HomeMy WebLinkAbout06-3529MEMBERS IST FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
MARK J. CAPUTO and
MARIE C. CAPUTO
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: Ol. - 3SW
CIVIL ACTION - LAW
NOTICE TO DEFEND AND CLAIM RIGHTS
THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE
ATTEMPTHNG 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
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166 OR (800) 990-9108
MEMBERS 11T FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PLAINTIFF PENNSYLVANIA
Vs. NO.:
MARK J. CAPUTO and
MARIE C. CAPUTO
DEFENDANTS CIVIL ACTION - LAW
NOTICIA
Le ban 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 demanda 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 0 OTROS
DERECHOS INIPORTANTES 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
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166 or 1-800-990-9108
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
MEMBERS 1' FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY
PENNSYLVANIA
PLAINTIFF
Vs. NO.: 0? _. 33-?9 ?LC>?l. I 1
MARK J. CAPUTO and
MARIE C. CAPUTO
DEFENDANTS. : CIVIL ACTION-LAW
COMPLAINT
AND NOW, comes Members 15` 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 15` Federal Credit Union ("Members is a National
Federal Credit Union having a principal address of 5000 Louise Drive,
Mechanicsburg, PA 17055.
1
2. Mark J. Caputo and Marie C. Caputo (collectively referred to herein as
"Defendants") are adult individuals having a last known address of 203 Maple
Street, Manchester CT 06040.
Defendants submitted to Members I" in Cumberland County, Pennsylvania, a
credit card application (the "Application") for a Visa credit card issued by
Plaintiff.
4. Plaintiff accepted the Application and sent to Defendants a Visa Credit Card,
account #4287-5900-0327-7114 (the "Visa Account') and a Visa Credit Card
Agreement and Disclosure Statement.
5. On or about February 18, 2004 Defendants submitted to Members 1't in
Cumberland County, Pennsylvania a Request to Transfer Visa Account, a
copy of which is attached as exhibit "A" and is made part hereof whereupon
Defendant's Visa Account was transferred to a "Visa Gold" under the same
account number (the "Visa Gold Account).
6. The Visa Gold Account is governed by the Visa Credit Card Agreement and
Disclosure Statement (the "Credit Card Agreement and Disclosure"), a copy
of which is attached hereto as Exhibit `B" and made part hereof.
7. Pursuant to the terms and conditions of the Credit Card Agreement and
Disclosure, Defendants agreed to pay to Plaintiff monthly installments in an
amount of not less than two percent (2.09/9) of the outstanding balance on the
account or $20.00, whichever is greater.
8. Defendants have made charges against the Visa Gold Account and are in
default of Defendants' obligations under the Credit Card Agreement and
2
9.
10.
Disclosure and the corresponding Visa Gold Account as a result of
Defendants' 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 1't on or about September 30, 2005.
By letter dated May 12, 2006, addressed to Defendants, Plaintiff demanded
the payment of all amounts due under the Credit Card Agreement and
Disclosure and the corresponding Visa Gold Account. A copy of Plaintiff's
Demand is attached hereto as Exhibit "C" and made part hereof
As of the date hereof, Defendants are indebted to Plaintiff in the amount of
NINETEEN THOUSAND EIGHT HUNDRED EIGHTY-FOUR AND 14/100
($19,884.14) itemized as follows:
a. Principal $16,965.91
b. Unpaid finance charge 983.23
c. Unpaid N/A fees 15.00
d. Unpaid Late fees 120.00
d. Legal Fees* 1.800.00
e. Total due to Member 1s` as of 6/1612006 $19,884.14
*Legal fees are estimated in accordance with the terms and conditions set
forth in the Credit Card Agreement and Disclosure. Defendants will be
responsible for payment of actual, reasonable legal fees incurred by Members
I" in this matter.
11. Defendants also agreed under the terms and conditions of the Credit Card
Agreement and Disclosure that in the event of default there under Defendants
would pay, in addition to the amounts set forth in paragraph 10 above,
additional reasonable legal fees, if any, and costs incurred by Plaintiff as a
result of the institution and prosecution of these legal proceedings.
12. 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.
13. As set forth above, Plaintiff has made demand upon Defendants to make
payment of all amounts due to Plaintiff under the Visa Gold Account and
corresponding Credit Card Agreement and Disclosure and, as of the date
hereof, Defendants have failed and refused to make payment of all such
amounts due to Plaintiff.
WHEREFORE, Plaintiff, Members ls` Federal Credit Union demands judgment
against Defendants, Mark J. Caputo and Marie C. Caputo, in the amount of NINETEEN
THOUSAND EIGHT HUNDRED EIGHTY-FOUR AND 141100 ($19,884.14) 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.
Respectfully submitted,
Date: T5`?
Carl M. L&ebohin, Esq.
Supreme Court ID # : 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
7
Memberd'
FEDERAL CREDIT UNION
REQUEST TO TRANSFER VISA ACCOUNT
Primary Member Name: y416 %' p /
Members 1st VISA Account Number:-#&2/ y?7 57 /?d7 7/?10 Please transfer my existing Members 1st VISA account.
FROM:
VISA Classic
Rebate eliminated on the date of account
tr fer.
-VISA Rate Shaver
VISA Gold
Rebate eliminated on the date of account
transfer.
VISA Platinum
Air miles eliminated on the date of account
transfer.
TO:
i
r
VISA Rate Shaver
See VISA Credit Card Agreement and
Disclosure for terms and conditions.
-CZV Gold
See VISA Credit Card Agreement and
Disclosure for terms and conditions.
-VISA Platinum
See VISA Credit Card Agreement and
Disclosure for terms and conditions.
I understand that my line of credit, account owners and number of cards, will remain the same as my
existing VISA account. I further agree that at the time the account transfer is processed, any balance
outstanding will be transferred to my new account.
When you receive your new card(s), you will be instructed to call a toll-free number to activate the card.
NOTE: By transferring your account, you will immediately begin receiving the enhancements associated
with the new product; however, on the date the account is transferred, your previous enhancements will
be eliminated.
Please send my new VISA card(s) so that I may begin to take advantage of the benefits of this new card.
By your signature below you agree to be bound by the Members 1st VISA Credit Card Agreement and
Disclosure for the VISA product to which you are transferring your account.
Mother's Maiden
Primary
EXHIBIT RA„
MER91: a"
REV &01
VISA Credit Card Agreement and Disclosure
NuAnv i reverse side for important information regarding your rights to dispute billing errors.
1. Meaning of Words. The following words have the following 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.
In 'we.'us' and 'our' means Memorkss its Fern l Cseoh union, Menstruating, PA
(e) 'you" and your' means each pawn who signs the application for the Account
(d) "Card' means any Visa Credit Card and any duplicates and renewals we issue to you or m an authorized our of your Account.
(e) 'Account" means your Visa Credit Card A[FAUM wilt us.
(p 'Line of Credit" Terms the self-replenishing tine of credit a make syailable to your Account.
(g) 'Advance means any credit financed on your Account for any purchases or Cash Advances.
fit) 'Cash Advance' means (t) any man on credit extended on your Axaunt by Pit Or ormyart%, lRSI1N1INr thm aCCepia a Card, ill) any withdrawal of Coal made by using a Card and personal idmdbOllon number m an aommeened teller machine ('ATMT)
Or other type of electronic termiml 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 tram another credit Card or account.
(i) 'Visa Convenience Check' means any check that directly wro a dis your Accovot. The amount of any Visa Convenience Check paid by us is posted m a Cash Advance under your Account.
2. Haw To Use This Account. Your Account may be used to purchase or lease goods and services ('purctarral Ir=a ma¢haM by plesenling a Card W signing a Russ himmsadion receipt lot IN amount of the Continue or by giving a Card Account number
Your Account may also bye used to obtain Cash Advances'.
(a) By receiving rash or credit Irom financial reututfons that amepl a VISA Credit Card,
that provides access to IN Visa system: or
(a) Cry transferring to your Account a balance from another Credit Ord or account.
3. Responsibility. You agree to pay all Advances, finance charges and other fees or charges charged to your Account arising Irom the use of a Card, a Visa Convenience Check or the Account by you Or anyour, you rearki or permit it uaeyom Amount, aViO
Convenience Check or a Card. even it you do am mthly us thaw mlms we using your Account, a Visa Convenience Check or a Card, Your responsibility for charges made by anyone you authorize or permit to use your Amount. a Vim Convenience Crack or a Card
continues until you notify us in wriling at 5000 Louise Drive, P 0. Box 40, Mechanicsburg, PA 17055, and recover and destroy any Visa Convenience Check or Card in such persons possession. Your obligation to pay the Account balance Continues regardless of
me terms of any agreement, divorce deeree, or other court judgment to which we are not a para. If more Iran one person signs the em ical for the Amount you are each many and severally responsible for all charges on Me Account
l Llablllty for Unauthorized Use. You u0der51a0d that your total twouty to us elan nWexCead Fifty DpllMS(g$D)mrsuNing imm, hie loss. then or other u0autnbrEea use of a Card mat Occurs pr10r to the time you give notice too Such limitation does not apply
when a Vim Convenience Check is used.
5. Lost Card Notification. If you believe a Card or any Visa Convenience Check has Often fort of stolen, you most immediately roll us at (717) 795-0032 or 1(Bg0)-2BB-2328 during normal bustrom hours. After business from (nights and weekends) or on hol-
idays, lost or stolen Cards or VISA Convenience Cheks must be reported by calling 1(800)-325-3875
B, CIatIpe. It we approve your appBGllpn, Me will establish a Life of Credit for you and amity, you of its amount when we issue aCard - This amount Is your credit limp for the Account. YOU ago not to If me Account balance exoecd this approved credit tool
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 increv a 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 few, with only such nonce as is required by applicable law. You may arm (exminut has Aot i of any lime, our tnmmmlon by either of us does not agora your obligation to
pay Its Account Colonel To terminate Ibis Agreement, You must nobly, us in writing at 5000 Louise Drive, P. 0. Box 40, Mecranicsowg, PA 17055, and recover and surrender to us all Cards, and any Iwed but unused Vim Conventions Checks. They remain our
property.
7. Credit Information. You authorize us to investigate your credit standing when opening, hearing or reviewing your Account. and you Pol lm us to disclose information mgiodury your Amount Woedlr tu,mszm now ch011onswho louhe m us about your
credit standing.
8. Payments. We will mail you a billing statement every month showing your Previous Balance comprised at purchases wor Cash Advances, the current tranmdions on your Account, your credit limit, the available crepit, the New Balarce, the Finance Charges for
the billing cycle, and the Minimum Payment required. Each month you most pay at Imst the Minimum Payment shown on your statement by the Payment Due Date shown on the statement or no later than 25 days from rho movement Cat Do%. whkhaver is
later. If your statement says your peymenlis 'Now Due- your payment is on no Inter than 25 rimy-. Isom the outpu mClosing Data, you may pay more Irequently, pay more than the Minimum Paymmal or pay the New Balance in full. If you make extra or larger
payments, you are still required to make m last the Minimum Payment man month your Amount has a balance pber Ihan a credit balance)
The Minimum Payment will be oilier a) Two percent 12%) of your New Balance or $20, whichever is grmler, plus any pohio0 Of the Minimum Payment shown on prior slalemerds) which remains unpaid. or b) your New Balance, if it is Ins than Twenty Dollars
(820).
Vie also ha the Togo to demand Immediate payment of any amount by which your New Balance is aver your credit limit.
We will apply your payments first to any Ins, then to Finance Charges on min Cab Advances and purchases, men to previously billed Cash Advances, then to phviously billed formal then to new Cash Advances ago then to new Purchasers.
We may accept checks Marked 'payment in full' or with words of similar elect without losing any of our rights to collect the full balance of your Axounl.
9. Finn Charge.
A. The current monthly P9rlodic Bale and corresponding Annual Percentage Rate are rat forth 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 Proposal Bale call change on the first G(eMat day of the (am billing of%C,sed, miendm gU3no. The margin for Visa Platinum is
5 W% for both Nicholas and Cash PhAmma. The mmgin for Vim gold is 5 D)% for both purchases and Cash Advances. The margin for Vim Classic is 5.50% for both purchases and Cash Advances. The margin for Mm Classic Rate Shaver is 2,00%for
both purchasm and Cash Advances. smbfect to a mfnfmum Annual Percentage Rate of 9.9% for the Visa Classic Rate Shaver program. The index is the highest Prime Rate published In the money htee section d the Wall Strew Journal. The index will
be measured as of the land business day other endemalely prmeding mlemb r quarter Any increase in the Arel Percentage Bale may Cause the amount of may minimum monthly payment to increase. Alsa.youmay harew mY ooh payments. The Anmml
Percamaae Rate will never exceed 21%a(the maximum allowed W laou whkham as lass. The morl Periodic Rate is equal to one-Meltln (1/12) of the Annual Percentage Rafe
is lamer and
The Financ
Balance is paid in lull or until the date
The Fimnce Chasge on pusdowens fa I
in the cycle. Each daily balance is deli
Charges.
10. Dol You will be in defaut it you halt to
Finance Charge will be imposed on Cash Aovancm from the data made or from the firs) day of the billing cycle in which the Cash Advance is paved to your Account. whichever
by applying me Monthly Periodic Rate at the whfage an ly amoral of Cash Advances, which Is omwmew by dividing the sum of me sally bahnco during do hllling cycle by the
the beginning balance of Cash Advances on your Amount each day adding any new Cash Advances, and subtrapand any payments or credits pat are applied to Cash Advances but
ading New Credit Purchases): A Finance Charge will be imposed on purchases only i( you elect seal to pay me re its New Ba%i scram on your monthty billing statement for the previous billing cycle on
al. It you aim not to pay the entire New Balance shown on your previous monthly billing statement W has Payment Due Date, a Finance Charge will be tmpased on the unpaid average dally baance at pumhow
on new purchases from the data of posting 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 No
ant it later than the Payment Due Date.
plays is composed by applying die monimy Periodic Bate to the average daily balance or pumhaces, Mich is abandoned by dldtling the mm of the daily balances during the billing cycle by the number of days
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 Fimme
we heyour a may substantially reduce your ability m repay net you On, When you are in del we can
will continue to pay interest, at the applicable interest rates in effect under mus Aye^..rtrenr, area kmar you
applied towards what yam on. We min also lake appropriate action as authorized under the Uniform Con
be required to pay our collection expenses, including court costs and reasonable Mornm' Tams. We ran
11. Using the Card. You may use a Card, Card Account nundd r debtor PIN to make transactions on your.
ase o permit anyone to use a Card or your Account for any hanmmion that is illegal under applicable a
and/or other related services may Ce terminated at Our discretion. You further agree, should illegal use or
less from any suits or other legal actlon or liabolty, droway or indirectly. resulting from such illegal use, N
fare chargm related to amine gambling.
Print Date 3x02
state or
any
CONTINUED ON REVERSE
EXHIBIT "Brr
eel. You will min default If you die, file for hamtmplq, or
on. YOU will also be indehuld If something happensoh h
u advance radial. If Immediate paym adunoded, you
given as security for payment under this Agreement ran he
m. To the extant permitted by applicable law, you will also
a service
us rarm-
we will
12. Return and Adlustmenle Merchants and others who honor a Card may give credit or realms or adjustments, and may will do so by sending us a credit lansadion repaint. much we will post to your Account, If your credits and payments exceed wralyou
ov5 us, we will hold and apply this credit balance toward all purchases and Cash Advances, or if it is one dollar or more, refund it on your wrmen mm!St d amwrMkelly also six months.
1S. Using visa emennlnw Chet". You may use you, Visa Convenience Chase. it equable, as you would use a Card to make a purchase or payment or to resive Cash Your Visa Convenience Checks dtrectly access your Account All Visa Convenience
Checks card by ee arc treated a$ Cash Advances Ml and, except b5 otherwise indicated, are subject to all terms of this Agreement penalning to Cash Advances and to the It additional terms'.
A. No Visa Convenience Check may be used to make a payment on your Account.
6. Only the person whose mm epmats an a Vasa Connivance, Cheri may un them.
C. Visa Convenience Checks must be written in U.S. Cellars. Visa Convenience Checks may net be cedifiral
0. We may return a Vim Convenience Check unpaid if there is not enough available credit onyou, Amount to pay it, If your Account is in default, or it a Card or any Visa Convenience Checks have bnn reporled lost of stolen A$10 fee will be charmal far soda
returned Visa Convenience Check.
14. Foreign Transedlons.Purchase; and Cash Advances made in foreign countries and foreign currenctue will be billed in U.S.Dollars. The conversion rate to dollars will be at (I) the wholesale market rate or too the government mandated rule ,whichever isapphc-
able in effed one day prior to the processing date, iPareaod by or s-pe,rant. On foreign naneadions you agree to pay all curreney exchange Charges.
15. Merchant Disputes. We are not responsible for the rausal of any merchant or financial iMUWtlan to honor a Card V Visa Convenience Check.
16. Saepdly Interest. To Mature your Amounl, you grant us a purchase money security interest under the Uniform Commercial Code in any goods you purchase using the Account. If you accoll, we will bane the right 10 recP'2f any of these goods which have Pot
been lad for through our application of your payments in the manner described in paragraph B.
Pledge of Sbm Acommgsl • HATE: Townnyour htt=M, you pledge to n ON grant a muitty IMerM In all lplat Said Individual Sewwts you haw wiM Nsntbm lot Federal Credo UNION New Said In Use fUtw%
eceeO ahem ie Individual Ratkani d Acomt, and acnunts whom the pledge or trmWer of which wwid now the New of a tax-exempt or tesdafxm mM. You Nhmlw n N apply the holnn is Moe
accoungsl w pry a" amours due undw this Agmment p you should defwlt.
17. Fees and Most charges. The tollowing lees and ether charges will be added to your Account asapplicsble:
A. Annual Fes
Visa Platinum...... None
Visa Gold. Have
Visa Classic... . None
Visa Classic Aare Shaver . None
B. Late Payment Charges. If you fall to pay Ore minimum payment on yaw Aw" within live (5) days of she Paymem Cue Dare, a Ina payment charge at $30 will be added to your Amount.
C. Over-I Charge. II your Account balance excnde your credit limit at any lime during the statement period, an everlimit charge of $15 will be added to your Account.
A. Retumed Check Fee. II a check or share draft used to make a payment on your Amount is returned unpaid because of toufftcienl funds or for any other reason, you will be charged a fee of $10 for each item returned.
E. Rammed StatsmeM Fee. You will be charged at for each monthly billing statement teat is returned,
F. Copies of Vlu TranseMlon Receipts and Statements. You will be charged S3 breach copy you request of a receipt for any purchase, credit or Cash Advance or of a monthly billing statement pined in nonection with the resolution of a billing error.)
18. Skip PaymM Ogden. We may allow you, from time to time, to omit a monthly payment, We will rally you as to any month in width the option is available. If you omit a payment, Fineman Charges will =us pre your balance in accordance with this Agreement.
A skip payment dos not spend the period eight worth you must pay the New Balance in order to completely avoid Finance Charges on pmdasea. A minlmum payment will be duo m fn month iOlmTg the momh in whibe you skip you, paymenl.
19. Etha llra Agnw". This Agreement is a Mnmad which applies to all lmoactioo on your Account, wen though the receipts you sign or receive for purchases, Credits, Cash Adam or other transactions may comam difleranl terms. We may around [his
Agreement Iron time to time by sending you written notice. It recurred by applicable law, we will give you wrinn notice Parrs the effective date of the amendment. To the extent applicable law permits, and as we incident in our notice to you, amendments will
apply to you, existing Account balance as well as la tutors transactions. This Agreement shall be construed in accordance with the applicable laws of the Commenanallh of Pemuylvm and applicable lowest laws.
YOUR BILLING RIGHTS - KEEP THIS FOR YOUR RECORDS
This rules contains impormnt Inlommlion about your rights and our responsibilities under the Fair Credit Billing Ad.
NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR MONTHLY BILLING STATEMENT.
If you think your monthly bit uq statement is w ci a h you reed mme immmpor Mered a fm=ton on your Bremer, write us on a separate sheet of paper at the address listed of your statement. Write to us as son as mssl0le we must on, from you no later
than 50 days alter we send you the firm statement on which the error or problem appeared. You ran telephone us, but doing so will not preserve you, rights
in your letter, give us me fallowing information:
• Your name arA Account number
• The dollar amount of the suspected error,
Describe the error and explain, if you on, why you Milne there is an error It you need more information. describe the item you are not sure about.
If you have authorized us to pay your monthly billing statement automatically firm your Savings or Checking Account, you can sop the DarvA pre any amount you think la wrong. TO stop the Payment your order must mach us three (3) business stays before the auto-
made payment is scroll to OWUr
YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE.
We must acknowledge your leilerwithin 30days ,unless are have corroded the error by men. Within 90 stays, a must either normal the error or explain My was behove the statement was correct.
After we receive your letter, we cannot try to tolled any amount you merlon, or repair You as delinquent. We tun continue to send statements la You Ire the amount you question, Mmuflng ftnanrc charges, and we Mn apply any humid amount against your credit limit.
You do not he" to pay any questioned amount while we are Investigating, but you are still obligated to pay the pads of your statement that are not in quesbrn
It we line that we more, a exstak¢ on yon sMwem, you will not have to pay airy Prance charges related to any Questioned amount. If we otdn I make a mistake, you may have to pay flnance charges, and you will have to make up any missed paymeres an the ques-
ilonee amount. In either Mae, w will send you a statement of the amount you owe and the date that It is due,
Il you fall to Pay me amount that we think you am an may reach you as delinquent, rhami, it our "planation does not sandy you and you write to as within (on days telling us that you sell moss a my, we must tell anyone,me a raft an to that nV han a Mae-
IIOn about Your state AL And we four hot you to Mme of avyone we heron you fo. We most cell anyone we report You to flat the matter has been semed between us when if finny is,
If we don follow them rules, we Mn't tolled the first $50 of the qunltOned amount, wen if your stammers was come.
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 bled in good faith to rolled the problem with the merchanl, you may have the right flat to pay the remaining amount du: on the property or services. There
am two limitations on this light (a) you must have made me purchase in your home state of if not within your home male within 100 miles of your current mailing address, and(b)the purchase Price most have ban more than SSW.
These limitations as not apply if we men or operate the merchant, or it we malted you the a eNt mat lm the piWMy of movm M.
KARL M. LEDEBOHM
ATTORNEY-AT LAW
P.O. BOX 173
New Cumberland, PA 17070-0173
Phone: 717-938-6929
Fax: 717-932-0317
May 12, 2006
(Via Certified and regular mail)
Mark J. Caputo
Marie C. Caputo
203 Maple Street
Manchester CT 06040
RE: Members 15` Visa Account No.: 4287590003277114
Dear Mr. Caputo:
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 I" Federal Credit Union ("Members I"") 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 I"
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 151 on or about September 30,200S. As a result of your defaults, Members l"
hereby accelerates all amounts due to Members I" under the Account and hereby
demands the payment of all amounts due to Members I't under the Account in the
amount of $19,404.96 itemized as follows:
1. Principal $18,084.14
2. Unpaid finance charge 983.23
3. Unpaid N/A fees 15.00
4. Unpaid Late Fee 120.00
5. Legal Fees 20159
6. Total due to Member I" as of 5/12/06 $19,404.96
EXHIBIT "C"
If you fail to deliver to my office at the address set forth above payment of the
$19,404.96 within thirty (30) days of the date of this letter, Members 1` will have no
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 15`
Nothing herein shall constitute or be construed as an agreement on behalf of
Members I" 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
151. Nothing herein shall constitute a waiver of any rights or remedies which Members
I5` 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 IS` to postpone or
extend the maturity date of the obligation.
Members 1 S1 looks forward to the payment of the $19,404.96 on or before June
12, 2006.
Very truly y s,
#arM.debohm
CC: David Thomas, Collections Officer
NOTICE
This letter is an attempt to collect a debt.
It you dispute the validity of this debt, or any portion thereof, and you contact the
undersigned within thirty (30) days after receipt of this Notice, you will be furnished with
written verification of the debt; provided, that if a lawsuit has been filed against you to
collect this debt before the expiration of the thirty (30) days, the complaint filed in said
lawsuit will constitute written verification of the debt.
If you do not dispute the debt or any portion thereof as stated above, the
undersigned will assume the debt is valid.
If the original creditor of this debt is different from the creditor stated on the front
page of this letter, the undersigned will provide you with the name and address of the
original creditor upon written request from you within thirty (30) days of receipt of this
notice.
The undersigned means the name signed at the end of this letter appearing in print
at the top of this letter.
¦ Complete items 1, 2, and 3. Also complete
A. Signature
? went
item 4 If Restricted Delivery is desired. X ? Addressee
Ill print your name and address on the reverse
so that we can return the card 10 you.
B. Five0 by `Pd^red Name)
s Nery
_
¦ Attac s card to the back of the mailPlem,
ermits
1
?
0
Yes
.
or on tf space p D. Is del Wersn't from Item ? No
No
to:
1. Aracle ressed If YES, enter del" address below:
/ 1-
/
maples `?,r T
ype
?cy?y rO
h ?X?+ ed
Chit r Mall ? F Mail
? Int? j"eium tum Receipt, for MaCheMbe
? htsured Ma11 ? C.O.D.
4. Restricted DaINOW Ping Fee) 0 Yeo
I 2. Ar"Nwnear - -- 7p 40 284p 2890 0002 48 37 9676
mwufer nom service _.__•___?.-- -
to2?s•o??.t"tslo
Domestic mmum Receipt
Ps Form 3811, February 2004
¦ Complete Items 1, 2, and 3. Also complete A. SWahn
0 Agent
Item 4 If Restricted Delivery Is desired. x
¦ Print your name and address on the reverse 0 Addressee
so that we can return the card to you. B. Received by (Printed Name) orgslvery
¦ Attach this card to the back of the mallPiece, l()v
or on the front if space permits 6
.
t f
It
li
diff
dd
1?
0
Yea
eren
rom
em
D. Is de
very a
ress
1. Article Addressed to: if YES, enter delivery address below: 0 No
d"1c?1Z j? I
Fr? 0l"1 10 3. j=
1 S Mall ? ExIcress Mail
h•?- 13 Registered },Z$getum um Receipt for Merchandise
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number
(Itansfer from service laW
PS Forth 3811, February 2004
7004 2890 0002 8473 9669
Domestic Return
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Providec
MA)Ef R?M 161 1 I A L U
SE
-
CO
Postage
$ W.'?9
y
C3
C3 Cartleed Fee
O
I R
t
R
N
F Poebnetlk
1t
m e
urn
ec
pt
ee
(Endorsement Required) .r .
\ RBre;
Ras MCted DelWery Fee
(Erdoraamant Required) $171.00
\
ru
T
l i4.b4 ?JSI1272Uf16
ota
Postage ,& Fees .$
S
0 Sent To
e-l WI'I._ al
Sr1?7V
C.1
!
. ""..
or POBOrr Na .{
.
...... ........"-........
."."....
Re
Ciy, State. 27Pt4 _ 'r.y? .".r.?..1...".......".....
.
Receipt 7ozsB6m.M-tep0
U.S. Postal Ser vice
r
-0 (Domestic
P- fi Ib+ALEr A L USE -.
fl lE
Postage $ T
Q CeN4ed Fee C2.4C1 Q(yll}.
; d?Q P
O t 1 • $
ilred)
(EMbreem-4" o Yly(
C]
Fee
.led
u
EO
$1,1,1,111 }
[
d)
ment Req
ae
r9e
(En
A
@
$ 54. F.4 ?,
Total Postage 6 Fees
7 _.. -..
C3 Zenit ro- ----L
O
r a?,? ."C
Sireer, Abr. i-vo:; -.. .
or POaox Ab. ..."°-A,,,h ),p
_ 1t ". "....."..""."..."......
ciry, sreMre,AZiP+d 1.., r L.n ..'- C T ?Y.',AU f
MEMBERS 1srFEDEM
CREDIT UNION
PLAD41W
vs.
MARK I. CAPUTO and
MARIE C. CAPUTO
DEFENDANTS.
: IN THE COURT OF COMMON KEAS
: CUMBERLAND COUNTY
: PENNSYLVANIA
NO.:
: CIVIL ACTTON-LAW
VERIFICAUON
I, David Thomas, Collections Officer for Members 15'Federal Credit Union,
being authorized to do so on behalf of Members I" Federal Credit Union, hereby verify
that the statemem made in the foregoing pleading ate true and correct to the best of my
information knowledge and belief. I understand that false statements are madc subject to
the penalties of 19 Pa. C.SA. Section 4904, relating to unsworn falsification to
authorities.
Members 1" Federal credit union
s
David 'T'homas, Collections Officer
5
7U ao
.? C7
W
O 7
u -?
a
MEMBERS 1 ST FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
MARK J. CAPUTO
MARIE C. CAPUTO
DEFENDANTS
To the Prothonotary:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 06-3529 Civil Term
: CIVIL ACTION-LAW
PRAECIPE
Please file the attached Affidavit and Return of Service in the above captioned
matter.
Date: July 6, 2006 Respectfully submitted:
Kar . Le ebo sq.
Supreme Court ID # : 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
A
State of Connecticut )
ss: MANCHESTER, JUNE 29, 2006
County of Hartford )
AFFIDAVIT AND RETURN OF SERVICE
I Grant Carragher, being duly sworn, deposes and says: I am not a party to this
proceeding, I am over 21 years of age and I am a State Marshal of Hartford County, State
of Connecticut, and I am authorized to serve civil process within Hartford County, State of
Connecticut.
I served this process regarding Members 1St Federal Credit Union vs Mark J. Caputo and
Marie C. Caputo, upon the within named defendants MARK J. CAPUTO and MARIE C.
CAPUTO, in the said Town of Manchester, County of Hartford, State of Ct.
(X) Hand Service: by leaving a attested copy of the original Notice to Defend and Claim
right and Complaint with and in the hands of the within named defendant MARIE C.
CAPUTO, at 203 Maple Street, in the said Town of Manchester, County of Hartford, on
June 29, 2006.
X) Abode Service: by leaving a attested copy of the original Notice to Defend and Claim
right and Complaint at the usual place of abode of the within named defendant MARK J.
CAPUTO, at 203 Maple Street, in the said Town of Manchester, County of Hartford, on
June 29, 2006.
I further certify that at the time of such service on the defendant, I duly endorsed the date
of said service and to said endorsement, I subscribed my name and my official title.
BY:
GRANT CARRAGHER
STATE MARSHAL - HARTFORD COUNTY
SUBSCRIBED AND SWORN TO BEFORE ME THIS 29TH DAY OFJUNE 2006.
ILNAE WEISBERG
NOTARY PUBLIC
MY COMMISSION EXPIRES 9/31/ae/v
t,
7r- T
MEMBERS 1sT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
MARK J.CAPUTO
MARIE C. CAPUTO
DEFENDANTS
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
NO.: 06-3529 Civil Term
CIVIL ACTION-LAW
PRAECIPE
Please enter judgment in the above captioned proceeding in favor of Members 1s`
Federal Credit Union, Plaintiff, and against the Defendants, Mark J. Caputo and
Marie C. Caputo, in the amount of Nineteen Thousand Eight Hundred Eighty-four
and 141100 Dollars ($19,884.14) 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. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an
Answer on behalf of Mark J. Caputo and Marie C. Caputo to Plaintiff s
Complaint within twenty (20) days of service thereof and after a 10-day Notice
was sent.
submitted,
Date: August 18, 2006
.e&bohih, Esquire
Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
J
I hereby certify that notices of intent to take a default judgment were forwarded to
Mark J. Caputo and Marie C. Caputo by United States Mail, first class, postage prepaid
on July 21, 2006. The aforesaid notices were each contained within an envelope bearing
the return address of the undersigned. The notices have not been returned to the
undersigned as undeliverable or otherwise. A copy of the notice and Postal Forms 3817
is attached hereto and marked Exhibit "A".
r
MEMBERS 1sT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
MARK J. CAPUTO
MARIE C. CAPUTO
DEFENDANTS
TO: Mark J. Caputo
Marie C. Caputo
203 Maple Street
Manchester, CT 06040
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 06-3529 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
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or (800)990-9108
Res e s n ' ,
Date: July 21, 2006
azl M. Ledebohm, Esq.
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
Attorney for Plaintiff
EXHIBIT "A"
t
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT eL}??/?N
Karl M. Ledebohm, Esq. 3 "
P.O. Box 173
New Cumberland, PA 17070-0173 ?.A
r c
One piece of ordinary mail addressed lo: NO IS ??
^? 1? N
?t?s`? J• Cn.?VU `77 `I NCi ?.
w
J O?
U.S.
MAIL, DOES NOT
Karl M. Ledebohm, Esq. •
Karl Box 173 a r? _
New Cumberland, PA 17070-0173 ??0
e ??c
N
one piece of OrOnelY m811 Batl19888n [O: ?
N ^
'Ll Q,43go v
FS Form
O
O
`N
V
T
N '
i:.? ..p
r
7
r
A
Y [ _ ]Y
?? N ?G
f
MEMBERS IsT FEDERAL : IN THE COURT OF COMMON PLEAS
CREDIT UNION : CUMBERLAND COUNTY,
PLAINTIFF : PENNSYLVANIA
Vs. : NO.: 06-3529 Civil Term
MARK J. CAPUTO
MARIE C. CAPUTO
DEFENDANTS : CIVIL ACTION-LAW
NOTICE OF JUDGMENT
PURSUANT TO TIRE 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
TO: Mark J. Caputo
Marie C. Caputo
203 Maple Street
Manchester, CT 06040
You are hereby notified that on 2006 the following
judgment has been entered against you in the a ve captioned case:
Judgment in favor of Members 1g` Federal Credit Union, Plaintiff, and against the
Defendants, Mark J. Caputo and Marie C. Caputo, in the amount of Nineteen
Thousand Eight Hundred Eighty-four and 14/100 Dollars ($19,884.14) 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. Judgment is entered pursuant
to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Mark J. Caputo and
Marie C. Caputo to Plaintiffs complaint within twenty (20) days of service
thereof and after a 10-day Notice was sent.
Dated: al o&d dk Pro onotary
pq?
I hereby certify that the proper persons to receive this notice under Pa R.C.P. 236
are: Mark J. Caputo
Marie C. Caputo
203 Maple Street
Manchester, CT 06040
A: Mark J. Caputo and Marie C. Caputo
Por este medio se le esta notificando que el de
2006, 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:
Mark J. Caputo
Marie C. Caputo
203 Maple Street
Manchester, CT 06040
Date: August 18, 2006
.edebohm, Esquire
Court ID #59012
`P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
Karl A Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-929
MEMBERS 1„ FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
MARK J. CAPUTO and
MARIE C. CAPUTO
DEFENDANTS
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: NO.: 06-3529 Civil Term
CIVIL ACTION-LAW
PRAECTP'E
Please mark the judgment entered in favor of Members I" Federal Credit Union
in the above captioned matter satisfied.
Date: December 18, 2007
submitted,
6upreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
r?U
74
Q
Q
r
C n7
rrr