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HomeMy WebLinkAbout09-1460Karl M. L.edebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 ST FEDERAL CREDIT UNION PLAINTIFF Vs. LINDA K. MILLER DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO.. eq- 1460 ONvit Ter. : 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249-3166 OR (8110)990-9108 NO CIA 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 demands y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defenses o sus objections 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 por 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 ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DI RECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET 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 FEDERAL CREDIT UNION PLAINTIFF Vs. LINDA K. MILLER DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO.. 0 9 - /v G 0 &1?;q Tc , 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 and makes the following complaint: 1. Plaintiff, Members 1St Federal Credit Union ("Members 1 Sr), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 1 2. Defendant, Linda K. Miller ("Defendant"), is an adult individual having a last known address of 1531 Cranes Gap Road, Carlisle, PA 17013. 3. On or about June 10, 2004, Defendant submitted to Members 0 a credit card application (the "Application") for a Visa credit card issued by Plaintiff. 4. Plaintiff accepted the Application and sent to Defendant a Visa Credit Card, account #4287-5900-0049-2708 (the "Visa Account") and a Visa Credit Card Agreement and Disclosure Statement. 5. The Visa Account is governed by the Visa Credit Card Agreement and Disclosure Statement (the "Credit Card Agreement and Disclosure"), a copy of which is attached hereto as Exhibit "A" and made part hereof. 6. Pursuant to the terms and conditions of the Credit Card Agreement and Disclosure, Defendant agreed to pay to Plaintiff monthly installments in an amount of not less than two percent (2.0%) of the outstanding balance on the account or $20.00, whichever is greater. 7. Defendant has made charges against the Visa Account and is in default of Defendant's obligations under the Credit Card Agreement and Disclosure and the corresponding Visa Account as a result of Defendant's failure to make the payments due to Plaintiff as set forth in the Credit Card Agreement and Disclosure, the last payment having been received by Members I" on or about August 19, 2008. 8. By letter dated January 28, 2009, addressed to Defendant, Plaintiff demanded the payment of all amounts due under the Credit Card Agreement and 2 Disclosure and the corresponding Visa Account. A copy of Plaintiffs 9 10. 11. Demand is attached hereto as Exhibit "B" and made part hereof. As of March 5, 2009, Defendant is indebted to Plaintiff in the amount of FORTY-THREE THOUSAND NINETEEN AND 02/100 ($43,019.02) DOLLARS itemized as follows: a. Principal $38,998.23 b. Unpaid finance charge 1,950.79 c. Unpaid other fees 270.00 d. Legal Fees* 1,800.00 e. Total due to Member 1St as of March 5, 2009 $43,019.02 *Legal fees are estimated in accordance with the terms and conditions set forth in the Credit Card Agreement and Disclosure. Defendant will be responsible for payment of actual, reasonable legal fees incurred by Members 1 st in this matter. Defendant also agreed under the terms and conditions of the Credit Card Agreement and Disclosure that in the event of default there under Defendant would pay, in addition to the amounts set forth in paragraph 9 above, additional reasonable legal fees, if any, and costs incurred by Plaintiff as a result of the institution and prosecution of these legal proceedings. Legal fees and costs continue to accrue on the above obligation as set forth in the Credit Card Agreement and Disclosure through the date of payment and including on and after entry of judgment on this complaint. 3 12. As set forth above, Plaintiff has made demand upon Defendant to make payment of all amounts due to Plaintiff under the Visa Account and corresponding Credit Card Agreement and Disclosure and, as of the date hereof, Defendant has failed and refused to make payment of all such amounts due to Plaintiff. WHEREFORE, Plaintiff, Members 1 s Federal Credit Union, demands judgment against Defendant, Linda K. Miller, in the amount of FORTY-THREE THOUSAND NINETEEN AND 02/100 ($43,019.02) DOLLARS together with additional attorney's fees and costs of suit and interest at the legal rate on and after the entry of judgment on this complaint which amount exceeds the jurisdictional amount requiring arbitration referral by local rule. . Date: 3' - OT 1 M. Ledebohm, Esq. Supreme Court ID # : 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff 4 Respectfully submitted, VISA Credit Card Agreement and Disclosure Notice: See reverse side for important information regarding your rights to dispute billing errors. 1. Meaning of Words. The following words have the following meanings in this Agreement and in the monthly billing statement sent hereunder: (a) "Agreement" means the Visa Credit Card Agreement and Disclosure furnished by us. (b) "we", "us" and "our" means Members 1st Federal Credit Union, Mechanicsburg, PA. (c) 'you' and "your" means each person who signs the application for the Account. (d) 'Card' means any Visa Credit Card and any duplicates and renewals we issue to you or to an authorized user of your Account. (a) 'Account" means your Visa Credit Card Account with us. (f) 'Line of Credit" means the self-replenishing line of credit we make available to your Account. (g) "Advance" means any credit extended on your Account for any purchases or Cash Advances. (h) 'Cash Advance" means (i) any cash or credit extended on your Account by us or by any other institution that accepts a Card, (ii) any withdrawal of cash made by using a Card and personal identification number ('PIN") at an automated teller machine ("ATM') or other type of electronic terminal that provides access to the Visa system, (iii) the amount of any Visa Convenience Check paid by us, or (iv) the amount of any balances transferred to your Account from another credit card or account. (i) "Visa Convenience Check" means any check that directly accesses your Account. The amount of any Visa Convenience Check paid by us is posted as a Cash Advance under your Account. 2. Now To Use This Account. Your Account may be used to purchase or lease goods and services ("purchases') from a merchant by presenting a Card and signing a sales transaction receipt for the amount of the purchase or by giving a Card Account number. Your Account may also be used to obtain Cash Advances: (a) By receiving cash or credit from financial institutions that accept a VISA Credit Card; (b) By use of Visa Convenience Checks; (c) By making cash withdrawals with a Card at an ATM or other type of electronic terminal that provides access to the Visa system; or (d) By transferring to your Account a balance from another credit card or account. 3. ResponsibilityYou agree to pay all Advances, finance charges and other fees or charges charged to your Account arising from the use of a Card, a Visa Convenience Check or the Account by you or anyone you authorize or permit to use your Account, a Visa Convenience Check or a Card, even if you do not notify us that others are using your Account, a Visa Convenience Check or a Card. Your responsibility for charges ride by anyone you authorize or permit to use your Account, a Visa Convenience Check or a Card continues until you notify us in writing at 5000 Louise Drive, P. 0. Box 40, Mechanicsburg, PA 17055, and recover and destroy arty Visa Convenience Check or Card in such person's possession. Your obligation to day the Account balance continues regardless of the terms of any agreement, divorce decree, or other court judgment to which we are not a party. If more than one person signs the application for the Account, you are each jointly and severally responsible for all c rges on the Account. 4. Liability for Unauthorized Use. You understand that your total liability to us shall not exceed Fifty Dollars (S50) resulting from the loss, theft or other unauthorized use of a Card that occurs prior to the time you give notice to us. Such limitation does not apply when a Visa Convenience Check is used. 5. Lost Card Notification. If you believe a Card or any Visa Convenience Check has been lost or stolen, you must immediately call us at (717) 795-6032 or 1(800)-283-2328 during normal business hours. After business hours (nights and weekends) of on hol- idays, lost or stolen Cards or VISA Convenience Checks must be reported by calling 1(800}325-3678. 5. Credh Line. If we approve your application, we will establish a line of Credit for you and notify you of its amount when we issue a Card. This amount is your credit limit for the Account. You agree not to let the Account balance exceed this approved credit limit. Each paynkent you make on the Accord will restore your credit limit by the amount of the payment that is applied to the principal balance owed on the Account. You may request an increase in your credit limiL which must be approved by us. We may reduce your credit limit or terminate this Agmernent for any reasons not prohibited by applicable law, with only such notice as is required by applicable law. You may also terminate this Agreement at any time, but termination toy either of us dues not affect your obligation to pay the Account balance. To terminate this Agreement, you must notit us in writing at 5000 Louise Drive, P. 0. Box 40, Mechanicsburg, PA 17055, and recover and surrender to us all Cards, and any issued but unused Visa Convenience Checks. They remain our property. 7. Credit Information. You authorize us to investigate your credit standing when opening, renewing or reviewing your Account, and you authorize us to disclose information regarding your Account to credit bureaus and other creditors who inquire of us about your credit standing. 8. Payments. We will mail you a billing statement every month showing your Previous Balance comprised of purchases and Cash Advances, the current transactions on your Account, your credit limit, Its available aredlt, the New Balance, the Finance Charges for the billing cycle, and the Minimum Payment required. Each month you must pay at least the Minimum Payment shown on your statement by the Payment Due Data shown on the stblarrrent or no later than 25 days from the statement Closing Date, whichever is later. If your statement says your payment its "Now Due," your payment is due no later than 25 days from the statement Closing Date. You may pay more frequently, pay more than the Minimum Payment or pay the New Balance in full. If you make extra or larger payments, you are still required to make at least the Minimum Payment each month your Account has a balance (other than a credit balance). The Minimum Payment will be either a) Two percent (2%) of your New Balance or $20, whichever is greater, plus any portion of the Minimum Payment shown on prior statement(s) which remains unpaid, or b) your New Balance, if it is less than Twenty Dollars (120). We also have the right to demand immediate payment of any amount by which your New Balance is over your credit limit. We will apply your payments first to any fees, then to Finance Charges on both Cash Advances and purchases, then to previously billed Cash Advances, diet to previously billed purchases, then to raw Cash Advances and then to new purchases. We may accept checks marked "payment in full" or with words of similar effect without losing any of our rights to collect the full balance of your Account. 9. Finance Charge. A. The current monthly Periodic Rate and corresponding Annual Percentage Rate are set forth on the "Additional Disclosure' which is send to you together with this Agreement. B. Variable Ram: The Annual Percentage Rate will be determined by adding the margin to the index value. The Annual Percentage Rate an change on the first afar day of the first billing cycle in each calendar quarter. The margin for Visa Platinum is 5.00% for both purchases and Cash Advances. The margin for Visa Gold is 5.00% for both purchases and Cash Advances. The margin for Visa Classic is 5.50% for both pkschasm and Cash Advances. The margin for Visa Classic Rate Shaver is 2.00% for both purchases and Cash Advances, subject to a minimum Annual Percentage Rate of 9.9% for the Visa Classic Rate Shaver program. The index is the highest Prime Rate published in the money rates Won of the Wall Street Journal. The index will be measured as of the last business day of the immediately preceding calendar quarter. Any increase in the Annual Percentage Rate may cause the amount of the minimum monthly payment to increase. Also, you may have to pay more payments. The Animal Percentage Rata will never exceed 21% or the maximum allowed by law, whichever is less. The monthly Periodic Rate is equal to one-Metlgl (1/12) of the Annual Percentage Rata. C. Method A - Average Daily Balance (mcmding New Cash Advances): A Finance Charge will be imposed on Cash Advances from the date made or from the first day of the billing cycle In which the Cash Advance is posted to your Account, whichever is letter, and will continue to accrue until the date of payment. The Finance Charge on Cash Advances for a billing cycle is computed by applying the monthly Periodic Rate to the average daily balance of Cash Advances, which is determined by dividing the sum of the daily balances during the billing cycle by the number of days in the cycle. Each daily balance is determined by taking the beginning balance of Cash Advances on your Account each day, adding any new Cash Advances, and subtracting any payments or credits that are applied to Cash Advances but excluding arty unpaid Finance Charges. 0. Math016 • Avenge Dally Balance (including New Credit Purchases): A Finance Charge will be imposed on purchases only if you elect not to pay the entire New Balance sham on your monthly billing statement for the previous billing cycle on or before the Payment Due Date of that statement If you elect not to pay the entire New Balance shown on your previous monthly billing statement by the Payment Dix; Date, a Finance Charge will be imposed on the unpaid average daily balance of purchases from the previous statement Closing Date and on new purchases from the date of posting to your Account during the current billing cycle, and will continue to accrue until the Closing Date of the billing cycle preceding the dale on which the entire New Balance is paid in full or until the date of payment if later than the Payment Due Date. The Finance Charge on purchases for a billing cycle is computed by applying the monthly Periodic Rate to the average daily balance of purchases, which is determined by dividing the swn of the daily balances during the billing cycle by the number of days in the cycle. Each daily balance is determined by taking the beginning balance of purchases on your Account each day, adding any new purchases, and subtracting any payments or credits that are applied to purchases, but excluding arty unpaid Finance Charges. 10. Defaufi. You will be in default if you fail to make any minimum payment or other required payment by the date that it is due. You will be in default if you break any promise you make under this Agmwwt. You will be in default if you die, file for bankruptcy, or become insolvent, that is, unable to pay your obligations when they become due. You will be in default if you make any false or misleading statements in any credit application or update of credit information. You will also be in default if something happens which we believe may substantially reduce your ability to repay what you owe. When you are in default we can demand immediate payment of the entire amount you owe under this Agreanent without giving you advance notice. If immediate payment is demanded, you will continue to pay interest, at the applicable interest rates in effect under this Agreement, until what you on has been repaid. If demand for immediate payment has been made, the shares and deposits given as security for payment under this Agreement can be applied towards what you owe. We can also take appropriate action as authorized under the Uniform Commercial Code to repossess any and all collateral pledged to secure repayment under this Agreement. To the extent permitted by applicable law, you will also be required to pay our collection Moses, including court costs and reasonable attorneys' fees. We can also exercise any other rights given to us by law when you are in default. 11. Using the Card. You may use a Card, Card Account number and/or PIN to make transactions on your Account. You will retain the copies of the transaction receipts furnished to you in order to verify your monthly billing statement. You agree that you will not use or permit anyone to use a Card or your Account for any transaction that is illegal under applicable federal, state or local law. You agree that illegal use of any financial service will be deemed an action at default ad/or breach of contact and such a service and/or other related services may be terminated at our discretion. You turther agree, should illegal use occur, to waive any right to sue us for such illegal use or any activity directly or indirectly related to it. Addtiomlly, you agree to indemnity and hold us harm- less from any suits or other legal action or liability, directly or indirectly, resulting from such illegal use. We reserve the right to decline any transactions ttat we consider fraudulent, suspicious, or illegal and you further understand that we will not knowingly autho- rize charges related to online gambling. Print Date 3/05 CON77NUED ON REVERSE Exhibit "A" 12. 'Returns and Adjustments. Merchants and others who honor a Card may give credit or returns or adjustments, and they will do so by sending us a credit transaction receipt , which we will post to your Account. If your credits and payments exceed what you owe us, we will hold and apply this credit balance toward future purchases and Cash Advances, or if it is one dollar or more, refund it on your written request or automatically after six months. 13. Using Yip Convenience Checks. You may use your Visa Convenience Checks, if available, as you would use a Card to make a purchase or payment or to receive cash. Your Visa Convenience Checks directly access your Account. All Visa Convenience Checks paid by us are treated as Cash Advances hereunder and, except as otherwise indicated, are subject to all terms of this Agreement pertaining to Cash Advances and to the following additional terms: A. No Visa Convenience Check may be used to make a payment on your Account. B. Only the person whose name appears on a Visa Convenience Check may use them. C. Visa Convenience Checks must be written in U.S. Dollars. Visa Convenience Checks may not be certified. D. We may return a Visa Convenience Check unpaid if there is not enough available credit on your Account to pay it, if your Account is in default, or if a Card or any Visa Convenience Checks have been reported lost or stolen. A $10 tee will be charged for each returned Visa Convenience Check. 14. Foreign Tramechons. Purchases and Cash Advances made in foreign countries and foreign currencies will be billed in U.S. Dollars. Effective April 2, 2665, the exchange rate for transactions in a foreign caarency will be a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or the government mandated rate in effect for the applicable central processing date, increased by one-percent. On foreign transactions you agree to pay all currency exchange charges. 15. Mereha t Dil atp. We are not responsible for the refusal of any merchant or financial institution to honor a Card or Visa Convenience Check. 16. Security Interest. To secure your Account, you grant us a purchase money security interest under the Uniform Commercial Code in any goods you purchase using the Account. If you default, we will have the right to recover any of these goods which have not been paid for through our application of your payments in the manner described in paragraph 8. 17. Fees >iad dii r Charges. The following fees and other charges will be added to your Account, as applicable: A. Annual Fee Visa Platinum .............. None Visa Gold .................. None Visa Classic ................ None Visa Classic Bate Shaver...... None B. Lab Payment Charges. If you fail to pay the minimum payment on your Account within five (5) days of the Payment Due Date, a late payment charge of 0 will be added to your Account. C. Over-LImB Charge. If your Account balance exceeds your credit limit at any time during the statement period, an over-limit charge of $15 will be added to your Account. 0. RNUraed Chat Fee. If a check or share drat used to make a payment on your Account is returned unpaid because of insufficient funds or for any other reason, you will be charged a fee of $10 for each item returned. E. Rebraed Shhmad Fee. You will be charged $1 for each monthly billing statement that is returned. F. Coplp of Via Trapeplon Receipts pd Stshan . You will be charged $3 for each copy you request of a receipt for any purchase, credit or Cash Advance or of a monthly billing statement (except in connection with de resolution of a billing error.) 1B. Skip Peymenl Option. We may allow you, from time to time, to omit a monthly payment. We will notiy you as to any month in which the option is available. If you omit a payment, Finance Charges will accrue on your balance in accordance with this Agreement. A skip payment does not extend the period within which you must pay the New Balance in order to completely avoid Finance Charges on purchases. A minimum payment will be due in the month following the morph in which you skip your payment. 19. EReetWe Agreement. This Agreement is a contract which applies to all transactions on your Account, even though the receipts you sign or receive for purchases, credits, Cash Advances or other transactions may contain different terms. 44e may amend this Agreement from time to time by sending you written notice. If required by applicable law, we will give you written notice before the effective date of the amendment. To the extent applicable law permits, and as we indicate in our notice to you, amendments will apply to your existing Account balance as well as to future transactions. This Agreement shall be construed in accordance with the applicable laws of the Commonwealth of Pennsylvania and applicable federal laws. YOUR BILLING RIGHTS - KEEP THIS FOR YOUR RECORDS This notice contains important information about your rights and our responsibilities under the fair Credit Billing Ad. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR MONTHLY BILLING STATEMENT. it you think your monthly billing statement is wrong, or If you reed more information about a transaction on your statenem, write us on a separate shoo of paper at the address listed on your statement. Write to us as soon as possible. We must hear from you no later (hart 60 days after we send you the first statement on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: • Your nacre and Account number • The dollar amount of the suspected error. Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the hem you are not sure about. If you have authorized us to pay your monthly billing statement automatically from your Savings or Checking Account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three (3) business days before the auto- matic payment is scheduled to occur. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE. We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the slntenahht was correct. After we receive your latter, we cannot try to collect any amount you question, or report you as delinquent. We an continue to send statements to you tar the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your statement that are not in question. If we find go we made a mistake on your statement, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the ques- tioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must all anyone we report you to that you have a ques- tion about your statement. And, we must tell you the name of anyone we reported you to. We must all anyone we repot you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first SW of the questioned amount, even if your statement was correct. SPECIAL RULE FOR CREDIT CARD PURCHASES. If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (a) you must have made the purctase in your hone sate or, it not within your home sate, within 100 miles of your current mailing address; and (b) the purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. KARL M. LEDEBOHM ATTORNEY-AT LAW P.O. BOX 173 New Cumberland, PA 17070-0173 Phone: 717-938-6929 Fax: 717-932-0317 Of Counsel: Richard P. Mislitsky, Esq.* January 28, 2009 (Via Certified and regular mail) Linda K. Miller 1531 Cranes Gap Road Carlisle, PA 17013 RE: Members 1" Visa Account No.: 4287590000492708 Dear Ms. Miller: 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 1St under the above account. As you know, you are in default of your obligations under the above Members 1st Visa Account (the "Account") due to your failure to make the payments required under the Account in a timely manner. The last payment on the Account was received by Members 1St on or about August 19, 2008. As a result of your defaults, Members 1St hereby accelerates all amounts due to Members 1St under the Account and hereby demands the payment of all amounts due to Members 1St under the Account in the amount of $41,017.03 itemized as follows: 1. Principal $38,998.23 2. Unpaid Finance Charge 1,625.80 3. Unpaid other fees 225.00 4. Legal Fees 168.00 5. Total due to Member 1St as of 1/28/09 $41,017.03 If you fail to deliver to my office at the address set forth above payment of the $41,017.03 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 without further notice. In such event, in addition to the above amounts, you may *Also practices independently as Richa Exhibit "B" also be responsible for the payment of additional reasonable legal fees and costs of suit incurred by Members I". Nothing herein shall constitute or be construed as an agreement on behalf of Members 1 s` 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 I". 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 1 st to postpone or extend the maturity date of the obligation. Members 1St looks forward to the payment of the $41,017.03 on or before February 27, 2009. Very t7A) Y , I . IM. c i CC: David Thomas, Collections Officer KML:11 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. M 0 IF`CIAL. USE ru Postage s tjVRADtgiq cenlned Fee ? yv P O Return Ret etpt Fes •, O (Endorsement RegWred) _vW7 O RestrlOted DelWSry Fee C (Endorsement Required) ' U') a Total Postage & Fees O cc nt o ??. ..... ...... r Q.._ K.... ML r, or PO Box ---(aqp - ---- --- .--- - =------------- Ls c ? u?3 MEMBERS ! 6r FEDERATE : IN TTY COURT OF COMMON FLEAS CREDIT UNION : CUMBERLAND COUNTY : PENNSYLVAN A PLAJ NTIFF Vs. NO.: LENDA K. hfU LBR DEFENDANT. : CML ACTION-LAw VE MCA.TION I, David Thomas, Collections Officer for M=bcros V* Federal Credit Union, being authorized to do so on behalf of Members 1 a Federi Credit union, hereby verw that the statements made in the fwgoimg pleading are true sad correct to the beat of my mforsim ion knowiedge and belief. I =xImstand that t seta are made s*cd to the penalties of 18 Pa. C.S.A. Section 4904, relating to mewoma &Wfiadon to authorities. Members T't Federal Credit Umon David Thomas, Colkcdm Officer 5 .? ? L a rn Sheriffs Office of Cumberland County R Thomas Kline N'tv of Cu"ibttr Edward L Schorpp Sheriff Solicitor Ronny R Anderson `` Jody S Smith Chief Deputy OFFICE OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/12/2009 04:30 PM - William Cline Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2009 at 1630 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Linda K. Miller by making known unto Linda K. Miller personally, at 1531 Craines Gap Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $32.50 (PAID) SO ANSWER March 13, 2009 R THOMAS KLINE, SHERIFF eputy Sheriff Docket No. 2009-1460 Members 1st FCU v Linda K. Miller t ? na y. 'J rn m --<