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DAUPHIN DEPOSIT BANK
& TRUST COMPANY,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
.
MARK J. RODAK,
Defendant
CIVIL ACTION - LAW
9,5 - 111ft( tltJd~
No. S 1995
v.
NOTICB - COMPLAINT
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.
PROTHONOTARY'S OFFICE
CUMBERLAND COUNTY COURT HOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17013-3387
(717) 240-6195
DAUPHIN DEPOSIT BANK . IN THE COURT OF COMMON PLEAS
.
& TRUST COMPANY, . CUMBERLAND COUNTY, PENNSYLVANIA
.
plaintiff .
.
.
.
v. . CIVIL ACTION - LAW
.
.
.
MARC J. RODAK, .
.
Defendant . No. S 1995
.
COMPLAINT
1. The Plaintiff Dauphin Deposit Bank and Trust Company
("Dauphin Deposit"), is a Pennsylvania Corporation licensed under
the banking laws of the Commonwealth of Pennsylvania with an office
located at 3607 Derry Street, Harrisburg, Dauphin County,
pennsylvania.
2. The Defendant, Marc J. Rodak, is an individual and was
last known to reside at 25 North 19th Street, Camp Hill, PA 17011.
3. On or about November 13,.1987, the Defendant executed an
agreement with Dauphin Deposit for the purpose of obtaining an
"Easy Credit Line" in the amount of $5,000.00 (Exhibit "A").
4. Pursuant to Exhibit "A" Defendant agreed to make payments
in monthly installments of not less than $35.00 or not less than 3
percent of the outstanding new balance together with interest and
insurance charges to Dauphin Deposit.
5. The Defendant has defaulted under the terms and
conditions of said agreement, in that he has failed to make
sufficient and consistent payments in accordance with the terms.
6. Demand of Defendant has been made by Dauphin Deposit and
Dauphin Deposit's counsel for payment.
7. Defendant has refused to pay to the plaintiff the sum
justly due and owing and are therefore liable for interest,
attorney's fees and costs of suit.
8. The amount c\ue and owing because of the default of
Defendant under the terms and conditions of said agreement as of
February 25, 1995, is as follows:
(a) Unpaid Principal
and interest
2/25/95
(b) Attorney's 20% Collection
Fee
Balance $
through
4,562.94
912.59
TOTAL DUE
$ 5,475.53
WHEREFORE, Plaintiff demands judgment against Defendant in the
amount of $5,475.53, consisting of the principal due and interest
through February 25, 1995 in the amount of $4,562.94, and
attorney's fees for collection in the amount of $912.59, and
Plaintiff further demands judgment against Defendant for all
D.le Novmber 13. 1987 EASY CREDIT LINE ACCDunlN ~ ? 9 9 8 7
AI Uled in Ihll Aareemenl. Ih. words "I, m. .nd my" me.n ..ch .nd .11 of Ihe perlDnl who lian below.. Borrower. Th. wDrdl "you .nd your" me.n:
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DAUPHIN DEPOSIT BANK AND TRUST COM'PANY, Harrisburg, Pennsylvania
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MAXIMUM CREDIT LIMITS: I undersl.nd Ih.llhe m..imum
amount of adv.nces that you will extend to me under this
Aareemenl II $ 5.000.00 ,II you .pprDve any ,
advancel'or me .bove my credillimll (which you do nDI have
10 dol, I '\ViII pay you Ihe amounl above my credillimll on
demand.
ADVANCES: I can Dbl.in loan .dvanc.s In Ih. w,y(l)
Indicaled by . check milk:
:fX SpecIII Checks-I can wrol. one D'lhe sp.ci.1 checks
Ih.1 you Wllllupply 10 me,
o AulDm.11C OVOld"n Advanc.s-I can writ.. persDn.1
check 'Dr more than the b.l.nc. 01 my checkinaaccDunl, and
you Will ,ulDmallCally I"nlfer 10 my checkina ICcDunl
enDuah 10 cover Ihe Dverd"n. prDvidina IhetDlal Dulsl.ndina
does nDlexceed Ihe credillimlll under Ihis Aareement. You
may al your opllDn electlD I"ns'er .mDunls only in multiples
0' $100,00.
AIII.an advances will be 'Dr a mini",um .mDunl of SIDO.OO Dr
more.
All ID.n advancel tDaether will be cDnliderr<l a linal.
conlDlidated loan, laareelh.lelCh check will CDnllltul. my
written authorization required by law.
PERIODIC STATEMENT: You will s.nd me mDnlhly. sl.temenl
IhDWina Ihe sl.tus 0' my ICCDunt and when p.ymenls must
be m.de,
FINANCE CHARGE: I undersl.nd Ih.tl will be chllaed .
Fin.nce Chllae on .11 ID.n .dvances. The fINANCE
CHARGE bealOs Ihe d.le mh .dvanc.ls posted 10 my
ICcDunl, .1 the Daily Periodic R.te 0' ..000390. Th.1
periodIC "Ie, when multiplied by 365, is equ.t to .n
ANNUAL PERCENTAGE RATE of 14.25 %. You
liaurelh. Fin.nce Chllae on my accDunllh.'DIIDwina w.y:
First, you liaure Ihe b.l.nce 01 my AccDunlelCh day in the
blllina period by .ddina new .dvances (ID.ns) posled 10 my
Account 10 Ihe openina Princip.1 B.lanc... D'lh.1 d.y. You
then subl"ct any p.ymenls Dr credils pDsled Ih.t d.y. This
alves you my dOIly b.l.nce, Then you multiply my b.l.nce
subjecllD . Fin.nce Chllae elCh d.y in Ih. billina period by
the Periodic R.le .nd .dd .lCh d.y's Fin.nc. Chili. fDI the
aclu.1 number 0' d.ys in Ih. billini p.riod. This aIVes you the
Finance Chili. 'Dr Ihe billinap,rood. Th. inlerest "t.m.y b.
lubject to ch.nie .. d.scribed below,
VARIABLE RATE: Th. ANNUAL PERCENTAGE RATE You can Ihen relus.'D m.k. .ny ID.n advances 10 m. .nd
m.y vary on AprolI, July 1, OclDber I. .nd J.nu.ry 1. .nd w,lI dem.nd Immedi.l. p.ymenIDllh.tDlal.mDunl Dulsl.ndina,
b. 5.5 perc.nl.bDv.lh. Prim. R.t... published I aare. th.1 ill de'ault in paym.nt 0' .ny inll.llment due
in Th. W.II Str.el JDurn.1 which is in .ffect on th.11S1 her.und.r Of In Ih. p.rlorm.nc. 01 .ny 0' my 'areem.nls
bUSiness d.y 0' the pr.cedlna month 01 ~lCh 0' the .bov. wilh YDIl conlained herein. Ihen .t YDUI DpliDn. .11 cr.dil
menllDned qu.rters. The m..,mum "te aIlDw.bl. under Ihis hereunder' sh.ltlerminal. and Ih. .nlire unpaid bal.nce of
aareement is 23.00%. Any incr.... in the Annu.1 P.rcent.a. " my ID.nlCeDunt will b.cDm. imm.di.lely due .nd p.y.ble,
R.t. will becDm. .IIectiv. IS of the bealnnina of the n.xt pluSYDUraclu.IOIpendilures,includinar."DnableoIlDrney's
blllina perood aner. ch.nie in Ih. Prim. Rate, Any d.cre... ""'Dr proceedinas to cDII.cl such bllance,
in Ihe Annual P.rc.nt.a. R.le willbecDm. ellecliv. ".O'lh. . TERMINATION: You may at any time .t your sol. discreliDn
b'alOnlna Dllh. nOli billina perood .ner . chana. In Ih. t.rmin.t. this Aar..menl Dr 'rom lime 10 lim. reduce my
Prom. R.I.. ThiS new "t. w,lI be applied 10 .11 currenl m..imum credit line, This will be don. by mailina me nDlice
bal.nc.s .. welt.. .ny 'ulure .dvances, Any Incr.... ,n I~. 0' such termin.liDn Dr reduction. However. no such acliDn on
Annual Percenl'i. R.I. wllI,ncre... my minimum mDnlh y your part sh.II.II.cl.ny loans I have m.de wilh you under
p.ym.nt .mDunt. My 'Irst .dJuslm.nl m.y occur on Ihe IIIst Ih' A t bl' t' t Ih I
businessd.yollh.lirstlullqu.rterlycycl.'DIIDwinalh.d.l. IS, are.men nor my 0 'i..Dn 0 rep.y . D.ns ..
, of this Aar..m.nt. provided In Ihll Aareem.nt. , ,
PAYMENT' I underst.nd th.t I can pay my Dulst.ndina ID.n RIGHT Of SET,OFF:lacknDwledi., your rlahl 01 set..II 10 any
b I ' 'f II I I' bef 'I'd I . Ih II 'II of my property whreh you have on your pol'dSSlDn alany
a .nC.ln u a any ,m. ore I IS u.. prDmlS' a" WI lim.. which includes individu.1 .nd joint deposit aCCDunls
pay alleast Ihe ,~Inlmum Paym.nt on Dr belDre th. d.t., held by m. Dr for my benelit, wh.lher Dr nDI they hIV.
payment IS due shown on my mDnlhly slal.menl. Th. m.lur.d,1I you OI.rcis. YDurriaht 0' set-oil, it will Dccurol
MInimum P.ymenl w,lI be Ihe sum 01 ,(I) Ih. areoler 0' Ih. time you I.slrict ICcesS 10 my property in your
S35.00 01 3 percenl 01 Ihe "new b,'anc. ' IS shown on Ih. ' Ih h d Ih t t If
slat.ment plus (Ii) credit insuranc. chllaes, il any, plus (iii) possession. .ven DUa you m.y reCDr . se'D on your
.ny Minimum P.ymenllh.t is pasl du.. ElCh payment will be book! .t a laler lime,
applied in Ih.'DIIDWina .rder. (il fin.nc. Chara., (ii) credit RESPONSIBILITY: I und.rstand Ih.11 am respon~ble for ail
insu"nc. premium (ilapplicable), and (iii) the principal due .mDunls borrDw.d under thiJ Aare.m.nt even if anDlher
on loan .dYlnc.s. perlDn sians this Aareement as Borrower Dr Co.M.ker,
AUTOMATIC PAYMENT: 0 IIlhis bo. is checked.l.uthDrize CONTINUED EFFECTIVENESS: II any part of Ihis Aareement is
you to autDm.lreally deduct from my checklna Dr NOW delermlned by a court 10 be iriYllid the rest will remain in
'CCDunt on Ih. "dale paymenl is due" as shown In my .II8(t. '
mDnlhty stalemenl. Ih. minimum payment shown on th.t
slat.m.nt. NOTICE: Ail nDtic.sand stal.m.nIsDf ICcDunl can be m.i1ed
, '., , tDmeollheoddressshDwnbeIDwDpposit.mynam.Drallny
DEFAU,LT, I Will be on delault If any of the 10llDWlna .v.nls Dlher .~dr.ss 01 whiCh I nDtily you in writini.1I two Dr more
occurs, , , , , persons sian Ihis Aareement as Borrower, I .are. that
1. "llarIID. make any paym~nllD you on IImeDI I VlDlat. thIS d.livery of nDI"., .nd st.lemenls 10 .ny perlDn desianated
~areemenlln any olher w.y, 01 below as BDrrDw., will cDnslitul. delivery D'lhe nDlim and
t, .f the tDt.1 Dulslandlna bal.nc. 0', Ih.,?an adYlnc.s sl.l.menls 10 m.. Any nDtic. will b. s.r.t 10 m. by reiular
und., thiS Aareem.nt exceeds,my .credlt limit, 01 m.i1.1 my lasl known .ddressand sh.1I becDm. .lfectiv. at
3" II an, stalement ,n my application for credit was lals. 01 the time 01 mailin&-
mlSl.adlna; 01
4. ill di.; Dr GENERAl: You can d.lay en'Drcina .ny 0' YDurrlahts under
5, if I becDm. bankrupt Dr insolvent Dr IhisAare.menl withDullosing Ihem, Any w.iver bYYDU Dllny
6, i'any judam.nl.lien, .lllChmenl Dr execution is Issued PIDvisiDnDlthisAareem.nlwillnDlbeaw.iverDltheum'DI
'a.insl me 01 my property, .ny Dth., provision on .ny other occasion.
INSURANCE: I undersland th.t I do not hIVe 10 lake Dutcr.dit iii. insurance in order 10 Dblain 'Dan advances. III qu.lify 'Dlil.nd I do l.keilDut I will b. required to p,y Ih. cosl 01 it. Th.
insurance WIll cover only the person who silns below in Ihis "'nsurlnt''', section. .
Check iI applicable:
o I wantcredillile insu"nc.. ThecDSI isS per mDnlh per S 1.000.00 on Ihe lolal daily b.l.nc. on loans Dutstandiniin your ICcDunt billed mDnlhly, Th.CDSt is
subject 10 ch.nie from time to tim. oecordina tq Ih. chanae in the insuranc. premiums paid by us under DUI arDUP policy,
Insurer. USLlfE CREDIT Life Inlullnee Company, SchlumbufI, 11I10.011,
Siinalure D'lnsured
D.t.
Aie
eipt a cDmplet.ly fiil.d in copy 01 this Aareement.
17011
Co.M.ker , /
i/-//
.Ie
NOTICE: SEE REVERSE S
BANCONSUMER fORM PAS70.66 (3/85) ~
IL.192SI(Rh 1/87) ~
?~ l-klrth 1 'It-I, "t-r_t- _ r,,11lp J:lll1 PlI
Address
Address
EXHIBIT
Addr.ss '7 :n -
, / "'...-- ,,;.- .90'
I ", rt-~.. .; -r"-d"
W,lness ,>-
NO YOUR (THE Bl:rROWU'S) RIGHTS TO DISPUTE BILLING ERRORS,
. 1985 BANCONSUMER SERVICE. INe
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; ~ILLlNG E~~OR R.lGHl'S FOR~ :':-,'
(Keep this notlc. for future us.,)
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My Bllllnl Rllhti: " ,
," This notlc~ contalnslmportant'infarmatlon about my rlllhts ind Yourresponslbiliil~~ under th~ FalrCredl1 Bllllnll kt.' : ,.. .'
.. Notify You In ea.. 01 ErrOrs or Qu..Uonl About My Bill: ; , , "'" '
.,' t'. '
II I think my bill Is wronll, or II I need mare Information about a transaction on my bill, I w,lII write to you an a separate sheet at the
address listed on my bill, I will write.. soan as possible, You must hearfrom me no lat"r,than 60 days after you sent me thefllSt bill
on which the error or problem 'appeared, .. ", ",: ..' '. " ",:' " " ,,' "
.. ...
In my leller, I will live you the lollowlnll Information: , ,," "
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My name and accOunt number,
The dollar'amaunt 01 the suspected error. ' ", , '. " ,
, Description althe error and explain, II I can, why I believe there Is an error. II I need more Information, I will describe the Item I am not
sure about. '. . .,' : ~'" ~. t.
III have authorized you to pay my bill automatically from my savlnlls orchecklnll account I can stop the payment on any amount I
think Is wronll, To stop the payment my leller must reach you three business days before the automatic payment Is scheduled to
occur. ' . I
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.. , My RIIh" and Your R..ponllbllllla After You Receive My Wrlttan Nollee: '.
You must acknowledlle my letter within 30 days, unless you have corrected the error by'lhen, Within 90 days, you must either correct
the error or explain why you believe the bill was correct. ,
After you receive my leller, you cannol try to collect any amount I question, or report me as delinquent. You can continue to bill me
fortheamount I questlon,lncludlng finance charges, and you can Ipply any unpaid amount Igalnst my credit limit, I do not hIve to
.. .. , pay eny questioned amount while you Ire investillatlng, but I am stili obligated to pay the parts of my bllllhat are not In question,
II you find that you made a mistake on my bill, I will not have to pay any finance charges related to any questlonld amount. II you
didn't make a mistake, I may have to pay finance charges, and I will have to make up any missed payments on lhe questioned
amount. In either case, you will send me a statement of the amount I owe and the 'date that it Is due"
II I fail to pay the amountthat you think I awe. you may report me as delinquent. However,lI your explanation does not satisfy me and
I write to you within ten days tellingyou that I stili rlfuse to pay, you must tell anyone you report me tothat I have a question aboulmy
bill. And, you musllell me the name 01 anyone you reported me to, You must tell anyoneyou report me tothallhe malter has been
settled between you and me when it finally Is, .
II you don't follow these rules, you can't collect the first $50 of the questioned amount evea if my bill was correct.
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NO,TICE OF PROPOSED CREDIT INSURANCE ,
The Signer(s) of the Agreement hereby take(s) notice that Group Credit Life Insurance coverage will be applicable to this II sa
marked an the front of this Nate and such type 01 coverage will bewrillen by the Insurance Company named, This insurance, '
SUbject to acceplance by the Insurer covers only the person signing the request for such insurance. The rate 01 charge per
month is Indicated for Credit Life Insurance to be purchased, The term or insurance will commence as of the dale
Indebtedness Is incurred. Subject to acceptance by the Insurer and within 30 days, there will be delivered to the Insured
debtor a Certificate of Insurance more fully describing the Insurance,
NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION,
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DAUPHIN DEPOSIT BANK
& TRUST COMPANY,
Plaintiff
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNlY, PA,
vs.
CML ACTION - LAW
MARKJ, RODAK,
NO, 95-1184 S 1995
Defendant
ANSWER AND NEW MATTER
AND NOW, comes the defendant, Mark J. Rodak, and files his Answer to the Plaintiff's
complaint and avers as follows:
I, Defendant is without knowledge or information sufficient to either admit or deny this
avennenl.
2, Denied, To the contrary, the individual who resides at 25 North 19th Street, Camp Hill,
Pa, 17011, is Mark J, Rodak,
3, Admitted,
4, Admitted in part, denied in part, It is admitted only that Defendant agreed to make
payments in monthly installments of not less than $35,00 or not less than 3 percent of the
outstanding new balance with interest, It is denied Defendant agreed to pay insurance charges,
5, The allegations contained in paragraph 5 arc conclusions of law to which no responsive
pleading is required under Pa, Rules of Civil Procedure,
6, Admitted,
D
Dauphin Deposit Bank
and Trust Company
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8HSR%rr'8 RETURN
CA8. NO. 18'5-01184 P
COMMONWSIlA%.TH or PSNN8YLVAN:rA.
COUNTY or CUMaS~D
DAUPNZN Dmp08%m DaNk a mR CO
V8.
J\O DAte MAf\k :r
DONJU:.D HAF\PIiJJIl
, .h.~i~r O~ Deputy .h.K1~r or
CUMBERLAND County, Penn.y1van1a, who ba1ng dU1y awocn accoEding
to 1aw, ..Y., that he ..Eved the w1thin
c::oMPLA.'IN'l'
upon
AOllAlC MAN: J
the
d..rendant, at
~OI4B HOURS, on the ~ day o~ Mareh
,
19U at
25 NOR!l'H 19TH 8TI\SICT
~.Up H'ILL. PA 17011
County, Pennay1van1a, by handing to
,eUMB&:p'l'''~D
,
BAe'Y' DOWELL
ADU~T ZN CH1Ra8 O~ Am8XD8Ncm
a true and att..tad copy or tn.
COMPLArNT
,
and at tne game time die.cting ~ attention to the content. thee_at.
8her.:i.tt:"1I COSltal
Docll:etj,ng
.0 EvJ.ca
A~~j,davj,t
8ucchacg_
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R. ~homa. K1ine, Bhacirr
82B.40 ATTY. CRA:re ADLER
03/10/1895
by
. ~~/
.;":,,,/~,.J.-- /~~_/.
Deputy 8 "j,~~
8wocn
and .Ub.Q~1bQd to beroca me
I~~ day o~ 'J/l~,u.-'
A.D.
th;L..
19 ?(
c)~'''._ C )hd;;'~J ~!'7.0;.
I Pcothonotac'
DAUPHIN DEPOSIT BANK .
.
& TRUST COMPANlc', .
.
Plaintiff .
.
.
.
v. .
.
.
.
MARl( J. RODAK,
Defendant .
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 95 1184 civil Term
REPLY TO NEW MATTER OF DEFENDANT
AND NOW, this 17th day of March, 1995, comes the Plaintiff,
Dauphin Deposit Bank and Trust Company, by its attorney, Craig I.
Adler, Esquire, and replies to Defendant's New Matter as follows:
9. Admitted.
10. Denied. The averments in Paragraph 10 of Defendant's New
Matter set forth a conclusion of law to which no further response
is required. Further, to the extent the allegations may be deemed
factual, Plaintiff believes and therefore avers that the applicable
statute of limitations is for an action upon a negotiable or
nonnegotiable bond, note or other similar instrument in writing set
forth in 42 Pa. C.S.A. section 5525(7).
11. Admitted.
12. Admitted.
13. Admitted in part and Denied in part. It is denied that
the cause of action accrued on or before July 17, 1990 or that any
applicable "statutory period of limitation" has expired because
such statements are conclusions of' law for which no responsive
DAUPHIN DEPOSIT BANK . IN THE COURT OF COMMON PLEAS
.
& TRUST COMPANY, . CUMBERLAND COUNTY, PENNSYLVANIA
.
Plaintiff .
.
.
.
v. . CIVIL ACTION - LAW
.
.
.
MARK J. RODAK, .
.
Defendant . No. 95 1184 civil Term
.
CERTIFICATE OF SERVICE
I, CRAIG I. ADLER, Attorney for plaintiff, Dauphin
Deposit Bank and Trust Company, hereby certify that on this 17th
day of March, 1995, I served a copy of the within Reply to
Defendant's New Matter upon the following by first-class mail,
postage prepaid addressed as follows:
Mark J. Rodak
25 North 19th Street
Camp Hill, PA 17011
~~
craig I. Adler, Esquire
Attorney for Plaintiff
DAUPHIN DEPOSIT BANK
& TRUST COMPANY,
Plaintiff
IN TIm COURT OF COMMON PLEAS
CUMBERLAND COUNlY, PA,
CIVIL ACTION - LAW
VB,
MARK 1. RODAK,
NO, 95-1184 S 1995
Defendant
PLAINTIFF'S ANSWER TO
FIRST SET OF INTERROGA TORI~
PROPOUNDED BY DEFENDANT. MARK J. RODAK.
FOR ANSWER BY PLAINTIFF. DAUPHIN DEPOSIT BANK &
TRUST COMPANY
TO: Susan C, Lisle, Community Lending Officer
Dauphin Deposit Bank & Trust Company
3607 Derry Street
Harrisburg, Pennsylvania
Please take notice that you arc hereby required, pursuant to Pennsylvania Rule
of Chi I Procedure ~006, to serve upon th~ under~;g.~~d within thirty (30) days after service of
this notice your answers in writing under oath to the following Interrogatories,
MARK 1, RODAK
25 North 19th Street
Camp Hill, Pennsylvania 170 II
(117)730-9412
RECEIVED /,PR 2. l.S35
I. INSTRUCTIONS
A, All information is to be divulged which is in the possession of or knowledge
of the plaintiff, their attorneys, consultants,agents or other representatives of the named party
and their attorneys,
8, Where an individual question calls for an answer that involves more than one
part, each part of the Answer should be clearly set out so that it is understandable,
C, Answer to Interrogatories shall be in writing and under oath,
D, The Answers shall be inserted in the spaces provided in the Interrogatories, If
there is an insufficient space to answer an Interrogato!)', the remainder of the answer shall
follow on a supplemend sheet.
E, The original and two copies of the Interrogatories are served herewith, Complete
all copies, file one with the Prothonotary and serve a copy upon the Defendant, and retain one copy
for your file, Attach a verifieation and certifieate of mailing,
F, These Interrogatories arc intended as continuing Interrogatories, You arc required
to set forth any information within the scope of the Interrogatories as may be acquired by you, your
consultants,agents or other representatives after the filing of your original answers,
0, When, after a reasonable and thorough investigation, you arc unable to answer
any interrogatory, or any part thereof, because of lack of information available to you, specify in
full and complete detail the reason the infonnation is not available to you and what has been
done to locate such information, In addition, specify what knowledge or belief you have
concerning the unanswered portion of the interrogato!)' and set forth the facts upon which
such knowledge or belief is based,
H, If. in answering these interrogatories. you encounter any ambiguity. in a question,
1. If you assert a privilege. work product immunity. or decline to provide an answer
I
l,
I
i
I
I
I
!
!
f
instruction. or definition, set forth the matter deemed ambiguous and the interpretation you used
in answering,
on the basis of some other objection, please:
i, identitY and describe the document or communication in question;
ii, describe the basis for the asserted privilege or objection;
iii, identify every person to whom the document was sent, or every person present
when the communication was made;
claim or objection is valid,
iv. identify the present custodian of the document, ifany,
Include sufficient facts for the court to make a full detennination of whether the
1.3 With regard to defendant's acc:ount 1170120629987, what was the date of the last
payment nx:eived?
April 30, 1991
The date of the last payment received by Plaintiff on
the above-referenced account is April 30, 1991.
1.4 Was the last payment nx:eived dated Februasy II, 1991 in the amount ofSI4S,OO?
A payment of $145.00 was received by Plaintiff on February
11, 1991. However, this was not the last payment received
by Plaintiff which was applied to the account in question.
On April 30, 1991 Plaintiff received from Defendant
the sum of $100.00 whdch was applied to said account.
I.S During the period of Januasy 1,1991 through June 1,1991 was an individual
known as Andrew Watson an employee of Dauphin Deposit Bank and Trust Company? If yes,
what was his position, responsibilities and authority?
Yes. At the time in question Andrew Watson was an ~
Assistant Collection Manager. In this position he
was responsible for~collections on direct loans
made through thJ'system of Plaintiff between 90 and
150 days in arrears. While in this position Mr. Wat-
son had authority to negotiate payment plans for amounts
past due. However, he did not have authority to forgive
any amounts due.
1.6 Is an individual known as Andrew Watson currently an employee of Dauphin
Deposit Bank and Trust Company? If yes, what is his current position and address?
Yes. Andrew Watson is currently Assistant Asset Reco-
very Manager,with Plaintiff. His business address is
3607 Derry street
HarriSburg, PA 17111.
VERIFICATION
I hereby certify that I am the Community Lending Officer of the Dauphin Deposit
Bank and that the facts set forth in the foregoing document are based upon information that
I have given to counsel and they are true and correct to the best of my knowledge,
information and belief.
I understand that any false statements herein are made subject to the penalties of 18
Pa. C.S,A. 94904, relating to unsworn falsification to authorities.
DATED: if,.... / 2. ~ 17'73
SUSAN C. rE, MMUNITY LENDING
OFFICER, DAUPHI DEPOSIT BANK
DAUPHIN DEPOSIT BANK IN THE COURT OF COMMON PLEAS
& TRUST COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v. CIVIL ACTION - LAW
HARK J. RODAK,
Defendant No. 95 1184 civil Term
CBRTIPICATB OP 8BRVICB
I, CRAIG 1. ADLER, Attorney for Plaintiff, Dauphin
Deposit Bank and Trust Company, hereby certify that on this 28th
day of April, 1995, I served a copy of the within Answer to
Defendant's Interrogatories upon the following by first-class mail,
postage prepaid addressed as follows:
Mark J. Rodak
25 North 19th Street
Camp Hill, PA 17011
/
/--'
/~
d er, Esquire
for Plaintiff
Craig I.
Attorney
.
DAUPHIN DEPOSIT BANK
& TRUST COMPANY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNlY, PA,
CIVIL ACTION - LAW
! ,
,
!
!
i
vs,
MARKJ, RODAK,
NO, 95-1184 S 1995
Defendant
PLAINTIFF'S ANSWER
TO
SECOND SET OF INTERROGATORIES
PROPOUNDED BY DEFENDANT. MARK J. RODAK.
FOR ANSWER BY PLAINTIFF. DAUPHIN DEPOSIT BANK &
TRUST COMPANY
TO: Susan C, Lisle, Community Lending Officer
Dauphin Deposit Bank & Trust Company
3607 Derry Street
Harrisburg, Pennsylvania
Please take notice thnt you are hereby required, pursuant to Pennsylvania Rule
of Civil Procedure 4006, to serve upon the undersigned within thirty (30) days after service of
this notice your nnswers in writing under oath to the follO\ving Interrogatories,
MARKJ, RODAK
25 North 19th Strcet
Camp Hill, Pennsylvania 17011
(717)730-9412
I. INSTRUCTIONS
A, All information is to be divulged which is in the possession of or knowledge
of the plaintiff, their attorneys, consultants, alleuts or othcr represcntatives of the named party
and their attorneys,
B, Where an individual question calls for an answer that involvcs more than one
part, cach part of the Answer should be clcarly sct out so that it is understandable,
C, Answer to Interrogatories shall be in writing and under oath,
D, The Answers shall be inserted in the spaces provided in the Interrogatories, If
there is an insufficient space to answer an Interrogato!)', the remainder of the answer shall
follow on a supplemental sheet,
E, The original and two copies of the Interrogatories are served herewith, Complete
all copies, file one with the ProthonotaJy and serve a copy upon the Defendant, and retain one copy
for your file, Attach a verification and certificate of mailing,
F, These Interrogatories are intended as continuing Interrogatories, You are required
to set forth any information within the scope of the Interrogatories as may be acquired by you, your
consultants, agents or other representatives after the filing of your original answers,
G, When, after II reasonnble and thorough investigation, you are unnble to answer
any interrogato!)', or any part thereof, because of lack of information IIvllilable to you, specify in
full and complete detail the reason the information is not avllilable to you and what has been
done to locate such information, In nddition, specify what knowledge or belief you have
concerning the unanswered portion of the interrogato!)' and set forth the facts upon which
such knowledge or belief is based,
H, If, in answering these interrogatories, you encounter any ambiguity, in a question,
instruction, or defmition, set forth the matter decmed ambiguous and the interpretation you used
in answering,
I, If you assert a privilege, work product immunity, or decline to provide an answer
on the basis of some other objection, please:
i, identifY and describe the document or communication in question;
ii, describe the basis for the asserted privilege or objection;
iii, identifY every person to whom the document was sent, or every person present
when the communication was made;
iv, identifY the present custodian of the document, ifany,
Include sufficient facts for the court to make a full detennination of whether the
claim or objection is valid,
c, Was the sum ofSlOO,OO received on April 30, 1991 applied to the account at
the direction of Mark J, Rodak?
Yes. Mark J. Rodak directed Plaintiff to apply the
payment to the account in question. In fact, at Defendant's
direction, the teller at the Harrisburg East Mall Branch
who received the payment called our department, to advise
us that the payment had been received to prevent our
charging the loan off at the end of the month.
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DAUPHIN DEPOSIT BANK
&. TRUST COMPANY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNlY. PA,
CML ACTION. LAW
vs,
MARK J, RODAK,
NO, 95-1184 S 1995
Defendant
PLAINTIFF'S ANSWERS
TO
THIRD SET OF INTERROGATORIES
PROPOUNDED BY DEFENDANT. MARK J. RODAK.
FOR ANSWER BY PLAINTIFF. DAUPHIN DEPOSIT BANK &
TRUST COMPANY
TO: Andrew Watson, Assistant Asset Recovery Manager
Dauphin Deposit Bank &. Trust Company
3607 Derry Street
Harrisburg, Pennsylvania 17111
Please take notice that you are hereby required, pursuant to Pennsylvania Rule
of Civil Procedure 4006, to serve upon the undersigned within thirty (30) clays after service of
this notice your answers in writing under oath to the following Interrogatories,
MARK J, RODAK
25 North 19th Street
Camp Hill, Pennsylvania 170 II
(717)730-9412
I. INSTRUCTIONS
A, All infonnation is to be divulged which is in thc possession of or knowledge
of the plaintiff, their attorneys, consultants, agents or othcr representatives of the named party
and their attorneys,
B, Where an individual question calls for an answer that involves more than one
part, each part of the Answer should be clearly set out so that it is understandable,
C, Answer to Interrogatories shall be in writing and under oath,
D. The Answers shall be inscrted in the spaces provided in the Interrogatories, If
there is an insufficient space to answer an Interrogatory, the remainder of the answer shaI1
follow on a supplemental sheet,
E, The original and two copies of the Interrogatories are served herewith, Complete
all copies, file one with the Prothonotary and serve a copy upon the Defendant, and retain one copy
for your file, Attach a verification and certificate of mailing,
F, These Interrogatories are intended as continuing Interrogatories, You are required
to set forth any infonnation within the scope of the Interrogatories as may be acquired by you, your
consultants, agents or other representatives after the filing of your original answers,
G, When. after a reasonable and thorough investigation, you are unable to answer
any interrogatory, or any part thereof, because oflack ofinfonnation available to you, specifY in
full and complete detail the reason the infonnation is not available to you and what has been
done to locate such infonnation, In addition, specifY what knowledge or bcliefyou have
concerning the unanswered portion of the interrogatory and set forth the facts upon which
such knowledge or belief is based,
III. INTERROGATORIES
.'
3,1 Please identifY yoursclf fully, giving your full namc, titlc, and address,
Andrew Watson, Assistant Asset Recovery Manager
Dauphin Deposit Bank and Trust Company
3607 Derry street
Harrisburg, PA 17111
3.2 With regard to dcfcndant's account #70120629987 pleasc answcr thc following:
a, Duringthc period of January 1,1991 throughJunc 1,1991, what was your
position, responsibilities and authority with Dauphin Deposit Bank and
Trust Company?
At the time in question I was an Assistant Collection
Manager. In this position I was respons~Qle for collec-
tions on direct loans made through th~1fy~em of Plaintiff
between 90 and 150 days in arrears. While in this~
position I had authority to negotiate payment plans
for amounts past due. However, I did not have authority
to forgive any amounts due.
b, During thc period of January I, 1991 through Junc I, 1991, did you have any
correspondence with Defendant, Mark J, Rodak? If yes, what type of
correspondence did you conduct and what were the dates thcreofl
I do not have any record of having SEnt or received any
written correspondence with Defendant. However, monthly
statements and delinquent notices were sent to Defendant
by the Plaintiff. In addition, I had several telephone
conversations with Defendant concerning his past due
account.
JUH- 2-9~ FRS 8'06
P.OI
VJlUrtCA'IOW
-
% he~'by certify that I am Assistant Aseet Reoovery Kanaq.~ of
the Dauphin D.pod t aanJc aM that the tacts set. forth in the
to~.;oinq do~ent are ~ased Upon information that % have qiven to
coun.el and they are true and correct to the b..t ot ~y knowl'4qe,
1nto~mation and b.lief.
I und.~stand that any tal.. statement. hlre!n are made .Ub~.ot
to the penalti.s ot 111 PI. C.B.A. 14904, :t:"Glat:1nq to un.worn
tal.iliaation to authorit1...
DATEDr JVI1(.. Z. I C!liS-
J<i!JI~ ~
Dat1JJlJ:Jf DUOSI., lUX
DAUPHIN DEPOSIT BANK . IN THE COURT OF COMMON PLEAS
.
& TRUST COMPANY, . CUMBERLAND COUNTY, PENNSYLVANIA
.
Plaintiff .
.
.
.
v. . CIVIL ACTION - LAW
.
.
.
MARK J. RODAK, .
.
Defendant . No. 95 1184 civil Term
.
CERTrprCATE OP SERvrCE
I, CRAIG 1. ADLER, Attorney for Plaintiff, Dauphin
Deposit Bank and Trust Company, hereby certify that on this 2nd day
of June, 1995, I served a copy of the within Answers to Third Set
of rnterrogatories upon the following by first-Class mail, postage
prepaid addressed as follows:
Mark J. Rodak
25 North 19th Street
Camp Hill, PA 17011
.' I /"
craig I. Adler, Esquire
Attorney for Plaintiff