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: