HomeMy WebLinkAbout03-1093MEMBERS 1ST FEDERAL
CREDIT UNION
PLAINTIFF,
VS.
KAY L. CHANDLER and
MICHAEL T. CHANDLER
DEFENDANTS.
:
:
· CIVIL ACTION-LAW
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NOTICE TO DEFEND AND CLAIM RIGHTS
THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE ATrEMPTING TO
COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
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 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
claims 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 (800) 990-9108
MEMBERS 1ST FEDERAL
CREDIT UNION
PLAINTIFF,
VS.
KAY L. CHANDLER and
MICHAEL T. CHANDLER
DEFENDANTS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.'
CIVIL ACTION-LAW
NOTICIA
Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de
la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por
abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas
en contra suya.
Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar una
orden contra usted sin previo aviso o notification y pot cualquier queja o alivio que es pedido
en la peticion de demanda. USTED PUEDE PERDER DINERO O OTROS DERECHOS
IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABODAGO 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 SU PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166 or 1-800-990-9108
MEMBERS 1sT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
KAY L. CHANDLER and
MICHAEL T. CHANDLER
DEFENDANTS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
· CIVIL ACTION-LAW
COMPLAINT
AND NOW, comes Members 1st Federal Credit Union, the Plaintiff in the above
captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and makes the
following complaint:
Plaintiff, Members 1 ~t Federal Credit Union ("Members 1 x'), is a National
Federal Credit Union having a principal address of 5000 Louise Drive,
Mechanicsburg, PA 17055.
Kay L. Chandler and Michael T. Chandler (collectively referred to herein as
"Defendants"), are adult individuals having a last known address of 3010
Morningside Drive, Camp Hill, PA 17011.
On or about June 29, 2001, Defendants borrowed from and agreed to repay to
Members 1st TWELVE THOUSAND NINE HUNDRED SIX AND 00/100
($12,906.00) dollars (the "Loan"). The Loan is evidenced by a Closed-End
Note, Disclosure, Loan and Security Agreements dated June 29, 2001 (the
"Note") executed and delivered to Members 1 ~t by Defendants. A copy of the
Note is attached hereto as Exhibit "A" and made part hereof
The Note has never been assigned by Members 1 ~t and is still held by it as a
valid and subsisting obligation of Defendants.
Pursuant to the terms and conditions of the Note, Defendants agreed to pay to
Members 1 st monthly installments of principal and interest in the amount of at
least $287.30 each beginning on August 1, 2001 and continuing on the first
day of each month thereafter.
6. Defendants are in default of Defendants' obligations under the Note as a result
of Defendants' failure to make the payments due to Plaintiff as set forth in the
Note.
7. By letter dated January 23, 2003, addressed to Defendants, Members 1 st
exercised its rights under the Note and accelerated all amounts due under the
Note and demanded the payment of all amounts due under the Note. A copy
of Plaintiff' s Demand is attached hereto as Exhibit "B" and made part hereof.
8. As of the date hereof, Defendants are indebted to Members 1 st in the amount
of TWELVE THOUSAND SEVEN HUNDRED FIFTY-FOUR AND 39/100
($12,754.39) dollars itemized as follows:
a. Outstanding principal $11,107.31
b. Interest to March 7, 2003 775.23
c. Late fees 71.85
d Attorney's fees 800.00
e. Total due to Members 1st as of March 7, 2003 $12,754.39
9. Defendants also agreed under the terms and conditions of the Note that in the
event of default there under Defendants would pay, in addition to the amounts set forth in
paragraph 8 above, costs incurred by Members 1 st as a result of the institution of these
legal proceedings.
10. As set forth above, Members 1 st has made demand upon Defendants to make
payment of all amounts due to Members 1 st under the Note and, as of the date hereof,
Defendants have failed and refused to make payment of all such amounts due to
Members 1st.
WHEREFORE, Plaintiff, Members 1 ~t Federal Credit Union, demands judgment
against Kay L. Chandler and Michael T. Chandler in the amount of TWELVE
THOUSAND SEVEN HUNDRED FIFTY-FOUR AND 39/100 DOLLARS ($12,754.39)
plus interest at the rate of $3.64868 per day, through the date of payment, including on
and after the date of entry of the judgment on this complaint, additional attorney's fees
and costs of suit.
Respectfully submitted,
//
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
Membersl
FEDERAL CREDIT UNION
5000 Louise Ddve · P.O. Box 40
Mechanicsburg, PA 17055
CLOSED-END NOTE, DISCLOSURE.
LOAN AND SECURITY AGREEMENTS
DEBTOR'SNAMEANDADDRESS
CHANDLER, KAY L. &
CHANDLER, NICHAEL T.
109 LOUISA LANE
MECHANICSBURG, PA 17050
SOCIAL SECURITY NUMBER RATE OF INTEREST ACCOUNT NUMBER
1 l. 9900 183319-02
CERTIFICATE NUMBER LOAN NUMBER CO-DEBTOR'S NAME
AA78070 78070
DATE OF LOAN MATURITY DATE ~'~ ~
06-29-01 07-0 ~. -06 FIXED VARIABLE X P REFER RED
ANNUAL PERCENTAGE FINANCE CHARGE: Amount Financed: The Total of Payments: The "e" means estimate.
P~TE: The cost of your The dollar amount the credit amount of credit provided amount you will have paid Prepayment: If you pay off early, you
to you or on your behalf, after you have made all will not have to pay a penalty.
credit as a yearly rate. will cost you. payments as scheduled. See your contract documents for any
additional information about nonpayment,
default, any required repayment in full
before the scheduled date and
11. 9900 % $ 4332.00 $12906.00 $ 17238. 000 prepayment refunds and penalties.
Variable Rate: The Annual Percenta.qe Rate may increase dudng the term of this transaction if the N/~ (Index)
changes. We add a margin of N/A to the Index value. The rate will change monthly on the first day of the month. The rate will never be higher than the
maximum rate allowed by law, and it will never be less than N/A Any interest rate increases will result in more payments of the same amount. For Example
if your loan was for $5,000 at 15% for 48 months and the Annual Percentage Rate increased by 2% after one year, the term of your loan would increase by two months.
Your Number of Payments Amount of Payments When Payments Are Due Property Insurance: You may obtain property insurance
Pay.ment~.9 287.300 monthly ~egin 08-01-01 from anyone you want that is acceptable to the credit
Schedule]. 287. 300 Final due 07-01-06 union, lf you get the insurance from the cmdit union you
will be: will pay
$ N/A
~ Security: Collateral securing other loans with the credit union the goods or
'will also secure this loan. You ara giving a secudty interest in J-----] property being ~'~ Other
your shares and/or deposit in the credit union, and:, , purchased., , (Describe): S i g n at Mt'-·
Late Charge: If a payment is late by 10 days or Required Deposit Balance: The Annual Filing Fees: Non-Filing Insurance:
more, you will be charged a late fee of 5% of your Percentage Rate does not take into account your n ! a N/A
scheduled payment, required deposit balance. $ $
ITEMIZATION OF THE AMOUNT FINANCED
ITEMIZATION OF AMOUNT FINANCED OF
$ 12906.00
MOUNT GIVEN TO YOU DIRECTLY
9337.82
I ~MOUNT PAID ON YOUR ACCOUNT
3568. 18
Amount
Paidto $ n/a ToCredit Ins,.w'ance sn/a To
Others on $ n/a ToE[nc Fee $ To
Your Behalf
$ n/a To $ To
REPAID FINANCE CHARGE
n/a
NOTE AND SECURITY AGREEMENT (CONTINUED ON REVERSE SIDE)
The following paragraph applies only if this is a variable rate loan. The initial rate of interest is %.
Interest: ~t~tst will be charged from the date of this loan until you have paid what you owe under this Agreement. The interestl~3/t~s subject to change as follows:
If the (Index) changes. We will add a margin of to tl~jex value.
The rate will change monthly on the first day of the month. The rate will never be higher than the maximum rate allowed by law, and it will never be less than
Any interest rate incraases will result in more payments of the same amount.
12~06.00 11.
Promise to Pay: You promise to pay $ to the credit union plus interest on the unpaid balance at % per year
until what you owe has been repaid.
EXHIBIT "A"
SECURITY INFORMATION
MAKE MODEL YEAR I.D. NUMBER TYPE VALUE
n/a
OTHER (Describe):
You Pledge Shares AMOUNT ACCOUNT NUMBER AMOUNT ACCOUNT NUMBER
and/or Depos ts of $ n / a $ n / a
I agree that the terms and conditions in the disclosure statement above and the loan and secudty agreements located on the reverse side of this document shall apply
to this loan. If there is more than one borrower, we agree that all the conditions of the loan and security agreements governing this loan shall apply to both jointly and
severally. I acknowledge that I have received a copy of the loan and security agreements and disclosure statement.
.f~., ~r ~_ (SEAL) ,~1~1, ~./ .... OR DATE
~ (SEAL)
'~ CO-MAKER ~] 'OTHER OWNER [] **GUARANTOR DATE ~'CO-MAKER [] *OTHEI~ OWNER [] "*GUARANTOR DATE
X (SEAL) X (SEAL)
[] CO-MAKER [] *OTHER OWNER [] *'GUARANTOR DATE [] CO-MAKER [] 'OTHER OWNER [] "GUARANTOR DATE
X (SEAL) X (SEAL)
*OTHER OWNER: Any pers~l who has a properly interest (other than as a re~ter or lessor) in the above described collaleral s~ns here. The other owner, umess atso a co~naKer, is no~ Obllgaled lo pay the ctebt, but understands mat the credit umon has a security ~nlerest in the
APPLICATION FOR GROUP CREDIT INSURANCE
I (we) are applying for the credit insurance coverage(s} selected below and agree to pay the required premium. I (we) understand that fees may be paid by the insurer in connection with this covera e to the '
I (we)understand that the purchase Of this insurance ,s voluntary and tint required in order to obtain credit, and that l (we) may terminate it at any time. I (we)understand that if ~jnt life insuraangce is seleCc~eeddlt~,~
must be jointly and individually liable under the loan, and that co-signers and guarantors are not eligible for insurance.
APPLICANT CO-APPLICANT
The following questions, 1 and 2, must be auswered to determine my (our) eligibility for insurance: YES NO YES NO
1. (Applicable to life insurance coverage only) Will you be under age 70 on the effective date of your loan? [~( [] [] []
2. (Applicable to disability insurance coverage onlyI Will you be under age 66 on the effective date AND are you presently working outside your home for wages or profit for 30
hours or more per week and have been so working for 30 days or more before this date? [] [] [] []
In addition, if your loan exceeds $ 1.00 the following question must also be answered in order to determine eligibility.
3. D~c~ ~m~tl~d;l~te~_r~~~ ~..~,m, a~,~, clr~ ~r~ v~ cirrhosis, Acquired im TuneII~ll~,t~i~o~a~~--~laallv~~l~me m~m~ ~,m~ ,~,~, ~,a~ ___ [] [] [] []
My (our)answers to the above questions are true to the best of my (our) knowledge and belief. If my co-applicant or I answer 'No" to question 1 or 2, we understand that this person is not eligible for insurance
and will not be insured.
The effective date of my (our)insurance will be the date of this application. Any person who knowingly and with intent to defraud any iusurence company or other person files an application for insurance or
statement of claim containing any materially false information or conceals for the purpose of rslsleading, information concerning any fact material thereto comrsits a fraudulent insurance act which is a
crime and subjeot~ such person to criminal and cml penalties. Do not sign this application if any applicable spaces are blank This application will not be used in a contest if all a llcabl
have not been ~ompfated, the debtor has not signed and dated the application and if the application has not been witnussud. ' pp e blank spaces
You are covered only for the types of Coverage for which a charge is indicated on this application.
~pp[ ~ ~ --~'~
S SIGNA DA PUC T E DATE
,.. ~f4~'~/I'I;NE ~__,~ ~?F[L dl~--'~- ~ -~-~''~'4~'~ J~ ~ ~'.~ ~L~TE ' Il SECONDARY BENEFICIARY (APPLIC,~ ' |~J~CON[~ARY BENEFICIARY (CO-APPLICANT}
COVERAGE REQUESTED
YES NO
[] Co-applicant
Single Credit Life
Joint Credit Life
Indicate which applicant(s): [] Applicant
INITIAL AMOUNT OF LOAN J TOTAL INSURANCE PRE. MIUM I MONTHLY BENEFIT TERM OF
INSURANCE
IN
MONTHS
CREDIT DISABILITY I CREDIT DISABILITY ~ CREDIT DISABILITY
$ n/a IS n/,=, IS n/a CREO'TO'SAS'L'TYn/a
NOTE: ONLY ONE APPLICANT MAY APPLY FOR DISABILITY COVERAGE
YES
Credit Disability
Indicate which applicant: [] Applicant [] Co-applicant
EFFECTIVE DATE
06-29-01
DATE OF BIRTH
~P~--Nt 1-68
c°~Juct~-6 7
$
MHC-98-4388.37 CREDIT UNION COPY
MHC-97-6200.37 CP F,55400 Rev. 10/00
~ 1999 Minnesota Mutual Companies. Inc. All dghts reserved.
'NOINA/Id=~l::lO ~Hi N¥~ ,.S~AO,,,..
QNV ,,~ROA,, ,,'ROA,, SQ~O~ ~Hi 'S~OI~Q SV Q-.a~¥N ~SOHi ~V NV~ ,,~NI~L, QNV ,,A~,. ,,'~,, ,,'1,, SQ~O~ ~Hl 'SiN~9¥ ~S~H± ,',;1';
h"-~ THESE AGREEMENTS, THE WORDS "1." "ME." "MY" AND "MINE" MEAN ALL THOSE NAMED AS DEBTORS. THE WORDS "YOU." "YOUR" AND
"YOURS" MEAN THE CREDIT UNION.
LOAN AGREEMENT
Payments/Finance Charges: For value received, I promise to pay, at your
office, all ~mounts due. All payments shall be made pursuant to the
~isclosure s[atement on the face of this document. I understand that the
finance charge and .'.otal of payments shown on the reverse side of this
page are based on the assumption that all installment payments will be
mace on [he scheduled due dates. If I fail to pay any installment by the
time it is due. ! will pay additional interest on the overdue amount.
Late Charges: if I make a late payment, ! agree to pay a late charge if
one is disclosec on the fac9 of this document.
Proper't',.v Insurance: ~f I obtain a loan secured by a motor vehicle or other
tangible property. I must obtain insurance which protects the credit union
frcm financial loss. The amount and coverage of the property insurance
rnbst be acceptable to the credit union. Such a policy must provide at least
i'ire, the.ff, combined additional coverages and collision insurance. It must
con[a~n a Loss Payable clause endorsement naming the credit union as
lien hoider, i may obtain ti~is insurance from any agent of my choice and
dfrect the agent to send you a copy of the policy.
Debtor Responsibility.' I promise to notify you of any change in my name,
address or employment. I promise not to apply for a loan if I know there is
a reasonable probability that I will be unable to repay my obligation
according to the terms of the credit extension. I promise to inform you of
any new information which relates to my ability to repay my obligation. I
promise not to submit false or inaccurate information or willfully conceal
information regarding my creditworthiness, credit standing, or credit
capacity.
Default: I shall be considered in default if any of She following occur: (1) If I
break any promise made under this Loan Agreement or under the Security
Agreement; or (2) if I do not use the money you loaned me for the purpose
stated in my application; or (3) if you should, in good faith, believe that
prospect of payment, performance or realization of the collateral, if any, is
impaired; or (4) if I die; or (5) if I file a petition in bankruptcy, insolvency, or
receivership or am put involuntarily into such proceedings; or (6) if the
collateral, if any, given as security for this loan is lost, damaged or
destroyed, or if it is levied against, attached or garnished; or (7) if I do not
pay on time any of my other or future debts to you. If I default, you may, at
your option and without prior notice, declare this loan immediately due and
payable, and I must immediately pay the total unpaid balance, as well as
the Finance Charge to date, any late charges and costs of collection
permitted under law, including reasonable attorney's fees, that you may
incur, up to 20% of the unpaid principal and interest. Costs of collection
include, but are not limited to, repossession fees, appraisals,
environmental site assessments, casualty damage insurance coverage,
and attorney's fees for any action taken by an attorney in order to collect
{his loan or preserve or protect the credit union's rights and remedies,
including, without limitation, pro-suit demands for payment, pre-suit
mediation or settlement negotiations, investigation and assessment of the
credit unions' rights, participation in bankruptcy cases, matters, and
proceedings (including, without limitation, filing proofs of claim, pursuing
reaffirmation agreements, attending meetings of creditors, and pursuing
complaints, motions, and objections that relate in any way to the credit
union's collateral or right to payment), collateral disposition, non-
bankruptcy suits and/or administrative actions, and appeals. The principal
balance in default shall bear interest at the contract rate.
Statutory Lien: If t am in default, federal law gives you the dght to apply
the balance of shares and/or dividends in my account(s) at the time of
default to satisfy this loan. Once I am in default, you may exercise this
right without further notice to me.
Delay In Enforcement: You may delay enforcing any of your dghts under
this agreement without losing them.
Irregular Payments: You may accept late payments or partial payments,
even though marked "payment in full," without losing any of your dghts
under this agreement.
Co-makers: If I am signing this agreement as a co-maker, I agree to be
equally responsible with the borrower, but you may sue either or both of
us. You do not have to notify me that this agreement has not been paid.
You may extend the terms of payment and release any security without
notifying or releasing me from responsibility on this agreement.
Contractual Pledge of Shares: I pledge all my shares and deposits
in the credit union, including future additions, as security for this
loan. In case I default, you may apply these shares and deposits to
the payment of all sums due at the time of default, including costs
of collection and reasonable attorney's fees. No lien or right to
impress a lien on shares and deposits shall apply to any of my
shares which may be held in an "Individual Retirement Account" or
"Keogh Plan."
SECURITY AGREEMENT
1. To secure payment of this loan and all expenditures incurred by
the credit union in connection with this loan, or in realizing on a
security interest, I grant to you a security interest in the property
described on the reverse side of this document. The security interest
includes all increases, substitutions and additions to the secured
property, proceeds from any insurance on the secured property and
all earnings received from the secured property.
Cross-collateralization. Prope~'ty given as security for this loan or for
any other loan will secure all amounts ! owe the credit union now and in
the future. However, property securing another debt will not secure this
loan if such property is my principal dwelling or are household goods.
2. I will not change the location of. sell or transfer the collateral unless I
have your prior written consent.
3. I warrant that i have good title to the collateral, free of all security
interests except that given to the credit union and except for any interest of
a non-co-maker owner of the collateral who has signed the agreement in
the indicated place.
4. I will pay all taxes, assessments, and liens against or attached to the
property described and further agree to keep the property in good
condition, housed in a suitable shelter. I agree to execute financing
statements and security agreement amendments at your request and will
defend the property against adverse third party claims. .
5. I will maintain insurance to cover any vehicle or other property in which
you have a security interest. This insurance will be in a form and an
amount satisfactory tc you. t will supply you with proof of such insurance
until all sums owed to you and secured by this property are repaid. If I fail
to maintain suci~ insurance, you may, but are not required to, obtain
insurance of your own and add the cost of such to the sums owed. This
cost will bear interest at the contract rate until paid. t further assign to you
the right to receive the proceeds of any insurance on such property, and
direct any insurer to pay those proceeds directly to you. I authorize you to
endorse any check or draft provided as the proceeds of such insurance,
and apply those proceeds to the sums owed to you.
I further authorize you to provide your Insurance Service Center with the
necessary information [or verification of adequate coverage.
I acknowledge that insurance, or any extension thereof, placed by you is
without benefit to me individually but is primari~ for the protection of you.
6. Should you feel at any time that the security presented has diminished
in value, or for any reason feel that additional secudty is required, I agree
to assign to you within ten (10) days whatever additional security you feel
is necessary to protect yourself against possible loss.
7. If a default as defined in the Loan Agreement should occur, you have
the authority, upon such default, to repossess and sell the collateral in a
lawful manner. In such case, you or your authorized representatives may,
at your option, enter the premises where the collateral is kept and take
possession, subject to applicable laws. You have the right to render the
property pledged as collateral unusable and may dispose of the collateral
on the premises where the collateral is kept. If you decide to sell the
collateral at a public sale, pdvate sale or otherwise dispose of the
collateral, you will notify me of the time and place of the intended
disposition ten (10) days prior to the sale or disposition. If you sell or
otherwise dispose of the collateral you may collect from me reasonable
expenses incurred in the retaking, holding and preparing the collateral for
and arranging the sale of the collateral. You may also collect reasonable
.attorney's fees and legal expenses, permitted by applicable law, Incurred
~n connection with disposition of the property. Unless I default, I may keep
possession of the property (collateral) described and use it in any lawful
manner consistent with this agreement or with the insurance policy on the
collateral. I understand that you have certain rights and ega reined es
available to you under the Uniform Commercial Code and other applicable
laws, and that you may use these dghts to enforce payment if I default. In
the event, I will at your request assemble the property (collateral) and
make it available to you at a place of your choosing. If you decide to waive
this default, it will not constitute waiver of any other subsequent defaults.
8. You are hereby appointed as my Attorney-in-Fact to perform any acts
which you feel are necessary to protect the collateral and the security
interest which this agreement creates.
9. If there is more than one borrower, our obiigations under this
agreement are joint and several, each being equally responsible to fulfill
the terms of this agreement.
10. This secudty agreement not only binds me, but my executors,
administrators, heirs, and assigns.
6100 2/99
F.55400 10/00
KARL M. LEDEBOHM
ATTORNEY-AT LAW
P.O. BOX 173
New Cumberland, PA 17070-0173
Phone: 717-938-6929
Fax: 717-932-0317
January, 23, 2003
(Via Certified and regular mail)
Kay L. Chandler
3010 Morningside Drive
Camp Hill, PA 17011
Michael T. Chandler
3010 Morningside Drive
Camp Hill, PA 17011
RE: Members 1st Account No.: 183319-02
Dear Mr. and Mrs. Chandler:
THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE FROM
THIS OFFICE IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. AN
IMPORTANT STATEMENT OF RIGHTS IS INCLUDED ON THE REVERSE
OF THE SECOND PAGE OF THIS LETTER.
Members 1st Federal Credit Union ("Members 1st'') has requested my office to
collect the amounts due to Member's 1 ~t under the above account.
As you know, you are in default of your obligations under the above account (the
"Account") evidenced by a Closed -End Note dated June 29, 2001 in the original
principal amount of $12,906.00 (the "Note") due to your failure to make the payments
required under the Note in a timely manner. As a result of your defaults, Members 1 ~t
hereby accelerates all amounts due to Members 1 ~t under the Account and the Note and
hereby demands the payment of all amounts due to Members l~t under the Account and
the Note in the amount of $11,912.50 itemized as follows:
1. Principal $11,107.31
2. Interest to 1/23/2003 618.34
3. Late fees 71.85
4. Legal Fees 115.00
5. Total due to Member 1~t as of 1/23/03 $11,912.50
EXHIBIT "B"
Interest continues to accrue on the above obligation at the rate of $3.64868 per
day.
If you fail to deliver payment of the $11,912.50 together with additional interest
to the date that payment is delivered to Members 1~t within thirty (30) days of the date of
this letter, Members 1 ~t will have no choice but to file a legal action against you to collect
all of the amounts due under the Account and the corresponding Note without further
notice. In such event, in addition to the above amounts, you may also be responsible for
the payment of additional reasonable legal fees and costs of suit incurred by Members 1~t.
Nothing herein shall constitute or be construed as an agreement on behalf of
Members 1st tO accept any terms and conditions in exchange for payment of the amounts
due under the Account except for the immediate payment of all amounts due to Members
l~t Nothing herein shall constitute a waiver of any rights or remedies which Members
l~t may have under any written agreement or at law or in equity to collect the balance of
the indebtedness due under the Account without further notice, including, without
limitation, the right to accept and apply any partial payments made on the Account
without waiver of any demand for payment in full of all amounts due under the Account.
Nothing herein shall constitute an agreement on behalf of Members 1 ~t to postpone or
extend the maturity date under the Note.
Members 1 ~t looks forward to the payment of the $11,912.5 0 together with
additional interest to the date that payment is delivered to Members 1~t
Very truly yours,
Karl M. Ledebohm
CC: Ned Picciotti, Collections Officer
Postage
Certified Fee
Return Reclept Fee
!ndorsement Required)
~estricted Delivery Fee
!ndorsement Required)
Total Postage & Fees
Apt. No.;
~ity, State, ZIP+4 .-~
Postage
Certified Fee
Return Reciept Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
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Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
;0 / 0 A4o -nl nq , e
[] Addressee
B. Received by ( Printed Name) I C. Date of Delivery
D. Is delivery address different from item 17 [] Yes
If YES, enter delivery address below: [] No
3. Service Type
'~i~Certified Mail
[] Registered
[] Insured Mail
[] Express Mail
g 'Return Receipt for Merchandise
C.O.D.
4. Restricted Delivery? (Extra Fee)
[] Yes
102595-02-M-0835
MEMBERS 1ST FEDERAL
CREDIT UNION
PLAINTIFF
VS.
KAY L, CHANDLER and
MICHAEL T. CHANDLER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.:
CIVIL ACTION-LAW
VERIFICATION
I, Ned Picciotti, Collections Officer for Members !'~ Federal Credit Union, being
authorized to do so on behalf ofMeml~rs 1't Federal Credit Union, hereby verify that the
statements made in the foregoing pleading are true and correct to the best of my
information knowledge and belief. I understand that false statements are made subject to
the penalties of 18 Pa. C.SA. Section 4904, relating to unswom falsification to
~thofities,
Members I~ Federal Credit Un.ion
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-01093 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MEMBERS 1ST FEDERAL CREDIT
VS
CHANDLER KAY L ET AL
BRIAN BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
CHANDLER KAY L the
DEFENDANT
at 3010 MORNINGSIDE DRIVE
, at 2025:00 HOURS, on the 17th day of March , 2003
CAMP HILL, PA 17011
by handing to
MICHAEL CHANDLER~--HUSBAND
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 9.66
Affidavit .00
Surcharge 10.00
.00
37.66
Sworn and Subscribed to before
me this ./~ day of
~~ ~ 007 A.D.
' Pro~hono~ary '
So Answers:
R. Thomas Kline
03/18/2003
KARL LEDEBOHM
By:
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-01093 P
'COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND
MEMBERS 1ST FEDERAL CREDIT
VS
CHANDLER KAY L ET AL
BRIAN BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
CHANDLER MICHAEL T the
DEFENDANT ,
at 3010 MORNINGSIDE DRIVE
CAMP HILL, PA 17011
at 2025:00 HOURS, on the 17th day of March , 2003
by handing to
MICHAEL CHANDLER
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
Service
Affidavit
Surcharge
6 O0
O0
O0
10 O0
O0
16 00
Sworn and Subscribed to before
me this !~. ~ day of
~,~.,~ i ~,~ [.)-'[.) b A.D.
~ prOthon~t ary ~
So Answers:
R. Thomas Kline
03/18/2003 ~
KARL LEDEBOHMf
Deputy Sheriff
MEMBERS 1sT FEDERAL
CREDIT UNION
Plaintiff
VS.
KAY L. CHANDLER and
MICHAEL T. CHANDLER
Defendants
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
03-1093 Civil Term
CIVIL ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY:
Please enter judgment in the above captioned proceeding in favor of Members 1~t
Federal Credit Union, Plaintiff, and against the Defendants, Kay L. Chandler and
Michael T. Chandler, in the amount of Twelve Thousand Seven Hundred Fifty-
four and 39/100 Dollars ($12,754.39), plus interest through the date of payment,
including on and after the date of entry of judgment on the Complaint, and
attorney's fees and costs. Judgment is entered pursuant to Pa. R.C.P. 3031 for
failure to file an Answer on behalf of Defendants, Kay L. Chandler and Michael
T. Chandler, to Plaintiff' s Complaint within twenty (20) days of service thereof
and after a 1 O-day Notice was sent.
Date: April ~.,'a) , 2003
Respect~lly submitted,,_, ,_..
/KOdrl l~I. L'ed[b0hm, Esq~t]re
Supreme Court ID//59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
I hereby certify that notices of intent to take a default judgment were forwarded to
Kay L. Chandler and Michael T. Chandler by United States Mail, First Class, postage
prepaid on April 10, 2003. The aforesaid notices were each contained within an envelope
bearing the return address of the undersigned. The notices have not been returned to the
~nedae;S~gchneedd ~:r;tnodealni~ei~laabrlkee~rECxt~l. ebl.r~i,,s~,, aAn~t°,F,~3,,°,f;~an~
' CM. L~deb'ohm, Esquire
MEMBERS 1sT FEDERAL
CREDIT UNION,
Plaintiff
VS.
KAY L. CHANDLER and
MICHAEL T. CHANDLER
Defendants
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
03-1093 Civil Term
CIVIL ACTION - LAW
TO:
IMPORTANT NOTICE
Kay L. Chandler
3010 Morningside Drive
Camp Hill, PA 17011
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I
AM REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY
SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN
ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE
ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN
(10) DAYS FROM TI-~ DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE
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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
u.s. POSTAL SERWCE CERTIFICATE OF MAILING
VlAY BE USED FOR DOMESTIC AND INTERN'A'~O'~'~,~ MAIL, DOES NOT
~ROVIDE FOR INSURANCE-POSTMASTER "
One piece of ordinary mail addressed to:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or (800)990-9108
RespectfUfly s~l~itJedT' "~, '!
K~i'rl M. L'edebohm, Esq.
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
Attorney for Plaintiff
EXHIBIT A
MEMBERS 1ST FEDERAL
CREDIT UNION,
Plaintiff
' IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
03-1093 Civil Term
VS.
KAY L. CHANDLER and
MICHAEL T. CHANDLER
Defendants
CIVIL ACTION - LAW
TO:
IMPORTANT NOTICE
Michael T. Chandler
3010 Morning side Drive
Camp Hill, PA 17011
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I
AM REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY
SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN
ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE
ACTION REQUIRED OF YOU IN THIS CASE. 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
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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or (800)990-9108
U.S. POSTAL SERVICE CERTIFICATE OF
MAY BE USED FOR DOMESTIC AND INTERNATI~I~L
PROVIDE FOR INSURANCE--POSTMASTER
Received From:
One piece of ordinary mail addressed to:
e~pectful}y SU mjtted~
, i 1~ !'i;
Karl M. ~,edebohm, Esq.
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
Attorney for Plaintiff
)S Form 3817, Mar. 1989 EXHIBIT B
MEMBERS 1sT FEDERAL
CREDIT UNION
Plaintiff
VS.
KAY L. CHANDLER and
MICHAEL T. CHANDLER
Defendants
· IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
03-1093 Civil Term
CIVIL ACTION - LAW
NOTICE OF JUDGMENT
TO:
Kay L. Chandler & Michael T. Chandler
3010 Morningside Drive
Camp Hill, PA 17011
You are hereby notified that on o7.'I ch ~_~.a-], 2003 the following
judgment has been entered against you in the ~boj/e cal~ioned case:
Judgment in favor of Members 1~t Federal Credit Union, Plaintiff, and against the
Defendants, Kay L Chandler and Michael T. Chandler, in the amount of Twelve
Thousand Seven Hundred Fifty-four and 39/100 Dollars ($12,754.39) together with
additional interest at the rate of six percent per annum plus attorney's fees, expenses and
costs of suit. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an
Answer on behalf of Defendants, Kay L. Chandler and Michael T. Chandler, to Plaintiff' s
Complaint within twenty (20) days of service thereof and after a 1 O-day Notice was sent.
Dated:
Prothonotary
I hereby certify that the proper persons to receive this notice~C.P. 236
are:
Kay L. Chandler
3010 Momingside Drive
Camp Hill, PA 17011
Michael T. Chandler
3010 Morningside Drive
Camp Hill, PA 17011
MEMBERS lsT FEDERAL
CREDIT UNION
Plaintiff
VS.
KAY L. CHANDLER and
MICHAEL T. CHANDLER
Defendants
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
03-1093 Civil Term
CIVIL ACTION - LAW
A: Kay L. Chandler & Michael T. Chandler
Por este medio se le esta notificando que el de
2003, el/la siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el
caso mencionado en el epigrafe.
Fecha:
Protonotario
Certifico que la siguiente direccion as la del defendido/a segun indicada en el certificado
de residencia:
Kay L. Chandler
3010 Morningside Drive
Camp Hill, PA 17011
Michael T. Chandler
3010 Morningside Drive
Camp Hill, PA 17011
Date:
Respectfully submitted,
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. SECTION 101 TO SECTION 149 ETC.
MEMBERS 1sT FEDERAL
CREDIT UNION
PLAINTIFF
IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
No. 03-1093 Civil Term
KAY L. CHANDLER and
MICHAEL T. CHANDLER
DEFENDANTS
Amount Due: $12,754.39
Interest From: 3/7/03 at $3.64868 per day
Atty's Com. N/A
COSTS TO BE ADDED
TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE
MATTER,
(1) Directed to the Sheriff of Cumberland County, Pennsylvania;
(2) against Kay L. Chandler and Michael T. Chandler, 3010 Momingside Drive,
Camp Hill, PA 17011, Defendants;
(3) and against N/A Garnishee (s);
(4) and index this writ
(a) against Kay L. Chandler and Michael T. Chandler, 3010 Momingside
Drive, Camp Hill, PA 17011, Defendants and
(b) against N/A Garnishee (s),
and levy upon any and all personal property of the defendant (s) as follows:
Any and all personal property including, without limitation, automobiles located
at the address of the Defendants at 3 010 Momingside Drive, Camp Hill,
Cumberland County, Pennsylvania.
Exemption has (not) been waived.
--o 3
(5)
Dated:
e ebohm, EsqUire -
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
0 0 r~
I
WR/T OF EXECUTION ancot ATTACHMENT
COMMONWEALTH OF
COUNTy OF CUM/~-- PENNSYL VA
~e'RLAND) .... ~)
TO THE SHERIFF OF C NO 03-1093 Civil
To sat/sf . UMBERLAN CIVIL ACTION _ LAW
Y the debt, interest ~,.~ ~ .D.COUNTy:
Plaintiff (s) ~,u cOSts aue MEMBERs 1st FEDERAL
From I~ky L. CHANDLER AND MICHAEL CREDIT UNION,
CAMp HILL, PA 17011 T. CHANDLER, 3010 MORNINGsiDE
(1) You are d/retted to levy Upon the property of the defendant (s)and to sell ANy AND ALL
PERSONAL PROPERTy INCLUDING WITHOUT
AT THE ADDREsS
CUMBERLAND OF THE DEFENDANTS LIMITATION, AUTOMOBILES LOCATED
COUNTy, PA. AT 3010 MORNINGSIDE DRIVE, CAMp HILL,
(2) You are a/so directed to attach the property of the defendant(s) not
of
levied Upon in the possession
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an
pay/ng any debt to or for attachment has been iSSUed; (b)
(s) or otherwise the account of the defendant (s) the garrashee(s) is enjoined from
d/Sposing thereot~ and from delivering any property of the defendant
Pr°pe y of the defendant(s) not levied Upon a ·
yone other than a named gam/shee .......... n subject to attach .... .._ .- .
garnishee and is enjohned as above stated. ""~y mnvl~er that he/she has b~e"~[e-,s~s~°,n
, ~- ~e affected to n~*;~- ~. -~"~"' ~s ~ouna in the ,, .....
Amount Due $12,754.39 - ~,uaea as a
Interest FROM 3/7/03 AT $3.64868 PER DAY L.L. $.50
Atty's Corem %
AttyPaid $135.66 Due Prothy $1.00
PlaintiffPaid Other Costs
30, 2003
(Seal)
REQUESTING PARTy:
Name KARL M. LEDEBOHM, ESQUIRE
Address: p O BOX 173
NEW CUMBERLAND, PA 17070-0173
Attorney for: PLAINTIFF
Telephone: 71%938_6929
Supreme Court ID No. 59012
CURTIS R. LONG
~rTth°n°J,~
R. Thomas Kline, Sheriff, who being duly swom according to law, states
this writ is returned STAYED, DUE TO BANKRUPTCY.
Sheriff's Costs:
Docketing $ 18.00
Poundage 2.28
Advertising 10.00
Law Library .50
Prothonotary 1.00
Mileage 19.32
Misc.
Surcharge 30.00
Levy 20.00
Post Pone Sale 15.00
Garnishee
TOTAL $ 116.10
Advance Costs: 150.00
Sheriff's Costs: 116.10
33.90
Refunded to Atty on 04/16/04
Sworn and Subscribed to before me
this o2~ ~day of
2004 A.D. (~.~t,~ t~. ~ ~
P~thbnotary
R. Thomas Kline, Sheriff