Loading...
HomeMy WebLinkAbout09-6440 AMERICHOICE FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. :2009- to440 CIVIL TERM LISA L. LEWIS, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth 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 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. Court Administrator Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 JO A J. KOP KY, SQU Supreme Court ID #53147 120 South Street 0 Harrisburg, PA 17101 (717)221-1111 Attorney for Plaintiff AMERICHOICE FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. :2009- G Y4 d CIVIL TERM LISA L. LEWIS, Defendant 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 Lisa L. Lewis, an adult individual residing at 6185 Haymarket Way, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about October 7, 2008, the Defendant entered into a Loan Agreement with the Plaintiff for the amount of $23,869.74, whereby she was to pay monthly payments beginning on November 14, 2008 in the amount of $282.03; a copy of the Note and Disclosure Statement is attached hereto and made a part hereof marked as Exhibit "A." 4. Pursuant to the Note, Defendant gave Plaintiff a security interest in a 2002 Mercury Mountaineer, VIN# 4M2DU86W72UJ3164. 0 5. Defendant defaulted under the terms of the Agreement with the Plaintiff by failing to pay the required monthly payments of $282.03, and subsequently the vehicle was repossessed and sold. 6. The Plaintiff suffered a loss on the resale of the vehicle, leaving a deficiency balance of $21,142.29, detailed as follows: a. Principle owed as of May 15, 2009: $23,597.47 b. Interest to 5/15/09 898.47 c. Penn DOT Title Work 35.50 d. Repairs 5.00 Total Owed 24,536.44 Less Proceeds from sale; 3,300.00 Funds in shares applied to loan 94.15 Total Balance Owed: $21,142.29 7. In addition, pursuant to the terms and conditions of the Agreement, Defendant is to pay all costs of collecting the amount owed under the Agreement, including reasonable attorney fees. WHEREFORE, Plaintiff demands judgment in favor of the Plaintiff and against the Defendant in the amount of $21,142.29, plus interest, all attorney fees, and the costs of this suit.. Respectfully submitted, Jo . Kopec, Esquire / Su e Court ID #53147 300 North Second Street, 8`h Floor Harrisburg, PA 17101 (717) 221-1111 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND :SS 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 unswom falsification to authorities. ?4 DATED: 7 James la er, Plaintiff 08,/06/2009 -NU 8:53 FAX 5919695 0001/001 ng Green Drive KPO AmOiCholice Mechankm burg, PA 1 050 FE'DE*RA1. CREDIT UNION 717-697-3474 Building Relationships For Life SM240-4364 Nom NWJ" i YSM NOTE AND DISCLOSURE STATEMENT BORROWER NAME: (Lest . First - Middle Initial) AND ADDRESS (Street - City - Ststs • Zip C.odei DATE ACCOUNT NUMBM NOTE NUMBIER LEWIS, LISA L 40 N MIDDLESEX RD CARLISLE, PA 17013 10/07/08 35048-53 ?- -:50)ct CONTRACT NUMBER REFERENCE NUMBER MATURITY DATE 037-1848-3 10/25/13 In this agreement "you", "your", or "I" mean each person who signs this agreement. The credit union whose name appears above and anyone who takes this Note by transfer and is entitled to receive payments under this Note will be called the "Note Holder." The terms on page 2 are part of this agreement. *k66l lWLEND1lfi11t3 ?C1i $t7 :` 'ANNUAL CEFITAGE'FtATE r. FIM NfrE G ;. Amount Financed Total of Payments Proppymerrt. if you pay off The cost of your credit as a yearly rate. The dollar amount the credit The amount of credit The amount you will have early you will not have to pay will cost you. provided to you or on your paid when you have made all a penalty. behalf. payments as scheduled. % $ ? 4 e means an estimate 18.000 12,793.94. 23,869.74 36,663.68 Number o yments m ount o Payments Men avmeM Are • wtv su re You Maw obtain nrnnaMv Your Payment 129 $ . 282.03 Schedule $ will be: 1 281.81 BEGINNING 11/14/08, BIWEEKLY THEREAFTER FINAL PAYMENT ON 10/25/13 insurance from anyone you want that is acceptable to the credit union. If you get the insurance from the credit union you will pay $ Security: You are giving a security interest in your real estate. You are giving a security interest in your shares and/or deposits in the credit union; and the goods/property being purchased; Other (Describe) 2002 MERCURY, - VIN#4M2DU86W72UJ31464 40 N MIDDLESEX ED Late Charge: If any portion of yor payment is more than 15 days late, you will incur a $15.00 late fee. Itemization of the Amount Financed: You have the right to receive at this time an Itemization of the Filing Fees Amount Financed. 9You want an Itemization. You do not want an Itemization. $ See your contract documents toy any additional information about nonpayment, default, and any regal repayment before the scheduled date. -4, 0 0 C:UNA MUTUAL INSURANCE SOCIETY, 1981, ALL RIGHTS RESERVED LJ (W l rJ `-T `a PRODUCTION WITHOUT WRITTEN PERMISSION OF CUNA MUTUAL INSURANCE SOCIETY IS FORBIDDEN BY LAW EPA684 (LASER) 8849LL 08/06/200P TIR.* 8:54 FAX 5919695 AMERICHOICE FEDERAL CREDIT UNION LEWIS, LISA'L [A 001/001 NOTE - oate 10-07-08 PROPERTY ADDRESS. CITY STATE ZIP CODE 40 N MIDDLESEX RD CARLISLE, PA 17013 1. BORROWER'S PROMISE TO PAY -- In returri for a loan that . I have received, 1 promise to pay U.S. $ 23, 869.'74 (this amount will be called "principal"), plus interest, to the order of the Lender. The Lender is I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder." 2. INTEREST -- I will pay interest at a yearly rate of 18. 000%. Interest will be charged on that part of principal which has not been paid. Interest will be charged beginning on the date of this Note and continuing until the full amount of principal has been paid. 3. PAYMENTS -- I will pay principal and interest by making payments each month of U.S. $ 282.03 . I will make my payments on thell.4thday of each month beginning on 11-14 -091 will make these payments every month until I have paid all of the principal and interest and any other charges, described below, that I may owe under this Note. If, on , I still owe amounts under this Note, ( will pay all those amounts, in full, on that date. I will make my monthly payments at 20 SPORTING GREEN DRIVE MECHANICSBURG, PA 17050 or at a different place if required by the Note Holder. 4. BORROWER'S FAILURE TO PAY AS REQUIRED -- (A) Late Charge for Overdue Payments: If any portion of your payment is more than 15 days late, you will incur a $15.00 late fee. (B) Default: If I do not pay the full amount of each monthly payment by the date stated in Section 3 above, I will be in default. Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described below, the Note Holder will still have the right to do so if I am in default at a later time. .(C) Notice From Note Holder: If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that i owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or, if it is not mailed, 30 days after the date on which it is delivered to me. (D) Payment of Note Holder's Costs and Expenses: If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back for all of its costs and expenses to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorney's fees. S. THIS NOTE SECURED BY A MORTGAGE OR DEED OF TRUST -- In addition to the protections given to the Note Holder under this Note, a Mortgage or Deed of Trust, dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Mortgage or Deed of Trust de how and under what conditions I may be required to make media a paymenyif full of all wuntg.4hat I owe under this Note. S. BORROWER'S PAYMENTS BEFORE THEY ARE DUE -- I have the right to make payments of principal at any time before they are due. A payment of principal only Is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in a letter that I am doing so. A prepayment of all the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal Is known as a "partial prepayment." I may make a full prepayment or a partial prepayment without paying any penalty. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no delays in the due dates or changes in the amounts of my monthly payments unless the Note Holder agrees in writing to those delays or changes. I may make a full prepayment at any time. If I choose to make a partial prepayment, the Note Holder may require me to make the prepayment on the same day that one of my monthly payments is due. The Note Holder may also require that the amount of my partial prepayment be equal to the amount of principal that would have been part of my next one or more monthly payments. 7. BORROWER'S WAIVERS -- I waive my rights to require the Note Holder to do certain. things. Those things are: (A) to demand payment of amounts due (known as "presentment"); (B) to give notice that amounts due have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of nonpayment (known as a "protest"). Anyone else who agrees to keep the promises made in this Note, or who agrees to make payments to the Note Folder If I fail to keep my promises made under this Note, or who signs this Note to transfer it to someone also also waives these rights. These persons are known as "guarantors, sureties and endorsers." S. GIVING OF NOTICES.-- Any notice that must be given to me under this Note will be given by delivering it or by mailing it by certified mail addressed to me at the Property Address above. A notice will be delivered or mailed to me at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by certified mail to the Note Holder at the address stated in Section 3 above. A notice will be mailed to the Note Holder at a different address if I am given a notice of that different address. 8. RESPONSIBILITY OF PERSONS UNDER THIS NOTE - If more than one person signs this Note, each of us is fully and personally obligated to pay the full amourrt owed and to keep all of the promises made in this Note. Any guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. Any person who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations of a guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to keep all of the promises made in this Note. Borrower ? V Borrower EPA554 (LASH 8MLL 0 FILEU OF THE FF 2009 SEE 25 Ali l I: 19 ??8.so QA ATM ok,* 18515 e (2sl 038 Sheriffs Office of Cumberland County R Thomas Kline C RLE A Sheriff „F T?? nr ,; T , ??y?tr of ?`tunbcrf?? Ronny R Anderson ? 2009 ec T 15 4 Chief Deputy,_ ?' 2 Jody S Smith C, Civil Process Sergeant oMcs °wERIF Edward L Schorpp Solicitor AmeriChoice Federal Credit Union I Case Number vs. Lisa L. Lewis 2009-6440 SHERIFF'S RETURN OF SERVICE 10/14/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Lisa L. Lewis, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Lisa L. Lewis. The Mechanicsburg Postmaster has advised the defendant has moved and left no forwarding address. An exact address is not available. SHERIFF COST: $42.44 SO ANSWERS, October 14, 2009 R THOMAS KLINE, SHERIFF AMERICHOICE FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION5 PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. LISA L. LEWIS, Defendant : 2009- 6440 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Kindly reinstate the Complaint filed to the above-captioned matter. Respectfully submitted, Date: / 0 /G - 0 9 Jo op , Esquir Supreme Co urf ID #53147 The Shagin Law Group LLC 120 South Street Harrisburg, PA 17101 717-221-1111 FILED-;>o E OF THE P????-' ')NARY 2009 OCT 21 PM : C 1 f? I ? y ?1 ?? k 1 1 9t *40. ©c po ATM ?? a34 Sheriffs Office of Cumberland County R Thomas Kline FILED-0r 'r=1u'rL Sheriff .r TF! P" I Shera ''-)NOTN:RY Ronny R Anderson Chief Deputy ????T n? ?J3 Jody S Smith , Civil Process Sergeant ?? v '?,A 1Y Edward L Schorpp Solicitor AmeriChoice Federal Credit Union Case Number vs. Lisa L. Lewis 2009-6440 SHERIFF'S RETURN OF SERVICE 10/29/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Lisa L. Lewis, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Lisa L. Lewis. The Enola Postmaster has advised there is no record of this defendant. An exact address is not available. SHERIFF COST: $46.94 SO ANSWERS, October 29, 2009 R THOMAS KLINE, SHERIFF R Thomas Kline Sheriff Ronny R Anderson Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILM-OFF-IrCE OF THE PPOTI -.tr OTAAY Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ?pvt??tp of ?t;tn6rra?i+4 2009 NOY 19 PM 12: 5 7 cumKf t ?/?>J ' rrUi?#fY OFFICF JFS-ERIFF PEWSYLVANIA AmeriChoice Federal Credit Union vs. Lisa L. Lewis Case Number 2009-6440 SHERIFF'S RETURN OF SERVICE 11/16/2009 04:45 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 16, 2009 at 1645 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lisa L. Lewis, by making known unto Tom Lewis, adult of defendant at 33 Fargreen Road Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.94 November 17, 2009 SO ANSWERS, 4e*40 R THOMAS KLINE, SHERIFF puty Sheriff ;cj CountySu'.te Sheriff. Telensoft. Inc.