HomeMy WebLinkAbout07-3202MEMBERS 1 ST FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
Vs. NO.: 07
E. MICHAEL PETERS and
LORRIE C. PETERS
DEFENDANTS : CIVIL ACTION -LAW
NOTICE TO DEFEND AND CLAIM RIGHTS
THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE
ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE
OF COLLECTING THE DEBT.
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
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 ST FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
Vs. : NO.: Q'`f 3 b Z. e1
E. MICHAEL PETERS and
LORRIE C. PETERS
DEFENDANTS. : 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:
1. Plaintiff, Members 1St Federal Credit Union ("Members is a National
Federal Credit Union having a principal address of 5000 Louise Drive,
Mechanicsburg, PA 17055.
I
2. E. Michael Peters and Lorrie C. Peters (collectively referred to herein as
"Defendants"), are adult individuals having a last known address of 30 Emlyn
Lane, Mechanicsburg, PA 17055.
3. On or about September 12, 1993, Defendants executed and delivered to
Members 1St a Open-End Credit Plan (the "Credit Plan") having a credit limit
of $10,000.00 dollars (the "Credit Plan"). A copy of the Credit Plan is
attached hereto as Exhibit "A" and made part hereof.
4. The Credit Plan has never been assigned by Members 1St and is still held by it
as a valid and subsisting obligation of Defendants.
Members 1St advanced amounts to Defendants under the Credit Plan.
6. Pursuant to the terms and conditions of the Credit Plan, Defendants agreed to
pay to Members 1St monthly installments of principal and interest in the
amount of $225.00 each based on the amounts advanced to Defendants under
the Credit Plan.
7. Defendants are in default of Defendants' obligations under the Credit Plan as
a result of Defendants' failure to make the payments due to Plaintiff as set
forth in the Credit Plan.
By letter dated March 26, 2007, addressed to Defendants, Members 1 st
exercised its rights under the Credit Plan and accelerated all amounts due
under the Credit Plan and demanded the payment of all amounts due under the
Credit Plan. A copy of Plaintiffs Demand is attached hereto as Exhibit "B"
and made part hereof.
2
9. As of the date hereof, Defendants are indebted to Members 1St under the terms
and conditions of the Credit Plan in the amount of TEN THOUSAND FIVE
HUNDRED FIFTY-FOUR AND 151100 ($10,554.15) dollars itemized as
follows:
a. Outstanding principal $9,108.81
b. Interest to May 23, 2007 245.34
c. Late fees 0.00
d. Attorney's fees 1,200.00
e. Total due to Members 1 st as of May 23, 2007 $10,554.15
The above attorney's fees are estimated and are in accordance with
Defendants' agreements as set forth in the underlying Credit Plan. Defendants
will be responsible for actual, reasonable legal fees incurred by Members 1St
in this matter.
10. Interest continues to accrue on the above obligation at the rate of $3.1818 per
day.
11. Defendants also agreed under the terms and conditions of the Credit Plan that
in the event of default there under Defendants would pay, in addition to the
amounts set forth in paragraph 9 above, costs incurred by Members 1 st as a
result of the institution of these legal proceedings.
12. As set forth above, Members 1St has made demand upon Defendants to make
payment of all amounts due to Members 0 under the Credit Plan and, as of
the date hereof, Defendants have failed and refused to make payment of all
such amounts due to Members 1St
3
WHEREFORE, Plaintiff, Members 1St Federal Credit Union, demands judgment
against E. Michael Peters and Lorrie C. Peters in the amount of TEN THOUSAND FIVE
HUNDRED FIFTY-FOUR AND 151100 ($10,554.15) plus interest at the rate of $3.1818
per day, through the date of entry of judgment hereon and at the legal rate thereafter,
additional attorney's fees and costs of suit.
Respectfully submitted,
4
supreme Uourt Ili IF : ?YU11.
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
HOW TO APPLY
1. After reviewing the disclosure statement, complete the insurance
DEFENSE ACTIVITIES FEDERAL CREDIT UNION application below to insure your account.
5275 EAST TR INDLE ROAD 2. Read the credit and security agreements on the reverse side, sign below
MECHAN I CSBURG. RA 17055 and return part 1 to the credit union.
3. Your loan will be processed by the credit union. You will be notified of
This Open-end Credit Plan is a quick and convenient way for you to the decision and your credit limit, if approved.
obtain a loan when you need it. Once your application is approved, the ACCOUNT NUMBER
credit union will assign you a credit limit which you may borrow against. 9944 - 04
Advances may be applied for by telephone, mail or in person.
MEMBER NAME DATE OF BIRTH OTHER DEBTOR'S NAME DATE OF BIRTH
PETERS, E. MICHAEL 11-30-1966 PETERS, LORRIE C. 0 -26--1969
MEMBER'S DISCLOSURE STATEMENT
HOW TO COMPUTE THE FINANCE CHARGE- The Finance Charge is the total cost to you of obtaining credit through this credit plan. The Finance Charge begins
to accrue on the date of each advance and accrues for each day the balance remains unpaid. The unpaid principal balance for each day is multiplied by the daily
periodic rate to determine the Finance Charge for that day. The sum of these daily charges is the Finance Charge you will pay. The unpaid principal balance is that
balance which is in your account at the close of business after all transactions, including payments and new borrowings, have been entered.
CREDIT PLAN RATES
DAILY ANNUAL MINIMUM PAYMENT
TYPE OF TRANSACTION PERIODIC PERCENTAG BELOW
RATE RATE
Personal Service Loan (PSL) 0.030137 11.0000% Month-end Balance Minimum Payment
Following loan Advance Monthly Biweekly
$7,500.01 to $10,000.00 $225.00 $104.00
$5,000.01 to $7,500.00 $175.00 $81.00
$3,500.01 to $5,000.00 $130.00 $60.00
$2,500.01 to $3,500.00 $95.00 $44.00
$1,000.01 to $2,500.00 $75.00 $35.00
$ .01 to $1,000.00 $50.00 $24.00
Your first payment is due and payable on the 28th of the month following the date of loan advance. The required payment only changes at monthend following an
advance. This new payment amount is due on the first due date in the month following the advance according to the payment frequency selected. The previous
payment is still due during the month in which the advance occurs. Thereafter, payment is due according to the payment frequency you have selected.
The Annual Percentage Rate (APR) may increase or decrease on the first day of each month during the term of the this transaction if the highest Prime Rate as
published in the Wall Street Journal increases or decreases. The APR will be equal to the highest Prime Rate as published in the Wall Street Journal on the last
business day of the previous month plus 3.4%. The APR will never exceed 21% or maximum allowed by law, whichever is less. The APR will never be less than
11%. Any increase in the APR will result in more payments of the same or lessor amount.
LATE CHARGES: If a payment is late by 10 days or more, you will be charged 5% of the payment due.
OVERLIMIT CHARGE: You will be charged an over-the-limit charge of $20.00 if you request a loan draft advance in excess of your assigned credit limit and the
loan draft is returned to you as unpaid. This fee will be added to your loan balance.
OVERDRAFT PROTECTION: If you request overdraft protection, any overdrafts on your share draft account will be charged against your unsecured credit limit and
will be subject to the finance charge applicable to your unsecured amount.
MINIMUM ADVANCE: $100.00
1 have read and accept the terms and conditions of the Open-end Credit and Security Agreements (on reverse side) and acknowledge receipt of the
Open-end Credi Disclosure st a incorporated as part of this agreement. I acknowledge receipt of a copy of this agreement.
1SIGNAi OF LI DATE L.EFI SI NATURE (WHERE APPLICAB ) DATE
X -/7-) )-
NOTICE: SEE FRONT OF PART 3 FOR IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE BILLING ERRORS.
APPLICATION FOR GROUP CREDIT INSURANCE
The debtor is applying to The Minnesota Mutual Life Insurance Company for the coverage described below and that statements made by
% debtor are representations and are true to the best of the debtor's knowledge.
es ? No For disability insurance to be effective the following question must be answered. Are you currently gainfully employed
on a full-time basis for a minimum of 30 hours per week for 14 days immediately preceding the date you became
indebted to the Creditor?
Do not sign this application if it contains any blank spaces.
This application is void and will not be used in a contest if all blank spaces have not been completed, the debtor has not signed and
dated the application and if the application has not been witnessed.
This insurance is voluntary and is not a condition for approval of this loan.
SCHEDULE
CREDIT LIFE INSURANCE Group Policy No.27300-G MAXIMUM LOAN REPAYMENT PERIOR40 LIFE INSURANCE MAXIMUM:
CREDIT DISABILITY INS. Group Policy No.: 24602-G 1210 $30000
MAXIMUM MONTHLY DISABILITY BENEFIT:$r5OO DISABILITY WAITING PERIOD: 14 Days RETROACTIVE DISABILITY BENEFIT.
COVERAGE REQUESTED' YES
I DO NOT WANT CREDIT LIFE.
DO NOT WANT CREDIT DISMILITY.
SIGNA (DEB DATE AGE SIGNATURE (JOINT DEBTOR) SIGN ONLY IF SELECTING JOINT LIFE DATE AGE
x /-!7 yJ z6
WITNE _ DAT
e7-1000"
HOW ARE CREDIT INSURANCE PREMIUMS CALCULATED
Each time you take an advance on an insured account, the projected term of the loan from that date forward is determined based on the new loan balance, the
minimum monthly payment and the interest rate being charged. The premium rate in the schedule above for the term of the loan is then used each month to
calculate your premium charge.
The monthly premium charge is determined by multiplying the premium rate limes the total remaining periodic loan payments.
For example, if the term of your loan is 12 months, the premium rate, per $100.00 of remaining payments,W. 4
If your monthly loan payment is $50.00, the premium charge in the month when 6 payments remain w2(h 4 X 6 X 50 - 100 61
If your loan payment is greater than the maxium monthly insurance benefit, only the insured portion of your payment will be used for calculating the monthly premium
charges. The amounts you are charged for insurance premiums will be shown in your periodic statements from the creditor.
Term in Premium Term in Premium Term in Premium Term in Premium Term in Premium
months rate months rate months rate months rate months rate
6 $0.278 12 $0.204 18 $0.164 24 $0.140 60 $0.084
7 $0.259 13 $0.195 19 $0.159 30 $0.123 66 $0.081
8 $0.245 14 $0.188 20 $0.155 36 $0. 1 1 1 '72 $0.077
9 $0.232 15 $0.180 21 $0.151 42 $0.102 78 $0.074
10 $0.222 16 $0.175 2'2 $0.147 48 $0.095 84 $0.072
11 $0.213 17 $0.170 23 $0.143 54 $0.089 90- $0.069
MUTUAL SYSTEM
e5-8300.37 F.42702 Rev.tl/91 EXHIBIT "A" COPYRIGHT HT 0 1981
IN THESE AGREEMENTS, THE WORDS, "I,' "ME," "MY" AND "MINE" WILL MEAN ALL PERSONS WHO COMPLETED AN OPEN-END CREDIT
PLAN APPLICATION. THE WORDS "YOU," "YOUR" AND "YOURS," WILL MEAN THE CREDIT UNION.
CREDIT AGREEME14T
I agree to the terms and conditions of this agreement and any future
amendments thereto, and promise to pay you all amounts due.
Advances: I understand that I may obtain loan advances under this
Open-end Credit Plan by one of the following methods:
1. writing a pre-printed share draft that you will supply to me;
2. requesting a loan advance in person:
3, requesting a loan advance by use of an automated teller machine;
4. use of an automated teller machine;
5. use of audio response system (HERB);
6. by telephone;
7. writing a preprinted loan draft that you will supply to me.
I agree that loan advances under this Open-end Credit agreement can
only be requested by me or any authorized user of the access device
listed above. An advance taken by any authorized user of the access
devices listed above shall be treated as an advance taken by me. I
understand that all advances must be made for good purpose. You
reserve the right to refuse to make any advance without affecting the
liability of any co-maker.
Future Access Devices: My application for this Open-end Credit Plan
serves as a request to receive any new access devices which may be
available at some future time. I understand that this request is voluntary
and subject to refusal at the time any of these new access devices are
offered by you. I further understand that the terms and conditions of this
Open-end Credit Plan will govern any loan advances made with these
new access devices.
Credit Limits: Advances against my open-end credit plan will at no time,
in total, exceed the limit assigned to me by you. Advances on secured
loans will depend on the value of security offered at the time of each
advance.
Payments: The minimum payment is shown in the disclosure statement.
The minimum payment and due date will be set and disclosed on my
statement of account. The payment and due date disclosed will be based
on the payment frequency selected by me and the amount of my
outstanding balance at the end of the month in which an advance is
made. My minimum payment will not change unless I request additional
advances or fail to keep my agreement. I may pay the credit balance in
full or in part at any time without penalty. However, minimum periodic
payments are required on each loan account as long as any balance
exists.
Credit Insurance: If I choose voluntary credit life and/or disability
insurance, the premiums for such coverage will be added to my
outstanding balance. If I do not make any payment when due, you may,
at your option, cancel such coverage. You also have the option of paying
the insurance premiums and adding them to my outstanding balance
where they will be subject to the annual percentage rate disclosed.
Default: If I fail to make any payments, or do not meet any of the
conditions of this credit agreement or any other agreement I make with
you regarding this credit plan, then you may, at your option, declare this
account to be immediately due and payable. I must pay to you at that
time the total unpaid balance, as well as the Finance Charge to date and
any costs of collection, including reasonable attorney's fees, that you may
incur, up to 20% of the unpaid principal and interest.
Debtor Responsibility: I promise to notify you of any change in my
name, address or employment. I promise not to apply for an advance 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.
Co-Maker's Liability: At times, you may advance sums under this
agreement to more than one person, each or whom has signed this
agreement. All persons called Co-Makers, agree to the following:
1. That the terms "1," "me," "my" and "mine" apply to all of them.
2. That each is equally liable under this agreement to fulfill all of its
terms and conditions.
3. That each of them is named the agent of the other for the purpose
of applying for and receiving loan advances under the agreement
now and in the future.
4. That any notice mailed to one shall be considered notice mailed to
all.
I understand that I may remove myself from responsibility as Co-maker at
any time by notifying you in writing. However, that does not release me
from any liabilities already incurred.
Contractual Pledges of Shares: I pledge all my shares and deposits in
the credit union, including future additions, as security for advances
under this Open-end Credit Plan. 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."
Termination: I understand that you may terminate this credit and
security agreement under the following conditions:
1. Upon adverse re-evaluation of my creditworthiness.
2. If I should fail to meet the terms of the agreements.
3. At my option, or your option, with good cause and upon written
notice.
I understand that termination will not affect my obligation to pay the
balance outstanding incurred prior to notice.
Additional Provisions:
1. I agree to provide you with a current financial statement if so
requested and that no advance will be made until you have reviewed
the linancial statement.
2. In case any provision of this agreement is held invalid for any reason
such determination shall not affect the remaining provisions of the
agreement. But the agreement shall be enforced as it such
provision was never included.
3. I admit that I have received a copy of this agreement. and that have fully read and understand all of its terms and conditions.
4. My signing and endorsing any checks or drafts issued under this
agreement shows my acceptance of its terms and conditions.
Change of Terms: You may change the terms of this agreement at any
fline. But you will give me written notice of any change at least 15 days
before the change takes effect.
SECURITY AGREEMENT
1 . I hereby agree to grant you a security interest according to the
provisions of the Uniform Commercial Code in any property pledged
as collateral for extension of credit under this agreement. The
collateral for any advance may also secure a later advance, if so
disclosed at that time. This security interest guarantees that I will
repay the sums advanced and any costs or expenses that may
become due under the open-end credit and security agreements,
together with the stated Finance Charge.
2. 1 will not change the location of, sell or transfer the collateral unless I
have your prior written consent.
3. 1 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.
4. 1 will pay all taxes, assessments, and liens against or attached to the
property described, and further agree to keep the property in good
condition and housed in a suitable shelter. I agree to execute
financing statements and security agreement amendments at your
request and will detend the property against adverse third party
claims.
5. 1 will maintain insurance to cover any vehicle or other properly in
which you have a security interest. This insurance will be in a form
and art amount satisfactory to you. I 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 such insurance, you ntay. but are not
required to, obtain insurance of your own and add the cost. of such to
the sums owed. This cost may bear interest at the contract rate until
paid. I 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 for verification of adequate coverage.
I acknowledge that insurance, or any extension thereof, placed by you
is without benefit to me individually but is primarily for the protection of
you.
6. You may meet all requirements for sending me a notice of any kind if
you send it to me by means of United States mail at my last given
address.
7, Any additional advances made to me for the payment of taxes or
assessments or liens of any kind, or premiums on authorized
insurance and the interest owing thereon shall also be secured by this
agreement.
8. If a default as defined in the credit agreement should occur. you have
the authority, upon such default, to repossess and sell the collateral in
a lawful manner. In such cases, you or your authorized
representatives may, at your option, enter the premises where the
collateral is kept and take possession, subject to applicable laws.
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 legal remedies available to you under
the Uniform Commercial Code and other applicable laws, and that you
may use these rights to enforce payment if I default. In that 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 a waiver of any other subsequent
defaults.
9. 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.
10. If there is more than one borrower, our obligations under this
agreement are joint and several, each being equally responsible to
fulfill the terms of the agreement.
11. This security agreement not only binds me, but my executors,
administrators, heirs and assigns.
12. Should you feel at any time that the security presented has diminished
in value, or for any other reason feel that additional security is
required, I agree to assign to you within (10) days whatever additional
security you feel is necessary to protect yourself against possible loss.
13. 1 admit that I have received a copy of the open-end security
agreement, that I have fully read and understand all of its terms and
conditions prior to my signing.
14. My signing and endorsing any checks or drafts issued under this
agreement shows my acceptance of its terms and conditions.
F.42701 3/91
6300 11/86
KARL M. LEDEBOHM
ATTORNEY-AT LAW
P.O. BOX 173
New Cumberland, PA 17070-0173
Phone: 717-938-6929
Fax: 717-932-0317
E. Michael Peters
30 Emlyn Lane
Mechanicsburg, PA 17055
Lorrie C. Peters
30 Emlyn Lane
Mechanicsburg, PA 17055
March 26, 2007
(Via Certified and regular mail)
RE: Members 1" Account No.: PSL 9944-04
Dear Mr. Peters:
Dear Mrs. Peters:
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 1 ` Federal Credit Union ("Members Is'") has requested my office to
collect the amounts due to Member's 1 S` under the above account.
As you know, you are in default of your obligations under the above account (the
"Account") evidenced by a Open-End Credit Plan dated September 17, 2003 having a
maximum principal credit limit in the amount of $10,000.00 (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 1s' hereby accelerates all amounts due to Members 1" under the
Account and the Note and hereby demands the payment of all amounts due to Members
1 S' under the Account and the Note in the amount of $9,323.42 itemized as follows:
1. Principal
2. Interest to 3/26/07
3. Legal Fees
4. Total due to Member
$9,108.81
79.55
135.06
1 S` as of 3/26/07 $9,323.42
EXHIBIT "B"
Interest continues to accrue on the above obligation at the rate of $3.1818 per day.
If you fail to deliver payment of the $9,323.42 together with additional interest to
the date that payment is delivered to Members 1St within thirty (30) days of the date of
this letter, Members 1St 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 1st
Nothing herein shall constitute or be construed as an agreement on behalf of
Members 1" 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
1St . Nothing herein shall constitute a waiver of any rights or remedies which Members
1St 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 1St to postpone or
extend the maturity date under the Note.
Members I" looks forward to the payment of the $9,323.42, together with
additional interest to the date that payment is delivered to Members 1St, on or before April
27, 2007.
Very trul ours,
Karl M. Ledebohm
CC: Dan Summers, Collections Officer
NOTICE
This letter is an attempt to collect a debt.
It you dispute the validity of this debt, or any portion thereof, and you contact the
undersigned within thirty (30) days after receipt of this Notice, you will be furnished with
written verification of the debt; provided, that if a lawsuit has been filed against you to
collect this debt before the expiration of the thirty (30) days, the complaint filed in said
lawsuit will constitute written verification of the debt.
If you do not dispute the debt or any portion thereof as stated above, the
undersigned will assume the debt is valid.
If the original creditor of this debt is different from the creditor stated on the front
page of this letter, the undersigned will provide you with the name and address of the
original creditor upon written request from you within thirty (30) days of receipt of this
notice.
The undersigned means the name signed at the end of this letter appearing in print
at the top of this letter.
¦ 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 this-Ront If space permits:
1. Article Addressed to:
Chae I pefe??
ry)1 ?l n ,Ln
?,'1? hen `cs b u ,- P
` 2. Article Number 7004 2890 0002 8467 0450
(Trartster frorn service label) --,.._
Ps Form 3811, February 2004 Domestic Return Receipt 102595-o2-M-1540
¦ 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.
1. Article Addressed to:
r?lyn zp.
M ea cA mital o rc, P4
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D. Is delivery address different from item 1? ? es
If YES, enter delivery address below: ? No
3. ce Type
Mail ? Express Mail
? Registered etum Receipt for Merchandise
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4. Restricted Delivery? (Extra-Fee) ? Yes
A. Signature
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B. Received by (Printed Name) C. of D
D. Is delivery address different from Rem 1? 0 Yes
If YES, enter delivery address below: ? No.
3. Service Type
.Certified Mail ? Express Mail
D Registered ARetum Receipt: for Merchandise
? insured mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
ahmster from service raeeq 7004 2890 0002 8467 0443
Ps Form 3811, February 2004 Domestic Return Receipt 102595-0
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MEMBERS I T FEDERAL : IN THE COURT OF COMMON PLEAS
CREDIT UNION : CUMBERLAND COUNTY,
: PENNSYLVANIA
PLAINTIFF
Vs. NO.:
E. MICHAEL PETERS and
LORRIE C. PETERS
DEFENDANTS. - CIVIL ,ACTION-LAW
VERIFICATION
1, Daniel Summers, Collections Officer for Members I" Federal Credit Union,
being authorized to do so on behalf of Members I"' Federal Credit Union, hereby ver*
that the statements made in the fb regoivg pleading are true and corm to the best of my
information knowledge and belief. I understand that Use statements are made subject to
the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to
authorities.
Members I Ot Federal Credit Union
By:
Daniel Summers, Collections
Officer
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Karl A Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-929
MEMBERS 1 J' FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
E. MICHAEL PETERS and
LORRIE C. PETERS
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: NO.: 07-3202 Civil Term
CIVIL ACTION-LAW
PRAECIPE
TO THE PROTHONOTARY:
Please enter judgment in the above captioned proceeding in favor of Members 1St
Federal Credit Union, Plaintiff, and against the Defendants, E. Michael Peters and
Lorrie C. Peters, in the amount of Ten Thousand Five Hundred Fifty-four and
151100 Dollars ($10,554.15) plus interest at the rate of $3.1818 per day, through
the date of entry of judgment hereon and at the legal rate thereafter, additional
attorney's fees and costs of suit. Judgment is entered pursuant to Pa. R.C.P. 3031
for failure to file an Answer on behalf of E. Michael Peters and Lorrie C. Peters to
Plaintiff's Complaint within twenty (20) days of service thereof and after a 10-day
Notice was sent.
submitted,
Date: July 9, 2007
Ledebo'hm, Esquire
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
E. Michael Peters and Lorne C. Peters by United States Mail, first class, postage prepaid
on June 25, 2007. The aforesaid notices were each contained within an envelope bearing
the return address of the undersigned. The notices have not been returned to the
undersigned as undeliverable or otherwise. A copy of the notice and Postal Forms 3817
are attached hereto and marked Exhibit "A".
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MEMBERS 1 ST FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
E. MICHAEL PETERS
LORRIE C. PETERS
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: NO.: 07-3202 Civil Term
CIVIL ACTION-LAW
IMPORTANT NOTICE
TO: E. Michael Peters
Lorne C. Peters
30 Emlyn Lane
Mechanicsburg, PA 17055
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
Kespect7y suminuea,
Date: June 25, 2007 r
arl M. Ledebohm, Esq.
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
Attorney for Plaintiff
EXHIBIT "A"
t - . ?
U.S. POSTAL SERVICE CERTIFICATE OF MAILING $
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT v`; :_ R L r O
PROVIDE I - ,... ,....,._ - _ . --- ------ ??_ ,` O
Receiv I?\\
F
Karl A Ledebohm, Esq. (`251
_ P.O. Box 173 '
New Cumberland, PA 17070-0173 s
t_
One piece of ordinary mail addressed to: ° X-2 C in
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(yJy?/(+, i //nt?j -/p yNJ--& C3 ?-•3-0•
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PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING c Lplq,y
MAYBE USED FO? DOUESTa; nn[n 11JTr MA-ThAhW-Mau_ o0GC NnT A
PROVIDE FOR INS r,
Received From Li 4 ?
Karl A Ledebohm, Esq. \\
P.O. Box 173
New Cumberland, PA 17070-017
One piece of ordinary mail addressed to::
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PS Form 3817, January 2001
SHERIFF'S RETURN - REGULAR
,.-CASE NO: 2007-03202 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MEMBERS 1ST FEDERAL CREDIT UNI
VS
PETERS E MICHAEL ET AL
ROBERT BITNER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
PETERS E MICHAEL
the
DEFENDANT , at 1815:00 HOURS, on the 1st day of June , 2007
at 30 EMLYN LANE
MECHANICSBURG, PA 17055
MICHAEL PETERS
by handing to
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 10.56
Postage .58
Surcharge 10.00
.00
39.14
So Answers:
R. Thomas Kline
05/04/2007
KARL LEDEBOHM
Sworn and Subscibed to By: I?Tk before me this day Deputy Sheriff
of A.D.
SHERIFF'S RETURN - REGULAR
,.)9ASE NO: 2007-03202 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MEMBERS 1ST FEDERAL CREDIT UNI
VS
PETERS E MICHAEL ET AL
ROBERT BITNER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvaiiia, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
PETERS LORRIE C the
DEFENDANT
at 1815:00 HOURS, on the 1st day of June , 2007
at 30 EMLYN LANE
MECHANICSBURG, PA 17055 by handing to
MICHAEL PETERS, 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:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscibed to
before me this day
of ,
So Anssweer?s :
R. Thomas Kline
06/04/2007
KARL LEDEBOHM
By:
Deputy Sheriff
A. D.
r
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. SECTION 101 TO SEC'T'ION 149 ETC.
MEMBERS 1 ST FEDERAL
CREDIT UNION
Plaintiff
VS.
E. MICHAEL PETERS and
LORRIE C. PETERS and
Defendants
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
07-3202 Civil Term
Amounts Due: $10,554.15
Interest from 5/23/07 to 7/12/07 at $3.1818 per
day and at the legal rate thereafter
. Atty's Com.: N/A
: COSTS TO BE ADDED
TOE" PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE
M ' TfEL
(1) Directed to the Sheriff of Cumberland County, Pennsylvania;
(2) against E. Michael Peters and Lorrie C. Peters, 30 Emlyn Lane, Mechanicsburg,
PA 17055, Defendants; and
(3) against Graystone Bank, 3599 Gettysburg Road, Camp Hill, PA 17011, as
Garnishee;
(4) and index this writ
(a) against E. Michael Peters and Lorrie C. Peters, 30 Emlyn Lane,
Mechanicsburg, PA 17055, Defendants; and
(b) against Graystone Bank, 3599 Gettysburg Road, Camp Hill, PA 17011,
Garnishee;
0/? -.
and levy upon any and all personal property of defendants as follows:
Any and all personal property of the Defendants, E. Michael Peters and/or Lome
C. Peters, in the possession of Graystone Bank, as Garnishee, including, without
limitation, any and all deposit accounts in which one or more of the said
Defendants may have an interest.
(c) Exemption has (not) been waived.
Dated: 4 - 3 f ^a ?-
Karl M. Ledebobm, hsgwre
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)935-6929
Attorney for Plaintiff
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-3202 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION,
Plaintiff (s)
From E. MICHAEL PETERS & LORRIE C. PETERS, 30 EMLYN LANE, MECHANICSBURG,
PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
GRAYSTONE BANK, 3599 GETTYSBURG ROAD, CAMP HILL, PA 17011
ANY AND ALL PERSONAL PROPERTY IN THE POSSESSION OF GRAYSTONE BANK,
INCLUDING, WITHOUT LIMITATION, ANY AND ALL DEPOSIT ACCOUNTS IN WHICH
ONE OR MORE OF THE SAID DEFENDANTS MAY HAVE AN INTEREST.
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 $10,554.15
L.L. $.50
Interest from 5/23/07 to 7/12/07 at $3.1818 per day and at the legal rate thereafter
Atty's Comm %
Atty Paid $174.64
Plaintiff Paid
Due Prothy $2.00
Other Costs
Date: 9/05/07
(Seal)
REQUESTING PARTY:
Name KARL M. LEDEBOHM, ESQUIRE
Address: P.O. BOX 173
NEW CUMBERLAND, PA 17070-0173
Attorney for: PLAINTIFF
Telephone: 717-938-6929
Supreme Court ID No. 59012
P r.
/Ii?'R. Long, Prothono
By: As 9.1*- Aft1k
Depu
ty I
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-03202 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
MEMBERS 1ST FEDERAL CREDIT UNI
VS
PETERS E MICHAEL ET AL
And now CPL. TIMOTHY REITZ
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:00 Hours, on the 12th day of September, 2007, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
PETERS E MICHAEL , in the
hands, possession, or control of the within named Garnishee
GRAYSTONE BANK 3599 GETTYSBURG ROAD
CAMP HILL, PA 17011
Cumberland County, Pennsylvania, by handing to
AMY E. CULLEY (OPER SUPERVISOR) ,
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her .
Sheriff's Costs: So answers-
Docketing .00 `
Service .00 ?e
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.0000 ? q 4/111/0 -7
09/13/2007
Sworn and Subscribed to
before me this day of By
De u y her' f
A.D
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1sT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
E. MICHAEL PETERS and
LORRIE C. PETERS
DEFENDANTS.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO.: 07-3202
: CIVIL ACTION-LAW
PRAECIPE TO DISSOLVE ATTACHMENT
Members 1St Federal Credit Union ("Members 1St"), by and through its attorney,
Karl M. Ledebohm, Esq., hereby requests that the attachment of Graystone Bank, as
garnishee, in connection with the execution issued in the above captioned matter be and
is hereby dissolved.
submitted,
Karl M.'Ledebohm, Esq.
Supreme Court ID # : 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Members 1St Federal
Credit Union
w r co
V "C
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-929
MEMBERS 1" FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
E. MICHAEL PETERS and
LORRIE C. PETERS
DEFENDANTS
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 07-3202 Civil Term
: CIVIL ACTION-LAW
PRAECIPE
Please mark the judgment entered in favor of Members I" Federal Credit Union
in the above captioned matter satisfied.
Date: October 11, 2007
Karl M. Ledebohm, Esquire
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
rn-
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriff's Costs: Advance Costs: 334.90
Sheriff's Costs: 334.90
Docketing 18.00 $ 000.00
Poundage 231.14
Advertising
Law Library .50
Prothonotary 2.00 Refunded to Atty on 10/04/07
Mileage 13.44
Surcharge 40.00
Levy 20.00
Certified Mail
Post Pone Sale
Garnishee 9.00
Postage 82
TOTAL $ 334.90 ? /a// 7/67 So Answ. rs;
R. Thomas Kline, Sheriff
By Claudia A. Brewbaker
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?19g13r
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-3202 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION,
Plaintiff (s)
From E. MICHAEL PETERS & LORRIE C. PETERS, 30 EMLYN LANE, MECHANICSBURG,
PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
GRAYSTONE BANK, 3599 GETTYSBURG ROAD, CAMP HILL, PA 17011
ANY AND ALL PERSONAL PROPERTY IN THE POSSESSION OF GRAYSTONE BANK,
INCLUDING, WITHOUT LIMITATION, ANY AND ALL DEPOSIT ACCOUNTS IN WHICH
ONE OR MORE OF THE SAID DEFENDANTS MAY HAVE AN INTEREST.
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 $10,554.15
L.L. $.50
Interest from 5/23/07 to 7/12107 at $3.1818 per day and at the legal rate thereafter
Atty's Comm %
Atty Paid $174.64
Plaintiff Paid
Due Prothy $2.00
Other Costs
Date: 9/05/07
(Seal)
REQUESTING PARTY:
Name KARL M. LEDEBOHM, ESQUIRE
Address: P.O. BOX 173
NEW CUMBERLAND, PA 17070-0173
Attorney for: PLAINTIFF
Telephone: 717-938-6929
Supreme Court ID No. 59012
?i-RR. Long, Prothono
By. ?e" K. 6'??
Deputy