit account I maintain with Lender. In such event, I must be an owner of the deposit account that 1 direct Lender to credit advance
proceeds to, and Lender's crediting of such deposit account shall be conclusive proof of the validity of the advance charged to my Account.
BILLING STATEMENTS. Lender will moil me a billing statement every month in which there is a debit or credit of more than One Dollar
(SI.00) or whenever a finance charge has been imposed. The Lender does not have to send me a billing statement if it feels my Account is
uncolleclablc or has stoned collection proceedings against me because of u default. Each periodic billing statement is deemed to be a correct
statement of account unless I establish a billing error pursuant to the Federal Truth in Lending Act.
FUTURE INFORMATION. Whenever I seek an advance on my Account, Lender may require such proof as it deems necessary to verify my
identity. I will provide information to update Lender's records related to my Account or any other financial information related to me, at
Lender's request.
MOVING. I will immediately notify Lender if I move or otherwise have a change of address.
CANCELLATION OF ACCOUNT. My Account may be cancelled by either rte or Lender, whether or not I am in default. 1 will, in any case,
remain liable to pay any unpaid balance according to the terms of my Account.
CIIANGE IN AGREEMENT. Lender may change the terms of this Agreement by mailing or delivering written notice to me of the changes
within the time limits prescribed by the Federal Truth in Lending Act and Regulation Z, or applicable state law if slate law requires a longer
notice period.
LENDER'S RIGIITS AND COLLECTION COSTS. Lender does not lose any of its rights under this Agreement if it delays enforcing them.
Ib the extent permitted by law, Lender shall be reimbursed by me for all of its costs and expenses, including reasonable attorneys' fees, incurred
in the course of collecting any amounts owed on my Account.
SETOFF. To the extent permitted by law, I give you the right to setoff any of my money or property which may be in your possession against
any amount owing under this Agreement. This right of setoff does not extend to any IRA, Keogh uccounts or similar tax deferred deposit that I
may have with you.
DEFAULT. I will be in default and you may, to the extent permitted by law, declare the entire unpaid balance of this loan immediately due and
payable if- (a) I do not keep any promise or perform any obligation under this Agreement or any other contract or Note that I may have with
you; of (b) I give you false or misleading information in order ' to obtain, or while I owe on this loan; or (c) I should die or become involved in
any bankruptcy, receivership, insolvency, or custodial proceedings brought by or against me; or (d) I should have a judgment or tax lien filed
against me or any alachmcm or garnishment should be issued ugainst any of my property or rights, specifically including anyone starting an
action or proceeding to seize any funds that I may have on deposit with you; and/or (e) you, in good faith, reasonably believe my ability to repay
the indebtedness owed under this loan, any Collateral, or your ability to resort to any Collateral, is or soon will be impaired, time being of the
very essence.
If permitted by law, I waive any otherwise required notice of presentment; demand; acceleration; and, intent to accelerate.
If I ant in default, to the extent permitted by law, without any prior notice or demand, unless required by law, I will have to pay the entire unpaid
balance of this loan and you may invoke any other remedies permitted by applicable law or, ut your option, I agree to give you the Collateral, if
any. If I do not give you the Collateral, then to the extent permitted by law, you may enter the premises where the Collateral is located and take
possession of it. You may assert the defense of a superior right of possession as the holder of a security interest to any allegation by not: of
wrongful taking and conversion. If permitted by law, I waive any right I might otherwise have to a hearing prior to a court issuing a replevin
Oder in relation to the Collateral.
To the extent permitted by law, I agree to pay all reasonable agent or attorney fees incurred by you in collecting the debt evidenced by this
Agreement or in the taking of the Collateral.
You may sell or dispose of the Property andlor Collateral, in any manner permitted by law. After appropriate application of the proceeds of any
sate, I will be liable to pay uny resulting deficiency on my loan to you, to the extent permitted by law. In taking possession of the Collutei i 1, yuu
may come into possession of ccnain of my personal property. In that event, you may hold such property for whatever period of time you feel is
.
reasonable It' I do not claim my property during such hold period, you nay dispose of it without any liability tome
ASSIGNABILITY. Lender nay assign, pledge or otherwise transfer this Agreement or any of its rights and powers under this Agreement
without notice, with all or any of the Obligations, and in such event the assignee shall have the sane rights as if originally named herein in place
of Lender. I may not assign this Agrecmem or any benefit accruing to it hereunder without the express written consent of the Lender.
GENERAL WAIVERS. To the extent permitted by law, I severally waive any required notice of presentment, demand. acceleration, intent to
accelerate, piutcst and any other notice and defense due to extensions of time or other indulgence by Lender or to any substitution or release of
collateral. No failure or delay on the part of Lender, and no course of dculing between Borrower and Lender, shall operate as a waiver of such
power or right, nor shall uny single or partial exercise of any power or right preclude other or further exercise thereof or the exercise of any
other power or right.
JOINT AND SEVERAL LIABILITY. If permitted by law, each borrower executing this Agreement is jointly and severally bound.
SEVERABli,rrY. If a court of competent jurisdiction determines any term or provision of this Agreement is invulid or prohibited by
applicable law, that tern or provision will be ineffective to the extent required. Any term or provision that has been determined to be invalid or
prohibited will be severed from the rest of this Agreement without invalidating the remainder of either the affected provision or this Agreement
IIEADINGS. The headings preceding text in this Agreement are for my general convenience in identifying subject matter, but have no limiting
impact on the text which follows any particular heading.
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ATTORNEYS' FEES AND OTHER COSTS. if legal proceedings are instituted to enforce the teens of this Agreement, I agree to pay all
costs of the Lender in connection therewith, including reasonable attorneys' fees, to the extent permitted bylaw.
GOVERN ING LAW. I understand and agree that this Agreement will be governed by the laws of the State of Pennsylvania except to the extent
that federal law controls.
ORAL AGREERIENTS DISCLAIMER. This Agreement represents the final agreement between the parties and may not be contradicted by
evidence of prior, corttetnporancous or subsmlucnt oral agreements of the panics. There are no unwritten oral agreements between the parties.
ADDITIONAL PROVISIONS. Optional Credit Insurance Premium will be calculated monthly based on outstanding balance and
added to monthly priniepal and interest payment.
By signing this Agreement on the date shown below, I acknoaledge reading, understanding, and agreeing to all Its provisions, and
receiving a comp. filled in copy of this Agreement.
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NOTICE OF CONSUMER BILLING RIGHTS
KEEP THIS NOTICE FOR FUTURE USE
In the following Notice, Borrower is referred to as "you" or "your".
This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.
NO'T'IFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL.
If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet, at Our address
shown on your bill. Write to its as soon as possible. We must hear from you no later than 00 days after we sent you the first bill on which the
error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information:
° Your name and account number
Dollar utnount 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 above.
If you have uuthurized us to pay your credit curd bill automatically from your savings or checking account, you cull stop the payment on any
amount you think is wrong. To stop the payment, your letter must reach us three business days before the automatic payment is scheduled to
occur.
YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER NYE RECEIVE YOUR WRITTEN NOTICE.
We mast acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 duys, we must either correct the error or
explain why we believe the bill Was corteet.
After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the
anount 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 or your bill that arc not in question. If we rind that we
made a mistake on your bill, 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 snake up any missed payments on the questioned amount. In either case, we will send you
a statement of the amount you owe and the date that it is due.
If you fail to pay the amount thut we think you owe, we may report you as delinquent. However, ifour explanation does not satisfy you and you
write to us within 10 days telling us that you still refuse to pay, we oast tell anyone we report you to that you have a question about your bill.
And, we must tell you the nano of anyunc we reported you to. We must tell anyone we report you to that the mutter has been settled between us
when it finally is.
It we don't follow these rules, we can't collect the first $50.00 of the questioned amount, even if your bill was correct.
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VERIFICATION
I, Raymond G. Metz, Special Assets Officer for First National Bank, depose and say
subject to the penalties of 18 Pa.C.S.A., sec. 4904 relating to unsworn falsification to authorities
that the facts set forth in the foregoing pleading are true and correct to the best of my
information, knowledge and belief.
Raymo G. etz
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