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Home My WebLink About97-00665 ~ 1 ~ ~ CJ ~ tI) ~ - ~ 'l. q) J .~ o .. .~ j j +- ~ ~ - q,! ~C) I ! '- ! \. :~ , 1- '- '~ ... <:::.J iVl i" .J I ~ I" . t- o-- ~ t ;' , \ BLUE CHIP FEDERAL CREDIT UNION Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO, {/7' (P (d- ((~' (IGL CIVIL DIVISION. LAW v, KATHY R. STECK. as Executrix of the Estate of WALTER S. STECK. SR.. and KATHY R. STECK, Individually Defendant NOTICE v YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM 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 AN 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. COURT ADMINISTRATOR. 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE PA 17013 (717) 240-6200 o 11. Kathy R Steck, as Executrix of the Estate of Walter S, Steck, Sr" did make distribution to herself, as Devisee, the Estate's primary asset, namely residential real estate situate Dt 3 West Manor Avenue, Enola, Cumberland County, Pennsylvania 17025, without paying all of Decedent's debts, 12. After applying Defendant's payments to the account of the Decedent's Estate, the balance due and owing to Plaintiff is FIVE HUNDRED FORTY.SIX DOLLARS AND EIGHTY CENTS ($546,80), as set forth on an accounting of Plaintiff attached hereto, marked as Exhibit "E" and made a part hereof. 13, Under the terms and conditions of the VISA Credit Card Agreement, hereia referenced as Exhibit "D" and attached hereto, the Estate is liable for attorney's fees, and same have been added to the account in the total amount of ONE HUNDRED NINE DOLLARS AND THIRTY.SIX CENTS ($109,36), 14, The balance due and owing by Defendant to Plaintiff is the sum of SIX HUNDRED FIFTY.SIX DOLLARS AND SIXTEEN CENTS ($656,16). 15. Plaintiff has frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant has refused and neglected and still refuses and neglects to pay said amount of aay part thereof, WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of SIX HUNDRED FIFTY-SIX DOLLARS AND SIXTEEN CENTS ($656,16), together with interest thereon at the rate of Twelve and One-Half (12.50%) Percent per annum from January 8, 1997, COUNT II . BLUE CHIP FEDERAL CREDIT UNION vs, KATHY R. STECK, INDIVIDUALLY 16, Paragraphs 1 through 15 of this Complaint are incorporated herein as if fully and at length set forth, F:IUSERIBO(yo/IEJO\COMPIWORKIBLCHIP.STE:038Jb97 Sign below to receive a money-saving Credit Union Visa@ Card! You're preapproved! Now you can get the credit card that's accepled around the world, with a low-cost advantage, from your credit union. A Visa card with a preapproved line of credit has been reserved in your name. To receive your credit union credit card, simply sign below and return this form. Switch to a credit union Visa card, and savel You get lower rates on purchases and cash advances and there are no transaction fees when you use your credit union Visa. Plus you'll receive free Travel/ Accident Insurance up to $250,000, Open your Visa accountloday 10 slart saving right away! Be sure to read Ihe enclosed Visa Agreement, and don't hesitate 10 call your credit union with any questions you may have, .' t CenPennRail Federal Credit Union Visa Summa of Terms AnnlJ.1l Percentage Rate (or Purchase. Variable Rate In(ormatlon Cmce Period (or Repayment o( Balance (or Purcliase. 25 da . Method o( Computing the Avemge DaUy Balance Balance (or Pure base. (excludin new un.hase.) AnnlJ.1l Fcc None Minimum Finance Char e None Transaction Fcc (or Purchase. None Over.thc<rcdlt.limit Fcc 515.00 Late Payment Fcc None A $15.00 lHwUl be charged lor anychedtJ utumtd du.lO lnIulftdmllundJ. DiJdOluteS are accurate u of August3t. 1989, Contact yourc:red1l union (or any chll'lgn in the .bov. Worm.tion. . i , 15.0% A.P.R. Doc. not a I, Credit Union Visailll Application ft CenPennRail Federal V ~ 5050 Derry Street Harrisburg, PA 171 Line of Credit $ 1200.00 " (717) 564-3081 r\ 1) use the Visa card, I (we) agree to be bound by the terms and conditions accompanying the Visa card(s) and I amendments, I (we) hereby acknowledge receipt of the Credit Union Visa Agreement and Billing Rights thatlnlorm ) of the terms, responsibilities and rights as a Credit Union Visa account user, ah/k ~/~~ Preapproved Applfca . Slgn.ture Member WALTER 5 STECK SR. Account Number '7,,-nn~ ~f;t/J D te Pro.p o.Appllcant'.Slgn.ture O.le Authorized U.er'. Slgn.ture No envelope is rtquirtil, Bring your form to t~ Crtdit Union o[fia, or simply fold, ""I.nd mIIil. Postllge i$ ..""ired, .-.-.. -. ~_.~...+.- . , .-....,...' . --~ ....- ..... - -.---. _..._-----~-,--~----- .:' '.' . . ~ . '1" , , , " ,. , , '. :, '~;:.':.,::!:':>,::::.C;:::'::"":: '. ..' . . , ",;;+:: ';:;:;;';;:/:H;t:~~.~.::,~?: , ,. 'of' . ....., '.' ','. ...;..:......~ ',' '0 .h .., . .... " " .:.', ' ..", .' ',.' . , ' " ' .j: , . ,~ '0 . .. ., . EXHIBIT A ft. BLUE CIIIP FEDEltAl, CIlEDlT UNION ~ 5050 Derry Street Ilorri,burg, PA 17111 3 (717) 564.J081 == Date 19 VISA CllEllIT CARD AGllEEMENT In this Aireement the words .you. Bnd .your" menn {'neh and 011 of those who DKTeo to be bound by thi. AiJ'Comcnt; .Card- mean_ the VISA credit card and any duplicates, renewals, or lubstitutionll the Credit Union llllues to you; -Actount- mean. your VlSA credit card line of credit account with the Credit Union, and .Credit Union- means the Credit Union whose name appears on thl. Aareemcnt or anyone to whom the Credit Union transfers this Agreement. 1. U!IIlnD' YourA~~ount. If you are approved for an Account, the Credit Union will eltabll.h a line of credit for you and noUfy you of your credit limit. You agree that your credit limit Is thu maximum amount (pW'chut!I, cash advances, finance charges, plua .other charges-) that you will have outstandinlon your Account at any time. Each payment you make to your Account will restore your credit limit by the amount of the payment, unleu you are over your credit limit. If you are over your credit limit. you mU5t pay the amount you are over before paymenta will begin to restore your credit limit. You may request an Increase in your credit limit only by a method acceptable to the Credit Union. The Credit Union haa the right to reduce your credit limit, refuae to make an advance andlor tenolnl1te your Account at any time for any reason not prohibiled by law. 2. lJdna th" VI!=;A Cnrd You may use your Card to make purchases from merchants and othen who aCtept VISA Cards. In addition. you may obtain cash advances Cram the Credit Union and from other financial inatitutiol15 that accept VISA Canb, and from some automated teller machines (ATMs), such as the vtSAATM: Network. that accept VISA Card., (Not an ATM. o"'apt VISA Cards.) 'lb obtain c..h advances Crom an ATM, you muat use the Personal Identification Number (PIN) that is issued to you Cor Wle with your Card. 3. ~~nonllibmtv. You agree to pay all charges (purchases and cash advances) to your Account that are made by you or anyone whom you authorize to use yourAccount. You also agree to pay all finance chuges and other charges added to your Account under the tenos of thil ~ement or another agreement you made with the Credit Union. If this is ajointAccount, Section 18 below olso applies to your Account. 4. GrlJ.cf! Pf"rfod. In order to avoid a finance charge on purchaael made since your tast statement date, you mWlt pay the Thtal New Balance shown on your statement within 25 days oCthe statement ctoling date. Otherwise finance charpon purchases is calculated from the beeinnlni ofthe nf'lt statement period on previoUlly billed but unpaid purchases and on new purchases from the date they are posted to your account. Cash advances are alwaYlsubject to finance charge Crom the date they are posted to your aCtount. . Ffnnnr.ft ChAI"Q'PII The nnance charee (Interest) on purchases and cuh advances is catculated at the periodic rate of1.04166% per month which \I an ANNUAL PERCENTAGE RATE of 12.50%. Saparole finance charees for purchases and cuh advance. an detennined by multiplying the periodic rate by the separate average daily balances for purchases and cash advances. Each average daily balance i. detennined by taking the beginning balance (o( cash advances or purchases) in your account each day, adding any new purchases or cash advances(whlchever Is applicable) and subtracting any payments or credit.a. The re.ulta are the daily balanCt's. All the daily balances Cor the ltatement cyclo are added and the total is divided by the number of days in the statement cycle to arrive at the averllge daily balance for the cycle. 5, 6, Othr.r ChRI"Q'f"". The Collowing other charges ((ees) wilt be added to your Account, as applicable: al Ovel'the.Credlt.L1mlt Feel S15,OO, bl Relurned Check Fee: S15,OO, c) Collection Co.lI: 1b the extent pennltted by taw, you wilt also be required to pay the Credit Union'scollection expenses, including court costs and reasonable attorney's fees. 7. PoVntf'lnfll. Each month you mUlt pay at tea.t the minimum paym .hown on your atatement by the date apecified on the statement 01 later than 25 days (rom the .14tement closin, date, whichever Is I.. ICyour statementsaya the payment Is-Now Due,- your payment 15, no tater than 25 daYI from the statement closini date. You may; more frequently, pay more than the minJmum payment or pay the Tl New Dalance In fult. If you make extra or larler payments, you .till required to make at lent the minimum payment each month y, Account hu a balance (other than a credit batance). The minim payment Is 2.5c:\ of your Thlal New Dalance, or S2~.OO, whichevt" greater, plua the amount of any prior minimum payment. that ~ have not made, and any amount you are over your credit limit. 1 Credit Ultlon also haa the right to demand Immediate payment or ,- amount by which you are over your credit limit. 8. P.IlYmf!nt Alloc.Iltlon. Subject to applicable law. your paymenta n be applied to what you owe the Credit Unton in any manner the Crr Unlon ch...... 9. ~~rHv Int"rtOlIt. It you giv, the Credit Union a spedftc pledGl ,hara. by .ll(lling a separole pledp of .ha....1Our Arnlunt will secured by your pled,ed share.. CoUateral HCUrin, other loans ~ have with the Credit UnJon may alia HCUn thJ.1oan, except that y, home will never be conaldered al IIcurity (Ilr thl, Accou notwilhatandlnr anytbtnr to tho contrary In any other .greement. 10. n"f.ult. You will be In defauJtlf you (aU to make any mlnlmt payment or other requJnd payment bJ the date that it iI due. You \\ be In dafault If you br..k any promise you maU under thl.Arrsem" You win be In dafault If you dia. fila for bankruplq or become InlOl.., that is, unable to pay JOur obU,atfonJ when they become due. You \\ be in dafault If you malte any false or mlJlaadlnr 'talem.nts in u credit appncation or credit upd.ta. You will aI,o be in dafault .omathinr happell.l th.t the Cradlt Union bell....mey .ul>ttantio raduce your ability to "p.y wh.t 10u owe. "Any .h.... (..c1udi IRA .h.".) In your account will be .pplled to what 10U owa. Wh you ." In dafault tho credit union .....I'VII tho right to dlscontin .....Ic.. belnr olfered to you upon prnvIdinr you with wrlUen notl thirty (30) day. prior to the dale of cancen.tion.. Whan you ." In defaul~ tho Cradlt Union baa tho rirbt to damel Immedi.le payment of 10ur full Arnlunt balanca without rim, y' notice. Iflmmadl.ta paymant II damandad,you......to conllnua payll finance charre. at the periocllc rale <harp! before dafaul~ until wh you owa h.. been paid, and any.hara. that wen rlYIl1 .. security f your Arnlunt may be appllad towanl. what 10U owe. 11. r I.hllltv fnr l1naulhorlUMt 11..I..olltlRtnl.n e..... NntJft".IlUo, You m.y be lIabla for tho WIIuthorilld _ otyour Card. You will no be n.bl. for un.uthorilld ilia that 0ClCUJ1l aIlar you nollJ:y tho Orad Union, orally or in writing, ofthelou. theft.. or pouibl, unaUtborflt usa. In .ny cue.1Our liability will nol_ tao,oo, You eon noti tho C"dit Unlon by call1n, (71715tu-308l, 12. eh..n"'n. nr 'l\tnnln.Un. YntIP A~L 11M CrtclIt Union me chanp the tsl1Dl of thia Arrsemant from IImt to tIma. Noll.. of or. chanra will be riven In ."",rdanca wlth.III>llcabI.Iaw. UparmJ_ t law .nd 'podfted In tho nollca to you, tl.e chanp will .pp1y to 10\- exi.ting Arnlunt bal.nca.. wan.. to futuro tranuc:ll0IlI. Either you or the Cradlt Unlon may tarmlnatsl tblI "--l at It tima. but lennlnation by you or tho Cradll Unlon will n~ "'1'01 obllpllon to pay theAccount balanc:a p11118111 ~ lIllIotw....,.. you owe under thJa Afreement. You art a1Io ntpOulU. tor . tranllction. mad. to your Account after ttnaWH-. ant.. t.h tranJaction. were unauthorized. I I , ! \ I' L L' I Copyright CUNA Service Group, Jne.. 1991 EXHIBIT 0 ION REVERSE SIDE The Card or Card. you receive remain the property orthc Credit Union and you mUlt recover nnd lurrt'ndcr to the Credit Union nil Card" upon rfqueltor upon tenninlltion orthilAgreement whether by you or the Credit Union. The Credit Union has the right to require you to pay your rullAccount balance at any time ancr your Account is tenninated, whether it il tenninated by you or the Credit Union. Irthll is ajoll1t Account, Smlon 18 of thl. AgnC!m.,nt alao applies to lennlnaUon of the Account. 13. C....dlt fnfnnnntlon. You authorize the Credit Union to Investigate your credit ltandlng when opening or reviewing your Accounl You authorize the Credit Union to dllcloso Inronnatlon reearding your Account to credit bureau. and crediton who inquire I1boutyour credit ltandinr. 14. ~turnll and Adhudm..nt.s. Merchn.nta and others who honor your Card may rive credit for returna or adjuatmenta. and they will do.o by lendinr the Credit UnJon a credit aUp which will be posted to your Account. I(yourcredit. and paymenu exceed whotyou owo the Credit Union,lbe amount will be applied against future purchuel and cuh advance.. lfthe credit balance amount il $1 ormore,lt will be refunded upon your written requelt or automatically aner lix months. Hi. Addltlnn.1 Ren..fUAlCllrd Enhllnremenh The Crtdit Union may from time to time afTer additionalaervices to your Account, such as travel accident In.urance, at no additional co.t to you. You understand that the Credit UnJon II not oblirated to orrer such service'llnd may withdraw or change them at any time. 16. FOrr!11m Tran...rtlonll. Purchase. and cuh advances made In foreign countrie. and roreign cummdes will be billed to you in U.S. dollars. The convenion rate to U.S. dollars will be detennined in accordance wilh tha operating regulationa ealabliahed by VISA U,S,A Currenlly the CW'Tency conversion rate used to detennine the transaction amount in U.S. dollars il either a rovernment-mandat.ed rate or the whoJeaale rate in errect one day prior to the trlnaaction processing date,lncreased by one. percent. The curnncy conversion rate uacd on the procell. dale may differ from the raw that would have been used on the pure! dllte or rnrdholder statement postine dntc. 17. !'tIrrrhnnt D1!tnutl'!l. Tho Credit Union Is not respon.lble ror r.rnanl of any merchant or financial In.Utution to honor your C. The Credit Union il .ubject. to claim. and defense. (other than' claims) arisinr out of roods or services you purchu8 with the CDr you have made a good raith attempt but have been unable to obt aatisfact.ion from the merchant or service provider, and (a) your pwth was made in rcsponse to an advertisement the Credit Union senl participated In sending to you: or (b) your purchase cost more t1 $50.00 and WD.' made in your state or within 100 mllel oryour hOI 18. Joint At't'ounh. Irthls is ajolntAccount, each person on theAccOl must Iii" theAgnement. Each oryou will be individUllllly and Join rtlponsible ror payinr all amounLl owed under this Aareement. T: moan. that the Credit Union can require anyone of you individua to repay the entire amount owed under thJs Alreement. Each or ~ authoriw the othert.) to make purchueJ or cuh advancel individUll. Any ono of you may tennlnate the Account and the tennlnation will effective u to all or you. 19. Effp.(!t of AIf'rfof!mpnt Thil ~ement is the contract which appli to all tranlactionl on your Account oven though the sale" CL advances, credit orotherllipl youllgn or receive may contain differ!.' lfnn.. 20. No WRlv.... Tho CredJt Union can delay enrordnr any of ita nit any number orUmel without 101lnr them. 21. Slatflompnfll And Nntlrf!!I. Statementa and notim will be mailed you at the maat recent addrtu you have riven the Credit Union. Not! lent to anyone o(you will be considered notice to aU. 22. CODY IL-rf!IVM You acknowledre that you have received a copy thJs A,reemenl YOUR BILLING IUGlITS KEEP lHIS NOTICE FOR FtlTURE USE Thil notice contalnl imporl4nt lnfonnation about your rights and our re,ponslbllities under the Fair Credit BlUine Act. Notlty U. In Cue of ErTan or Que.Uona About Your Bill If you think your bill il wrong, or if you need mar. Inrormation about a tranuction on your bill, write UI on a .aperate aheet at th. addn..li.ted on)'OurbilJ. Write to us u anon u postible. We mOlt hear t"romyou no later lban 60 da)'laft.er we lent you the fint bill on which the error or problem appeared. You can telephone 01, but dolnr aD will not preserve your rights. In your letter, give us the following Inrormation: . Your nama and account number. . The dollar amount or the Iwpected error. . Delcribe the error and explain, if you can, why you believe there il an elTor. Ir you need more infonnation, describe the item you are not sure aboul If you have authorized us to pay your credit card bill automatically from your savinp or lhare draft account,)'Ou can stop the payment on any amount you Wnk is wrong. 'Ib ltop the payment your letter must reach us three bUline.. daYI before the automatic payment i. acheduled to occur. Your Wahta and Our Re'pol1libUltlesAfter We ReceiveYour Written Notice We must t\cknowledp your letter within 30 days, unless we have corrected the eITOr by then. Within 90 days, we must either correct tha error or explain why we believe the bill wal cornet. After we receive your letter, we cannot try to collect any amount you question, or report you.. delinquent. We can continue to bill you for the amount you' queltion, Includinr finance chafiel, and we can apply an unpaid amount aeaJnat your credit IImil You do not have to pay any questioned amount while we are inve.tigatin" but you are lUll obligated to pay the part.l of your bill that are not In question, Itwe find that we made a mistake on your bill, you win not have to pay an: finance charm related to any quutioned amount. If we d;dn't make . rni.take, you may have to pay finance charpt:, and)'Ou will have to mak. up any mllsed payments on the questioned amounl In eithercaae, we wi! lend you a ltatement ofth. amount you owe and the date that it is due. I( you raU to pay the amount that we think you owe, we may report you at delinquenl However, if our explanation don not utiafly you and you writt! to us within ten da)'l telllnlu. that)'Ou .till re(UM to pay, we mwt tell anyone we report you to that you have I que.tion about your bUI. And. we must tell you the name of anyone Wt reported you to. We mOlt tell anyone we report you to that the matter hu been Mtlled between us when it finally is. !fwa don' follow th... rules, wa _'collect tha 8nl $l50.oo of the quesUoned amount, even i( your bill wu col'r'Kl Special Rula 'or Credll Coni !'unoha... If you hava . problem with tha quality of property or Hrvlcea th.1 you pun:hased wilh a credll card, and you havelried In good faith 10 cornel th. problem with tha mercl1an~ you may hava tha righl nollo pay Iba nmalnlng amount due on the property or Hmeet. There IJ"I two UmltatioOl on this righ~ (a) You mUlt have made the purch... in your homa atate or. J( not within your home .tate, within 100 mllu O(1OUZ' CUITInt malll", addreuj and (b) The purchua prica moal have been mon than $50.00 'I'heseUmJtaUoOl do not apply Ifw. own or operate the merchant, or If.. mailed you the adverti.ement for the property or a.mcee. A .-...uu ~.,"-'.... ~ & ~ C) ~B I"':: ">; u; '~ .. 1-. If t~~ . j.", ~ ~ ~, '_.1;: - 0.: . }::~ /"'(\ ~ r~, :\~ 1'1> l--' I'() L. 0 ;f') ~ l.:, A c::L' c:::: ,,;::'.. (: LW -,-itJJ l".. ~~1 u. d ~~ it. r- :3 0 en <.) ~ I H~= 1IIl~ ,.:J O~ I me'~ 8~~!1 ,.:J0I1lC 1lQ1ll'"' ~1Il ,~ el 104 r:: a fJ t i IlC ..:I III a a IIIl ~ III 104 III U , ". \ M , , 'Plllllll t ~~ ; =..:1= IIIl 1lQ::= IlQ II :.,Cl IIlOW",,", Oc'"' . III III ":: .g ~ III .-; III oIJ . 'Pl II Ill", IlQIIlC , 1-1 IllCII =~rlrl OW== 104 lZl 1-1 IlC ..:I III I: o U . ... LAW ornca 0.. KNUPP A KODAK, P.C. CAMUQN MAN.ION wrllOllTII'ntONT .-nulEI' ..0. IKJ" ..... HA......Uao. p" 11....141 .. ~ ~ ... ~;j! ~e.J.~l:l1 _. I!l 2 Cl ~ffiu_c( u.t... 0 Q:=~~! C ..... O:Z:: l.&.I l.o.JO-'"",,u..~ ~{<'=~~o 1_ ~ u.t Z ~ W W 1.0.1 -!i! ~~~Elj ~~e~~i~ ~e~~l!5~iilii . u 0: & I a~!ml~ . .. ~ cl ~.. ;. ~ ' ';' ._,,-