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Home My WebLink About02-6026MEMBERS 1 st FEDERAL CREDIT UNION, Plaintiff Vo RITA S. SPICHER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTy, PENNSYLVANIA ; : COMPLAINT IN ASSUMPSIT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY iNFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. AN IMPORTANT NOTICE OF RIGHTS APPEARS ON THE NEXT PAGE. NOTICE 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990_9108 MEMBERS IsT FEDERAL CREDIT UNION, Plaintiff Vo RITA S. SPICHER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTy, PENNSYLVANIA : : NO. : : COMPLAINT IN ASSUMPSIT THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume the said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plainfiffand mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide Debtor with the name and address of the original creditor if different from the current creditor. SAIDIS, SHUFF, FLOWER & LINDSAY Geoffrey S. Shuff, Esquire Supreme Court ID #24848 2109 Market Street Camp Hill, PA 17011 (717) 737~3405 Attorney for Plaintiff MEMBERS I ST FEDERAL CREDIT UNION, Plaintiff RITA S. SPICHER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTy, PENNSYLVANIA : : NO. : : : COMPLAINT IN ASSUMPSIT NOTICIA~ Le han demandado a usted a la cone. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tien veinte (20) dias de plazo al panir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus de£ensas o sus objeciones a las demandas en contra suya. Se ha avisado que si usted no se defienda, la cone tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. USTED PUEDE PEP, DER DINERO O PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 MEMBERS 1 ST FEDERAL CREDIT UNION, Plaintiff RITA S. SPICHER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTy, PENNSYLVANIA ; : : ; : COMPLAINT IN ASSUMPSIT COMPLAINT AND NOW, comes Plaintiff, Members Ist Federal Credit Union, by its attorneys, Saidis, Shuff, Flower and Lindsay, and files this Complaint, alleging in support thereof the following: 1. Plaintiff, Members 1st Federal Credit Union ("Members lSt"), is a banking association organized and existing under the banking laws of the United States of America with a principal regional office located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant, Rita S. Spicher, (the "Defendant") is an adult individual having a last known address of 34 Mallard Court, Mechanicsburg, Pennsylvania 17055 and 900 Allenview Drive, Mechanicsburg, Pennsylvania 17055. 3. On or about August 25, 1997, Defendant obtained a loan from Members 1st in the original principal amount of Sixty-Four Thousand Sixty-Seven and 85/100 Dollars ($64,067.85) (the "Loan"). The Loan is evidenced by a Closed-End Note, Disclosure, Loan and Security Agreements dated August 25, 1997, in the original principal amount of Sixty-Four Thousand Sixty- Seven and 85/100 Dollars ($64,067.85) (the "Note"). A copy of the Note is attached hereto as Exhibit "A" and made part hereof by reference. 4. Under the terms and conditions of the Note, Defendant agreed to repay the principal balance of the Note in the amount of Sixty-Four Thousand Sixty-Seven and 85/100 Dollars ($64,067.85) together with interest at the annual percentage rate of 9.75% by way of regular monthly payments of principal and interest in the mount of One Thousand Fifty-Four and 49/100 Dollars ($1,054.49) each to commence on September 21, 1997, with the full outstanding balance of the Loan together with interest thereon due on or before August 21, 2004. 5. Defendant is in default of her obligation to make payment of the amounts due to Members 1 st under the Note for, inter alia, failure to make the monthly payments due to Members 1st under the terms and conditions of the Note. 6. As a result of Defendant's defaults, Members 1st exercised its rights and remedies under the Note and accelerated all of the amounts due under the Note and demanded immediate payment of all of the amounts due under the Note. 7. The amounts due to Members 1st under the Note as a result of Defendant's defaults as of December 17, 2002, is Sixty-Seven Thousand Three Hundred Ninety-Five and 50/100 Dollars ($67,395.50) itemized as follows: a. Principal $50,754.47 b. Interest as of December 17, 2002 $14,103.31 c Attorneys' Fees ~ d Total Due $67,395.50 8. Defendant also agreed under the terms of the Note that in the event of default thereunder Defendant would pay, in addition to the charges listed in paragraph 7 above, costs incurred by Members lst as a result of the institution of these legal proceedings. 9 Despite Members ISt's demands, Defendant has failed and continues to fail to make payments of all amounts due to Members 1it under the terms and conditions of the Note. WItEREFORE, Plaintiff, Members 1st Federal Credit Union, demands judgment against Rita S. Spicher, Defendant, in the amount Sixty-Seven Thousand Three Hundred Ninety-Five and 50/100 Dollars ($67,395.50), plus interest at the rate of $13.5577 per day, through the date of Judgment entered hereon and at the legal rate thereafter through the date of payment, including on and after the date of entry of judgment on this Complaint, and legal fees and costs. Date: /~//7//~'7~ Respectfully submitted, SA/DIS, SHUFF, FLOWER & LINDSAY Geffffxo~. ~ff, Esquire Supreme C~0u(-t m #24848 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff lC./d6 '/'-/ SPlCNER, DENNIS E, & SPICHER~ RITA S. 1112 EAST LISBURN ROAD MECHAN I CSBURGI__PA 17055 161069-01 SPICHER~ RITA S. ANNUAL PERCENTAGE FINANCE CHARGE: Amount Financed: '~T~e To~al of Paymenls: The ~ SECURITY ii~FORMATtON r~/a OTHER (Oescrlbe): n / a I agree thal the lamas and condglons in he d sc osure stalemenl above end the loan and security ag eements located on he averse side ol this documen( shall apply to Ibis loan II lhere is more than one bo.owe , we agree that all Ihe condillons of the loan and security agreemen s governir~ h s loan shall apply to holh io~ntly and severally. I acknowledge that I ave received a copy o! the loan and security agreemenls end disclosure stalement. · .,t.¢,~.,~_ _,..-,., .,.~.,,,~...~ se~l IX SEAL I IN THESE AGREEMENTS, THE WORDS "1" "ME" "MY' AND .... MEAN "YOURS" MEAN THE CREDIT UN ON ' MINE I. OAN AGREEMENT Contractual Pledge of Shares p edge all my shares and deposits in Ihe nd vid[tel Rellremenl Account" or "Keogh P~an." accord~l t.o the t?ms of the credit exlensfon. I p om se to in~;(~rm you of me for the purpose s a ed in my applical On; or (3) il you shot~ld, proceedings; or (6) it the co ateral, If any, g~ven as security for this loan or (7) if I do r~ol pay on time any of my other or future debts 1o yOu you ALL TFIOSE NAMED AS DEBTORS THE WORDS 'YOU," "YOUR" AND SECURITY AGREEMENT described on the reverse s de of Ibis documen . The seeur tyP~ln~Yeres I further aulhorize you Io provide your nsbrance Sewice Center wilh fha 7177373~87 SAIDIS SHUFF MASLAND 355 F~Dg×Sg DEC 10 '0~ 14:S? MEMBERS 1 ~r FEDERAL CREDIT UNION, Plaintiff RITA S. SPICHER, Defendant : ~ THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. COMPLAINT IN ASSUMPSIT VEI~FICATION I, Lyre, Vnger;'-~_~'.~_~°w-1 ~c,4isy _, for Members I~ Federal Credit Union, being author/zed to do so on behalf of Members 1~t Fedexal Credit Union, hereby verify that the statements made in the foregoing pleading are true and correct to the best o£ my info~rnafion, knowledge and belie£ I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unshorn fal~ificafion to authorities. MEMBERS 1~ FEDERAL CREDIT UNION Date: SHERIFF'S RETURN - REGULAR CASE NO: 2002-06026 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT UNI VS SPICHER RITA S JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SPICHER RITA S the DEFENDANT , at 1519:00 HOURS, on the 17th day of January at 900 ALLENVIEW DRIVE MECHAiqICSBURG, PA 17055 by handing te RITA SPICHER a true and attested copy ef COHPLAINT & NOTICE , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 16.56 Affidavit .00 Surcharge 10.00 .00 44.56 Sworn and Subscribed to before me this 2~t day of ~ 'A~-~-~ ~ A.D. / ~Pr~othonotary ~ So Answers: R. Thomas Kline 01/22/2003 SAIDIS SHUFF FLOWER LINDSAY By: · ,,, ?...(~./__ /' DeputY Sheriff MEMBERS 1ST FEDERAL CREDIT UNION Plaintiff VS. RITA S. SPICHER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 02-6026 Civil Term : COMPLAINT IN ASSUMPSIT PRAECIPE TO THE PROTHONOTARY: Please enter judgment in the above captioned proceeding in favor of Members Federal Credit Union, Plaintiff, and against the Defendant, Rita S. Spicher, in the amount of Thirty-four Thousand Five Hundred Fifteen and 00/100 Dollars ($34,515.00). Judgment is being entered pursuant to Stipulation of the parties attached hereto and made part hereof by reference as Exhibit "A". Date: June ~.3 , 2003 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff MEMBERS 1sT FEDERAL CREDIT UNION, Plaintiff VS. RITA S. SPICHER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 02 - 6026 - CIVIL TERM COMPLAINT IN ASSUMPSIT THIS DOCUMENT IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. Recitals A. Plaintiff, Members 1st Federal Credit Union, filed its complaint to the above captioned matter on or about December 19, 2002 (the "Complaint"), which Complaint is incorporated herein by reference. B. Rather than litigate this matter, the Defendant has agreed that the Plaintiff is entitled to judgment in this matter, and the parties have agreed to stipulate to the entry of judgment in this matter. A~reement NOW THEREFORE, the Plaintiff and Defendant, intending to be legally bound, agree as follows: 1. The Defendant hereby admits all allegations contained in the Plaintiff's Complaint in this matter and waives any and all notices, rights to notice and rights to cure Defendant's defaults, if any, described in the Complaint which may otherwise be available to the Defendant under the Note described therein (the "Note") or any other agreement or document executed and delivered to Plaintiff in connection with the Note, or otherwise at law or in equity, and Defendant waives any and all defenses to the Complaint. 2. In Accordance with the terms and conditions of the Forbearance and Settlement Agreement dated /~)r $ I ,2003 and signed by the parties, the terms and conditions of which are incorporated herein by reference (the "Forbearance Agreement"), judgment shall be entered against Defendant and in favor of Plaintiff in the amount of THIRTY-FOUR THOUSAND FIVE HUNDRED FIFI'EEN AND 00/100 DOLLARS ($34,515.00) together with interest at the rate set forth in the Note from the date of Defendant's default under the Forbearance Agreement, including on and after the date of entry of the judgment on the Complaint and costs of suit. IN WITNESS WHEREOF, the Plaintiff and Defendant have executed this stipulation as of the ,3/'~ day of /'r)/4~/ ,2003. Witness: Members 1 st Federal Credit Union ?~g Fuller, Collections Manager Rita S. Spicher, Defendant