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Home My WebLink About09-8419r NEW CUMBERLAND FEDERAL CREDIT UNION, PLAINTIFF V. GERALD A. ALTER and KIMBERLY L. ALTER DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO NOTICE Oa- 6419 0414i(Tem YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY BAR CENTER 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 By: St n Howell; Esgfiire owell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 t , NEW CUMBERLAND FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY PLAINTIFF PENNSYLVANIA V. CIVIL ACTION - LAW GERALD A. ALTER and KIMBERLY L. ALTER DEFENDANTS NO. COMPLAINT 1. The Plaintiff is the New Cumberland Federal Credit Union with a principal place of business located at 345 Lewisberry Road, New Cumberland, York County, Pennsylvania 17070. Plaintiff is a federally chartered nonprofit credit union. 2. The Defendants Gerald A. Alter and Kimberly L. Alter are adults individual residing at 302 Thomas Drive, Mechanicsburg, Cumberland County, PA 17050. 3. The Defendants are not current members of the Armed Forces. COUNT 1: NCFCU CAR LOAN 4. On March 15, 2007 Defendants executed a Loan Agreement attached as Exhibit "A" in the amount of Twenty Five Thousand and Eighty Two Dollars and 27/100 ($25,082.27) Dollars at 10.25% interest and pledged as collateral a 2007 Civic Honda Vin # (1 HGFA16807L073244). Defendants were the borrowers under this Loan Agreement. 5. The terms of Exhibit "A" required timely payments of $421.46 monthly for 83 months and a final payment of $314.83 in the 84`h month. 6. Defendants failed to make timely payments and the car was repossessed and sold with Plaintiff receiving a net check for $13,127.00 from the sale after deductions for fees and auction expenses. 7. After applying $13,127.00 received from the auction towards the vehicle loan there remains a principal balance due of $9,428.75 at 10.25% interest plus a per diem of $2.65 from November 30, 2009. 8. Defendants have made no regular payments despite repeated requests. 9. Pursuant to the Loan Agreement the Defendants agreed to pay all "court costs and reasonable attorney fees" incurred in any collection action. WHEREFORE, Plaintiff respectfully requests entry of judgment in the amount of $9,428.75 (principal plus past interest) at 10.25% interest plus a per diem of $2.65 from November 30, 2009 together with all court costs and an award of reasonable attorney fees. Respectfully submitted, By: Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 12/?2/2?? 14:e'2 7'.77701279 HOWELL LAW FIRM FADE '2/0° Verification I verify that the statements made in the forgoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. I verify that I am the President of the New Cumberland Federal credit Union and that I am authorized to execute this document. 4z ? By: Donald Varner, sident NCFCU Date: / DEC-03-2009 10:55 NCFCU New GMURLM Now cnprr VWW P.O. sot 50 a New Cumberfund, PA 17UM-M (7M 774.4833 a 1.800.716-2328 717 774 7997 P. 01/06 71¦!3? \??I'+Me LOAN ARID SECURITY AGREEMENTS AND DISCLOSURE STATEMENT L T N N MBER AJJJ"MUR GROUP POLICY NUMBER MATURITY DATE ?i'?I 72 0 0 7 If# 49sol? GERALD A ALTER 661 HARTMAN AVE HMOVTR iNUAL PFACENTAGE RATE I PA 17331-3710 CHARGE Total of Payments Total Sale Price The cost of your credit as a yoArly rate. The dollar amount the The amount of credit credit will cost you, provided to you or on your behalf, 10.250 % 4 10,213.74 e $ 25,082.27 The amount you will have Oaid after you have made all payrnents as scheduled. $ 35,296.01 e The total cost of your purchase an credit is 4 which Includes your downoeyment of 0 Your Payment Schedule Will Be: Number of Payments Amount of Payments When Payments Are Due 83 4 421.46 MONTHLY 04/21/2007 AND 1 $ 314.83 e Property Insurance: You may obtain property Insurance from anyone you want that is acceptable to the credit union. If you get the insurance from us, you will pay$ N/A Prepayment: If you pay off early you will not have to pay a penalty. Required Deposit; The Annual Percentage Rate does not take Into account your required deposit, if any. ? Assumption: Someone buying your mobile home cannot assume the remainder of the loan on the original terms. Demand: This obligation has a demend•featurs. All disclosures are based on an assumed maturity of one year. THIS CREDIT UNION DOES NOT ASSESS LATE CHARGES Filing Fees Non-Filing Insurance $ - -- - Security: Collateral securing other loans with the credit union may also secure this loan. You are giving a security interest in your shares and dividends and, it any, your deposits and interest in the credit union; and the property described below: Collateral Property/Model Year I.D. Number Type Value Key Number HONDA CIVIC 2007 IKOFA16807LO73244 AV 9 22,700.00 $ 0.00 $ 0 Other (Describe) 0.00 ?p 0.00 .00 Pledge of Shares $ 0.04 in Account No. $ 0.00 in Account No. See your contract documents for any additional information about nonpayment, default, and any required repayment in full before the scheduled date. CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT BEFORE YOU SIGN IT. By si ningg as Borrower, you agree to the terms of the Loan Agreement. If property is described in the "Security"section of thaTuth in Lending Disclosure, you also agree to the terms of the Security Agreement. if you sign as "Owner of Property" -you agree only to the terms of the Securify Agreement. x i;tu 3-1y-1r X +WAU 1 DATE a WER 2 DA x ISEALI ?$ p X lerdu.i 'ITOTkER e01t14W GR OWNFA OF PROP Y WITNESS DATE OTHER somowm Mm op PROPERTY wrrNm GATE 0 CUNA MUTUAL GROUP, 1999, 2000, 2001. ALL RIGHTS RESERVEO N%X022 ILASERI DEC-03-2009 10:55 NCFCU 717 774 7997 P.02/06 • ?reojt union haw uuin,ci ?". ". , -..? ?• ?. --.. ....... Sorrowerls) GERALD A ALTER L# 3 . ':1TEIVII'?:A'1'I:Qw.??.T??l?l[Q?N?>'>r?11llEEa itemization of Amount Financed of Amount Given to You Directly Amount Paid on Your Account prepaid Fnanoe Charge 3 25 082 727 $ 0.00 S 4,0 04.78 0 0.00 , Amounts paid to Others on Your Behalf: (if an amount is merited with an asterisk VI we will be re ning a portion of the amount,) $ 4,084.78 To REF $ 20,822.49 To RMOVER HONDA $ 175.00 To NCFCU 8 0.00 To $ 0.00 To $ 0.00 To S To $ To S To # To S To 4 -To S To $ To appears above and anyone to whom the Credit L person who signs this Agreement as a borrower. 1. PROMISE TO PAY - in the Credit Union whose name as to "you," or "your" mean each You promise to pay $ 25,082.260 the Credit Union plus interest on the unpaid balance until what you owe has been repaid. For fixed rate loans the interest rate is 10.250% per year. Collection Costs: You promise to pay all costs of collecting the amount you owe under this agreement including court costs and reasonable attorney fees. 2. PAYMENTS - You promise to make payments of the mount an at the time shown in the Trlath in Lending Disclosure. You Me repay any amount without enalty. If Yo prepa an parM what ?ou we, pu are still required o make tie regularly schedu ed payme ts, unless we hove agreed to a change in the p ymerit schedule. Because. this is a simple interest loan, i - y u do not makq payments exactly as scheduled, our final payment mayi ce more or l ss than the amount oy the final pay nt that s disclosed. It you elect credit insurance, we wX either include the remium in your paym nts or extend the term of your loon. F,f the term is extenled you will $e required to make additional payments of t6a schedule amount, until what you ow has been paid. Yo4 promise tp make aJ! payments o the p=ece we choose. If this 1 an refs antes anothaC loan we have with y u, the othe con N1 be canceled and refin nod Qf e d Af thus an. 3. LAN PACE k S MAiL - It the proceeds of this loan ore mailed to you' interest n this loan begins on the date the I n 'FAT II {o You. m ?AN this Agreement Is gecured by all prop¢rty, ascribed irk the ,5ecurit?!" as ion ,of the Truth in before the date it is due. You will be in default if ?ou breaf any prom( a log made in connection with this oan or i anyone is in d lklt rider any CurltYY a r srnent me a in Conn attggn withe this ?gnement.sYeou wVill l?e?n default you die, f Is fi r bankruiptcx, become insolvent (that is una?le Ito pay your ills end o s as they become due , or if yoy mai e any tai a or misleipdingg statements in your loan application. Yo will also be in de ult if sometthhm hap ens Inat we believe may seriously affect y, ur abtlitygto r &o what you owe under this A reemen or I? you are in de eul' under any other toss? ii r ?rrJ?TEiinu ve-Wh wl?h uens.ou are in default, ACTIoNA?AT we y dema d immediate payment qQ? the gntire unpaid Mailance un?er this l or You vyaive any ri ht you have to receive demand for payment, n tics of rnte I to demsind immediate esyment and notice o? demand far immediate payment. It we demand immJY1ediate ay ent, yyou w II continue to pay in Brest at the rate pay ITed fot t this Agreem nt, until w at you owe has teen repaid, a will also apply an inft what you qwe any snnares alidlor, deposits hen, as sacunty un er this A re"t. We may also xgrclse any other rig?ts given ley Iew w when you are in in the -securit " section OT t W6 I rutn in Lending Disclosure payin the entire amount owed under this Agreement. i nis fpr this Ioan.1>?C?ed/f Onion as a fedvr4rl chi r. Statutory mean we can snforc o r rights against any one of you Lien - If you are in default on a financial obligation to us, indivi itY i ainst all o you togetner. feddrel law give us the right o apply the belartce of shares 8. v G?A ?E - if you are i to in making paypnent, ou and dividens in all indwiddua?,and runt accounts, o eve romise to pay the late char a shown in the 'leruth in Lending with us to satisfy that pblrgatton. after you are in cefeult, disclosure. If no late change is shown, you will not be w may exercise this right . ithout furtfler notice to you. eh?r don ?,vVe have a federal ch R r ur n me includes the term 9. D AY li? EIYFOft?iN& RIGHTS - We can delay an orcin federal C our rights un r iAgreement an nur?i er time Una q has a state charter, any o drt Uni / i exctint rn hio an ode anvva hove a statutgry lien wi hout losing the abl Ity to exercise our rr hts ater: a can on the share art ividen s an, if any, the deposits and enforce this Agreement against your heirs or legal interest in all n ividual an 1oint ccoun s you have with us To re ent iv and ma exercise our ri9(W ?ts under the lien to the extent 10. O IN tUTIVENESS - If any part of this permitted by state low.a haves a state charter if our Agreement Fgter by a court to be unenforceable, the ame does not include the term Federal Credit Union." rest wI rem rn in eflet. for all borrows You pie ge as ecurity for this loan a11 11. N?TICC1: - No ices will be spat tp you at the most shares and diwrids and, many, side assts and interest in recent eddies you have given us in witting. Notice to any all joint and i dtvi ual accou is yppu nave with the credit one ff u w' 1 15 no i to all. union now and in the future. -rho statuto y lien and/or your 12. i?T?I 1R P tOVISION$ - foledQe will allow us to apply the #un? s in yo ye account(s) at you owe when you are n efaiult. ?he statu cry lien and y it pled a do n t apply to any Individual Retirement Account ?r any ot?ier ac o nt that woyld lose special tax treatment under state or Teyeral law if given as sect7?iri 5. E X?ULT - You will be In default under this Agreement if you do not make a payment of the amount required on or o, . .... ...._. .. ..__.._ -..,... -___ ....... ... ...... .?? nrn?n...r. NXYn97 fl ASRpI DEC-03-2009 10:56 NCFCU woU1L UMV11 new ®onrower(s) GERALD N ALTER I • .•.5.EUUAi7TY In this Agreement references to "credit union," 'we," "our" or "us" mean the credit union whose name appears on this document and anyone to whom the credit union assigns or transfers this Agreement. All references to the "Loan" mean the loan described in the Loan Agreement that is part of this document. All references to "you," or "your" mean any person who signs this Agreement. 1. THE SECURITY FOR THE LOAN - You give us what is known as a security interest in the property described in the "Security" section of the Truth in Lending Disclosure that is part of this document ("the Property"). The security interest you give includes all accessions. Accessions are things which are attached to or installed in the Property now or in the future. The security interest also includes any replacements for the Property which you buy within 10 days of the Loan and any extensions, renewals or refinancings of the Loan. It also includes any money you receive from selling the Property or from insurance you have on the Property. If the value of the Property declines, you promise to give us more property as security if asked to do so. 2. WHAT THE SECURITY INTEREST COVERS - The Property secures the Loan and any extensions, renewals or refinancings of the Loan. It the Property is not a dwelling, it also secures any other loans, including any credit card loan, you have now or receive in the future from us and any other amounts you owe us for any reason now or in the future, except any loan secured by Your principal residence. If the Property is household goods as defined by the Federal Trade Commission Credit Practices Rule or your principal residence, the Property will secure only this Loan and not other loans or amounts you owe us. 3. OWNERSHIP OF THE PROPERTY - You promise that you own the Property or, if this Loan is to buy the Property, you promise you will use the Loan proceeds for that purpose. You promise, that no one else has any interest in or claim against the Property that you have not already told us about. You promise not to sell or lease the Property or to use it as security for a loan with another creditor until the Loan is repaid. You promise you will allow no other security interest or lien to attach to the Property either by your actions or by operation of law. 4. PROTECTING THE SECURITY INTEREST - If your state issues a title for the Property, you promise to have our security interest shown on the title. We may have to file what is called a financing statement to protect our security interest from the claims of others. It asked to do so, you promise to sign a financing statement. You promise to do whatever else we think is necessary to protect our security interest in the Property. You also promise to pay all costs, including but not limited to any attorney fees, we incur in protecting our security interest and rights in the Property, to the extent permitted by applicable law. 5. USE OF PROPERTY - Until the Loan has been paid off, you promise you will. (1) Use the Property carefully and keep it in good repair. 12) Obtain our written permission before making major changes to the Property or changing the address where the Property is kept. 131 Inform us in writing before changing your address. (4) Allow us to inspect the Property. (5) Promptly notify us if the Property is damaged, stolen or abused. (6) Not use the Property for any unlawful purpose. 6. PROPERTY INSURANCE, TAXES AND FEES - You promise to pay all taxes and fees (like registration fees) due on the Property and to keep the Property insured against loss and damage. The amount and coverage of the property insurance must be acceptable to us, You may provide the property insurance through a policy you already have, or through a policy you get and pay for. You promise to make the insurance policy, payable to us and to deliver the policy or proof of coverage to us if asked to do so. If you cancel your insurance and get a refund, we have a right to the refund. If the Property is lost or damaged, we can use the insurance settlement to repair the Property or apply It towards what you owe. You authorize us to endorse any draft or check which may be payable to you in order for us to collect any refund or benefits due under your insurance policy. If you do not pay the taxes or fees on the Property when due or keep it insured, we may pay these obligations, but we are not required to do so. Any money we spend for taxes, fees or insurance will be added to the unpaid balance of the Loan and you will pay interest an those amounts at the same rate you agreed to pay on the Loan, We may receive payments in connection with the insurance from a company which provides the insurance. We may monitor our loans for the purpose of determining whether you and other borrowers have'complied with the insurance requirements of our loan agreements or may engage others to do so. The insurance charge added to the Loan may include (1) the insurance company's payments to us and (2) the cost of determining compliance with 717 774 7997 P.03i06 LII 3 the insurance requirements, If we add amounts for taxes, fees or insurance to the unpaid balance of the Loan, we may increase your payments to pay the amount added within the term of the insurance or term of the Loan. 7. INSURANCE NOTICE - If you do not purchase the required property insurance, the insurance we may purchase and charge you for will cover only our Interest in the Property. The Insurance will not be liabKity Insurance and will not satisfy any state financial responsibility or no fault laws. 8- DEFAULT - You will be in default if you break any promise you make or fail to perform any obligation you have under this Agreement, You will also be in default under this Agreement if the Loan is in default, 9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When you are. in default, we may demand Immediate payment of the outstanding balance of the Loan without giving you advance notice and take possession of the Property. You agree the Credit Union has the right to take possession of the Property without Judicial process if this can be done without breach of the peace. If we ask, you promise to deliver the Property at a time and place we choose. We will not be responsible for any other property not covered by this Agreement that you leave inside the Property or that is attached to the Property. We will try to return that property to you or make it available to you to claim. After'we have possession of the Property, we can sell it and apply the money to any amounts you owe us. We will give you notice of any public sale or the date after which a private sale will be held. Our expenses for taking possession of and selling the Property will be deducted from the money received from the sale. Those costs may include the cost of storing the Property, preparing it for sale and attorney's fees to the extent permitted under state law or awarded under the Bankruptcy Code. The rest of the sale money will be applied to what you owe under the Loan. If you have agreed to pay the Loan, you will also have to pay any amount that remains unpaid after the safe money has been applied to the unpaid balance of the Loan and to what you owe under this Agreement. You agree to pay interest on that amount at the some rate as the Loan until that amount has been paid. 10. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE LOAN - We can delay enforcing any of our rights under this Agreement any number of times without losing the ability to exercise our rights later. We can enforce this Agreement against your heirs or legal representatives. If we change the terms of the Loan, you agree that this Agreement will remain to effect. 11. CONTINUED E=FFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in eff act, 12. NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A MOTOR VEHICLE - THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT TO REPOSSESSION. IF IT IS NOT REPOSSESSED AND SOLD TO SOMEONE ELSE, AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN THAT SALE, YOU MAY HAVE TO PAY THE DIFFERENCE. 13, NOTICE FOR ARIZONA OWNERS OF PROPERTY - it is unlawful for you to fail to return a motor vehicle that is subject to a security interest, within thirty days after you have received notice of default. The notice will be mailed to the address you gave us. It is your responsibility to notify us if your address changes. The maximum penalty for unlawful failure to return a motor vehicle is one year in prison and/or a fine of $150,000.00. 0 The folVawing nodes apps QNLY when the box at left is marked. 14. NOTICE. ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DiEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 15. OTHER PROVISIONS - Mvrnoe 11 ARFAL Tre 2 Cato +18.50 galvt? ey a3??3