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HomeMy WebLinkAbout04-0815BELCO COMMUNITY CREDIT UNION Plaintiff VS. DOUGLAS DOTY Defendant : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION-I~.W NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 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 demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abo~ado y archivar en la corte en forma escrita sus defensas o 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 peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 BELCO COMMUNITY CREDIT UNION Plaintiff DOUGLAS DOTY Defendant : CUMBERLAND COUNTY, COURT OF COMMON PLEAS PENNSYLVANIA : CIVIL ACTION - LAW COMPLAINT Plaintiff is Belco Federal Credit Union, hereinafter referred to as "BELCO", a Pennsylvania Corporation with an office at 403 N. 2nd Street, Harrisburg, Dauphin County, Pennsylvania 17108. 2. Douglas Dory, a Defendant, is an adult individual with an address at 5 wiltshire West, Carlisle, Cumberland County, Pennsylvania 17013. 3 o Defendant applied for a Loan Liner account from Plaintiff pursuant to the Application dated March 25, 2003, which is attached hereto, marked Exhibit A and made part hereof. 6. Defendant has failed and refused to bring his account current. 7. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 4. Defendant's delinquent balance on the account is $9,346.51. 5. Because of Defendant's failure to make monthly payments and in accordance with the standard Security Agreement, a copy which is attached hereto, marked Exhibit "B" and made part hereof, Defendant owes an attorney commission of $1401.98 for a total of $10,748.49. WHEREFORE, Plaintiff requests entry of judgment against Defendant in the amount of $10,748.49 together with costs of suit thereon. Respectfully, Submitted, Date: Arthur M. Feld, Esquire Attorney I.D. No. 07172 1309 Bridge Street New Cumberland, PA 17070 (717)770-0292 INSTRUCTIONS: (1) Read all documents; (2) Complete this application lor credit and sign alt signature ', PLEASE PRINT (IN INK) OR TYPE loan please ask us for additional inlormation, 1 PLEASE CHECK ~ THE SERVICES YOU ARE APPLYING FOR ~'LOANLIN ER" Account Amount Requested $ Purpose / Collateral '2 APPLICANT iNFORMATION 3 EMPLOYMENT INFORMATION ~03 N. 2nd Street Ha~isburg, PA 17108 Pb3~e (717) 720~251 (8O01642-4482 . 6251 ~ VrSA® Classic Credit Card _ Credit Limit Req. $. ~ VISA" Gold Card [~ VISA® Check Card Amt. Req. (with access to your line of credit) NOTE; You must have a Share Dr.a. ff account to qualify for a VISA® Check Card. NOTICE: Married Applicants may apply for a separate account. Check the appropriate box below to indicate the type of credit for which you are applying. [] Individual Credit: Complete Applicant section. Complete other sections as follows: (1) Information about your spouse if you live in a community property state (AZ, CA, ID, LA, NM, NV, TX, WA, WI) or if your spouse will use the Account. (2) Information about the party making the payments if you are reyng on alimony, spousal support, child support or separate/spousal maintenance as a basis for repayment. [] Joint Credit: Provide information about both of you by completing Applicant and Co-Applicant sections. APPLICANT [] CO-APPLICANT [] SPOUSE [] GUARANTOR NAME NAME ACC~U~T-NL~F_R [ YEARS A~/PRESENT --~ SO..¢IAL SECURITY NUMSER ACCOUNT NUMBER COMPLETE FOR JOINT CREDIT, SECUREO CREDIT OR IF YOU LIVE]N A COMMUNITY PROPERTY STATE: ~ MARRIED [~ SEPARATED ~' UNMARRIED (Single, Divorced, Widowed) , NAME OF EMPLOYER iF E4~PLOYED [N CURRENT POSiTiON LESS THAN FiVE (5) YEARS, COMPLETE THE FOLLOWING: ~EVIOUS EMPLOYER NAME AND ADDRESS ~STARTING DATE PREVIOUS EMPLOYER NAME AND ADDRESS J ENDING DATE ENDING DATE TITLE/GRADE TITLE/GRADE IBIRTH DATE I SOCIAL SECURITY NUMBER COMPLETE FOR JOINT CRECI~ SECURED CREDIT OR IF YOU LIVE IN A COMMUNITY PROPERTY STATE; [~ MARRIED [~ SEPARATED [] UNMARRIED (Single, Divorced, Widowed) NAME OF EMPLOYER IF EMPLOYED IN CURRENT POSITION LESS THAN FiVE 15) YEARS, COMPLETE THE EOLLOWING: STARTING DATE 4 INCOME INFORMATION 5 DEBTS 6 ASSETS/ PROPERTY GROSS ~j OTHER iNCOME SOURCE )~4~ PER J~, $ PER AUTO LOAN $ GROSS PER INTEREST RATE NOTICE: ALiMON~ CHILD SUPPOR~ OR SEPARATE MAINTENANCEINCOME NEED NOTSE REVEALEDIFYOU DO NOT CHOOSETO HAVEIT CONSIDERED ~THERINCOM~ER SOURCE MARKET I PRESENT MONTH~ VALUE EALANCE PAYMENT LIST HOME AND ALL OTHER ITEMS YOU OWN AND LOCATION OF PROPERTY $ YaS NO I PRESENT SAbANCE I ~MONTHLY PAYMENT (if olher than abOVe) $ '7 ' ' SIGNATURES 8 CREDIT INSURANCE APPLICATION/ SCHEDULE Please complete if you ara applying for a LOANLINEI~ Plan, VISA Credit Card or VI, SA Check Card. 9 CREDIT UNION USE ONLY IT IS IMPORTANT THAT YOU READ ALL THE PROVISIONS OF THE CONTRACT AND ADDENDUM THOROUGHLY BEFORE YOU SIGN BE,.OW. You acknowledge that everything you have stated Jn this apply the balance in these accounts to any amo¢,nts due. if no application is correct to the best of your knowledge, if there ate any important changes, you will notify us in writing immediately. You authorize the credit union to obtain credit reports in connection with this application for credit and for any update, renewal or extension of the credit received. You understand that the credit union will rely on the information in this application and your credit report to make its decision, If you request, the credit union will tell you the name and address of any credit bureau from which it received a credit report on you. It is a federal crime to willfully and deliberately provide incomplete or incorrect information on loan applications made to federal credit unions or state chartered credit unions insured by NCUA. If you are applying for a LOANLINER plan or a VISA Classic Card, VISA Gold Card or VISA Check Card account, the following apply: You grant us a security interest in the following share accounts lo account number is indicated below, you authorize ~:$ to eF'~/y the balance in your individual and joint share accounts at the time of default to pay any amounts due. ~,hares and~ deposits in an Individual Retirement Account, and ~'ny other account that would lose special tax treatment under state or federal law if given as secur/~ are not subject to the security interest you have given in your shares and deposits. Account # Accour~t # You Have Received An~l Read The Agreement For Each Service You Have Applied For. By signing below, you agree to be bound by the terms of tile agreement for each service checked on the front of this application. I UNDERSTAND THAT MY FACSIMILED SIGNATURE ON THIS APPLICATION SHALL HAVE THE SAME FORCE IN EFFECT secure what you owe, When you are in default you authorize us to AS MY ORIGINAL SIGNATURE. G N,¢~, UI~ E O,F AP P~ A N T ~ DATE SrGNATU,E CE OO-APPL,OANT/SPOUBE/GUAR^NTOR "You' or Y~¢' means th~member and the joint insured (if applicable).' Credit insurance is voluntaw aed not required in order to obtain your loan. You may select any insurer of your choice, You have established an open-end Loan Plan with the Credit Union. Your Loan Plan may consist of one or more Loans. You are applying to the SocJe~ for credit insurance. You authorize the (SEAL) DATE month and understand that interest will accrue on these charges the same as it accrues on amounts of advances which are added to your Loan Balance. 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, if the member has not signed and dated the Application, and if the charges for insurance to be added to your Loan Balance each Application has not been witnessed. iNSURED MEMBER BORROWER'S DATE OF BIRTH ACCOUNT NUMBER DATE OF ISSUE OF C E RT[FICATE JOINT INSURED MEMBER CO BORROWER'S DATE OF BIRTH ACCOUNT NUMBER SECONDARY BENEFICIARY (If you desire to name or,e) THE FOLLOWING STATEMENTS MADE BYYOU ARE REPRESENTATIONS AND ARETRUETOTHE BEST OFYOUR KNOWLEDGE AND BELIEF: CREDIT LIFE INSURANCE CREDIT DISABILITY INSURANCE LOANLINER VISA COST PER $19'0 OF LOANLINER ACCOUNT ACCOUNT COVERAGE YOUR MONTHLY ACCOUNT COVERAGE PREMIUM YES NO YEB NO SELECTED LOAN BALANCE YES NO SELECTED SCHEDULE MAX,M.M ELIG,B, , AGE EOB OOVE.AGB UNDERAGE 65? f.%O.." ~ONE e,B*e,U...E.E.,T IS 65 WiTH NO TERMINATION AGE REQU/RE- C $75o.oo MENT. UNDER CREDIT LIFE AND D~SABILITY, THE MAXIMUM ELIGIBILITY AGE FOR COVERAGE IS 65 WITH NO TERMINATION A~E BEQUIR EMEN T. $50,000 DATE If yOU are totally disabled for more than 14 days, then the disability benefit will begin with the 15th day of disability. DO NOT WRITE BELOW -- FOR CREDIT UNION USE ONLY UNDER AGE 65 ? UNDER AGE 70 ? MAXIMUM MAXIMUM AGE FOR NONE AGE FOR 70 X ADVANCE APPROVED ~YES E]NO REFERREDTO [~ COUNTER OFFER WILL BE MADE, iF ACCEPTED, ADVANCE APPROVED. LOAN OFFICER SIGNATURE CREDIT COMMI'Cf'EE/C REDIT OFFICER SIGNATURES DATE DATE X × 4E.~JE~VFD N THaT SAI E YOU ~,,1/~y HAVE TO ~av T'~E BiFFEREI!Cb 00 NOT WRITE BELOW -- FOR CREDIT tdNION USE ONE}' 'r , ~, .... ~L,- sox~$~ VERIFICATION Section 4904 relating to unsworn falsification to authorities, that he/she is the ~/~SS Pfi~-J~'~O~ ~OOR. for the Plaint±fi in :his ~atter, that he/she is authorized to make this affidavit on its behalf and that the facts set forth in the fore/o/n/ pleading ara true and correct to the best of his/her knowledge, information and belief. BELCO COMMUNITY CREDIT UNION Plaintiff DOUGLAS DOTY Defendant : COURT OF COMMONS PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE ACTION Would you please discontinue the action against the Defendant in the above captioned matter, the Plaintiff does not wish to proceed at this time. To Prothonotary Date: March 2, 2004 Arthur M. Feld 1309 Bridge Street New Cumberland, PA ID# 07172 17070 SHERIFF'S CASE NO: 2004-00815 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BELCO COMMUNITY CREDIT UNION VS DOTY DOUGLAS RETURN - REGULAR JODY SMITH , Sheriff or'Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DOTY DOUGLAS ~, the DEFENDANT , at 1040:00 HOURS, on the 1st day of March , 2004 at CARLISLE, PA 17013 DOUGLAS DOTY a true and attested copy of CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE by handing to COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18 Service Affidavit Surcharge 10 28 So Answers: oo O0 ~, 00 R. Thomas Kline 00 00 03/01/2004 ARTHUR FELD Sworn and Subscribed to before me this ~ day of ~ ,~1.0~ ~z- A.D. Prothonota~ ! By: