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HomeMy WebLinkAbout09-7327The Martin Law Firm, P.C. Jason B. Martin, Esquire Attorney ID 82767 725 Skippack Pike, Suite 337 Blue Bell, PA 19422 215-646-3980 Fax: 215-646-3987 Attorney for Plaintiff FIRST HORIZON HOME LOAN CORPORATION 6522 Chapman Highway Knoxville, TN 37920 Plaintiff, VS. DONALD EZBIANSKY EZBIANSKY (H/W) 20 Colgate Drive Camp Hill, PA 17011 AND SHERYL Defendants COURT OF COMMON PLEAS COUNTY OF CUMBERLAND DOCKET NO.: Oq - '73x1 CIVIL ACTION: LAW NOTICE l.? ;? ? lT?.rrn 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 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, 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 Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 THE MARTIN LAW FIRM, P.C. By: ?---3 Jason B. Martin, Es uire The Martin Law Firm, P.C. Jason B. Martin, Esquire Attorney ID 82767 725 Skippack Pike, Suite 337 Blue Bell, PA 19422 215-646-3980 Fax: 215-646-3987 Attorney for Plaintiff FIRST HORIZON HOME LOAN CORPORATION 6522 Chapman Highway Knoxville, TN 37920 Plaintiff, COURT OF COMMON PLEAS COUNTY OF CUMBERLAND DOCKET NO.: © 9 - 73 2 7 6z;n- -7-i- ?-- CIVIL ACTION: LAW VS. DONALD EZBIANSKY AND SHERYL EZBIANSKY (H/W) 20 Colgate Drive Camp Hill, PA 17011 Defendants CIVIL ACTION - COMPLAINT Plaintiff, First Horizon Home Loan Corporation, by its attorney, Jason B. Martin, Esquire hereby avers as follows: 1. Plaintiff is First Horizon Home Loan Corporation, (hereinafter "First Horizon" or "Plaintiff') a corporation organized and existing under the laws of the United States with a principal place of business at 6522 Chapman Highway, Knoxville, TN 37920. 2. Defendants Donald Ezbiansky and Sheryl Ezbiansky are husband and wife adult individuals who, upon information and belief, reside at 20 Colgate Drive, Camp Hill, Pennsylvania, Cumberland County, 17011. 3. Venue in this Court is proper in that the defendants reside in Cumberland County. 4. Defendants borrowed $17,100.00 from Plaintiff. 5. The terms of the loan are evidenced by a Credit Agreement ("Agreement"). The Agreement is attached hereto as Exhibit "A" and incorporated herein. 6. Defendants agreed to pay interest on the loan at the yearly rate of 6.00%. 7. Defendants agreed to pay back principal and interest by making monthly payments. 8. Defendants are in default for their failure to meet the payment obligation. 9. Since Defendants are in default and pursuant to the Agreement, Plaintiff may require Defendants to pay immediately the full amount of principal; which has not been paid, plus interest, costs and reasonable attorney fees. 10. As of March 10, 2009, the total principal due under the loan was $17,874.68 plus interest in the amount of $876.59 for a total of $18,751.27. 11. From March 10, 2009 until September 28, 2009, interest has accrued in the amount of $625.73. 12. Currently, attorney fees total $1,000.00. 13. At all relevant times, Plaintiff fulfilled its obligations under the Agreement. COUNTI BREACH OF CONTRACT 14. Plaintiff repeats and re-alleges each and every allegation set forth in this Complaint. 15. At all material times, a valid and enforceable contract existed between the Plaintiff and the Defendants, which was supported by good and valuable consideration, and the Plaintiff is not in material breach thereof. 16. Defendants' failure to pay Plaintiff as described above constitutes a breach of actual or implied contract under Pennsylvania law. 17. Defendants' actions described above have at all times relevant to this action been willful and/or knowing. 18. As a direct and proximate result of Defendants' actions alleged above, Plaintiff has been irreparably injured and has suffered monetary damages in the amount of $17,874.68, plus interest at the annual rate of 6.00% totaling $1,502.32, and attorney fees in the amount of $1,000.00. WHEREFORE, Plaintiff prays for a judgment against the Defendants in the amount of $20,727.00 plus interest at the rate of 6.00%, costs and reasonable attorney fees, and for such other and further relief as the Court deems just and appropriate. COUNT II UNJUST ENRICHMENT/OUANTUM MERUIT 19. Plaintiff repeats and re-alleges each and every allegation set forth in this Complaint. 20. By its actions described above, Plaintiff has conferred a measurable benefit upon the Defendants, and Defendants have been enriched to that extent. 21. Plaintiff took its actions, and conferred a benefit upon the Defendants, with the good faith and reasonable expectation that Defendants would pay the fair value of such benefit. 22. The fair value of the benefit conferred upon the Defendants by the Plaintiff's performance is $20,377.00, but the Defendants have failed and refused to pay such amount to the Plaintiff. 23. As a direct and proximate cause of Defendants' actions alleged above, Plaintiff has been irreparably injured and has suffered monetary damages in the amount of $20,377.00. WHEREFORE, Plaintiff prays for a judgment against the Defendants in the amount of $20,377.00, plus interest, costs and reasonable attorney fees, and for such other and further relief as the Court deems just and appropriate. THE MARTIN LAW FIRM, P.C. By: Jason B. Martin, Esq re Attorney for Plaintiff VERIFICATION I,UiVA9& (06&S'ZI'0- state that I am the ?C,2° ? /,lg of First Horizon Home Loan Corporation, the Plaintiff herein, that I am authorized to make this verification on its behalf and that the facts set forth in the foregoing Complaint are true upon my personal knowledge, information and belief. I understand that my statements are made subject to 18 Pa. Cons. Stat. Ann. § 4904 providing for criminal penalties for unsworn falsification Dated: f911110 5? V6rARy MU cbmivirssYck A. yV?, o?° STAFE tiN o TENNESiRY E NpTP k OJ? G A 0050027747 PENNSYLVANIA HOME EQUITY LINE OF CREDIT AGREMM4T AND DISCLOSURES UNDER THE FEDERAL TRUTH-IN-LENDING ACT THIS AGREEMENT COVERS OPEN-END LOANS PURSUANT TO THE PENNSYLVANIA SECONDARY MORTGAGE LOAN ACT. THIS AGREEMENT, entered on the 16th day of September, 2004 , (tic "Effective Date") is a binding contract between the parties signing below. The Agreement contains your promissory note and also disclosures required by the Federal Truth- In-Lending Act. Please road all of it and keep it with your permanent records. In this Agreement, the words we, us, our, and Lender mean FIRST HORIZON NONE 160" CORPORATION a KWS S corporation. The words you, your, and Borrower mean the Borrower or Borrowers who have signed this Agreement, jointly and severally. The words card or credit card mean VISA Card. Provisions relating to credit cards apply only if credit cards are issued on your Account. 1. Terra The "Tam" of this Agrcanamt commences; on the Effective Date and consists of two consecutive periods. the "Draw Period" and the "Repayment Period. " The length of each period shall be as designated in paragraph 11. The Draw Period begins an the Effective Date: the Repayment Period begins the day after the Draw Period ends. 2. Credit Line and Advsncer. Subject to the terms and conditions of this Agreement, which you promise to follow, we are committed during the Draw Period to make loans to you and allow you to write checks ("Check Advances'), make credit card purchases ("Credit Card AdvancW) and obtain cash advances ("Cash Advances"). (cumulatively referred to as "Advances"), and acc= the Bns of credit Account (your "Credit Line' or "Account") by debit card, check. wire transfer or telephone die total principal balance outstanding at any one time not ur exceed the sum stated in Paragraph 11, which is your "Credit Limit." Advances are obtained by acccuing your Credit Line through ons of time methods. For Credit Cud Advances, your merchant will prepare a sales draft or retail charge agroement. We may buy or accept assignments of time drafts and agreements, and we may mate Cash Advance; directly to you or permit you to obtain Cash Advances through Hooey felt or other auWmdcd teller machines approved by us. You promise that die total balance of Advances will not exceed your Credit Limit. If we approve or permit any transaction(s) in excess of your Credit Limit, you agree to pay such excess on demand. 3. No Advances During Repayment Period. You will not obtain Advances during the Repayment Period. We may dishonor any credit card transaction, cheek or other request for Advances protected to us after the Draw Period; however, we may honor such transaction[ in our discretion if they appear to us to have been made during the Draw Period. 4. Promise to Pay. You promise (Jointly and severally. if more than are Borrower has signed this Agreement) to pay to us or to our order die tend amount of all Advances, and all FINANCE CHARGES, has and other charges you owe, whether such Advances are trade to you or to anyone allowed to use your Account. Payment must be sent to us at the address included in your monthly billing statement. S. Prepayment. You can prepay your Advances in whole or in part at any time without penalty. 6. Bins. We will send you a billing statement ("Bill'each month that Advances tae posted to your Account. We will also do this if them is a balance dice to or if there is a credit balance due you of more than $1.00. Saks slips and checks arc retained by us. 7. Payaiats. You must make the minimum payment shown on your Bill ("Minimum Payment Due") within 30 days of the cycle closing date shown an your Bill. During the Draw Period, the Minimum Payment Due will be the sum of: (a) all FINANCE CHARGES, that have accruied since your neat Full: (b) the Annual Canmimrcat Pee. Overlimit Pec or any Lost Card Fee, Lac Fee or Returned Chock Pee. if atty. imposed during that month. and (c) all past due payments. Making only the Minimum Payment Due during the Draw Period wig not repay any of the principal. During the Repayment Period. the Minimum Payment Due will be the stem of (a) throng) (c) above. Plus an snout to be computed by adding your "average daily balance subject to FINANCE CHARGE" oa Credit Card Advances to that for Cash Advances and Check Advances and dividing the sum by the number of months remaining in the Repayment Period, unless die resulting amour is less than $50.00, in which case the Minimum Payment Due shall be fill paymat. Paymtnta are &*led in the order described in Paragraph 15. All your indebtedness milder this Agreement remaining at dw end of the Teem is immediately due and payable. 11. RINANCE CHARGE on Credit Card Advances. (a) If you pay your new balance in full within 30 days of the cycle closing date shown on your Bill we will not impose any FINANCE CHARGE On Credit Card Advances. (b) If you do mot pay your new balance in full within 30 days of the cycle closing deft, we will impose a FINANCE CHARGE on Credit Card Advances, determined by multiplying your "average daily balance subject to FINANCE CHARGE" on Credit Cud Advances by the periodic rate thug applies to Credit Card Advances. Tic result is your FINANCE CHARGE on Credit Card Advances for that period. (c) Your "average daily balance subject to FINANCE CHARGE" will be computed as follows. (1) subtract any unpaid FINANCE CHARGE on Credit Card Advances from the balance of your Credit Card Advances at the beginning of each new Wing cycle; (2) subtract Payment$ and credits an time day they are posted to your Account /torn the previous day's ending balance and add Credit Card Advances on the day they are posted to your Account to the previous day's ending balance. The result is your daily credit card balance subject to FINANCE CHARGE and (3) add chase daily balances and divide the total by the number of days in the billing cycle. The result is your "average daily balance object to FINANCE CHARGE" for Credit Card Advances. 9. MANCE CHARGES 0e Cash Advance; and Cheek Advance. (a) You are obligated to pay a FINANCE CHARGE an all Cash and Chock Advances from the day advanced to the day full paynhent is posted to your Account. (b) We will cow-pule your FINANCE CHARGE on Cash &W Check Advances in the following manna: (1) subtract any unpaid FINANCE CHARGE from the preview balance of your Cash and Check Advances at the beginning of each new billing cycle on these amounts: (-) subtract paymeota and credits from the previous day's ailing balance Std add new Cash and Check Advance to the previous day's ailing balance to dearmine the balarice of your Cash and Check Advances for each day of the monthly billing period The result is your daily balance subject to FINANCE CHARGE. (3) at the end of the billing cycle, add these daily balances and divide the total by the number of days in the billing cycle. 71e result is your "average daily balawe subject to FINANCE CHARGE for CIA and Check Advances:" and (4) Finally we multiply this avenge daily balance by the Periodic rate. The result is your FINANCE CHARGE on Cash and Chock Advances fimr the billing period. le. Rates. (a) Your ANNUAL PERCENTAGE RATE and monthly periodic rate will be variable interest rates which can change monthly. If a FINANCE CHARGE is imposed on your Account, an increase in your monthly periodic rue and corresponding ANNUAL PERCENTAGE RATE will me* in an increase in your FINANCE CHARGE and most likely an increase in your Minimum Paymam Due. Your ANNUAL PERCENTAGE RATE dots not include costs other than interest; it will never exceed the lesser of 21.00 R Per Armen or to maximum we are permitted to charge by law. (b) Your ANNUAL PERCENTAGE RATE for each monthly billing cycle will be a variable rate equal to.the prime Rue (defined bdowDnetminatioCn Date (defined below) plus the Rate Differential (Margin) specifled below. Both Prime Rue and Rate c??t? InumWs Initials initials initials PAMAGRE07.04 Page 1 of4 PH6Di79 0050027747 Differential are expressed u annual rates of interest. Your monthly periodic rate will be determined by dividing the ANNUAL PERCENTAGE RATE by twelve. "Prime Rate" means the rate published as the Prime Rate in the Money Rates section of The Wall &rret Jawred an the Determination Date. If Mom than one Prime Rate is published. the highest will apply. "Determination Date" meant the date on which your billing cycle closes (or the procedittg publication date if 71te Wall Stred Jorrad is not published on the date an which your billing cycle closes). The Priam Rate in effect on the Determination date will be effective from the first day of that same billing cycle. Your cu.. ANNUAL PERCENTAGE RATE is 5.500 %. • Your current monthly periodic rate is 0.458%. • YourRase Differential (Margie) is 1.000 %. These rates arc estimates based on the Prime Rate of 4.500% published in Taus Walt Shwa Journal on 8/31/2004 which may not be the Prime Rate published on the first Detemdration Date for your account. 11. Specific later tihs-n. Credit Lint S 17,100.00. Draw Period 5 Years, Repayment Period 15 Years. 12. rea stud Charges in consideeadon of your ability to obtain Advances under the Credit Lime established by this Agreement. and your continued participation in the plan, and our commitment to allow Advances under said Agreement, you agree to pay an Annual Fee of $ N A for each year during the Draw Period. The Initial Annual Pee will be added to your first Bill. Subsequent Annual Fees will be a?ded to your Bill on each anniversary of the date of this Agreement. If your Minimon Payment Due is not received within 13 days after the psynwnt dots shown on your Bill, we will charge your Account a Late Fee of 580.00 ar 10.00 % of the Minilmn Payment. wbideever is greater. However. you will not be required to pay a Late Fee more than once to the same late amount even if that amount remains past due for more than oat billing periad. You agree not to obtain Advances from the time a Late Fee is imposed until you bring your Account current by paying the delinquent Mimmi m Payment. A Returned Check Fee of $15.00 will be charged each dam a check you give m as payment on your Account is returned to us unpaid or is not honored by the drawee book. In Maryland, a Returned Check Fee will be assessed only if a check is not honored an second presentment. A Lost Card Fee of $10.00 will be charged each time a new Account number trust be assiped, and a credit card(s) or chocks reissued because they have been lost or stokes Furthermore. we also will impose an Early Termination Fes if you terminate your credit line within two years of opeaing union otherwise prohibited by law. On signing this Agreement, you also owe the following one-tiara fen and charges which will be added o your Bill as Advacces unless you pay those fees when you age that Agmernent. If you request copies of sales slips. checks. or other Account doatmmta. unrelated to a billing rights request. we may add the sum of $15.00 per research how and SI.OD per copy pap or a $10.00 minimum charge to your Bill. You acknowledge: all No and charges required by this Agreement, sec forth below and in any settlement statement (form HUD-I or HUD-IA) provided with this Agreement which contains the complete itemized list of settlement charges to be fair and reasonable. A tax service fee may be charged if this is a purchase money loan. Recording Fees NIA Recording Tax NIA Credit Report NIA Release Fen NIA Title Charges NIA Appraisal N/A Antral Fee N/A Attorney Fees N/A Other Other N/A TOTAL (One-time Fees and Charges) 13. Security. All Advances made up to the credit licit, FINANCE CHARGES, fees and other charges, and all collection expenses and expenses incurred to protect the value of the residential real property pledged as security for the debt ("Collateral"), are secured by a deed of trust, deed to secum debt or mortgage. (hereinafter referred to as "Collateral Documents") dated September 16th, 2004. on real mom: in the County/City of Cumberland , State of Panntrylvania (the description of such mad estate as contained in said Collateral Documents being incorporated herein by reference); other collateral or property securing other Advances with us tray also secue the indebtedness under this Agreement. 14. Recdpt of Copy. You acknowledge that you have mead. understood and received a copy of this Agreement. You understand that each Borrower who signs the Agreement will be fully responsible for payment of the total amount due. You alw acknowledge receipt at the time of yaw application of a Home Equity Disclosure SWomem for this Account and a separate Home Equity Brochure. 1S. How We Apply Vow Psysettls. We will apply your payments In this order: (a) FINANCE CHARGES, (b) Annual Fee, Late Pct, Overlimit Fee. Lust Card Fee or Returned Check Fee, if any, (c) unpaid amounts from prior Bills; (d) amount due on current Bill; and (e) Advances passed. but not yet billed. 16. Ingrance. You prormist to maintain insurance on Collateral, as ad forth in the Collateral Documents. You must purchase such insurance from a licensed inurer, if such a how= is required by applicable law, and furnish proof satisfactory to us of such insutamce. You may chaise tit insurance carrier providing the insurance subject to Lender's right to disapprove your choice, which right shall not be exercised unreasonably. 17. Acederaeion by Lnder. At our option, your entire indebtedness under this Agreement, together with FINANCE CHARGES and any other fees and charges you owe, will become immradiately due and payable. and our commitment to make further Advarsus will temtinaw. without notice or demand to you, if any of the following avetta occurs: (a) you fail to make any payment as required by this Agreement; (b) you commit or have commuted fraud. or if you make or have made a material misrepresentation. in any way connected with this Agreement; or (c) any action or inaction by you adversely affects the Collateral or any right or interest of ours in the ConsmaW, including No not limited to the sale, transfer, encumbrance or impairment of the Collateral, or the faihm to maintain satisfactory insurance. 18. Other Limk*Wm an Credit by Lender. We will null or deliver to you written notice of any action authorized by this paragralh, not later than 3 business days after such action. The mice will contain the specific reason(s) for such adios At our option, we may (a) reduce yaw Credit Limit (including to the extent permitted by law a reduction of the Credit Lint below the then existing level of indebtedness). (b) suspend or reduce our comurdtment to make Advances. or (c) take any or all such actions, for any period in which any of the condition stated below shell occur: (1) The value of the Collateral dedises such that the initial diKeremte between the Credit Limit and available equity (based on the Collateral's appraised value on application for the Credit Line) is reduced by 50% or more. or the value of the Collateral otherwise declines significantly (the value determined by an appraiser of our choice, if obtained, shall be conclusive); (2) We = nobly believe dun you will be unable to fulfill any of your payment obligation under this Agreement bemuse of a material change in your financial circumstances caused or evidenced by the following: death, physical or mental incapacity, loss of employment, significant reduction in income or net worth, insolvency, failure to pay other debts, the filing of a petition in bankruptcy by or against you, your representation that you will be unable o fulfill any payment obligation; (3) You are in default of a material obligation under this Agreement or the Collateral Documents. including. but not limited to r obligation o make required paymoses, to provide true and you complete fiaamclal information on request. to act so as not to adversely affect the Collateral or any right of ass in it, to occupy the Property as principal residence or to keep other material obligations and promises whether or not the breach of same might not be a basis for acceleration; (4) We are precluded by government sedan from imposing tie ANNUAL PERCENTAGE RATE provided for in this Agmemons; (5) Our rights in the Collateral are adversely affected by government action; (6) a ores fiord by a regulatory agency that continued extensions of credit constitute an wade and unsound practice; Initials initials Initials PAMACRE 07-04 Pose 2 of FHthDISO OOSOO27747 (7) The maximum ANNUAL PERCENTAGE RATE is reached, but such event shall nut in itself permit the reduction of the Credit Limit to a level below the outstanding balance of hdebledrieaa; and (8) Any Borrower requests a reduction of the Credit Limit or any limitation upon the right to obtain Advances. 19. Rdttkatement of Cr Mk. Upon the cessation of conditions giving rise to limitations on credit imposed under Paragraph 18, we will be obligated to reinstate your former Credit Limit or our commitment regarding Advances, only if all the following conditions arc met: (a) the priority of our security interest in the Collateral for further extensions of credit has not been lowered; (b) you initiate and submit an application in writing for mitsnmement; (c) you ftntish all relevant information we may request in connection with your application. and (d) you pay, to the extent permitted by applicable law, our reasonable costs of any appraisal or credit repot obtained to determine that the condition causing our action no longer exists. Furthermore, we are obligated to misstate your Credit Limit only if you will not acquire a right of rescission as a result. If limitations were imposed at your request, credit privileges need not be reinstated unless all Borrowers request reinstatement. 20. Temisation by Borrower. Any provision in this Agreanent to the contrary notwithstanding, any Borrower may terminate this Credit Line by (a) giving us written notice of termination. (b) destroying or returning to us all checks and other devices issued or used in connection with the Credit Line, and (c) paying the Account in fill. On and after tic date an which we receive (a). (b) and (c) above, we shall not be obligated to any Borrower to make further Advances. But if any Borrower obtains Advances after such daft, that Borrower and all other borrowers will remain jointly and severally liable for those transactions, including any FINANCE CHARGES that may accrus dm such Advances. 21. Payment of Property Twm If the real property seaming this Agreement is located in Maryland, you may, at your option. pay the recordation tax on your entire Credit Limit at closing, or you may pay the requited tax on the amount of each advance ai the time you obtain each advance. If you pay the recordation taxes on your entire Credit Limit at closing, your total tax liability will be satisfied, regardless of the atnrnunt of debt you may actually incur. If, instead, you elect to pay the required tax as you obtain Advances, you will have seven days after obtaining each Advance to file with the clerk of the court where our Deed of Trust is recorded a verified statement of the atnotrt of the additional debt incurred. You will be resporsibb for laying to the clerk the applicable recordation tax on that additional debt and any filing fee. if you fail to do so, you may be penalized as provided in Section 14-1012 of the Tax-Property Article of the Maryland Code. That section provides for penalties of a fine of up to SSW or up to six months imprisarmnet. 22. Financial Statements read Appraisals. If during the tcrm of this Agreement we elect to request a current personal financial statement. you agree to provide the requested information in a forth satisfactory to us within 10 days of such a request. You agree the we may have the collateral appraised at any reasonable time we choose during the term of this Agreement. 23. Collection Costa. If we employ an attorney to collect any amounts due under this Agreement or to protect the Collateral, you promise to pay all costs of litigation and collection. including all costs of repossessing and selling the Collateral. reasonable attorney's fees, a pemtfted by law. 21. Reto me and Refunds. Cash raftmds arc not allowed for the returned Credit Card Advances made on your credit card Account. Instead you will receive a credit to your account for the amount of the return after we receive the credit from the seller. This credit will be fined out by the sdler of the goods and services wbo will give you a copy. It is the seller's responsibility promptly to mail or deliver the credit to to so we can credit your account. We are not responsible for the seller's failure to nail or deliver the credit promptly. 25. Release; or Delays in lWaroenuent. If we choose, we tray, without notice, (a) delay enforcing any of or rights under this Agreement or under the Collateral Documents, (b) extend the time allowed fur making payments as many times as we choose. for any length of time, (c) waive or reduce any fees or charges and waive or reduce the interest rate or amount of the FINANCE CHARGE, (d) release all or any part of the Collateral, (e) aexspt imstrtunert; marked "paid In full" without discharging the maker or endorser beyond the amour of the instnuratt, (f) release any person who nay be liable for the indebtedness under this Agreement, or (g) permit substitution of Collateral. Our action or inaction will not release or discharge you or our lien on the Collateral except to the extent that any such written release given by us expressly so states. 26. Loaf or Stolen Cards. If your card is lost or stolen, you promise to notify VISA Traveler Service center at ones. In the Continental U.S.. call WO-VISA911, and outside the Continental U.S. call 800-947-2911. If no answer call collect 901-321-3169. 27. AS SIVANnt. We have the tight o "sign any amount you owe aid also assign and trander our rights under this Agrearient. Amendment. We reserve the night to cheap the terms of this Agreement. as pemuitted by law. including, but not inured to. changes in the index and Margin used to compute interest if the index described in Paragraph 10 of this Agreement is no longer available, dawn to which you agree in writing. changes which will benefit you, and insignificant changes. N. Notices. (a) Any notice ur demand from = about your Account will be mailed to you at your address appearing in our records. and say such notice will be effective when mailed. Notice to one Borrower will be notice to all. Any notice to us, other than to make payment or correct a billing error, must be mailed to P.O. Box 132, Memphis, TN 38101, and will be effective upon the expiration of one business day following receipt by us at that address. Payment and billing error addresses will be included in your Bill. (b) We are entitled to act upon any notice from any Borrower which does not conform to all of the requirements set forth in this Asnsener, but we are not obligated to act upon any notice which does not substantially conform to such requirements. If we act upon any mono forndms notice, we shall not therefore be liable to any Borrower. X fovaYttlty. If any portion of this ASmanamt is declared invalid or unenforceable, the remainder will not be affected and will remain in full force and effect. If a portion is unenforceable wrier a particular set of circumstances, it shall not be unenforceable under all circumstances, it being intended that the Agreempa be given its broadest possible affect. 31. Aplikable Law. This Agreement and all transactions under it will be governed by PENNSYLVANIA law (except when say Collateral Doc rnent states that the law of another state shall apply to flat collateral Document). However. if a law of the United States pemrtts the chaffing of a higher FINANCE CHARGE or other fee or charge than applicable state law permits, that federal law shall be applicable. 32. Tar limplieatlons. We have no responsibility for the tax effect of this Agreement or the impact upon your taxes of any payments made. You should consult a tax advisor regarding the deductibility of interest, fees and charges order this Agreement. 33. Eatlim Asnmaeot. This Ageemeat and the Collateral Document$ act forth the terns of the legal obligation between you and us. std represent the entire understanding between you and us concerning the subject muter of this Agmemcm. YOUR BILLING RIGHTS KEEP THIS NOTICE FOR FUTURE USE. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL This notice contains i information about your rights and our responsibilities under the Fair Credit Billing Act. ldtials Initials Initials PAIHAGRE 074M Page 3 of / 1711 181 0050077747 If you think your Bill is wrong, or if you need snore infomeation about a transaction on your Bill, write us on a separate sheet at the address shown im your Bill. Write to us u soon so possible. We must hear from you no later than 60 days after we am you the first Bill an 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 [came 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 rued more information, describe the item you are not sure about. If you have authorised us to pay your Bill automatically from you savings or checking AccomB, you can stop the payment on ally amount you think is wrong. To stop the payment, your letter must reach us 3 business days before the auxosntic 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 Bill was correct. After we receive your loner, we cannot try to collect any amour you question, or report you as delinquent. We can continue to bill you for the amount you question, inchidwS finance charges. and we can apply an unpaid amount against your Credit Limit. You do not have to pay any questioned amount while we we investigating, but you arc still obligated to pay the parts of your Bill that are not in question. If we find that we made a mistake on your Bill, you will not have to pay any finance charges related to any questioned amount. if we did not make a mistake, you may have to pay flpances charges and you will have to make up any missed payments on the questioned amount. In either can. 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 try report you as delinquent. However, if our explanation does not satisfy you and you write to us within rem days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your Bill. And, we must tell you the none of anyone we reported you to. We mum tell anyone we report you to that the minter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first $30.00 of the questioned amount, even if your Bill is 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 rettwining atnow due on the property or services. These are two limitations on this right: You must have made the purchase in your home state, or, if not within your harms state, within Ito miles of your cat rent mailing address: and (ii) The purchase price trust have been more than 530.00. Those limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. WITNESS our respective signatures on the Effective Date. Borrower's Signature DO J fiZfIANSR7 lIRST MORIEON NOW LOAN CORPORATION lender By: Title Borrower's Signature ?P_ SMIM L 2222ANSR Borrower's Signature Borrower's Signature By signing above, each of die Borrower(s) acknowledge receipt of a complete copy of This Agreement on the Effective Date. PAIMME 07-04 Page 4 of 4 FHdD t a2 aAM&M 20$9 OCT 23 f e: 19 *'IS. So Pb ATTY u-0 d95'7 e a3awr Sheriffs Office of Cumberland County R Thomas Kline Sheriff to of ?G?r'?brrf OF 1?j? 01" N!0T' . Ronny R Anderson 3 2009 OCT 29 0 10: 18 Chief Deputy Jody S Smith Civil Process Sergeant OFFICE CF THE 9+'£RjFF Edward L Schorpp Solicitor First Horizon Home Loan Corporation a Division Case Number vs. 2009-7327 Donald J. Ezbiansky SHERIFF'S RETURN OF SERVICE 10/27/2009 09:13 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 27, 2009 at 2113 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Donald J. Ezbiansky, by making known unto himself personally, at 20 Colgate Drive 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. 10/27/2009 09:13 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 27, 2009 at 2113 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sheryl L. Ezbiansky, by making known unto herself personally, at 20 Colgate Drive Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $57.50 SO ANSWERS, topooAlae:?? 14 October 28, 2009 R THOMAS KLINE, SHERIFF By / -- Deputy heriff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~~~~Lti~, ut ~~uraLrr/,1~# ~.F~ ~ , - n ~,; ,_, '_ 3 l-. ~,.. N ~_ c_ ~;r tti~ c:~ -j? ,~ ~~ it .~ r -~ ;, 1:= =.'~ ,'-. ;.~. :, . r't '`-~ ~'~ First Horizon Home Loan Corporation a Division Case Number vs. 2009-7327 Donald J. Ezbiansky SHERIFF'S RETURN OF SERVICE 01/26/2010 02:21 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2010 at 1420 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: Donald Ezbiansky and Sheryl Ezbiansky, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Maria Theodoratos, Senior Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendants was mailed on January 2010 to Donald Ezbiansky at 20 Colgate Drive, Camp Hill, PA 17011 and Sheryl Ezbiansky at 20 Colgaiyjve, ~mp Hi11, PA 17011. SO ANSWERS, January 27, 2010 --1,~ RO ANDERSON, SHERIFF The Martin Law Firm, P.C. Jason Martin, Esquire Attorney ID 82767 725 Skippack Pike, Suite 337 Blue Bell, PA 19422 215-646-3980 Fax: 215-646-3987 Attorney for Plaintiff f~ , . 2010 FEB -9 P~ I ~ Q9 FIRST HORIZON HOME LOAN CORPORATION 6522 Chapman Highway Knoxville, TN 37920 vs. DONALD EZBIANSKY EZBIANSKY (H/W) 20 Colgate Drive Camp Hill, PA 17011 ANDSHERYL COURT OF COMMON PLEAS COUNTY OF CUMBERLAND DOCKET NO.: 09-7327 CIVIL ACTION: LAW Plaintiff, Defendants and METRO BANK 1130 Carlisle Road Camp Hill, PA 17011 ~~US[~C~~L.S ~U INTERROGATORIES IN ATTACHMENT To: Metro Bank (Garnishee) You must file with the Court answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in a default judgment being entered against you. A copy of said answers must be served on the undersigned. If your answer to any of the foregoing Interrogatories is affirmative, specify the amount, value and/or nature of the subject property. 1. At the time you were served or at any subsequent time did you owe the defendants any money or were you liable to the defendants on any negotiable or other written instrument, or did the defendants claim that you owed the defendants any money or were liable to the defendants for any reason? If so, what? Defendant Donald Ezbiansky has account 536669476 held individually with a balance of $1410.78. Defendant did not receive $300 exemption. 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendants? If so, what? See answer to question 1 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendants or in which defendants held or claimed any interest? If so, what? See answer to question 1] 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendants had an interest? If so, what? no 5. At any time before or after you were served did the defendants transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefor? no 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendants or to any person or place pursuant to the defendants' direction or otherwise discharge any claim of the defendants against you? no 7. At the time you were served or at any subsequent time, did you have or share any safe- deposit boxes, pledges, documents of title, securities, notes, coupons, receivables, or collateral in which there was an interest claimed by Defendants? no 8. Identify every account (not previously noted), having a credit balance, titled in the name of Defendants or in which you believe Defendants have an interest in whole or part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account, joint or tenants by entirety account, or otherwise. See answer to question 1 THE MARTIN LA W FIRM, P.C. Dated: ~ - / 3 ~O By: -~---- ..~ Jason B. artin, Es ire Attorney for Plaintiff VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of hislher knowledge, information and belief. ~%! j n (SIG I' TURF) The Martin Law Firm, P.C. Jason Martin, Esquire Attorney ID 82767 725 Skippack Pike, Suite 337 Blue Bell, PA 19422 215-646-3980 Fax: 215-646-3987 Attorney for Plaintiff FIRST HORIZON HOME LOAN CORPORATION 6522 Chapman Highway Knoxville, TN 37920 Plaintiff, vs. DONALD EZBIANSKY AND SHERYL EZBIANSKY (H/W) 20 Colgate Drive Camp Hill, PA 17011 Defendants and METRO BANK 1130 Carlisle Road Camp Hill, PA 17011 Garnishee ~~I Fit-t;~-~riu 2010 i LD ~ U ~i ~ ~' ~ 7 COURT OF COMMON PLEAS COUNTY OF CUMBERLAND DOCKET NO.: 09-7327 CIVIL ACTION: LAW PRAECIPE TO ENTER JUDGMENT AGAINST GARNISHEE PURSUANT TO PA. R.C.P. & 3146 (b) TO THE PROTHONOTARY: Kindly enter Judgment against Garnishee, Metro Bank, for the amount of $1,410.78, which represents a portion of the total judgment amount of $20,706.81 against the Defendants less Garnishee's fees and costs and which was identified by Garnishee in Interrogatory Response # 1 as property owed to the Defendant by Garnishee. Date: February 12, 2010 ~~-~~ ~ J on B. Martin, Esquire Attorney for Plaintiff ~ (`~'• ~~ P~ ATl1/ C~.~ 308'1 ~-~'~ a3~7~8 I~e~., 1~u-~~ The Martin Law Firm, P.C. Jason Martin, Esquire Attorney ID 82767 725 Skippack Pike, Suite 337 Blue Bell, PA 19422 215-646-3980 Fax:215-646-3987 Attorney for Plaintiff FIRST HORIZON HOME LOAN CORPORATION 6522 Chapman Highway Knoxville, TN 37920 Plaintiff, vs. DONALD EZBIANSKY EZBIANSKY (H/W) 20 Colgate Drive Camp Hill, PA 17011 ANDSHERYL COURT OF COMMON PLEAS COUNTY OF CUMBERLAND DOCKET NO.: 09-7327 CIVIL ACTION: LAW Defendants and METRO BANK 1130 Carlisle Road Camp Hill, PA 17011 INTERROGATORIES IN ATTACHMENT To: Metro Bank (Garnishee) You must file with the Court answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in a default judgment being entered against you. A copy of said answers must be served on the undersigned. If your answer to any of the foregoing Interrogatories is affirmative, specify the amount, value and/or nature of the subject property. 1. At the time you were served or at any subsequent time did you awe the defendants any money or were you liable to the defendants on any negotiable or other written instrument, or did the defendants claim that you owed the defendants any money or were liable to the defendants for any reason? If so, what? Defendant Donald Ezbiansky has account 536669476 held individually with a balance of $1410.78. Defendant did not receive $300 exemption. 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendants? If so, what? See answer to question 1 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendants or in which defendants held or claimed any interest? If so, what? See answer to question 1] 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendants had an interest? If so, what? no 5. At any time before or after you were served did the defendants transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefor? no 6. At any time after you were served did you pay, transferor deliver any money or property to the defendants or to any person or place pursuant to the defendants' direction or otherwise discharge any claim of the defendants against you? no 7. At the time you were served or at any subsequent time, did you have or share any safe- deposit boxes, pledges, documents of title, securities, notes, coupons, receivables, or collateral in which there was an interest claimed by Defendants? no 8. Identify every account (not previously noted), having a credit balance, titled in the name of Defendants or in which you believe Defendants have an interest in whole or part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account, joint or tenants by entirety account, or otherwise. See answer to question 1 THE MARTIN LAW FIRM, P.C. Dated: l - ~ 3 -~D By: .---~-- ,.. Jason B. artin, Es ire Attorney for Plaintiff VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. The Martin Law Firm, P.C. Jason Martin, Esquire Attorney ID 82767 725 Skippack Pike, Suite 337 Blue Bell, PA 19422 215-646-3980 Fax:215-646-3987 Attorney for Plaintiff FIRST HORIZON HOME LOAN CORPORATION 6522 Chapman Highway Knoxville, TN 37920 Plaintiff, vs. DONALD EZBIANSKY AND SHERYL EZBIANSKY (H/W) 20 Colgate Drive Camp Hill, PA 17011 Defendants and METRO BANK 1130 Carlisle Road Camp Hill, PA 17011 Garnishee . r ..._: ~ J.,v 1010 f~E6 j 8 P~) ~: i ~ C~,E,#,~;~; ~ ;. COURT OF COMMON PLEAS COUNTY OF CUMBERLAND DOCKET NO.: 09-7327 CIVIL ACTION: LAW' CERTIFICATE OF SERVICE On this date I am serving a true and correct copy of Plaintiff's Praecipe to Enter Judgment Against Garnishee in the above captioned matter upon Defendants and upon Garnishee via regular mail addressed as follows: Donald and Sheryl Ezbiansky 20 Colgate Drive Camp Hill, PA 17011 Metro Bank 1130 Carlisle Road Camp Hill, PA 17011 Dated: 'Z " ~ `L " ~ ~ _ ~ ~~' Jason B. actin, Esqui Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -??? Sheriff rn; ?y?7ti1, of titianll?ilX Jody S Smith' _ P; 4 Chief Deputy f ? -- Richard W Stewart CUMBtj Lr- ' 3-: ?1JUNTY Solicitor PENNSYLVANIA First Horizon Home Loan Corporation a Division Case Number vs. Donald J. Ezbiansky (et al.) 2009-7327 SHERIFF'S RETURN OF SERVICE 01/26/2010 02:21 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2010 at 1420 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: Donald Ezbiansky and Sheryl Ezbiansky, in the hands., possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Maria Theodoratos, Senior Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendants was mailed on January 27, 2010 to Donald Ezbiansky at 2( Colgate Drive, Camp Hill, PA 17011 and Sheryl Ezbiansky at 20 Colgate Drive, Camp Hill, PA 17011. 09/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $98.14 September 09, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF B Sharon R. Lantz ?t .DO Pd • Co . x,01 700' '? y?Da 3 {c} Coun`ySuite Sheriff, Tueasott. W-