HomeMy WebLinkAbout10-28137
2010 APR 27 PM 1* 16
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS I ST FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
ROBERT K. COCKLIN
CHRISTINE M. COCKLIN
DEFENDANTS
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 10 - 61$13 CiviITerm
: 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.
461 o0 PIS M1
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 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, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAW
-r 3U S9
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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
NOTICIA
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 demanda y la notification. Usted debe presentar una apariencia
escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas 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 DIRECCION 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.
ROBERT K. COCKLIN
CHRISTINE M. COCKLIN
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.:
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 is a National
Federal Credit Union having a principal address of 5000 Louise Drive,
Mechanicsburg, PA 17055.
1
2. Defendant, Robert K. Cocklin, is an adult individual having a last known
address of 1265 High Street, Boiling Springs, PA 17007.
3. Defendant, Christine M. Cocklin, is an adult individual having a last known
address of 229 Lincoln Street, #A, Carlisle, PA 17013. Robert K. Cocklin and
Christine M. Cocklin are collectively herein "Defendants."
4. Defendants submitted to Members 1St a credit card application (the
"Application") for a Visa credit card issued by Plaintiff.
5. Plaintiff accepted the Application and sent to Defendants a Visa Credit Card,
account #4121-4499-9884-9561 (the "Visa Account") and the corresponding
Visa Credit Card Agreement and Disclosure Statement.
6. The Visa Account is governed by the 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.
7. Pursuant to the terms and conditions of the Credit Card Agreement and
Disclosure, Defendants 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.
8. Defendants have made charges against the Visa Account and are in default of
Defendants' obligations under the Credit Card Agreement and Disclosure and
the corresponding Visa Account as a result of Defendants' 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 1St on or about
September 6, 2009.
2
VISA Credit Card Agreement and Disclosure
Notice. See reverse side for important information regarding your lights to dispute billing errors.
1. Meaning of Words. The Following words nova the lollowing meanings in this Agreement and in the monthly billing statement mailer hereunder'.
(a) 'Agraament' means tie Visa Credit Card Agreement and Disclosure furnished by us.
Mechanicsburg, PA.
(c) "We", and *You've "means each person who sighs this r Agreement.
(d) „Card' means any Visa Crailit Card and any duphcates and reviewers we Issue to you.
(a) 'Account` means your Visa Credit Card line at Credit Account with us that contains a record of all purchases and Cash Advances made by you under this agreement
(f) 'Une of Credit' means the total dollar amount we approve for you against which you may obtain Cash Advances under this Agreement.
(g) 'Advance' means any credit extended to you under this Agreement for any purchases or Cash Advances.
(h) 'Cash Advance' means (1) any credit extended to you tram its or from any other Institution that accepts the Card (i) any withdrawal of ash made by using your personal identification number ("PIN') an automated teller machine ('ATM') of other type of
electronic terminai that provides access to the Visa system (lit) the amount of any Visa Convenience Check paid by us, or (iv) balances transferred from allot her credit card.
(i) "Visa Convenience Checks" means any check tot may be issued by is to you, from time to time, that directly accesses your Visa Credit Card Line of Credit Account. The amount of any Visa Comzenleni?e check paid by us is posted as a cash Advance under
your Account. Card and signing sales slip for the amount of Mill purchase. You may also use your Cara
2. Now To the This Account: You an purchase or lease goods and services rpurchases") from a merchard up to your maximum credit limit by prasending your a
(a) To obtain Cash Advances up to your maximum credit limit from financial institutions that accept a Visa Credit Card. I
(b) By use of pie-pnnted Visa Convenience Checks gel we may issue you from time to time;
(c) By making withdrawals with your Card at an ATM or other type of electronic terminal that provides access to the Visa system. 11
3. Responsibility. if we issue you a Card you agree to pay all Advances under the Account and Finance Charges arising from the use of the Card, a Visa Convenience Check and the Card amount. For exampiq, you are responsible for charges made by yourself, your
spouse and minor children. You are also responsible for Barges made by anyone else to wham you give the Card, and this responsiblidy continues unil the Card is recovered. You cannot disclaim responsibility by notrying us, but we will close tine Account for new
transactions, it you so request, when you return all Cards and any issued but unused Visa Convenience Checks. Your obligation to pay the Account balance coninues even though an agreement, divorce decree, or other court judgment to which we are not a party,
may direct you or one of to other persons responsible to pay fie Account. I more Ulan one person signs this Agreement, you are jointly and severally responsible lot all charges on me Amount.
0. Liability for Unauthorized Use. You understand that your total liability to us shall not exceed Fifty Dollars ($50) per any card transaction resulting from the loss, theft or other unauthalzed use of the card that occurs tiller to to rime you give notice to ice. Such
liability does not apply when a card is used to make an eectronic funds transler (EFT) or when a Visa Convenience Check is used for a purchase payment or Cash Advance.
5, lop Card NoilRcalloa: It you balieve your Card, or any Visa Convenience Check, has been lost or stolen, you must immediately call us at (717)795-6032 at 1(800}283.2328 during normal business hours. Alp business hours (nigh(s and weekends) or on hol-
idays, last or stolen Cards must be reported by calling 1(100}325-3678
8. Credit Line; It we approve your application, we will establish a self-replenishing tine of Credit for you and no%you of its amount when we Issue the Card. You agree not to W the Account balance exceed this approved credit line. Each payment you make on the
Amount will restore your credit line by the amount of the payment which is applied to the principal balance owed on the Amount. You may request an inevease in your credit line which must be approved bb a loan officer. By giving you written notice, a lawn officer
may reduce your credit lire from time to time, or with good cause. revoke your Card and terminate this Agreement Good cause hclides your failure to comply with this Agreement, or our adverse reevdlu-N of your credit worminess. You may also lerminate this
Agreement of any time, but termination by either of us does not afted your obligation to pay the Account balance . The Card remains our property, and you must recover and surrender to us at Cards, and arty issued but unused Visa Convphlerlce Checks, upon out
request and upon termination of this Agreement
7. Credh Information. You authorize in to investigate your credit standing when opening, renewing or reviewing your Account, and you authorize us to disclose information regarding your Account to "edit bureaus and other creditors who inquire at us about your
credit standing, to the extent authorized by our BYLAWS.
8. Payments. We will mail you a statement every month showing your previous balance comprised of purchases and Cash Advances, the current transactions on your Account, the remalning credit availale under your credit timd, the new balance of purchases and
Caah AMrenese-me total new balance. the Firerwa Ghaige due to date, and M"Inimum payment coshed. Each rrorilh yotmust pay at IeaeF tlhemintrxaa paymem3fwwwv yon stallmem 6yUw date Ndan IhasHfemsa4er r o later Man 26 New Balance
statement dosing data, whichever is later. I your statement says Mile payment is 'Now Due," your payment is die no later Ran 25 days from tie shdemem closing dale. You may pay more frequently, pay into Uen the minimum payment pay the
in lull. If you make extra of larger payments, you are still required to make at least the minimum payment each month your Amount has a balance lather than a credit balance).
The minimum payment will be either a) Two percent (2%) at your total Now Balance or $20, whichever is greater, or b) your total now balance, if it is less than Twenty Dollars ($20) puts c) any portion of tie minimum payment shown on prior statement(s) which
remain unpaid.
We also have to right to demand immediate payment of any amount by which you are over your credit limit.
We will apply your payments Ris1 to any tees, then to the FINANCE CHARGES on both Cash Advances and purchases, Men to pravlarsly billed purchases, Cash Advances and new purchases in to order were posted to your Account.
We may accept cocirs marked 'payment in full* or with words of similar effect without losing any of our rights to m>tlecl the full balance of your account with us.
9. Finance Gorge.
A. On purchases, if there is no balance owed on your aceour at the beginning at the billing cycle or 11 payments and credits during the billing cycle equal or exceed to balance owed on to account the beginning of the billing cycle, them no finance charges
will be charged to your account for purchases for the billing cycle. If the full amount is not paid by Ire payment due date (not As to 25 days train the date of purchase), finance Borges will be In rrad from the statemenl date on to average dally balance
of previously billed but unpaid purchases, and on now purchases from the dates such new purchases are posted to your account
11 you have our VISA Platinum, your account vdil be subject to a Finance Charge (interest) at the periodic rate of 1.063% per morilh (ANNUAL PERCENTAGE RATE of 12.75%) on the average dal balances of purchases and Cash Advances.
11 you have our NSA Gold, your account will be subject to a Finance Charge (interest) at the periodic rate of 1.063% per month (ANNUAL PERCENTAGE RATE of 12.75%) on the average daily lances of purchases and Cash Advances. From October 16,
1999 to September 30.2000 the discounted ANNUAL PERCENTAGE RATE on the average daily betarroes of purchases will be 11.75% which is a ppaer{{odie rate of.979% per month.
If you have our VISA Classic, your account will be subject to a Finance Charge (interest) at the periodic rate of 1.104% per month (ANNUAL PERCENTAGE RATE of 1325%) on the average dally antes of purchases and Cash Advances.
It you have our VISA Classic Rate Shaver, your amount will be subject to a Finance Charge (interest) at Me periodic rate of .825% per month (ANNUAL PERCENTAGE RATE of 9.90%) on to ave daiN balances, of purchases art Cash Advances
The above disclosures were accurate as W the date they were printed and all terms are subject to dente. The applicanUmamber should contact tie card issue (Members 1at) ror arty darmgas In the . ormation disclosed. For Borges or iutthp information all
1-800-283-2328. Plat 6. Variable Rata: The finance charge will be determined by adding the margin to Me index value. The Annual Percentage Rate an cha ga on the first calendar day of Me first cycle in each calendar maffec4T?%argi mfor art nor Y in G its 5,00 f or both
for bp"olh
chases and Cash Advances . The margin for Visa Gold is 5.00% lot both purchases and Cash Advances. Tie margin for Visa Gold purchases tot the period Odoher 16,1999 through September 30,
purchases and Cash Advances. The margin for Vita Classic Rato Shaver is 2.10% for both purchases and Cash Advances, subject to a floor of 9.9% ror the Visa Classic Rate Shaver progra Index is the highest Prime (late published in the Wall Street
Journal The Index will be measured as of tie last business day of tau previous month. Any increase in the Annual Percentage Rate will cause IN amount of the minimum monthly payment to )rcr The Annual Percentage Rate will never exceed 21% or the
maximum allowed by law, whideYer is less.
C. Method A - Avenge Getty Balance (including Now Credit Purchases): A Finance Charge will be imposed an Cash Advances from the date made or from the first day of the billing cycle in hich the Cash Advance is posted to your account, whichever
is latai, and wit conlioOe to accrue until the dale of payment. A Finance Charge will be imposed on Credit Purchases from the date the Credit Purchase is posted to your account and will continue t accrue until tie date of payment, it Method A applies to pur-
chases,
The Finance Charge lot a billing cycle is computed by applying the monthly Pariock Rare to the average daily Data=, which is determined by dividing the sum of the daily balances during the bi Ig cycle by the number of days in the cycle. Each daily bal-
ance is determined by adding to the Previous Balance (the outstanding balance at your ancour at the beginning of the bflling cycle) any new Cash Advances recawed and any new Credit Purdhat 8% posted to your account, and subtracting any payments as
shown
raceived or credits as posted to your account but excluding any unpaid Finance Charges. the e
Balance
Now
evinus 0. Method 0 25 days hmn the cllosng date (including of that slalemNew Cinvoillt ert If you elect not o pay to entire N Charge Balarux of purchases Credit preious morhlyii"l fstalenent within tithe 25-day period a"Fi Charge vMl be imposed oo use unpaidtaverrage dairy bilhill;
of such Credit Purchases tram the previous statement closing data and on new Credit Purchases from the dale of posting to your account during the current billing cycle, and will continue to accrue until to closing date of file biting cycle preceding the
date on which to entire Now Balance of purchases is paid in full or until to date of payment i more tan 25 days tram 0 closing date.
The Finance Charge for a hitting cycle is campued by applying the monthly Periodic Ralo to the iverage daily balance of Credit Purchases, which is determined by dividing to sum of the daily lances during the billing cycle by the number of days in the
cycle. Each daily balance of Credit Putc asses is determined by adding to to outstanding unpaid balance of Credit Purchases at the beginning of rte billing cycle any new Credit Purchases posted to your account , and subtraciing any payment as receivoil and
ctwlits as oosted to your account, but excluding any unpaid Finance Charges.
--l- fill gcl/FRRF
Exhibit "A"
It this method G also applies to Cash Advances, a Finance Charge will he imposed on Cash Advances from the dale of the Cash Advance or from the first day of the billing cycle in which the Cash Advance is posted to your account. whichever is later, arni will
otharwisro be ralddated In the same manner as explained above for Credit Purchases.
10. Default. You will be in default if you fail to make any minimum payment or now required payment by the dale that it is due. You will be in default if you break any promise you make under this Agreement. You will be in default if you die, file for bankruptcy, or
acme insolvent, that is, unable to pay your obligations when they become due. You will be in default if you make arty false or misleading statements In arty credit application or update of credit information. You will also be In default If snrnethi li happerts which
we believe may subsianllally reduce your ability to repay what you owe. When you are in default we can demand immediate paent of the entire amount you owe under this Agreement! without giving you advance notice. a immediate payment is demanded, you will
continue to pay interest, at the applicable interest rates in effect under this Agrearral. until what you owe has been repaid. g dymerrhancl for immediate payment has been made, the shares and deposits gift as security for payment under this Agreement can be applied
towards what you owe. We can also take appropriate action as authorized under Ilia Uniform Commercial Code to repossess any and all collateral pledged to secure repayment under this Agreement. Te the extent permitted by law, you will also he required to pay our
collection expenses, including court costs and reasonable atofeys' fees. We can also exercise any other rights given by law when you are in delaub.
11. Using the CAN, You may use the actual Card, Card Amount number and/or PIN to make transactions. You will retain the copies of the transaction slips lurnlahed to you in order to verity your monthly statement.
12. Rntums and Adjustments. Merchants and others who honor de Card may give credit or room or adjustments, and they will do so by sending us a credit slip which we will post to your Account. II your credits and payments exceed what you owe us, we will
hold and apply this credit balance toward henna purchases and Cash Advances, or it it is one dollar or more, refund it on your written request or automatically after six months.
13. Using Via Convenience Chedtl. You may use your Visa Convenience Checks, If available, as you would use your Card to obtain a Cash Advance or to make a purchase or payment. Your Visa Convenience Checks directly access your Amount. All purchases,
Payments and Advances made with a Visa Canverdeme Check and paid by us are heated as Cash Advances hereunder and, except as otherwise indicated, are subject to all terms of this Agreement pertaining to Cash Advances and to Ote following additional lams:
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 writen In U.S. Dollars. Visa Convenience Checks may not be certified.
D. We trey return a Visa Convenience Check unpaid it there is riot enough available credit on your Account to pay it, it your Account is in default, or if your Card or any Visa Convenience Checks have been reported lost or stolen. A $10 fee will he charged for
each reamed Visa convenience check.
14. Foreign Transectlons. Purchasesland Cash Advances made In foreign countries and foreign currencies will be billed In U.S. Dollars. The cerwersion rate to dollars will be at (1) the wholesale market rate or (ii) the government mandated rate, whichever is applic-
able in effect one day prier to the processing date, increaser) by ore-percent. On foreign transactions you agree to pay all currency exchange charges.
15. idarshard Dkeputes. We are not responsible for the refusal of any morahanl or financial institution to honor your Card or Visa Convenience Checks. Except with respect to Purchases made with a Visa Gmertence Chock we are subject to claims and defenses
(other than fort claims) arising out of goods or services you purchase with the Card only If you have made a good taith attempt, but have been unable to obtain satisfaction from the me(chant, and: (a) your purchase was made in response to an advertisement we sent
or participated in sending to you; or 0) your purchase cost more than Fifly Dollar ($50) and was made from a merchant in your slate or within one hundred (100) mills of your home. Any other disputes you must resolve directly with such morchau
1g. Security Interest. To secure your account, you grand us a purchase money security interest under the Uniform Commercial Code in any goods you purchase through the account. II you default, we will have the right to recover any of those goods which have not
been paid for through our application of your payments in the manner described in paragraph 10.
Pledge of Share Account(s) - ?IO7E: Yoe pledge to ia: and print a security Interest in Of joint and individual accounts you Iqw with Members 1st Federal Credit Union now and In the fibers, except sham in individual
Retirement Accounts and ax antra where the pledge or transfer of which would cause On loss of a tax-exempt or tax-deferred status, to sears that cradit cord account. You migration a to apply Ilse balance in those
account(s) Is pay any smounte due under this agreement R yoe should dehall.
17. Fens and Other Charges. The following lees and other charges will be added to your Account, as applicable:
A. Amhual Fee
B. Lase in ,..... .... .None Visa Gold ........................None Visa Classic ..........._........None Visa Classic Rate Shaver ..............None Visa Convenience Check ....... ....... None
Payment Camges, you foil to pay to minimum payment on your Account within five (5) days of the disclosed due data, a late payment charge of $20 will be added to your Accourd.
h. manatee unecx nee if a check' or share drat usara mi e a paymetTa your Accounts re rff unpalUed n e 6F i arty o etfi"r ieas3l WilfiO'E ffAFged a fee W $10 for each item returned,
F. Returned Suserient Fee. You whit he charged $1 lot each statement that la returned.
G. Copies of Visa Vouchers and Statements. You will be dxaagad $3 for copies of Sales Drahs, Credit Vouchers, Cash Advance Vouchers and photo copies of your Visa Statements.
14. Skip Payment Option. We may allow you, from time to time, to omft a mordthly payment. We will reify you as to any month in which the option Is available. II you omit a payment, FINANCE CHARGES and insurance premiums, it arty, will argue on your balance
in accordance with this Agreement A skip payment does not extend the period within which you must pay me New Balance Total in order to completely avoid FINANCE CHARGES on purchases. A minimum payment will be dua in the month following the month in
which you skip your payment.
19. Bffectve Agreement. This Agreement is a contract which applies to all transactions on your Account, even though the sales. Cash Advances. credits or other slips you sign or receive, may contain different tents. We may amend this Agreement from time to time
by sending you advance wrided notice as required by law. Your use of the Card, or Vise Convenience Check, thereafter will indicate your agreement in any such amendment. To the extend die law permits, and as wa indicate in out noticeto you, amendments will apply
to your existing Account balance as well as to future transactions. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania and relevant Federal Laws.
YOUR BILLING RIGHTS KEEP THIS FOR YOUR RECORDS
This notice contains Impomml informadon about your rights and our responsibilities under the Fair Credit Billing Ad.
NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR LOAN ACCOUNT STATEMENT
It you think your slatement is wrong, or if you need more information about a transaction on your statement, write us on a separate shoat of papa at the address listed on your sufemenL Write to us as soon as possible. We most hear from you no later than 60 days
after we send you the first statement on which the error or problem appeared. You can telephone us, but ding so will not preserve your rights.
in your letter, give us the following information:
• Your name and Account number
• The dollar am" of the suspade i error.
• Describe to error and explain,'if you can, why you believe there is an era. If you need more information, describe the ilem you are not sure about.
• If the amount on the statement does not correspond to the amaum of your sales slip or you have not received the proper tsauit on your sudertent for merchandise retumed, a copy of the sales Slip most accomppaanny your letter.
t you have authorized us to pay your Account automatically horn your Savings or Checking Account, you can stop to payment on any amount you think is wrong. To stop the payment your letter must reach us three (3) busiooss days before the automatic 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 corroded the error by then. Within 90 days, we must either correct the error or explain why we believe the statement was correct.
After we receive your letter, we cannot try to called any amount you question, or report you as delinquent. We can continue to send atahemmts to you ter the anauntyou question, inducing 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 fund that we made a mistake on your statement, you will not have to pay arty 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
questioned amount in ektwr can. we will send you a slalereat of the amount you an and the date that it is due.
it you fail to pay the amount that we think you owe, we may report you as dellnquenL However, it our explanation does not satisfy you and you write to us within ten days telling us that you stilt refuse to pay, we must tell anyone we report you to that you have a
question abed your statement. And, we must tail you the name of anyone we reported you to. We must tail anyone WE report you to gtat the matter has been retied behim us when it finally is.
SPECIAL RULE FOR CREDIT CARD PURCHASES
d you have a problem with to quality of properly of services that you purchased with a credit card, and you have hied In good faith to coned the problem with the merchant, you may have the right not to pay the remaining arnount due on the property or services.
There are Iwo limitations on this right (a) you must have made the purchase in your home slate or, if not within your home state, within 100 miles of your turret mailing address; and (b) the purchase price must hava been more than $50.
These limitations do not apply 4 the credit card Issuer owns of operates the merchant, or mailed you the advertisement lot 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. *
March 15, 2010
(Via Certified and regular mail)
Robert K. Cocklin
Christine M. Cocklin
1265 High Street
Boiling Springs, PA 17007
Christine M. Cocklin
229 Lincoln Street, #A
Carlisle, PA 17013
RE: Members 1St Visa Account No.: 4121-4499-9884-9561
Dear Mr. Cocklin:
Dear Mrs. Cocklin:
THIS CORRESPONDENCE IS FROM A DEBT COLLECTOR. 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 1 `
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 September 6, 2009 in the amount of $225.00. 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 $12,023.25 itemized as follows:
1. Principal $11,134.67
2. Unpaid Finance Charge 630.58
*Also practices independently as Richa
Exhibit "B"
3. Unpaid other fees 90.00
4. Legal Fees 168.00
5. Total due to Member 1" as of 3115110 $12,023.25
If you fail to deliver to my office at the address set forth above payment ofthe
$12,023.25 within thirty (30) days of the date of this letter, Members 1 S` 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 be responsible for the payment of additional reasonable legal fees and costs of suit
incurred by Members ls`
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
1. Nothing herein shall constitute a waiver of any rights or remedies which Members
1 S` 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 I st to postpone or
extend the maturity date of the obligation.
Members 1 S` looks forward to the payment of the $12,023.25 on or before April
14, 2010.
Very trul ours,
karl M. Ledebohm
CC: David Thomas, Collections Officer
CC: Vortex Debt Group, 3280 Suntree Blvd., Suite 101, Melbourne, FL 32940
KML:ll
NOTICE
This letter is an attempt to collect a debt.
It you dispute the validity of this debt, or any portion thereof, and you notify the
undersigned debt collector in writing within thirty (30) days of the receipt of this notice
that you dispute the debt or any portion thereof, the undersigned debt collector will obtain
verification of the debt or a copy of a judgment against you, if any, and mail to you a
copy of such judgment or verification.
If you do not dispute the validity of the debt or any portion thereof within thirty
(30) days of the receipt of this notice, the undersigned debt collector will assume the debt
to be valid.
If the original creditor of this debt is different from the creditor stated on the front
page of this letter, the undersigned debt collector will provide you with the name and
address of the original creditor upon written request from you within thirty (30) days of
your receipt of this notice.
The "undersigned debt collector" means the name signed at the end of this letter
appearing in print at the top of this letter.
¦ Complete items 1, 2, and 3. Also complete
Item 4 If Restricted Delivery Is desired,
¦ Print your name and address on the reverse
that we can return the card to you.
11111 Attach this carO to the back of the mailplece,
or on the front If space permits.
1. Article Addressed to:
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Robert K. Cocklin
1265 High Street
Boiling Springs, pA 17007
2. Article Number
(Transfer from s
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C. Date of Delivery
1? l0
MEMBERS I IT FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
: PENNSYLVANIA
PLAINTIFF
Vs. NO.:
ROBERT K. COCKLIN
CHRISTINE M. COCKLIN
DEFENDANTS CIVIL ACTION-LAW
VERIFICATION
I, David Thomas, Collections Officer for Members I" Federal Credit Union,
being authorized to do so on behalf of Members I" Federal Credit Union, hereby verify
that the statements made in the foregoing pleading are true and correct to the best of my
information knowledge and belief. I understand that false statements are made subject to
the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to
authorities.
Members IS` Federal Credit Union
B
David Thomas, Collections Officer
~~~
1010 JUN 2 I AM ~~ 5t~ ~
~~
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717~I38-6929
MEMBERS 1sT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
ROBERT K. COCKLIN
CHRISTINE M. COCKLIN
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 10-2813 Civil Term
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 acction 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 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, 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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
NOTICIA
Le han demandado a usted en la torte. Si usted guiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dies de plazo al
partir de la fecha de la demanda y la notification. Usted debe presenter una apariencia
escrita o en persona o por abogado y archivar en la torte en forma escrita sus defenses o
sus objectiones a las demandas en contra suya.
Se ha avisado que si usted no se defiende, la torte tomara medidas y puede entrar
una order contra usted sin previo aviso o notification y por cualquier queja o alivio que
es pedido en la petition de demanda. LISTED PUEDE PERDER DINERO O OTROS
DERECHOS IlvIPORTANTES PARA LISTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI
LISTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O
LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARR 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.
ROBERT K. COCKLIN
CHRISTINE M. COCKLIN
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.:10-2813 Civil Term
CIVIL ACTION-LAW
AMENDED 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 Amended Complaint:
1
Plaintiff, Members 1 ~ Federal Credit Union ("Members 1st"), is a National
Federal Credit Union having a principal address of 5000 Louise Drive,
Mechanicsburg, PA 17055.
2. Defendant, Robert K. Cocklin, is an adult individual having a last known
address of 1265 High Street, Boiling Springs, PA 17007.
3. Defendant, Christine M. Cocklin, is an adult individual having a last known
address of 229 Lincoln Street, #A, Cazlisle, PA 17013. Robert K. Cocklin and
Christine M. Cocklin are collectively herein "Defendants"
4. On or about July 31, 2000, Defendants submitted to Members 1st a credit cazd
application (the "Application") for a Visa credit cazd issued by Plaintiff. A
copy of the Application is attached hereto as Exhibit "A" and made part
hereof.
5. Plaintiff accepted the Application and sent to Defendants a Visa Credit Card,
account #* * * *-* * * *-* * * *-9561 (the "Visa Account") and the corresponding
Visa Credit Card Agreement and Disclosure Statement.
6. Since the inception of the Visa Account, the Visa Account has been governed
by the Credit Cazd Agreement and Disclosure Statement (the "Credit Card
Agreement and Disclosure"), a copy of which is attached hereto as Exhibit
"B" and made part hereof.
7. Pursuant to the terms and conditions of the Credit Cazd Agreement and
Disclosure, Defendants 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.
2
8. Commencing on or about July 31, 2000, and continuing through February 2,
2009, Defendants have made chazges against the Visa Account and are in
default of Defendants' obligations under the Credit Card Agreement and
Disclosure and the corresponding Visa Account as a result of Defendants'
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 1 ~ on or about September 6, 2009.
9. Monthly statements regazding the Visa Account are not attached to this
complaint in that such statements span approximately ten (10) years, are
voluminous and contain potentially private information concerning
Defendants. For the above reasons, said statements have been provided
directly to Michael J. Pykosh, Esq., attorney for Robert K. Cocklin, with this
Amended Complaint and are not attached to this Amended Complaint for
filing in the public records. Said statements will be made available to
Christine M. Cocklin upon request.
10. By letter dated Match 15, 2010, addressed to Defendarns, Plaintiff demanded
the payment of all amounts due under the Credit Cazd Agreement and
Disclosure and the corresponding Visa Account. A copy of Plaintiff s
Demand is attached hereto as Exhibit "C" and made part hereof.
11. Defendants are indebted to Plaintiff in the amount of THIRTEEN
THOUSAND SIX HUNDRED NINETY-TWO AND 17/100 ($13,692.17)
DOLLARS itemized as follows:
a. Principal $11,134.67
b. Unpaid Finance Charge 630.58
3
c. Unpaid other fees 90.00
d. Legal Fees 1,836.92*
e. Total due to Member 1 ~` $13,692.17
*Legal fees for collection are estimated in accordance with the terms and
conditions set forth in the Credit Cazd Agreement and Disclosure. Defendants
will be responsible for payment of actual, reasonable legal fees incurred by
Members lst in this matter which may be more or less than the amount stated
depending upon the date of payment and legal fees actually incurred by
Members 1St
12. Defendants also agreed under the terms and conditions of the Credit Card
Agreement and Disclosure that in the event of default there under Defendants
would pay, in addition to the amounts set forth in paragraph 11 above,
additional reasonable legal fees, if any, and costs incurred by Plaintiff as a
result of the institution and prosecution of these legal proceedings.
13. Legal fees and costs continue to accrue on the above obligation as set forth in
the Credit Cazd Agreement and Disclosure through the date of payment.
14. As set forth above, Plaintiff has made demand upon Defendants to make
payment of all amounts due to Plaintiff under the Visa Account and the Credit
Cazd Agreement and Disclosure and, as of the date hereof, Defendants have
failed and refused to make payment of all such amounts due to Plaintiff.
WHEREFORE, Plaintiff, Members 1~ Federal Credit Union, demands judgment
against Defendants, Robert K. Cocklin and Christine M. Cocklin, in the amount of
THIRTEEN THOUSAND SIX HUNDRED NINETY-TWO AND 17/100 ($13,692.17)
DOLLARS together with additional attorney's fees and costs of suit and interest at the
4
legal rate on and after the entry of judgment on this complaint which does not exceed the
jurisdictional amount requiring arbitration referral by local rule.
Date: ~ ~~ r ~~d
Respectfully submitted,
~~~,~~
XCarl 1VI. Ledebohm, Esq.
Supreme Court ID # :59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
5
, JUN-08-2010 TUE 05:06 PM MEMBERS 1ST FCU FRX N0. 795520? P. O1
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VISA Credit Card Agreement and Disclosure •
NWice: Sea reverse side for imporkM inlorrratlon regarding your rigMS to dispute billirq errors.
T. A4aanlap o1 Words. The FoUowirp words have IM following meanings In min Agreement and in the monlhry billing stakmaN mailer hereunder.
la) 'Agreement' means Uw Visa Credit Card Agreement and Disclosure furnished by us.
(D) 'We', 'Us' and 'Ours' means Members tsl Federal Credit UNon, Medtanicsbwg, P0.
(c) 'You' and 'You re' roans each Derson who signs This Agreement.
((d) 'Card' means arty Visa Credit Card and any dup0aks and rertevsls we Iswa to you.
(e) 'ACCOUM' means your Visa CrodM Card Line of CredM Account with to 1hN centaurs a record a( ell purchases and Cash Advances made by you under this agreement.
(t) 'Una of CrediC means the told dollar amount we approve for you against which you may obtain Cash Advartces ands this Agreement.
(g) 'Advanoe' mrtarts any Gedh extended to you under This Apreanenl for any purchases or Cash Advances.
(h) 'Cash Advance' means (i) any aedd extended to you Tram us or Iron any other irktltution That acaepls the Card (i~ any wllhdrawal of cash made by using your personal idadilkation number ('PIN') p an aulomaled teller machine ("ATM') or alher type of
elecronic kmdnal that provides access to the Y~sa system (Iii} Iho amount of any Visa Comeniatce Chock paid by us, or (iv) Dalarrces Uamkrted been anoUter wedd card
(i) 'Visa Convenience Checks" moans any check Thal may be issued a/ us to you, Uom lime to tiros, that dhrxUy accesses yew Visa Credit Card Line of Credit fuxounL Tho amotml ut any Visa Comreniert~e Check paid by us is ponied as a Cash Advanc0 undar
your Account. LLl
2. Moro To Uca Thb Account: You ran purrhase ar IBaSe ponds and services ('purchases") Irom a ntati+aM up to yaw rnawmum uedit timil hY DreseNing your Card antl signing a sales slip for the amount rU m4 puutgse. You may also use your Card
(a) io oDta'n Cash Advances up to ygcr maximum cratA Umit from Ilnanclal instaullons that accept a Visa Crxlil Caro:
(b) By use of pro-pnMnd Visa Convenience Ctrocks drat we mray issue you from umo to time:
(c) By making withdrawals wUh your Card at an ATM or outer type d electronic lerminal Uhat provides access to the Yisa system.
3. Rapohalbilily. II we issue you a Card you agree b pay all Advances under the Axount and finarue Clwpes arising Irom Uu use of the Cud, a Visa CrmveMence Ctheck and the Card account Far aamp~ you are responsPoie br charges made by yeursell, your
spouse and minor children. Yau aze also responsible )or dharges made try anyone dse to wftom you give Mte Card, and ihu respothsibility continues anti l the Card Is recovered. You Gannet d'~sckim responsibi, try by noUlying us, bM vre vri.l GoSe the Account for new
transactiahs, it yet so request, what you return aU Cards and any tsstrad Get unused Visa Convenience Checks. Your obligation to pay 018 Account balmlce continues even though an apreenrent divarrx ekr~ree, or other cowl )udpnahf ro which wa are oat a parry,
may direct you a one of the olhx persons rospOnsibk to pay ate Axounl. M more Than one person signs this Agreentaht you are jointly and swerauy responsible for all charges on the Ae>couM.
4. UahNily la UaautlsorlaW Una. You undastand tllat yew btal liability b us shag trot exceed Fmy Dollars (550) Px arty card hansaG(rm resulting Irom pre loss, theM or other ruhaUT7KKl2ed use M M+e car4 that excurs prig to me lime you give notice to hrs. Stub
liability does not appty vrt+ert a cud Is used to malk an electronic ihutds hansfer (EFr) or vrhen a Visa Convenience CtteGt tt used ku a puchase payment or Cash Advance.
5, 10:1 Grd NotIllgUoa: U you believe your Card, or any Visa ConveNrxtce Check, rtes heat last or stolen, you must immedfakly all us at (717)795.6032 or 1(800}283-2328 during retool fsus)rlass boob. AMa business hours (nights arW vreekends) or on hol-
~days, lost or stolen Cards muss be reported by calling 1(800}325-9570.
8. Csadlt Lie;11 we approve your appllrarUon, we w{ti establish a ae{f-ropkMsninp Lino of Credit tw you and nMify you of ifs arrtouM roller tre issue the Card. You agree not b lei Ne ArxouMlnlurrx exceed this approved credA line. Earn payment you make on the
Atxount will restore your credit Ilne f>y the amount b the payment which is applied to ate principal balarue owed on the ArX;ourM. You may rogues! an ircrease in your uedit Ilrta wAidt must.he approved bbyy a loan oMlcer. By giving yes vrtihen notice, a loarh otlirar
may reduce your credit Ilrhe hem lima to time, or with good crone, revoke your Card std krminate win Aproement Goad cruse irtdudes yew failwe to comply wiMh utis Agreement, or err adverse reewlwlion of your credit wrorthirtess. You may also terminate This
Agreement rd any time, but krmirwdon by either of us does not aMacl your obligation b pay the Account balarxx;. The Card ranains our property and you must recover and suttender to us all Cods, and arty issued but unused Visa Conveniehce Checks, upon our
roquesl and upon termination of this Aproemant
7. CndM I0lormaUon. You aumorire ere to investigate yew credit sknding when opening, renewing or revlewirp your Aauunt and yar awhorlu us to disclose lnformaUOn regarding your Account to uetMf Ourruus and other creditors vAto inquire of us about your
credit standinq,l0 the extent auMrorited by Ow BYIAWS.
8. Payments. We wit! mail yew a starernaU every month showing yew previoro Datance comprised of purchases and Cash Advances, the current uansadidns on yew Account the remaining Gedil avaitable~unda your cretlil limit, the new balance of purchases and
Cash AAveneas; Me+eHf new balance. the Fireirroe Charge due k Rate. and rt~minimum payment regMred. Eaxh rroMn yea mug pay at least Iheminhnumpaymant shown-anyour etaMrtwnEhy {tw desk lied on thssmlWnenFOHrolater o+an 25 rLnysarnm the
statement Gesinq desk, wnkstever rs lake. ll your slatartent says Ute payman Is "Now Due,' your payment is due no kla man 25 days Irom the slarumenl dosing dale. You may pay mac Irequentty, pay mo titan the mininwm payment or pay the Total New Balance
m IuU. If you nhaice extra or lx0a payments, you ace slUl requirod to make al least the minimum payment each mondt your Aaounl has a helarxx (oUta than a cradil balance).
The minimum payment wiu ce either a) Tvro percent (2%) 01 your told New Balance or 520, vAtiGteva is greala, or h) your fatal now balance, i(it is less than 7wenly Dolars {520) pros c) any poruan of minimum payrrknt shown a~ prior stalanenl(s) wVrirh
remain unpaid.
We also nave Uw right to demand immediate paymem of any amount by which you are over your credit limit.
We will appry your payments finl b any irbs, men to the FINANCE CHARGES on both Cash Advarvxs and purchases, oleo k ptavlously billed ptrrcltaus, Cash Advarues and trees purchases In Ole order vrero pasted to your Account
We may aceept dteGcs marked 'payment in ful l' or wlih wortls of s(ml laz eMeU vrimoul losing any of our rfghk to celkct the bra fralanca nt your aowuru ttrlh us.
9. Finance Charge.
A. On purchases, if dtae is no balance owed on yew account at 0e l>eginNnp of Ute biflinp ryrcle or ft payments and ermils dwlnq M>e DiUing cycle egtstl or exceed Ute balance ovred on the account ma bepinnirp of the bitknq cycle, then nor linance rdtarges
will be charged b your atxount for purchases to the blAinq cycle. M the lull amount k not paid by the payment dire dyte (trot less bwn 25 days Irom Ne desk of purchase), titpnce dtazgas will be to ned Tram Mte staremeM date on ate aveage daily barance
of previousty bitted txn unpaid pwehases, and on new ptadtases tram ithe rates such new purchases are prksfed to yew ucowht
It you nova our VISA Platinum, yew account vdU be wbiea to a Fkhance Charge (Imerest) at the periodic rote 011.063% per month (ANNUAL PERCENTAGE RATE of 12.759b) on pre average dal balarces M purrstases and Cash Advanrxs.
It you nave our VISA Gotd, your account writ be suhjeq to a Flrkrtce Charge (inkrest) ar the perlodia rdk M 1.083% px maUh (ANNt1Al PEACENTAGE RATE of 12.75%) on the average daily lances el purchases and Cash Advances. From Oexober 16.
t 999 to September 30, 2000 the Wscounted ANNUM PERCENTAGE RATE on Mho aveage daly balances al purchases will he 1 t.75% which is a pedodk tale of .979% per montlt.
U you have our VISA Classic, yew aaouM will be SubjeG to a Finance Charge (interest) M the poriodie tale of 1.104% p6t marsh (ANNUAL PER AGE RATE of 13?5%) on the average daily antes of purchases and Cash Advances.
II you have exu VISA Ckssic Hate Shaver, your actorahl will ba sublecl a a Finanext Charge (intarast) M the paAOdk rtle d .525% per mumlt (ANNUAL PERCENTAGE RATE of 9.90%) on Mrs eve daffy baiarca M pwGlasu and Cash Advanc~as.
Tha above dlccloswes wore erxurate as d the dale they were printed and all terms are suhlect to aharpe. The appliranr/member should contact uhe cad issues' (Members 131} br eery changes In the I lormalion disclosed. For Gropes or fuMa iMurmatlan call
1.900.253-2328.
9. W riahle Hale: Tho linance charge will ba determined by aduinp the margin tome Index valets. The Annual Pacenkge Hate an change on the Iirst alendar day of the Mrs! cycle in each alendar artor. Tha margin for Visa Platinum is 5.00% trx been pur-
cttasres and Cash Advances The margin for Visa Gokf is 6.00% for holh purchases and Cash Advances. Tho margin for Visa Gold purchases for the period OGober 19, 1999 though Sepkmber 30, ;s 4.00%. The margin for Visa Classk Is 5.50°6 for twlh
purchases and Cash Advances. The margin for Visa Classic Rata Shaver Is 2.00% for born protheses ant Cash Advances, wb)ect to a floor of 9.9% for the Visa CWssic Rata Shaver program, index is Ina higMst Pdme Rate published in the Wall Slreel
Jounkl. The index will be measured as of Ufa last business day of uha previous month. Arty increase fn Ins Annual Pacentape Hate wilt cause the amount of the minimtxn moruhly payment to incr The Annual Percahlage date will never exceed 21 % or me
maximum allowed by kw, whi0hever is lass.
C- Method A • Aversyyt Oally Balance (Inelndtap Naw CradN Purehasea-: A Finance Chharge writ be Imposed an Cash Advances Irom uw date made or from me Ilrsl day of tlta bilUng cycle in hich the Cash Advance is ponied fo your account, whichever
iS lalw, and itAll continue la aurae unlH the date of payment A Firance Charge will bo imposed on Credit Purchases ban Mb desk the Credit Purchase is posted to your account and will continue t arxrr~e until Ure date nt payment, it Method A applies to par
chases.
The f irtanc~e Charge for a blllin9 cycle is computed by appylrp ate mOrUhry Periodic Rate b rho average deity oalanc~e, which k datermirhed q' tlivldinq the wen of lha dally halarkas ducirq the bi hp cycle by the numbs at days in ins cycle. Each tlaity bal-
ance is determined by adding to the Previous &lance (the outstanding ttalarhce of yew arrAUnl at uu bep)rurinp d Mhe billing cycle) any new Cash Advances received and any new Credit Pw posted to yew aarount, and suonauinq arty pa;:nems as
received or credits as posted to yew account but excluding arty unpaid Finance Charges.
0. Mathad G - Awnpe Golly lalaau (MaIddTAp Naw Csadlt P0-eAasaa): A F'rrtactce Charge will be imposed on Credit Purchases only M you ded rot to pay the erdlro New Balance of pu sbawn an your monthry slatemam for the previous biUinq
cycle within 25 days hem the Gosinp desk al mat sktemant. It you slat not to pay the entire New Balance of purchhases slwwn on your prevous moNhly sdlerrtertt tvhlhin the 15-dry period, a Fi Charge will tre lmpos~ on Uhe unsaid avenge daily bal-
ance d such CredU Pwdtases ban Mtn previom slatanoM ebsinq desk and on new Credit Pwdtaves hem Ste date of posting to your arxwuM dwktp Ute carrell bilUng cycle, and will continue to ao«ue until Ube rinsing date of Mha billirp cyGo preceding me
date on which d,e entire New Balance of pwctkses is paid In full or until are desk of payrttent M more tlun 25 days Irom Ute closmq desk.
Tthe Firtartce Charge Ice a dilllnq cyMa is earmptlted by applying the monthly Perlodk Ralo b the average daily batartce of CredU Purchases, which is determined by divldinp Mk svm of the dally lances during ate billing cycle hY Use number of days in the
cycle. Each dally balance of Credit Pwrdtases is determined by adding to Ube outslandirp unpaid balance of Credit Pwrir~ al Ins ftegtnnirp of Ifs billing cycle any thew Cradtt Protheses posted w your account, and subuaainq any payment as received arw
rrMits as nested ro your account, inn excluding any unpaid Finance Charges.
,.,..mourn n4 ACI/FRCP
Ezhibit "B"
If this method G also applies to Cash Advarkxs, a Flrtarx;e Charge will be imposed on Cash Advances hem the date d the Cash Advance er Irom the first day of Ne blllkaq cycle in which urn Cash Advance Is posted to your accourn, whichever is later, and w
bNawisti be ralnrlated in ttae same manna as aplalrred above for Credtt Paratiases.
10. DNaull. You will be in default If you fail to make cry minirhum paymam or o8aer required payment CY Ule dale that A is due. You will be in tlelatdt ii you break any promise you make under Sds Apreemaat. You wi0 be in defauU it you die, file for baduupicy,
:Rwme iruolvent, that is, unable to pay your odigatlons when ttteY become due. You wiR tae In rtetardl it you make am false or misleadlnp atatetnents In arty cad'A application or updaU d oredll Inbrrnatlm. You will also De in deFwll U snrtualnirp happens wni~
we believe may subslanllally reduce your adldy to repay what you owe. When you are in default we can demand Immediate paymern of hte cake amount you owe under tds AgreaneM wlUtout gtvinq you advarrce notice. d Immediate payment is denarbed, you w
continue to pay Interest, at the applicable Imerest rates in Nled under this ApreerrtenL until what you acre has been repaid. Ii demand for immedlata payment has bent made, the shares and deposiU given as seaairy for payrtlent under This AgreemeN pn be appli~
towards what you awe. We can also take appropNete acliar as atditorktd abler bIO Unttoml Canmemtal Codd b repossess any orb all collakral plodge0 W secure repaymera under this Agreement. ie the extent permiked by taw, you will ease ix required to pay o
collection expenses, incfrbirq court costs and reasortable auomeys' tees. We can also mtaclse arty omer rlgds given by law wfaaa you arc in degtr8.
11, Uslnq IIN Card. You ntay use Ilse adual Card, Card Account numbs and/or PIN b make traruarAalS. You will relate the copies d the trulsadion slips lumishad to you In ceder to verily your monthly statemeN.
tY. getums sad Adjustments. MerdraNS and others who honor the Card may give credit or robrns or aA)ustmenls, and eery will do so by sendlnp us a credit slip which we wilt post to your Account. II your credits and payments exceed what you owe us, we w
hold antl appry Nis unlit balance toward hdure purchases and Cash Advances, or it it Is one dollar or man, refund It on your wrMen request or automatlcalry abler six monads.
1S. Iklnq Vla Corrvenbnce Cheeks. You may use your Visa Convenience Creeks, ii available, as you would use your Card Io obtain a Cash Advance or M make a purchase or paymen! Your Visa Convenluvtce Checks directly access your AccduN. All purchasr
payments arb Advances made with a Visa Cornenience Crtock orb paid d/ us are treated as Cash Advances haeundnr and, except as oNawise indlcatod, are subject to all terms of this Apreemerrt pertaining td Cash Advances and to Uie IollorAng additional tam
A. Nu Visa Convenience Check may be used to make a paymarn on your AccouN.
B Onry Use person wtlose name ceppears on a Vlsa Convaderace Clvxk may use them.
C. Visa Conveniarce Checks must be wduan In U.S. Dollars. Visa Comeniorace Cheeks may nd De catiGetl.
D- We may reNrn a Visa Corrvenience Ctksck unpaid it !hero is not enough available credal do your Account to pay it y your AccuuN is in deault, or it your Card or any Vlsa Convenience Checks have been reported lost or stolen A St0 tae watt be charged I
each retorted Visa Convenierrrs Chock.
14. Foreign TranaMlons. Purchases arxl Cash Advanms made in foreign coumrles and laelgn arnencles will Ua filled In U.S. Dollars. Tire conversion rare to ddlars will be al (q Ure wholesale market rate a (ii) tea gdvanmeN mandated rare, whichever is appy
able in slice! one day prior to the processing date, inamsal CY are-percau. On foreign transacliaas you agree W pay aU arrerrdy exchange ctwgas.
16. Merchant DNpules. We era rat responslda for the relusai d any merchant or flnanclal ilasiRNlon Iu lane your Cud or Visa Convenience Checks. Except wllh rasped to purchases made wdh a Vlsa Carnaalertce Check, we are subjeq Io oaten and deters
(other than tort Calm) arlsirq out of goods a services you padrase wllh 8ta Card anry If you have made a good a0r attempt, bd have been unable to obtain selisgdion Iran 11te merchant, and: (a) your patiaase was mark in resporkse to an ad+rortisement we se
or panicipalad in undlnp to you; or (b) your purrNase host more Than Fiuy Dollar (S50) end was made Fran a marched In yew stale or wBhka one hundred (100) mites d your home. Arty raNa dlspules you must resdve diledry wish xrch morclaanL
16. Security lalaest. Tn secure your account, you gram! us a purdtasa money seaalry interest under Ste Unltorcn Canrtwrcial Code fn any goods you purchase through Sae accoum. N you delauU, we will Have h>e right to recover any of itnse goods which have r
been pain for Nrotagh our apptiwtlon of you payments m 81e manner desalted in paragraph 10.
Pledge of Shan Acwunt(s) • NDTE: Yea pledge td ore end gnrd a security lalereat In till ieitN and Individual auounls you have with MemYen 1d FaAenl Credit Uelon nor and In the Mun, accept slwra in Indlvldual
Retlnment Accoards and aaound torus 1ha pledge a treater of which would awe the loan of a Isx•eaempl or la:•dNerred statue, to aeean year croft and aewuat. You aatltoAu a to appty IM balance In Ibesa
account(s) Io pay arty ettaunla due uadertlrls agrNmeM it you should delarlt.
17. Feu and Other Cturges. The lollowirq lees and other u~harges will bo added to your AcwuN, as applicable:
A. Anrnwl Fee
Visa Platinum._ ..... ................None Visa Gold _.......................NOne Visa Classle................._.None Visa Classic Rate Shaver ..............None Visa Convenience Check........_...None
B. fate Paymard Charges. II you tail to pay tltd minimum payment on your Account wltltin five (5) days of the dlsdosed dire date, a late payment charge of S20 wUl De added to your Accarnt.
D. Durrrtant Account Fgg,_(fyou do not have an Gnanclal actlvrly on your raped of 2/ months a domrud atxaum tee W 323HWAfII E CttAROE wIG be added to you Accout~. j
"ROurnneJJClnerk Fee. d a c~(C ors re u o a paymen on your Amount s rdddunpard~irc~8~611SF'"btioi artyolf`ie~a531ryaQWB148 Biarged a fee of t10 for each item raNrned.
f. Rrdurrwd Statement Fce. You wUl be charged S11or each statement Ural is returned.
G. Copies of Visa Vouchers and SWerrenLs. You will be dnrpad S3 for mpies d Sales Dnits, Credo Vouchers, Cash Advartce Vouchers and photo copies of your Visa Statements.
18. SMIp Payment Option, We ntay allow you, hem limo to !!tree, to snit a monthly payment Vy6 wilt ndlfy you as to arty month in which the option Is avallabk, 8 you onto a payment, FINANCE CFUWGES and insunrta premium, if any, will accrue on your baler
m accordance wiN This Agrcelnenl A skip payment does not ezknd the paiod wlNln which yet must pay hk New BaWnte Total in ceder to rAmplelery avoid FINANCE CHARGES on purchases. A minlmum payment will be due in the monN lollowinq the month
which yet skip your payment.
19. EHeetiw Apteement. This Agreement is a mNred wtdch applies to all uutsactfons on your Ameunl, even though Uao sales. Cash Advances, aerGts fir other slips you slpn a receive, may eontdn dlNerent lemn. We trey amend this Agrcemed from time td tlr
by sendlnp you advance written notice as roquked by hw. Your use d dtv Card, a Visa Convenlatca Check, thaoa8er will Indkale your apreartent M any wch anrendrrraat. To the exlaN the law percolU, and as we ;nduxte in our notice to you, amenrlrtwrts will apt
to your ezisiinq Account baance as wall as W tutors trensactioras. This Agreemed shall be construed in amordaace with the taws of the Commortvvaallh of Panroylvania and rolevant Federal Laws.
YOUR BILLING RIGHTS KEEP THIS FOR YOUR RECORDS
This notice wntalns Intporlanl inlormalbn about your rights and oa responsiblllGes under the Fair Credal Bluing Ad.
NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR LOAN ACCOUNT STATEMENT
II you think your statement is wrung, or it you need man Inldrmalion about a uartsaction un you slatetnenl, write us un a sepalate steel of papa at fife address listed on your statement Write to us as soon as possible. We mutt Mar from you no later than ti0 days
alter we send you the lust statement at which the onor or problem appeared. Yuu can Iralephone us, but doing so wilt not preserve your rights.
In your !coot, yaw; us ma tollowinq inlormarion.
• Your name and Account number
• the dollar amount nl the wspected srcor.
• Describe ate error anti explain. if you ran, wiry you believe fifers u an era. II you need rare inlormNion, desaibe the item you are tact sum about.
If Ure amount on Ire sgtemanl does not correspond to Uae amount of your sales slip or yw have not recetvre0 the props credal on your statement for merchandise reamed, a copy ar the sales sup must aaanpany your mna.
It you have auUtariwd us to pay you Aaamt automaligpy kont your Savings or Checklrq Aanunt, you ran stop Nor payment an arty amour! you think is wrong. To slap the paymern your leher must rcech trs three (3) busirwsc Days before fife automatic paymeN is
scheduled to amur.
YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE
We must acknowledge your leper whnin 30 days, urness we have uvxreded the ercor by titer. Wilde 90 days, wre must either coned the spar or exphtin why we believe the slatarrem was corced.
Ahar we receive your totter, we cannot try a collect ar1Y amoud yar question, or report you es daliraquatt. Wa care caltinua to sand statements to you tar the amount you quastlon, including Firertce Charges, and wo can apply anry unpaid amount a~inst your
cradle IImiL You do not have to pay any quaslioraed amount whit we are hrvestipating, but you ate still odigeted to pay the parts of your staterraenl dtitt arc not in question.
II we land that we made a mLsnke on your statement, you will nut have to pay arty Finalrco Chupes related ro any rprestioned amount II we dbnl make a mistake, you may have to pay finance dnrges, and you will ttaw, to make trp any missed payments on Ute
questioned amount, In eider rase, we will send you a Slalenaerrl of Ne amount you owe and tlae date that it is due.
If you fail W pay the amour! Thal we think you eve, we may repou you as dNlnquenL However, q our eatplanation does not salisty you anti you write m us w8htn ten days telling us 8vlt you still rehrso tb pay, we must sell anyone wre repod you to that you have a
question abed your statatwnal. And, we must feu you the name of anyone vre repotted you lo. Wa must teU arryene we report you to Brat the matter has freer sdtled beeweorr us when it lirglly Is.
SPECIAL RULE FOR CREDIT CARD PURCHASE8
h you haw: a problem wiN the quauty of luopeny fir servlas Brat you purd~~sed with a credll wrd, and you have tried in good fallh to wrcea the problem with Uae merchant, you may have me right not to pay the remaining tumunt due on the progeny or service
There are hvo IimiUtians on Nis right (a) you must have made the pagaase In your home slate or, d nd within your home stale, within 100 rtdlas d your cwrent malting address; and (b) the purchase price must have heat more than 550.
These IimitaUorus do nd apply 8 ute credit qr0 Issuer awns a operates the merchant, or mailed you dw advenisemont for tl>a property or sarvkas.
KARL M. LEDEBOHM
ATTORNEY-AT LAW
P.O. BOX 173
New Cumberland, PA 17070-0173
Phone: 717-93 8-6929
Fax: 717-932-0317
Of Counsel: Richard P. Mislitsky, Esq.*
March 15, 2010
(Via Certified and regular mail)
Robert K. Cocklin
Christine M. Cocklin
1265 High Street
Boiling Springs, PA 17007
Christine M. Cocklin
229 Lincoln Street, #A
Carlisle, PA 17013
RE: Members 1St Visa Account No.: 4121-4499-9884-9561
Dear Mr. Cocklin:
Dear Mrs. Cocklin:
THIS CORRESPONDENCE IS FROM A DEBT COLLECTOR. THIS
LETTER AND ANY SUBSEQUENT CORRESPONDENCE FRDM 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 September 6, 2009 in the amount of $225.00. 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 $12,023.25 itemized as follows:
1. Principal $11,134.67
2. Unpaid Finance Charge 630.58
*Also practices independently as Richard P. Mislitsky, Esq.
Exhibit "C"
3. Unpaid other fees 90.00
4. Legal Fees 168.00
5. Total due to Member 1S` as of 3/15/10 $12,023.25
If you fail to deliver to my office at the address set forth above payment of'the
$12,023.25 within thirty (30) days of the date of this letter, Members 1 S` 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 be responsible for the payment of additional reasonable legal fees and costs of suit
incurred by Members 1 S`.
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
1 S` . Nothing herein shall constitute a waiver of any rights or remedies which Members
1 S` 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 S` to postpone or
extend the maturity date of the obligation.
Members 1 S` looks forward to the payment of the $12,023.25 on or before April
14, 2010.
Very trul
'~~~f r
,~ .
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~~ ,• ~~/
1 M. Ledebohm
CC: David Thomas, Collections Officer
CC: Vortex Debt Group, 3280 Suntree Blvd., Suite 101, Melbourne, FL 32940
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 notify the
undersigned debt collector in writing within thirty (30) days of the receipt of this notice
that you dispute the debt or any portion thereof, the undersigned debt collector will obtain
verification of the debt or a copy of a judgment against you, if any, and mail to you a
copy of such judgment or verification.
If you do not dispute the validity of the debt or any portion thereof within thirty
(30) days of the receipt of this notice, the undersigned debt collector will assume the debt
to be valid.
If the original creditor of this debt is different from the creditor stated on the front
page of this letter, the undersigned debt collector will provide you with the name and
address of the original creditor upon written request from you within thirty (30) days` of
your receipt of this notice.
The "undersigned debt collector" means the name signed at the end of this letter
appearing in print at the top of this letter.
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^ Complete Items 1, 2, and. 3. Also complete
Rem 4 if Restricted Delivery is desired.
^ Print your name and address on the reverse
so that we can return the card to you.
^ Attach this card to the back of the mailpiece,
or on the front tf space permfts.
A. Signature
^ AQent
1. Article Addressed to:
Robert K. Cocklin
12b5 High Street
Boiling Springs, PA 17007
g, R~+ed by (Printed Name) C. Date of Delivery
D. Is delivery address di}feteM from Rent 1? ^ Yes .-
lt YES, enter delivery address below: ^ No
3. Servk:e type
~ert~ Matl ^ F.agxess Malt
p Registered ~Betum Receipt for Merdtertdlse
D Ursured Mail ^ C.O.D.
4. Restricted Delivery? (Extte Fee) ^ hiss
2• N"""om 7DD? 149D DDDD 938D 3982
(Tntns/ef from seMce Abel)
P$ Form 3811, February 20th Dornestlc Return Receipt trYL595.42-M-154o ,
i
BRS lsj k'EDERA,I~ iN THE COUKT OF COMMON PLEAS
f UNION CUMBERLAND COUNT'X,
PENNSYt.,VANIA
PLAk'
Vs. NO.: 10.2813 Chia Tenr~a
~T IC.. COCKL~1
CiNE M. COCKLIN
DEFENDANTS C1VII.. ACTION-LAW
VERIFICA'~'IOl`i
I, David Thomas, i.ead Collector fox Members 1 ~ Federal G`tedit Uzuon, being
lxhorized to do so on behalf of Meaabexs 1 ~ Federal Cz~diit Uaion, hereby verify that the
atements made im the foregoing pleading are tzue egad correct to the bcst of xn~y
oraaation knowledge and belie€. I waderstand that false statements are made subject to
e penalties of l8 Pa. C.S.A. Section 4944, relating to uttswoxn falsification to
Merz~bers 1~ laederal Credit Unirna
David Thomas, Lead Collector
6
Karl M. I,edebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070
(71738-6929
MEMBERS 1 J 1 FEDERAL
CREDIT UNION
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v NO.: 10-2813 Civil Term
ROBERT K. COCKLIN and .
CHRISTINE M. COCKLIN
DEFENDANTS :CIVIL ACTION-LAW
CERTIFICATE OF SERVICE
I, Karl M. Ledebohm, Esquire, hereby certify that on the 21st day of June, 2010, I
served a true and correct copy of the foregoing Notice to Defend and Claim Rights and
Amended Complaint upon the following individuals by first class mail, postage prepaid,
addressed as follows:
Michael J. Pykosh, Esquire
2132 Market Street
Camp Hill, PA 17011
(Attorney for Robert K. Cocklin)
Christine M. Cocklin
229 Lincoln Street, #A
Carlisle, PA 17013
Date: June 21, 2010
'Karl M. Ledebohm, Esq.
Attorney for Plaintiff
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070.0173
(717)938-6929
Karl M.Ledebohm,Esquire
P.O.Box 173
New Cumberland,PA 17070-0173
(717)938-6929
MEMBERS 1sT FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
V. NO.: 10-2813 Civil Term
ROBERT K. COCKLIN and
CHRISTINE M. COCKLIN c �.
DEFENDANTS CIVIL ACTION-LAWS
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PRAECIPE TO SETTLE,DISCONTINUE AND END
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TO THE PROTHONOTARY: c
Please mark the above captioned matter as settled, discontinued and ended.
Respect ly i ed,
Date: September 18, 2013
arl M. edebohm, Esquire
Supreme Court ID#59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff