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HomeMy WebLinkAbout07-1113NEW CUMBERLAND FEDERAL CREDIT UNION, PLAINTIFF V ANDREW FUNK, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. is `7 - 1lt 3 l U l 1, ?y1/'1 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 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 By: well Law Firm 19 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 NEW CUMBERLAND FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PLAINTIFF PENNSYLVANIA V. CIVIL ACTION - LAW ANDREW FUNK, _ DEFENDANT NO. COMPLAINT 1. The Plaintiff is the New Cumberland Federal Credit Union with a principal place of business located at 345 Lewisberry Road, New Cumberland, York County, Pennsylvania 17070. Plaintiff is a federally chartered non profit credit union. 2. The Defendant Andrew Funk is an adult individual residing at 4 West Dulles Drive, Camp Hill, Cumberland County, Pennsylvania 17011. The Defendant is not a current member of the Armed Forces COUNT I: 2003 PROMISSORY NOTE 3. On April 28, 2003 Defendant executed a Promissory Note attached as Exhibit "A" in the amount of Eighteen Thousand Sixty Eight and 90/100 ($18,068.90) Dollars at 4.990% interest. Defendant was the borrower under this Promissory Note. 4. The terms of Exhibit "A" required timely payments of $157.42 bi-weekly for 129 payments and a final payment of $149.73. 5. Defendant failed to make timely payments and the vehicle securing the Promissory Note was repossessed and sold. 6. The Promissory Note was secured by a 2000 Toyota Celica (VIN JTDD Y32T3Y0004977) which was repossessed and sold at auction in February 2007 with net proceeds of $2,077.00 received by Plaintiff. 7. The outstanding principal balance owed following receipt of $2,077.00 from the auto auction as of February 26, 2007 is $5,058.94 with a per diem of $0.69. 8. Pursuant to each Promissory Note the Defendants agreed to pay all "court costs and reasonable attorney fees" incurred in any collection action. WHEREFORE, Plaintiff respectfully requests entry of judgment in the amount of $5,058.94 at 4.99% interest from February 26, 2007 and a per diem of $0.69 together with all court costs and an award of reasonable attorneys' fees. COUNT II: 2005 PROMISSORY NOTE 9. On September 8, 2005 Defendant executed a Promissory Note attached as Exhibit "B" in the amount of Seven Thousand Seventy Eight and 37/100 ($7,078.37) Dollars at 14.90% interest. Defendant was the borrower under this Promissory Note. 10. The terms of Exhibit "B" required timely payments of $112.84 bi-weekly for 77 payments and a final payment of $106.29. 11. Defendant failed to make timely payments. 12. Pursuant to each Promissory Note the Defendants agreed to pay all "court costs and reasonable attorney fees" incurred in any collection action. 13. The outstanding principal balance owed as of February 26, 2007 is $4,042.61 with a per diem of $1.62. WHEREFORE, Plaintiff respectfully requests entry of judgment in the amount of $4,042.61 at 14.90% interest from February 26, 2007 and a per diem of $1.62 together with all court costs and an award of reasonable attorneys' fees. COUNT III: VISA CREDIT CARD 14. On September 2, 2004 Defendant executed a credit card application which is attached as Exhibit "C". 15. Defendant's account is subject to the terms and conditions set forth in Exhibit "C" which is a true and correct copy of the Visa Credit Card Agreement. 16. Defendant has been late numerous times in paying his minimum payment due on the credit card with $541.41 past due as of February 5, 2007. 17. Defendant's outstanding balance is $541.41 accruing interest at 12.90% annual percentage rate (APR) as of February 5, 2007. 18. Pursuant to the Visa Credit Card Agreement the Defendants agreed to pay "20% collection expenses including court costs and attorney's fees" as set forth in Paragraph 6 of Exhibit "C". This amount totals an additional claim for $108.28. WHEREFORE, Plaintiff respectfully requests entry of judgment in the amount of $649.69 (principal plus past interest and collection costs) at 12.90% interest from February 5, 2007 and a per diem of $0.23 together with all court costs. Respectfully submi By: Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 55 717770127e HOWELL LAW FIRM PAGE 02?' ? Verification I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.. C.S.A. Section 4904 relating to unswom falsification to authorities. I verily that I am the President of the New Cumberland Federal Credit Union and that I am authorized to execute this document. .BY: _ tD?onald?Vamer, Pr ent NCFCU Date: a Ja 4 /a? NEW CUMBERLAND FEDERAL CREDIT UNION P.O. Box 658 - New Cumberland, PA 17070-0658 (717) 774-4633 - 1-800.716-2328 LOAN AND SECURITY AGREEMENTS AND DISCLOSURE STATEMENT LOAN/f)AT?2 003 N NUMBER AC66UNT NUMBER GROUP POLICY NUMBER MATURITY DATE 04 Gt3 2 tf1514 037-0619-4 BORROWER 1 BORROWER 2 NAME AND ADDRESS NAME AND ADDRESS IF DIFFERENT FROM BORROWER 11 ANDREW FUNK 606 STATE ST. LEMOYNE PA 17043 TRUTH IN LENDING _D1SCLOSURf 'e' means a- estimate ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments Total Sale Price The cost of your credit as a yearly rate. The dollar amount the The amount of credit The amount you will have The total cost of your purchase on credit is credit will cost you provided to you or on i f . pa d a ter you have made $ your behalf. all payments as scheduled. 4 . 990 % $ 2,388.01 e S 18,068.90 $ 20, 456.91 a which includes your downpayment of $ Your Payment Schedule Will Be: Prepayment: If you pay off early you will not have to Number of Payments Amount of Payments When Payments Are Due pay a penalty. 129 $ 157.42 EI-WEEKLY 05/23/2003 Required Deposit: The Annual Percentage Rate does AND 1 $ 149.73 a not take into account your required deposit, if any. Pro ertInsurance: You may obtain p y y property insurance from anyone you El Assumption: Someone buying your mobile home want that is acceptable to the credit union. If you get the insurance from us, cannot assume the remainder of the loan on the original terms you will pays N/A . Demand: E] This obligation has a de d f Late Charge: man eature. ? All disclosures are based on an assumed maturity of one year. THIS CREDIT UNI ON DOES NOT ASSESS LATE CHARGES Filin Fees g Non-Filing Insurance $ 0.00 $ /A ? S ecurity: Collateral securing other loans with the credit union may also secure this loan. You are giving a security interest in your shares and dividends and, if any, your deposits and interest in the credit union; and the property described below: Collateral Property/Model Year I.D. Number Type Value Key Number Celica Toyota 2000 JTDDY32T3Y0004977 $ _ 17j? •LC' .00 $ 0.00 A Other (Describe) 0.00 ` 0.00 Pledge of Shares $ 0.00 in Account No. $ 0.00 in Account No. See your contract documents for any additional information about nonpayment, default, and any required repayment in full before the scheduled date. SIGNATURES CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT BEFORE YOU SIGN IT. By signing as Borrower, you agree to the terms of the Loan Agreement. If property is described in the "Security" section of the Truth in Lending Disclosure, you also agree to the terms of the Security Agreement. If you sign as "Owner of Property" you agree only to the terms of the Security Agreement. BORROWER I (OWNER OF PROPERTY F1 WITNESS (SEAL) !3 ? M-11 X (SEAL) DATE BORRO ER2 DATE (SEAL) 11 X 21w_ d (SEAL) DATE [-I OTHER BORRO ? WN OF PROPERTY WITNESS DATE G EXHIBIT G z m 0 CUNA MUTUAL GROUP, 1999, 2000, 2001, ALL RIGHTS RESERVED NXX022 (LASER) Credit Union New Cuunberland Federal Credit Union BGrrdWer(s) ANDREW FUNK ITEMIZATION OF THE A Itemization of Amount Financed of Amount Given to You Directly _ $ 18,068.90 $ n nn unts Paid to Others on Your Behalf: Of an amount is -m $ 17,968.90 To ANDREW FUNK AND $ 0.00 To $ 0.00 To $ To $ To $ To $ To Loan No. Acct. No. L# 2 081514 Amount Paid on Your Account $ 0.00 an asterisk (') we will be retaining a portion $ 100.00 To NCFCU $ 0.00 To $ 0.00 To $ To $ To $ To $ To amount.) LOAN AGREEMlEW In this Loan Agreement ("Agreement") all references to "Credit Union," "we," "our," or "us," mean the Credit Union whose name appears above and anyone to whom the Credit Union assigns or transfers this Agreement. All references to "you," or "your" mean each person who signs this Agreement as a borrower. 1. PROMISE TO PAY - You promise to pay $18,068.9fb the Credit Union plus interest on the unpaid balance until what you owe has been repaid. For fixed rate Loans the interest rate is 4.990 % per year. Collection Costs: You promise to pay all costs of collecting the amount you owe under this agreement including court costs and reasonable attorney fees. 2. PAYMENTS - You promise to make Layments of the amount and at the time shown in the Truth in Lendingg yDisclosure. You may prepay any amount without penalty. rf to make theareguularly s what you payments unlesslwe have agreed to a change in the payment schedule. Because this is a simple interest loan, if you do not make payments exactly as scheduled, our final payment may be more or less than the amount of the final payment that is disclosed. If you elect credit insurance, we will either include the premium in your payments or extend the term of your loan. If the term is extended you will be required to make additional payments of the scheduled amount, until what yyou owe has been paid. You promise to make all payments to the place we choose. If this loan refinances another loan we have with you, the other loan will be canceled and refinanced as of the date of this loan. 3. LOAN PROCEEDS BY MAIL - If the proceeds of this loan are mailed to you, interest on this loan begins on the date the loan proceeds are mailed to you. 4. SECURITY FOR LOAN - This Agreement is secured by all property described in the "Security," section of the Truth in Lending Disclosure. Property securing other loans you have with us also secures this loan, unless the property is a dwellingq A dwelling secures this loan only if it is described in the '?5ecurity' section of the Truth in Lending Disclosure for this loan. /f Credit Union has a federal charter: Statutory Lien - If you.are in default on a financial obligation to us, federal law give us the right to apply the balance of shares and dividends in all individual and 1joint accounts you have with us to satisfy that obligation. After you are in default, we may exercise this ri ht without further notice to you. jWe have a federal char er if our name includes the term Federal Credit Union.") if Credit Union has a state charter, except in Ohio and Rhode Island: We have a statutory lien on tie shares and dividends and, if any, the deposits and interest in all individual and [joint accounts you have with us and may exercise our rights under the lien to the extent permitted by state law. (We have a state charter if our name does not include the term Federal Credit Union.") For all borrowers: You pledge as security for this loan al shares and dividends and, if any, all deposits and interest in all joint and individual accounts you have with the credit union now and in the future. The statutory lien and/or your pledge will allow us to apply the funds in, your account(s) to wat you owe when you are in defaut. The statutory lien and your pledge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as securit 5. DEFAULT - You will be in default under this Agreement if you do not make a payment of the amount required on or ® CUNA MUTUAL GROUP, 1999, 2000, 2001, ALL RIGHTS RESERVED before the date it is due. You will be in default if you break any promise you made in connection with this loan or if anyone is in default under any security agreement made in connection with this Agreement. You will be in default if you die, file for bankruptcy, become insolvent (that is unable to pay our bills and loans as they become due), or if you made any YoTalse or misleading statements in your loan application. u will also be in default if something happens that we believe may seriously affect your ability, to repay what you owe under this Agreement or if you are in defaul under any other loan a reement ?rou have with us. 6. ACTIONFAFTER DEFAULT - When you are in default, we may demand immediate payment OT the entire unpaid balance under this Agreement. You waive any n ht you have to receive demand for payment, notice of inten? to demand immediate payment and notice of demand for immediate payment. If we demand immediate payment you will continue to pay interest at the rate provided for in this Agreement, until what you owe has been repaid. We will also apply against what you owe any shares and/or deposits given, as security under this Agreement. We may also exercise any other rights given 6y law when you are in default. 7. EACH PERSON RESPONSIBLE - Each person who signs this Agreement will be individually and jointly responsible for paying the entire amount owed under this Agreement. This means we can enforce our rights against any one of you individually or against all of you together. 8. LATE CHARGE - If you are late in making a payment, you romise to pay the late charge shown in the Truth in Lending Disclosure. If no late charge is shown, you will not be charged one. 9. DELAY IN ENFORCING RIGHTS - We can delay enforcing any of our rights under this Agreement any number of times without losing the ability to exercise our rights later. We can enforce this Agreement against your heirs or legal representatives. 10. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect. 11. NOTICES - Notices will be sent to you at the most recent address you have given us in writing. Notice to any one of you will be notice to all. 12. OTHER PROVISIONS - NXX022 (LASER) Prepaid Finance Charge - $ n nn NBW CU BW AND FEDERAL CBBDIT UNION P. O. Banc 658 • New Cumberland, PA 17070-0658 (717) 774-4633 9 1-800-716-2328 MNUM. CG) LOAN AND SECURITY AGREEMENTS - AND DISCLOSURE STATEMENT LW/WA2005 LLiF? 8 #N NUMBER AC?OU?T N1 14UMBER GROUP POLICY NUMBER MATURITY DATE U y (J ?3 037-0619-4 BORROWER') BORROWER 2 NAME AND ADDRESS NAME (AND ADDRESS IF DIFFERENT FROM BORROWER 11 ANDREW FUNK 417 HERMAN AVE LEMOYNE PA 17043 TRUTH'1N LENDING D SCLOSUFtE 'e' means an estimate ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments Total Sale Price The cost of your credit as a yearly rate. The dollar amount the The amount of credit The amount you will have The total cost of your purchase on credit is credit will cost you. provided to you or on paid after you have made $ your behalf. all payments as scheduled. 794.97 a which includes your 14 . 900 % $ 1,716.60 e $ 7,078.37 $ 8 , downpayment of $ Your Payment Schedule Will Be: Prepayment: If you pay off early you will not have to Number of Payments Amount of Payments When Payments Are Due pay a penalty. 77 $ 112.84 BI-WEEKLY 09/23/2005 Required Deposit: The Annual Percentage Rate does AND 1 $ 106.29 e not take into account your required deposit, if any. ? Pro ertInsurance: You may obtain p y y property insurance from anyone you Assumption: Someone buying your mobile home want that is acceptable to the credit union. If you get the insurance from us, cannot assume the remainder of the loan on the original terms. you will pay$ N/A Demand: E] This obligation has a demand feature Late Charge: . ? All disclosures are based on an assumed maturity of one year. THIS CREDIT UNION DOES NOT ASSESS LATE CHARGES Filing Fees Non-Filing Insurance $ $ 0.00 N/A Security: Collateral securing other loans with the credit union may also secure this loan. You are givin g a security interest in your shares and dividends and, if any, your deposits and interest in the credit union; and the property described below: Collateral Property/Model Year I.D. Number Type Value Key Number $ 0.00 $ 0.00 $ 0.00 Other (Describe) 0.00 0.00 Pledge of Shares $ 0.00 in Account No. $ 0.00 in Account No. See your contract documents for any additional information about nonpayment, default, and any required repayment in full before the scheduled date. I SIGNATURES -I CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT BEFORE YOU SIGN IT. By signing as Borrower, you agree to the terms of the Loan Agreement. If property is described in the "Security" section of the Truth in Lending Disclosure, you also agree to the terms of the Security Agreement. If you sign as "Owner of Property" you agree only to the terms of the Security Agreement. Fv (SEAL) X (SEAL) VBO OWER 1 DATE BORRO ER 2 DATE X (SEAL) X ?_ c (SEAL) ," F OTHER BORROWER OWNER OF PROPERTY E] WITNESS DATE ? OTHER BORROWER - I] 0 ER OF PROPERTY ITNESS DATE EXHIBIT ? t3 m 0 CUNA MUTUAL GROUP, 1999, 2000, 2001, ALL RIGHTS RESERVED NXX022 (LASER) CreditUri& New Cumberland Federal Credit Union BorroVerlq) ANDREW FUNK Itemization of Amount Financed of $ 7.078.37 mounts $ $ Loan No. Acct. No. L# 5 081514 AUNT FINANCED Amount Paid on Your Account Prepaid Finance Charge $ 0.00 $ n nn 1.. marKea w:tn an asterisk ('*) we will 1 2,458.52 To 600 2,540.99 To UNION PLUS $ 2,078.86 To 0.00 To CREDIT CARD 0. 0 0 To To $ 0.00 To To $ To To $ To To $ To $ To retaining a portion of the amount.) CAPITAL ONE BANK In this Loan Agreement ("Agreement") all references to "Credit Union," "we," "our," or "us," mean the Credit Union whose name appears above and anyone to whom the Credit Union assigns or transfers this Agreement. All references to "you," or "your" mean each person who signs this Agreement as a borrower. 1. PROMISE TO PAY - You promise to pay $ 7,078.3t7o the Credit Union plus interest on the unpaid balance until what you owe has been repaid. For fixed rate loans the interest rate is 14.900/ per year. Collection Costs: You promise to pay all costs of collecting the amount you owe under this agreement including court costs and reasonable attorney fees. 2. PAYMENTS - You promise to make payments of the amount and at the time shown in the Truth in Lendingg Disclosure. You may prepay any amount without penalty. ft ou prepay any part of what you owe, you are s&I required o make the regularly scheduled payments, unless we have agreed to a change in the payment schedule. Because this is a simple interest loan, if you do not make payments exactly as scheduled, your final payment may be more or less than the amount of the final payment that is disclosed. If you elect credit insurance, we will either include the premium in your payments or extend the term of your loan. If the term is extended you will be required to make additional payments of the scheduled amount, until what you owe has been paid. You promise to make all payments to the place we choose. If this loan refinances another loan we have with you, the other loan will be canceled and refinanced as of the date of this loan. 3. LOAN PROCEEDS BY MAIL - If the proceeds of this loan are mailed to you, interest on this loan begins on the date the loan proceeds are mailed to you. 4. SECURITY FOR LOAN - This Agreement is secured by all property described in the "Security," section of the Truth in Lending Disclosure. Property securing other loans you have with us also secures this loan, unless the property is a dwellin A dwelling secures this loan only if it is described in the 'ecurity section of the Truth in Lending Disclosure for this loan. /f Credit Union has a federal charter: Statutory Lien - If you are in default on a financial obligation to us, federal law ive us the right to apply the balance of shares and dividends in all individual and joint accounts you have with us to satisfy that obligation. After you are in default, we may exercise this rigght without further notice to you. SWe have a federal charier if our name includes the term 'Federal Credit Union.") /f Credit Union has a state charter, except in Ohio and Rhode /s/and: We have a statutory lien on the shares and dividends and, if any, the deposits and interest in all individual and )joint accounts you have with us and may exercise our rights under the lien to the extent permitted by state law. (We have a state charter if our name does not include the term Federal Credit Union."I For all borrowers: You pledge as security for this loan al shares and dividends and, if any, all deposits and interest in all joint and individual accounts you have with the credit union now and in the future. The statutory lien and/or your Fledge pledge will allow us to apply the funds in your account(s) what you owe when you are in default. The statutory lien and your pledge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as securit 5. DEAULT - You will be in default under this Agreement if you do not make a payment of the amount required on or 0 CUNA MUTUAL GROUP, 1999, 2000, 2001, ALL RIGHTS RESERVED to on Amount Given to You Directly $ 9 AqA q1 an amount is before the date it is due. You will be in default if you break any promise you made in connection with this loan or if anyone is in default under any security, agreement made in connection with this Agreement. You will be in default if you die, file for bankruptcy, become insolvent (that is unable to pay our bills and loans as they become due), or if you made any your or misleadin statements in your loan application. You will also be in dgefault if something happens that we believe may seriously affect your ability. to repay what you owe under this Agreement or if you are in default under any other loan a reement ?rou have with us. 6. ACTIONS?AFTER DEFAULT -When you are in default, we may demand immediate payment of the entire unpaid balance under this Agreement. You waive any ri ht you have to receive demand for payment, notice of inten? to demand immediate payment and notice of demand for immediate payment. If we demand immediate payment, you will continue to pay interest at the rate provided for in this Agreement, until what you owe has been repaid. We will also apply against what you owe any shares and/or deposits given, as security under this Agreement. We may also exercise any other rights given 6y law when you are in default. 7. EACH PERSON RESPONSIBLE -Each person who signs this Agreement will be individually and jointly responsible for paying the entire amount owed under this Agreement. This means we can enforce our rights against any one of you individually or against all of you together. 8. LATE CHARGE - If you are late in making a payment, you om:se to pay the late charge shown in the Truth in Lending drisclosure. If no late charge is shown, you will not be charged one. 9. DELAY IN ENFORCING RIGHTS - We can delay enforcing any of our rights under this Agreement any number of times without losing the ability to exercise our rights later. We can enforce this Agreement against your heirs or legal representatives. 10. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect. 11. NOTICES -Notices will be sent to you at the most recent address you have given us in writing. Notice to any one of you will be notice to all. 12. OTHER PROVISIONS - E c A n. s 0 v c a oco E V a m 0 v 0 M 9 NtFCL VISA Credit-Gard PPli6tion' tt _ '? ?vn?C ???trar ? _ hd Applicant ecT u ?L-`h L •? ?y Date of nppttgM First Name SSN f, .L?C] of Sl 7 ?S{? 1 )6 1 r Birth Driver's Lice nse Number & State n -7 CL Street Address L tanov?,,o Q 17??3 4 Gty State Years T? her- pvvn/{tent Pmt Amt. Home P;I.,,e4 Previous Address ftf less than two years at present address) 8 7 Years There Own/ Rent Rent Number of Dependents nLa In -'-n-s PresentEmploye_rEmployees Street Addr s Employer's Ci. ?y.??p State Zip Position ` -? Date Hi ed I--I ? ?7? Work Phone Joint AppllcilLm LAST Name TplicaM First Name SSN Date of Birth Drivers License Number & State Present Employer Employers Soeet Address Employer s City State Zip Position Date Hired ?- I Work one Notice: Alimony, child support, or separate maintenance need not be revealed if you do not wish to have it considered. Month) Sala ?r ss Net Other Income ? Gross ? Net 1 /P NCECU Account NO. I C Cr it Limit Requested This statement is submitted to obtain credit and Vwe certify that all informa- tion herein is true and complete. UWe also authorize NCFCU to verify or obtain further information NCFCU may deem necessary concerning my/our credit standing if this application is approved and a VISA Credit Card(s) is is- sued. The undersigned applicanos) by siggning, using, or permitting another to use the VISA Credit Card(s) agree(s) that tFte appl terms and condit icants will be bound by the ions of the cardholder agreement accompan)m the VISA Credit Card(s) and all amendments. I/we understand the typpep ofctedit'card and credit limit wil be established after my financial inforrh4,0 iii; been review d. Appl' ant's Signa Da e' . Joint Applicant's Signature Date Verification Of Income May Be Re uired ForOfftdal.U Yc F,Pate: ?I Loan O i of Card C om: _.. .: _...:,.3+w eisysc.,_i _.?•; r x.Sf:G-Yx^ 4F:,uu.a?aae. EXHIBR C 00 ca 0 C13 =a) O)o z 00 O C) UmE 15 w c°?va' $yaoia> a? c °x' Lm a) m a °o ° o cu L) ma :t- 0 Co co -0 :s I cu BCD c acia E c=.Ecomo>>E=mm Co o ocnom(D =o n,N r, o r-I W m °o ° m - m° o°° a> c > m CI- o ? c 0 c N ° L c I? CU N c U 0? >o. D ° E T E c m c N V¢ O i = Om? m a) Cn O E N -. W y ui¢o'c o ° `o m o= o= c`a} m.ov ?° m aai c°i y miv o 0 0=o a° o aE°i ° c mo ?? U m m >. > E.' c m m ° m m= E F- p >-2 N >,m m °_ sue. °¢ °c c > ULccaE°>.E cam' m>° o a>om a?°°>rnoo Z -CL t >, = N o ° - o m a? cu -_ -_ >> co > ° o m o o -0 aa) ° -0 ° ° m U 3 ,--? 'Ty 00 0 0 0 G D_..._ T'° > >+'.'. •O =? 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N rn -F.jaTt V lid, ?'6 1 _ _ cri It NEW CUMBERLAND FEDERAL CREDIT UNION, PLAINTIFF V ANDREW FUNK, DEFENDANT TO: Andrew Funk 4 West Dulles Drive Camp Hill, PA 17011 DATE OF NOTICE: April 10, 2007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 -A 113 CIVI TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONA AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 w Respectfully submitted, By: Staten Howell, Efgwfre owell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Date: April 10, 2007 Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Andrew Funk 4 West Dulles Drive Camp Hill, PA 17011 By: Date: April 10, 2007 ? ?a '" C1 ?..- _...f ...3 <? ?+ ., ? T ?. '?, r? c-' ._.,? ? ?? ?,? _ -, ...- - } . -r - ? . ? c NEW CUMBERLAND FEDERAL CREDIT UNION, PLAINTIFF V. ANDREW FUNK, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 07 -1113 CIVI TERM PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a DEFAULT JUDGMENT against ANDREW FUNK for his failure to file an Answer to the Complaint served MARCH 20, 2007 by the Sheriff of Cumberland County as shown on Exhibit "A-1 ". A Notice of Intention to Take a Default Judgment was filed on April 11, 2007 and served using a U.S. Postal Certificate of Mailing by first class prepaid postage on April 10, 2007 as shown on Exhibit "A-2" (Certificate of Service and USPS Form 3817 are attached showing service). No answer or response having been filed with the Prothonotary as of May 15, 2007 please enter a Default Judgment in the following amount as of May 15, 2007 against ANDREW FUNK: Count I $ 5,058.94 Interest Count I $ 53.82 (4.99% per annum from February 26, 2007 at $.69 per diem) Count II $ 4,042.61 Interest on Count II $ 126.36 (14.90% per annum from February 26, 2007 at $1.62 per diem) Count III $ 649.69 Interest on Count III $ 17.94 (12.90% per annum from February 5, 2007 at $.23 per diem) Fees $ 192.00 (Legal Fees Expressly Recoverable Under Contract) $10,141.36 plus all costs Respectfully submitted, By: Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Date: May 15, 2007 SHERIFF'S RETURN - REGULAJ ,,---CASE-NO: 2007-01113 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEW CUMBERLAND FEDERAL CREDIT VS FUNK ANDREW KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FUNK ANDREW the DEFENDANT , at 1833:00 HOURS, on the 20th day of March 2007 at 4 WEST DULLES DRIVE CAMP HILL, PA 17011 by handing to PHILIP REESE, ROOMMATE/COUSIN, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 r="... Service 28.80.?'? a Postage .39 Surcharge 10.00 R. Thomas Kline .00 57.19 03/21/2007 STEVEN HOWELL Sworn and Subscibed to By: before me this day De ty S if of A.D. ( % EXHIBIT A-1 (is I 4 NEW CUMBERLAND FEDERAL CREDIT UNION, PLAINTIFF V. : ANDREW FUNK, DEFENDANT TO: Andrew Funk 4 West Dulles Drive Camp Hill, PA 17011 DATE OF NOTICE: April 10, 2007 0 COPY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 113 CIVI TERM t' 1'71 m -in IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONA AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 & EXHIBIT l? -2 A- mow'. r° Date: April 10, 2007 Respectfully submitted, By: Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage-- prepaid, first class United States Mail addressed as follows: Andrew Funk 4 West Dulles Drive Camp Hill, PA 17011 By: Date: April 10, 2007 U.S. POSTAL SERVICE St en Howell, Eegw re owell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 MAILING PROVIDE FOR Steven Howell Received F Attorney At Law 619 Bride Street New Cumberland, PA 0 orm co - ° ro o it p N One piece of ordinary mail addressed to. r H4wwy .`?, Wl'1 ° r7 C &0 ?••°,°?oo / M M PS F . , January Zu01 ?? -r+ <J? a r~ ?-r-'` ?'' c ? ?, `- ..--- ' `? u ._.., _ b l? v 1 V ti t Sr., d -.? NEW CUMBERLAND FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PLAINTIFF PENNSYLVANIA V. CIVIL ACTION - LAW ANDREW FUNK, DEFENDANT NO. 07 -1113 CIVI TERM RULE 236 NOTICE OF FILING JUDGMENT (X) Notice is hereby given that a money judgment in the above captioned action has been entered against you in the amount of $10,141.36 plus all costs on A4A4W-H 2007. (X) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Prothonotary Civil Divisio ' BY: If you have any questions regarding this Notice, please contact the filing party: Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 This Notice is given in accordance with Pa. R.C.P 236. Notice should be sent to: Andrew Funk 4 West Dulles Drive Camp Hill, PA 17011 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01113 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEW CUMBERLAND FEDERAL CREDIT VS FUNK ANDREW KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FUNK ANDREW the DEFENDANT , at 1833:00 HOURS, on the 20th day of March at 4 WEST DULLES DRIVE CAMP HILL, PA 17011 by handing to PHILIP REESE, ROOMMATE/COUSIN, ADULT IN CHARGE 2007 a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 28.80 Postage .39 Surcharge 10.00 .00 3)A(4) 57.19 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 03/21/2007 STEVEN HOWELL By: :0 1?q I day De ty S if 1-12(U V, A. D. 3 M NEW CUMBERLAND FEDERAL CREDIT UNION, PLAINTIFF V. ANDREW FUNK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEFENDANT NO. 07 - 1113 CIVI TERM PRAECIPE FOR WRIT OF EXECUTION PURSUANT TO PA. R.C.P. 3101 TO 3149 TO THE PROTHONOTARY: Please issue writ of execution in the above matter, (5) Directed to the Sheriff of Cumberland County, Pennsylvania; (6) Against DEFENDANT ANDREW FUNK, 4 WEST DULLES DRIVE, CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA 17011 (7) and index this writ (8) against DEFENDANT ANDREW FUNK, 4 WEST DULLES DRIVE, CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA 17011 as a lis pendens against the property of the Defendant located at 4 West Dulles Drive, Camp Hill, Cumberland County, Pennsylvania: ALL PERSONAL PROPERTY INCLUDING BUT NOT LIMITED TO APPLIANCES, ELECTRONIC EQUIPMENT, COMPUTERS, DVD PLAYERS, TELEVISIONS, TOOL, FIREARMS, AND COLLECTIBLES LOCATED AT 4 WEST DULLES DRIVE, CAMP HILL, PENNSYLVANIA 17011. (5) Amount Due $10,141.36 Interest Count 1 $ 86.25 (4.99% per annum from May 15, 2007 at $.69 per diem) Interest on Count II $ 202.50 (14.90% per annum from May 15, 2007 at $1.62 per diem) Interest on Count III $ 28.75 (12.90% per annum from May 15, 2007 at $.23 per diem) Fees $ 100.00 (Legal Fees Expressly Recoverable Under Contract) $10,558.86 plus all costs Respectfully submitted, By: dwell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Date: September 18, 2007 ct? -1 00 ? L o g 7J ? TM f WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1113 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NEW CUMBERLAND FEDERAL CREDIT UNION, Plaintiff (s) From ANDREW FUNK, 4 West Dulles Drive, Cumberland County, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property including but not limited to appliances, electronic equipment, computers, DVD players, televisions, tool, firearms and collectibles located at 4 West Dulles Drive, Camp Hill, PA 17011 . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $10,141.36 Interest Count I - Count H - Count III - Atty's Comm % Atty Paid $96.00 Plaintiff Paid Date: 9/19/07 (Seal) REQUESTING PARTY: Name STEVEN HOWELL, ESQUIRE Address: HOWELL LAW FIRM 619 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 71'7-770-1277 L.L. $.50 $ 86.25 - (4.99% per annum from 5/15/07 at $.69 per diem) $202.50 - (14.90% per annum from 5/15/07 at $1.62 per diem) $ 28.75 - (12.90% per annum from 5/15/07 at $.23 per diem) Due Prothy $2.00 Other Costs $100.00 (legal fees expressly recovered under contract) C is R. Long, Prothonota By: Deputy Supreme Court ID No. 62063 A x, R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff s Costs: Advance Costs: 150.00 Sheriffs Costs: 73.48 Docketing 18.00 76.52 Poundage 1.44 Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 02/27/08 Mileage 30.72 Surcharge 20.00 Levy Certified Mail Post Pone Sale Garnishee Postage 82 TOTAL 8 io-Answers; R. Thomas Kline, Sh riff YB By laudia A. Brewbaker 0 Cj-- L -L WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1113 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NEW CUMBERLAND FEDERAL CREDIT UNION, Plaintiff (s) From ANDREW FUNK, 4 West Dulles Drive, Cumberland County, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property including but not limited to appliances, electronic equipment, computers, DVD players, televisions, tool, firearms and collectibles located at 4 West Dulles Drive, Camp Hill, PA 17011 . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $10,141.36 L.L. $.50 Interest Count I - $ 86.25 - (4.99% per annum from 5/15/07 at $.69 per diem) Count II - $202.50 - (14.90% per annum from 5/15/07 at $1.62 per diem) Count III - $ 28.75 - (12.90% per annum from 5/15/07 at $.23 per diem) Atty's Comm % Due Prothy $2.00 Atty Paid $96.00 Other Costs $100.00 (legal fees expressly recovered under contract) Plaintiff Paid Date: 9/19/07 1-4tl 2. cn.? is R. Long, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name STEVEN HOWELL, ESQUIRE Address: HOWELL LAW FIRM 619 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-770-1277