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Home My WebLink About03-0944AHOLD USA FEDERAL CREDIT UNION, Plaintiff VS. KRISTY K. WERNER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 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 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 Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 717/240-6200 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demada y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogdo y archivar en la corte en forma escrita sus defensas so sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte 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 penticion de demanda. Usted puede perder dinero o sus preopiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABAGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO AA LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 717/240-6200 AHOLD USA FEDERAL CREDIT UNION, Plaintiff VS. KRISTY K. WERNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O,.~ - c:~/.~c/ CIVIL ACTION - LAW COMPLAINT AND NOW comes the plaintiff, by and through its attorney, James H. Turner, Esquire, and makes the following complaint. 1. The plaintiff is Ahold USA Federal Credit Union a federally chartered credit union with principal place of business at 11785 Beltsville Drive, 15th Floor, Beltsville, MD 20705. 2. The defendant is Kristy K. Wemer, an adult individual residing at 1017 Walnut Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. On or about August 15, 2002, plaintiff and defendant entered into a written Loan Agreement attached hereto as Exhibit A and included herein by reference. 4. Pursuant to the terms of said Agreement plaintiff loaned to defendant and defendant borrowed from plaintiff the sum of $10,000.00 repayable together with interest at the rate of 14% in monthly installments of $300.13. 5. Defendant has defaulted in said Agreement in that she has failed to make the payment due November 30, 2002 and thereafter. 6. The current balance owed by defendant to plaintiff is $10,486.20 plus interest at the rate of $3.882254 per day from January 20, 2003. 7. Pursuant to the terms of said Agreement defendant is obligated to plaintiff for attorney's fees and collection costs in the amount of $2,500.00 which sum is fair and reasonable. 8. Plaintiff has made repeated demands of defendant for the payment of said sum which demands have been refused. WHEREFORE, plaintiff requests your Honorable Court to enter judgment in favor of plaintiff and against defendant in the amount of $10,486.20 plus collection costs of $2,500.00, interest at the rate of $3.882254 per day from January 20, 2003 and costs of this action. ~ a'J'~mes H. Turner, Esquire TURNER AND O'CONNELL 4415 North Front Street Harrisburg, PA 17110 (717) 232-4551 Verification I verify that the statements made in the foregoing are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: Ahold L~.~;~dit Union R6bert Clapp / Vice President of Collections " . &~3Ahold USA · · , , ,", ,' c . ,* , .. · ? , ". 'i OAN A(~EEME~NT AND CONSUMER CREDIT"D ' , ~ .:, " . :, · , '~. . ' , . · · ISCLOSURE STAT MEN ' .. ' - . . - .,, .. .* ', · · ~ ~ ~ ~ e~ ' · ' * ' ~' ' '* ~n o~ ~''~ ~"-~, 3_~_ _~' , ~.~ ,~ .... other ~rm~e~ ~e~ad fees to the Or~pf ~d USA Fedem r * ' . ~'~' :* ' ~.. ' . . ~f'.;~': · ~'.'*~ , ~ ,.~uW~~ ~e~..'~r~ ~me~er~s6~ h~' '[~e~nt~n .... n ~ ~ . ~- Cedar . ~ ~-*} ~: ...... '~ ' ' ' · *' :, ," ':' ";~,;~'" b.t*r' '' ,'~:.~lree" 'th ; ..': ';~. -~, ,....;".:.::~', .... ~, ~:~:, · . ~:~. ~ ~ ,. I n~Ms -. .......... . .... ........ .,,. .......... , ....... f~';~.:...~'.L :. ~ ,:'-, ;':~;~ ~:.:' .:~ ~: ;~;;:,. ', -- .',~'..~ ~: ~ ." '? .:.t~,;~':':,~': ,- · ":'. , ' ' i ' 2741 LISBURN RD CAMP HILL PA 17011 ANNUAL I FINANCE CHARGE PERCENTAGE RATE I The dollar amount the credit The cost of Your I will cost You. credit as a yearly rate. 14.000 % J $ 3,469.48 Your payment schedule will be: Number of Payments Amount of Payments 47 $300.13 1 $300.13 IAMOUNT FINANCED -]TOTAL OF PAYMENT The amounl of credit provided ~ The amount You will have to You or on Your behalf. / paid after You have made all payments as scheduled. /~.} · DATE $ 10,000.00 / $ 14,406.24 8/8/02 When Payments Are Due Monthly Last (Last Day of Each Mo), beginning 10/31/02 ending, 9/30/06 ACCOUNTNUMBER 29109700-L1 You may obtain property insurance from anyone You want that is acceptable to the Credit Union. ~ Required Deposit: The Annual Percentage Rate does not reflect Your required deposit. Assumability: Your loan is not assumable. Security: You are giving a security interest in: [] The goods Or property being purchased. [] Personal property (other than household goods or any dwelling) securing other loans with Us. [] Your present and future shares or deposits in the Credit Union. [] Other Prepayment: If You pay off early, You wi? not have to pay a penalty. ~Lats Charge: If Your payment Is 15 or more days late, You will be c~a~ged ~. 20% of the Interest due. -, Filing Fee $ Non-Filing Insurance $ N/A See Your contract documents for any additional information about non- payment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. [] This is a Fixed Rate loan with a simple Interest Rate of Itemization of Amount Financed of: $ 10,000.00 14.000 Amount Paid to Others on Your Behalf: Amount Giyen to You Directly $ 10,000.00 " Amount Paid on Your Account $ 0.00 Insurance: Credit Life and Credit Disability Insurance are not required to obtain credit and will not be provided unless You agree to pay the additional cost and sign below. APPLICATION FOR GROUP CREDIT INSURANCE I (we) are applying for the cred tnsurance coverage(s) selected below and agree to pay the required premium. I (we understand that fees m~y be paid by the insurer n connection with Ihis coverage to the sponsor of this plan and/or its affiliates-or designates. I (we) understand that the purchase of this nsurance is volunta and not required in order to obtain cred t, and that I (we) may terminate it at any time. I (we) also agree that: 1. If life insurance is selected I am presently under age 7~. 2 If 'oint life insurance is selected we are eli[lible if we are spouses and if the older applicant is presently under a e 70 We must be 'ointl' a ' ' J Co-signers or guarantor-'are nbt e glble for insurance 3 I the -rima-. a-~licant a .............. - ..... g . . J . nd individually liab e under the loan 4 apersonsi-nin ths~ lica'i · . · .. ; _.~'. ~' .I,'~. , ~l~ Y~Ul~iurulaaolli[ylnsurancelrlam r If'l rw-~ ~ ~?--, -g ...... P-~ [ on as..co-a~D~pllc_a_~ is.n. ot eligible for alsaDility insurance, p esent~y unaer age 66. ~pp~i;.~,~,Tt-,~l-PcP,o~Li~.~l~l~ore man ,1,5,000 o! Insurance, the following questions must be answered to determine my (our)eligibility for insurance: ~YES [~NO [~YES ~NO 1. During the last two years, have you been advised of or treated for: cancer, heart attack or coronary artery disease, stroke, cirrhosis, Acquired Immune Deficiency Syndrome (AIDS) or AIDS Related Complex (ARC)? COVERAGE REQUESTED: YES NO TOTAL COST IS I DESCRIPTION OF CREDIT INSURANCE PLAN: I i ~ 1 CREDIT LIFE GROUP POLICY NUMBER: 28492-G-500 ADDITIONAL PROV. ISIONS OF A~REEMENT ~ 1. LIABILITY OF PARTIES. Each person Who signs this Agreement as a Borrower or Co-Signer or "~o endorses or negotiates tl~e loan 'proceeds check related to this!.~greement (other than a Dealer/Payee) and whose name appears on the front of this Agreement as Borrower or~Co-Borrower agrees to be individually and jointly obligated to pay Your loan in preceding "Owner of Collateral (other than Borrower)" does so voluntarily and solely accordance with the terms and conditions of this Agreement. Any person who signs this Agreement or the loan proceeds check related to this Agreement and checks the box tAgreement, but i.'~.not personally liabl~ for any indebtedness created by this Agreement. to give a security interest in the Collateral shown in the Security Interest section in this 2. INTEREST, Interest will be charged on the unpaid balance of Yo;;r loan at the Simple Interest Rate designated in this Agreement until Your balance is paid in full. Any payment may be made early without penalty, and any early payments will have the result of reducing the. total amount of interest paid. Any payment made after the due date will have the result of increasing the total amount of in}erest paid. 3. PAYMENTS. ~'our payments are to be made in lawful money of the United States according to the Payment Schedule in this Agreement. Any padial prepayment of Your loan will not delay Your next scheduled due date. If, when You pay Your last scheduled payment, the amount You pay exceeds Your loan balance, then You give the Credit Union permission to deposit the excess to Your share account. . 4. COLLATERAL. The Credit Union has been granted a security interest or lien in or upon the Collateral designated in this Agreement or in a se arate docu ' Agreement, Mortgage Assignment Pledge Trust Deed or similar document (the subject matter of such a security ~nterest or Ien ~s referred top as Colla ment such as a Security Except for the Credit ~)nion's security interest or lien the Collateral is owned fr ..... ' . ' ' " teral" in this Agreement). ' Be ano c~ear from any aoverse c~aim, security interest or encumbrance other than as now disclosed to the Credit Union. Without the express written consent of the Credit Union no other liens, security interests or encumbrances will be allowed to attach to the Collateral. You agree to inform the Credit Union immediately if the Colla.tera 'is to be moved fro~ Your address shown on the reverse side or at such other address at which You.have informed the Credit Union the Collateral is now located. The Collateral shall not be sold or ownership othem/ise transferred and at all times the Collateral shall be kept in good repair. The Collateral shall not be used for any unlawful purpose· The Credit Union shall receive the full cooperation of the Borrower, Co-Signer or Owner in obta ning everything that We require to place and/or maintain Our security interest in and/or lien on the Collateral. The Credit Union may examine and inspect the Collateral at any time wherever lOcated. All taxes or assessments on the Collateral shall be paid as they come due, and if not paid, the Credit Union may pay them and shall be entitled to reimbursement or, alternatively to add any amount so paid to the unpaid balance of Your loan subject to the applicable interest rate., Personal property given as Collateral under this Agreement (other than household goods or any dwelling) secures tl~e repayment of all amounts You may owe Us in the future if that status is reflected in the "Security" section under the "Truth-in-Lending Disclosure" in any particular Loan Agreement evidencing such future debt. ,5. LIEN ON SHARES. If shares or deposits are pledged as Collateral for this loan, You understand that the balance in Your account(s) on deposit with the Credit Union must be kept at least equal to the balance of Your loan until Your loan is repaid in full. We may, however, permit You to maintain or reduce Your account balances below Your loan balance. You are in default, the Credit Union may apply all shares (except Keogh Accounts and IRA Ac;:ounts) then on deposit to Your loan up to an amount sufficient to repay Your loan. If 6. PROPERTY INSURANCE. You promise to maintain property insurance on the Collateral in an amount necessary'to protect Our security interest in the Co ateral, with Us named as loss payee'for Our protection. Such insurance shall protect against loss by fire, theft, and collision and will provide "all risks" hull insurance in the case of aircraft or boats and accessories thereto, if any. You may provide the requi~'ed property insurance through an existing policy or by a policy You independently obtain and pay for from a person of Your own choosing, providing such person is reasonably acceptable to Us. You agree to deliver satisfactory evidence of the insurance policy or, at Our option, with certificates or other .satisfactory evidence to Us within any time period specified in any notice from Us or on Our behalf. If You do not get or keep this insurance, We may, at Our sole option, obtain ~nsurance to protect Our interest and add its cosls to Your loan and You agree to pay for t (by such means as increasing Your pa ment or incr ' under no obligation to obtain insurance on Your behalf If We do obtain insurance the cost of obtaining that insurance may be added ~ Your loan ~)ea~S~ng Your loan term). We are interest rate. We have the authority to obtain adjust s~ttle or cancel insurance a~d ma end r · , _ ance, subject to the applicable ' ' y o se any party's name on any arart. 7. STOCKS OR BONDS AS SECURITY. To the extent that the Collateral securing Your loan may consist of securities, You agree that such securities will be deemed an increment to the Collateral and will - to the extent received by or placed under Your control - be held or controlled in trust for Us and will be promptly delivered to Us (in a form for transfer) to be held by Us. If the value of the Collateral declines, causing the Credit Union to be under-secured according to the terms of Your loan, You agree to (a) immediately provide the Credit Union additional Collateral that is acceptable to Us in order to fully secure the Credit Union; and/or (b) reduce Your unpaid balance to a level sufficient to restore full secdrity to the Credit Union according to the terms of Your loan. If You fail to provide additional Collateral or reduce Your unpaid balance within 10 days of notification by the Credit Union, You will be in default on Your loan. 8. DEFAULT. Your loan shall be'in default if any of the following things occur: (a) You do not make any payment or perform any obligation under this Agreement or any other agreement that You may have with the Credit Union; or (b) You have made a false or misleading statement in Your credit application and/or in Your representations to the Credit Union while You owe money on this loan; or (c) You should die, or be involved in any inso vency, receivership or custodial proceeding brought by or aga nst You; or (d) a judgement or tax lien shou d be filed against You or any attachment or garnishment should be issued against any of Your property or rights, spec fically ncluding anyone starting an act on or proceeding to seize any of Your funds on deposit with the Credit Union; and/or (e) the Credit Union should, n good fa th, believe Your ability to repay Your indebtedness hereunder is or soon will be impaired, time being of the very essence. Upon any occurrence of default, and to the extent permitted by law, We may declare the entire balance of Your loan immediately due and payable, w~thout prior notice or demand. If the entire balance is not then paid immediately upon default, and if permitted by law, the Collateral shall be voluntarily surrendered to the Credit Union at a time and place acceptable to it. If this is not done, to the extent permitted by law, the Credit Union may enter the premises where the Collateral is located and take possession of it and the Credit Union may assert the defense of a superior right of possession as the holder of a security interest to any offense of alleged wrongful taking and conversion. The Credit Union may sell or dispose of the Collateral in any manner permitted by law, and any resulting deficiency on Your loan shall be immediately paid to the Credit Union· In the event collection efforts are required to obtain payment on this account, You agree to pay all court costs, private process server fees, investigation fees or other costs incurred in collection and reasonable attornev fees incurred in the course of collecting any amounts owed under this .~.greement or in the recovery of any Collateral. As permitted by lave, the Credit Union shall have the right' to impress and enforce a statutory lien upon the shares and dividends of any member indebted to it, and We may enforce Our rights to do so without further notice to You. Additionally, You agree that We may set-off any mutual indebtedness. 9. ASSUMABILITY. Your loan is not assumable. 10. DELAY IN ENFORCEMENT. We do not lose Our rights under this or any related agreement if We delay enforcing them. We can accept late payments, partial payments, or any other payments, even if they are marked "paid in full" without losing any of Our dghts under this Agreement. If any provision of this or any related agreement is determined to be unenforceable or invalid, all other provisions remain in full force and effect. ]ON S. GAEFKE V. ]ESSICA K. 3OHNSEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-0994 CIVIL ORDER OF COURT AND NOW, this 6TM day of MARCH, 2003, a hearing on Petitioner's Petition for Emergency Relief is scheduled for FR]:DA¥~ MARCH ?~ :200:3, at 1:00 p.m. in Courtroom # 5. Edward E. Guido, .1. Karl E. Rominger, Esquire For the Plaintiff .1essica K..1ohnsen :sld SHERIFF'S RETURN - REGULAR CASE NO: 2003-00944 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AHOLD USA FEDERAL CREDIT UNION VS WERNER KRISTY K DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon the WERNER KRISTY K DEFENDANT , at 1017 WAI,NUT STREET LEMOYNE, PA 17043 at 1954:00 HOURS, on the 1st day of April , 2003 by handing to KRISTY K WERNER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 33 12 00 10 00 00 61 12 Sworn and Subscribed to before me this ~ ~ day of / tWroth~not ary So Answers: R. Thomas Kline 04/02/2003 TURNER & OCONNELL By: Deputy Sheriff