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HomeMy WebLinkAbout08-5373C1 AMERICHOICE FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. RICHARD CONTES, DEFENDANT :2008- 5513 CIVIL TERM NOTICE TO PLEAD You have been sued in court. If you wish to defend against the claims set forth in the New Matter in the following pages, you must take prompt action. 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. A judgment may also be entered against you for any other claim or relief requested in these papers by the Garnishee. 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. Court Administrator Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 JO?51QA J ECKY, E??E Supreme Couff ID #53147 120 South Street Harrisburg, PA 17101 (717)221-1111 Attorney for Plaintiff AMERICHOICE FEDERAL CREDIT UNION, PLAINTIFF V. RICHARD CONTES, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008- CIVIL TERM COMPLAINT AND NOW, comes the Plaintiff, by and through its attorneys The Shagin Law Group LLC, and respectfully avers the following in support of its Complaint: 1. Plaintiff is AmeriChoice Federal Credit Union, a Pennsylvania Credit Union doing business at 20 Sporting Green Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Richard Contes, an adult individual who currently at 50 Sugar Maple Drive, Etters, York County, Pennsylvania. 3. On or about March 10,2006, the Defendant entered into a Credit Card Agreement with the Plaintiff which has a maximum credit limit of $ 7500.00; a copy of said Agreement is made a part hereof and marked as Exhibit "A." 4. Pursuant to the terms of the Agreement, Defendant agreed to pay to the Plaintiff the minimum payments of One hundred seventy six dollars ($176.00 ), monthly, beginning with the monthly payment of April, 2006, and continuing monthly until said credit card balance was paid in full. 5. The Defendant defaulted under the terms of the Agreement by failing to pay the required installment of June, 2008, and subsequent installments thereafter. 6. The Defendant is due and owing the total sum of Eight thousand nine hundred ninety- eight dollars and ninety two cents ($8998.92)as the balance due under the Agreement. 7. Despite repeated demands for payment, the Defendants owes and continues to owe said sum to Plaintiff. 8. In addition, Pursuant to the Agreement, interest is to accrue on the unpaid balance at the rate of 18 %, until the total amount owed is paid in full. 9. In addition, pursuant to the Agreement, Defendants are to pay all costs of collecting the amount owed under the Agreement, including a 20% collection fee. WHEREFORE, Plaintiff demands judgment in favor of the Plaintiff and against the Defendant in the amount of $8998.92, plus interest at 18%, collection fee of 20%, and the costs of this suit. Respectfully submitted, John?/Kope9K, Esquire Supreme Court ID #5314 300 North Second Street, 8`h Floor Harrisburg, PA 17101 (717) 221-1111 Attorney for Plaintiff 409/d412008 TflU 8:38 FAX 5919695 ( YJ , AMERICHOICE FEDERAL CREDIT UNION 20 Sporting Green Drive Mechanicsburg, PA 17050 • (717) 795-0249 A table that inchules the APRs and other required cost disclosures for credit card applications is on the reverse side of this application. Z002/002 qt?7s?clf ?> 04 CREDIT CARD APPLICATION NDMDOAL CREDIT: You must complete the Applicant section about yourself and the Other section about your spouse If., (1) you IMre in or the property pledged as collateral is lotted in a community property state (AK, AZ, CA, ID, LA, NM, NV, TX, WA, WI); (2) your spouse will use the account, or (3) you are relying on your spouses income as a basis for repayment. If you are relying on income from alimony, child support, or separate maintenance, complete the Other section to the extent possible about the person on whose payments you are relying. © JOINT CREDIT: Each Applicant must Individually complete the appropriate section below. If Co-Borrower is spouse of the applicant, mark the Co-Applicant box. CE31 NUNiANTMt: Complete the Other section if you are a guarantor on an acoanLtRaeul. NA" (Leer - Few- MOTFIE" MA NAME NAME (Last - Fkat - InNM MOYHEWS MAIDEN NAME ACC70UNT NUMBER NUMBER ACCOUNT NUMBER SOCIAL. SECURITY NUMBER OR a A£R'S LICENSE NUMBER /STATE DRIVER'S LICENSE NUMBER / STATE o C2 " TI DATE HOME PHONE f r - Sn RK PHONE! BIRTH DATE HOME PHONE WORK PHONE/ EXT. E-M AL ADDRESS E-MAIL ADDRESS PR rz ENT ADDRESS (SYroat . City - SWO , TP) ?IN 4M+FW PRESENT ADDRESS (Street - City - Stab - Zap) U .OWN IP&T 'YEARS AT THIS ADDRESS PREUOUS ADDRESS (Street - City - Stab - 71p) OWN RENT YEARS M THIS PREVIOUS ADDRESS (Street • City - state - Zlp) Lj VU RENT YEARS AT THIS ADDRESS - ... ADDRESS MC FVGAGE/RENT OWED TO: MORTGAGE/RENT OWED TO. MOMAGE BALANCE MONTHLY PAYMENT NO. OF DEPENDENTS 3 AGE MORTGAGE BALANCE MONTHLY PAYMENT NO OF DEPENDENTS S AGE cohMLETE FOR JOINT CREDIT, SECURED CREDIT OR IFYOU LIVE IN A COMMUNITY PROPERTY STATE: ETE FOR JOINT CREDIT. SECURED RE01 R IF Y OtJ LIVE IN A COMMUNITY PROPERTY STATE: IVIRRIEO SEPARATED UNMARFaED (Stn - DWIC d - WWMM r] MARRIED SEPARATED NMARRIED Single • Dkwcod -MdmecQ ErVIRkwInveWhwornat NAME AND ADDRESS OF EMPLOYER E nt/lnoome'` NAME AND DRESS OF EMPLOYER STAFtr DATE POSITION START DATE ON Nr>7 HE: ALWrONY. CHIID SUPPORT, OR SEPARATE MAINTENANCE INCOME NEED NOT BE REVEALED Nt7RCE: ALIMONY, CFeLD SU RT OR'SEPARATE MAINTENANCE INCOME NEED NOT REVEALED IF YOU DO NOT DOSE TO HAVE R CONSIDERED. IF YOU DO NOT C E TO HAVE IT CONSIDERER EMPLOYMENT INCOME OTHER INCOME tNCOM EMPLOYMENT E OTHER INCOME $ PER $ PER $ R $ PER ITT GROSS SOURCE NET G SOURCE NAMEAND ADDRESS OF PREVIOUS EMPLOYER START DATE / END DATE NAME AND ADDRESS OF PREVIOUS EMPLOYER START DATE'/ END DATE Deposit Atxount Nat e,& Act~quntN(imber VALUE Creditor N ame & Accotkit Number RALANCO MONTHLY PAYMENT SAVINGS $ CREDITOR CHECKING $ CREDITOR $ $ OthR Assets CREDITOR $ $ OTHER PROPERTY $ CREDITOR $ $ OTHER $ AUTO AUTO MAKE YEAR OTHER $ $ Otf>ler Information IF YOU ANSWER " " APPLI CANT OTH ER Ab")fou YES TO ANY QUESTION OTHER THAN A1, EXPLAIN ON AN ATTACHED SHEET. YES NO YES NO 1. AREYOU A U.S. OMZEN OR PERMANENT RESIDENT ALIEN? 2. 00 YOU CURRENTLY HAVE ANY OUTSTANDING JUDGMENTS OR HAVE YOU EVER FILED FOR BANKRUPTCY. HAD A DEBT ADJUSTMENT PLAN OONFIRMED UNDER CHAPTER 13. HAD PROPERTY FORECLOSED UPON OR REPOSSESSED IN THE LAST 7YEARS, OR BEEN A PARTY IN A LAWSUIT? 3. ARE YOU A 004AAKER, CO-SIGNER OR GUARANTOR ON ANY LOAN NOT LISTED ABOVE? FCR WHOM (Noma of Oeters Obligated on Lean): TO WHOM (Name of Creditor): Personal :Reference RELATIONSHIP: HOME PHONE: NAME AND ADDRESS OF NEAREST RELATIVE NOT LIVING WITH YOU: State Law Notions OHIO RESIDENTS ONLY: The Ohio laws against discrimination the agreement, statement or decree, or has actual knowledge of its terms before the credit , require that ail creditors make credit equally available to all"creditworthy customers, and that is granted or the account is opened. (2) Please sign it you are not applying for this account credit reporting agencies maintain separate credit histories on each Individual upon request or loan with your spouse. The credit being applied for, if granted, will be Incurred in the The Ohio Civil Rights Commission administers compliance with this law. interest of the marriage or family of the undersigned. WISCONSIN RESIDENTS ONLY. (1) No provision of any marital property agreement, v unilateral statement under Section 766.59, or court decree under Section 766.70 will A adversely affect the rights of the Credit Union unless the Credit Union is fumished a copy of SIGNATURE FORVINSOONSIN ( ONLY OVATE You promise everything you have In is application is correct to the best of your understand that the use your card Will oonWbite a gment raceis and knowledge. If there are any important changes you will notify us in writing immediately. You agreement to the terms of the credit card agreement. A condition of your account is your authorize the Credit Union to obtain credit reports in connection with this application for grasting us a security interest In your shore accounts. By signing below you grant us a credit and for any update, increase, renewal, extension, or collection of the credit received. security interest In all Individual and joint share and/or depos t accounts you Rave with us you understand that the Credit Union will rely on the information in this application and your new and In the future to secure your credit card account. Shores and deposits In an credit report to make its decision. If you request, the Credit Union will tell you the name and Individual Retirement Account and any other account that would lose speclef tax address of arry credit bureau from which it received a credit report on you. It is a federal crime treatment under state or federal law if given as security are not subject to this security to willfully and deliberately provide incomplete or incorrect information on loan applications interest. When you are In default we may apply the balance in these accounts to any made federal credit unions or state chartered credit unions insured NCUA. You amounts due under the credit card agreement. ' X (s IQ X APPLI SIGNATURE DATE OTHER SIGNATURE PATE FOR CREDI NIO II APPROVED NO. OF CARDS _ CREDrr UMIT1i CREDIT CARD NUMBER At. 1, T UN USE ONLY D DECLINED CRED T`* M tTTEE 9P LOAN OFFICER SGNATURE QCWMUTWAL GROUP, 1985.2003. AU. RIGHTS RESERVED DETACH AND RETURN THIS APPLICATION TO YOUR CREDIT UNION TO O 1-800-356-5012 ACAV30 12/03 (? 27512rwg VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. AmeriChoice Federal Credit Union, Plaintiff DATED: y D? BY: `J /Jarnes Glatfelter, Vice-President R 00 44 j Sy _ O r.- fv rri (j1 .C _ + r -71 i 1 l.J , f SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05373 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICHOICE FEDERAL CREDIT UNI VS CONTES RICHARD R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inauirv for the within named DEFENDANT to wit: CONTES RICHARD but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore County, Pennsylvania, serve the within COMPLAINT & NOTICE to On October 7th , 2008 , this office as in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County Postage So answers: 18.00 - :-'-? 9.00 10.00 R. Thomas line 60.44 Sheriff of Cumberland County 1.35 98.79 ? io/a9?®Q,, 10/07/2008 THE SHAGIN LAW GROUP Sworn and subscribe to before me this day of A. D. 1 COUNTY OF YORK OFFICE OF *THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 AI J- SERVICE CALL (717) 771-9601 SHERIFF SERVICE ?1STRiTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LM 1 THRU 12 DO NOT DIETACH ANY COPES 1 PLAINTIFF/SI 2. COURT NUMBER C1V11 Americhoice Federal Credit Union 3. DEFENDANTISI Richard Contes VVKI I VK %.VMVLAIN 1 _4Z:4, arg laint SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Richard Contes 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, TWP, STATE AND ZIP CODE) AT 50 Sugar Maple Drive Etters, PA 17319 7. INDICATE SERVICE: O PERSONAL 0 PERSON IN CHARGE EPUTIZE ? CERT MAIL ? 1 ST CLASS MAIL 0 POSTED O OTHER NOW eptem er 11 20 08 I, SHERIFF UNTY, PA, do hereby deputize the sheriff of York COUNTY to execute t gggto ce return there ccording to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF ""'• 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. OU p OF CO. CLInbef rlafid ADV FEE PAID BY ATTY. Please mail return of service to Curiberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY/ ORIGINATOR and SIGNATUREJOHNNA J. KOPEC KY , ESQ 10. TELEPHONE NUMBER 11 DATE FILED 120 S. STREET, HARRISBURG, PA 17101 717-221-1111 9-9-08 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed) CUMBERLAND CO SHERIFF ar04>t.c ou.vln ruff V= car l r= xraclrr -- w VW I l111(ITC fiiCLtl)flll I IQ f1.18o: 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. MJ MC G I LL YC S 0 9 -19-2008 110-9-08 16. HOW SERVED: PERSONAL, RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O I hereby certify and return a NOT'FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HER ?F,NO S WN ABOVE (Retation p to Defendant) 19. Date of Service 20 Time of Service C h d co eS ?,5e?6 7, ;; 21. ATTE PTS Time Miles nt. D to Time Mils Int D to Time flees Int. Date T Miles Int. Date Time Miles Int. Date Time Miles Int. 233. 3 22. REMARKS: 23. Advance Costs 24 Service Costs 25 N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 3t. Surchg. 32. Td. Costs 33 Costs Due or efund Check No 10 0.0 0 I - oo 3,10 ?? OO ?jQ,L .Kj 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38 NeageJPos ge/Not Found 39. Total Costs 40. Costs Due or Refund 41 AFFIRMED and subscrib d to b t IN 3 0th ANSWERS . "W e e S1M IQ78 42. day of =ACT 44. Signature of Dep. Sheriff l2 -l6 M 45. DATA Og, ?? -. N'0 TARIAL SEAL 46. Signature of York County Sheriff 47 DATE L I r oTARYPUrahlc RICHARD P. K S 9-30-2008 y ' 4 K COUNTY AUG, T?y12, 2009 48. Signature of Foreign 49 DATE County Sheriff av. 1 A(dINVVVLtIJbt Ktl.ter' I Ur 1 r7t 0"tKIrr a Kt I VKN WUNAI VKt 151. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - SherlRs Office J. ch t Wd, GT ;i?_ C.}?zv AMERICHOICE FEDERAL CREDIT UNION, PLAINTIFF V. RICHARD CONTES, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008- 05373 CIVIL TERM IMPORTANT NOTICE TO: Richard Contes 50 Sugar Maple Drive Etters, PA 17319 DATE OF NOTICE: October 16, 2008 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service 100 South Street Harrisburg, Pennsylvania 17108 800-692-7375 Jo J. op cky, Esqui The Shagin Law Group LLC 120 South Street Harrisburg, PA 17101 717-221-1111 Attorney for Plaintiff w Y rn AMERICHOICE FEDERAL CREDIT UNION, PLAINTIFF V. RICHARD CONTES, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :2008- 05373 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Please enter judgment in the above-captioned proceeding in favor of the Plaintiff, AmeriChoice Federal Credit Union, and against the Defendant Richard Contes, in the amount of $8998.92, , plus interest at 18% and costs of this suit, including a 20% collection fee,for failure ,?. sea bow to Answer the Complaint. f. /l- 3 --oq' Jo J. Kop , Es 'r The Shagin Law Group LLC 120 South Street Harrisburg, PA 17101 717-221-1111 Attorney for Plaintiff ? r TrI ? p O a rx7 ?-- w co x a 0