HomeMy WebLinkAbout10-5366
SUSQUEHANNA VALLEY dow A ?7 P?( ?, ' THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
FEDERAL CREDIT UNION Z g J 1 i E.
PLAINTIFF PENNSYLVANIA
V. CIVIL ACTION - LAW
MICHAEL A. WOLF AND
RACHEL A. WOLF,
DEFENDANTS NO. 10 - 53W awit ITee
NOTICE
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:
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277 O
Supreme Court ID 62063
* 9a. 00 P b ATri
e-r4362
0A4870
SUSQUEHANNA VALLEY
FEDERAL CREDIT UNION
PLAINTIFF .
V.
MICHAEL A. WOLF AND
RACHEL A. WOLF,
DEFENDANTS
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
NO.
COMPLAINT
1. The Plaintiff is the Susquehanna Valley Federal Credit Union with a principal place of
business located at 3850 Hartzdale Drive, Camp Hill, Cumberland County, PA 17011-7809.
Plaintiff is a federally chartered non-profit credit union
2. The Defendants Michael A. Wolf and Rachel A. Wolf are adults residing at 1742 Rocky
Rd, Dover, York County, PA 17315.
COUNT 1: SVFCU LOAN
3. On October 19, 2009 the Defendants executed a Loan Agreement attached as Exhibit "A"
in the amount of Nine Thousand Four Hundred Eighty Three and 39/100 ($9,483.39) Dollars at
9.49% per annum.
4. The terms of Exhibit "A" required 60 monthly payments of $198.51.
5. The Defendants have been late numerous times in paying the minimum payment due on
the Loan with $774.04 past due and a balance due of $9,013.62 as of August 11, 2010.
6. Defendants have made no regular payments despite repeated requests.
7. Pursuant to the Loan Agreement the Defendant agreed to pay court costs all "attorney
fees" incurred in any collection action.
WHEREFORE, Plaintiff respectfully requests entry of judgment in the amount of
$9,013.62 (principal plus past due interest) at 9.49% interest from August 11, 2010 with a per
diem of $2.34 together with all court costs and an award of attorneys' fees.
Respectfully submitted,
By:
HAvell Law Firm
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court ID 62063
08/12/2010 08:06 7177701278 HOWELL LAW FIRM PAGE 02/10
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
un3worn falsification to authorities. I verify that I am the President of the Susquehanna Valley
Federal Credit Union and that I am authorized to execute this document.
? JJ
__
AL A
By. ?d?
Steven 3, rindamour, President
SVFCU
Date: g/1 2419
SUSQUEHANNA VALLEY
FEDERAL CREDIT UNION
3850 Hartzdale Drive
?.? Camp Hill, M 17011-7809
(1-?
(717) 74-7- A Open-End Voucher
and Security Agreement
RRO F.0
BORROWER 1 NAME ...........:.::::::.:.:.:::•>:a:o:;•:::;: ;:;.>:<•;:>:;::•;»::;;:?:o:::;:L:f::::::i:>::
Rachel A Wolf ACCOUNT NUMBER AMOUNT REQUESTED DATE
4enro s 9,483.39 10/05i2nno
BORROWER 1 ADDRESS
1742 Rocky Road
Dover, PA 17315
HOME TELEPHONE NUMBER SOCIAL SECURITY NUMBER
(717)645-8364
BORROWER 2 NAME ACCOUNT NUMBER
Micheal A. Wolf ..er.?
BORROWER 2 ADDRESS
1742 Rocky Rd SOCIAL U,R` NUMBER
Dover, PA 17315
PURPOSE: Other
DEPOSIT CHECK IN ACCOUNT NUMBER/OTHER:
CHECK PAYABLE TO:
REPAYMENT METHOD: Cash
BORROWER 1 EMPLOYER NAME
Gettysburg Eagl eS WORK TELEPHONE NUMBER DATE HIRED GROSS MONTHLY SALARY
$2
215.29
BORROWER 2 EMPLOYER NAME ,
N.B. Leibman WORK TELEPHONE NUMBER DATE HIRED GROSS MONTHLY SALARY
NOTICE: YOU DON'T HAVE TO INCLUDE INCOME FROM CHILD SUPPORT $3,488.38
, SEPARATE
MAINTENANCE, OR ALIMONY UNLESS YOU WANT THE CREDIT UNION TO CONSIDER IT. SOURCE OF OTHER INCOME
OTHER MONTHLY INCOME
LIST ALL DEBTS OTHER
THAN
TO THIS CREDIT
•
.•
................:.:
'.••
.?:? ;?:::?•
UNION Attach
( additional
sheet(s)
fn
iecassary.)
RESENT BALANCE
ONTHLY PAYMENT
CURR
ENT INTEREST RATE
Installment MEMBERS 1ST
Installment SUSQHANA CU a 20,423.00 $ 760.00
0 %
Credit Card WASHMTL/PROV s 3,392.00 $ 119.00 0 %
WLSFGR HMMTG a 3,452.00 a 121.00 0 %
6,978.00 1 260.00
<- _ zi31a?13?"E1 ii:rti(?E .IG'k:x*t!1?fwt...t?r.rs.:,:rn....,...a..:..:.?: c<?<...::.. -:;774: :.::.,:.....,.-_ 0
You can now voluntarily elect to become insured with the coverage(s) shown below. In order for coverage to become effective you must meet all
insurance eligibility requirements stated in the Credit Insurance Application/Schedule. NOTE: The insurance you're applying for contains certain
terms and exclusions; Refer to your certificate for coverage details. If you need a copy of the Insurance Certificate, just ask. By signing below,
you authorize us to add the charges for the Insurance to your outstanding balance each month. Coverage election applies to the entire balance on this
subaccount. Insurance rates are subject to change.
YOU ELECT THE FOLLOWING: COST PER $100 OF YOUR NAME OF INSUREDS)
MONTHLY LOAN BALANCE
No Single Credit Disability SEE SEPARATE
No Single Credit Life RATE SCHEDULE
.070
No Joint Credit Life .17
>. DAILY PERIODIC RATE ANNUAL PERCENTAGE RATE INTEREST RATE IS: OTHER FEES (Amount and Description) NEW BALANCE THIS SUBACCOUNT
Z .026 % 9.49000 % Fixed $
a 9,483.39
O MOUNT ADVANCED PAYMENT AMOUNT DATE DUE PAYMENT FREQUENCY LINE OF CREDIT LIMIT REMAINING LIMIT
N s 9,483.39 $198.51 10/23/2009' Monthly : a
PROJECTED LOAN TERM FOR INSURANCE: 60 MONTHS
Z '
O
.........::......
9A i
THE ADVANCE IS SECURED BY YOUR SHARES, ALL PROPERTY SECURING OTHER PLAN ADVANCES AND LOANS RECEIVED IN THE PAST OR IN THE FUTURE, AND THE FOLLOWING
O PROPERTY/MODEL
UJ Comaker YEAR I.D. NUMBER VALUE KEY NUMBER
v a
IX $
O
a
U LL
PLEDGE OF SHARES ACCOUNT PLEDGE OF SHARES ACCOUNT
AND/OR DEPOSITS a NUMBER AND/OR DEPOSITS III NUMBER
...
BY below
by endorsing signing d i
ors ng
Y the
check proceeds
or b usin the unt advanced 1. To make and be bound by the terms of this Securi by g ?Oding the cross and deposited into your share/share draft account you agree:
2. The above information is true and correct and the CrUnioill rely on that Information and yyoourr credit report to make a credit decision;
3 Tmake payments as disclosed above in accordance with the terms of your Plan.
IGNATURE r-JOWNER OF COLLATERAL (Other than a Borrower) DATE
CUNA MUTUAL GROUP, 1980, 82, 84, 86, 89, 98, 99, 2000, 02 ALL RIGHTS RESERVED
DATE
f
(BEAU
SIGNATURE OWNER OF COL DATE
CREDIT UNION COPY vxX065(LASERI
Susquehanna Valley Federal Credit Union lRachet A Wolf' Date 10/05/2009
SECURITY AGREEMENT
In this agreement all references to "credit union," "we," "our," or
"us" mean the credit union whose name appears on this agreement
and anyone to whom the credit union assigns or transfers this
agreement. All references to "you," "your," and "borrower" mean
each person who signs this agreement. All references to "the
advance" mean the amount in the box labeled "Amount Advanced"
on page one. All references to "the Plan" mean the Credit
Agreement under which the advance was obtained. Some of the
provisions of this agreement apply only if the Credit Union is state
chartered. A credit union has a state charter if its name does not
include the words "Federal Credit Union" or "FCU". This is a
multi-state document which may be used to lend to borrowers in all
states except Louisiana and Wisconsin.
1. THE SECURITY FOR THE PLAN -- By signing this security
agreement in the signature area or under the statement referring to
this agreement which is on the back of the check you receive for
the advance, you give us what is known as a security interest in
the property described in the "Security Offered" section on page
one. 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 advance or any extensions, renewals or refinancings of the
advance. 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 security
interest secures the advance and any extensions, renewals or
refinancings of the advance., It also secures any other advances
you have now or receive in the future under the Plan and any other
amounts or loans, including any credit card loan, 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, the
property will secure only the advance and not other amounts you
owe:
3. OWNERSHIP OF THE PROPERTY - You promise that you own
the property you give as security or if the Advance is to buy the
property, you promise you will use the Advance 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 advance 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. If asked to do so, you promise to sign a financing
statement. You also promise to do whatever else we think is
necessary to protect our security interest in the property. You
promise to pay all costs, including but not limited to any attorney
lees, 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 advance has been paid off, you
aromise you will: (1) Use the property carefully and keep it in good
epair. (2) Obtain our written permission before making major
:hanges to the property or changing the address where the
xoperty is kept. (3) Inform us in writing before changing your
address. (4) Allow us to inspect the property. (5) Promptly notify
is if the property is damaged, stolen or abused. (6) Not use the
xoperty for any unlawful purpose.
i. CONSUMERS' CLAIMS AND DEFENSES NOTICE - The
'ollowing paragraph applies only when the box on page one is
:pecked,
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT
CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES
WHW14. THE DEBTOR 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.
7. "PROPERTY INSURANCE, TAXES AND FEES -- You must
maintain property insurance on all property that you give as
security. under the Plan. You may purchase the property insurance
from anyone you choose who is acceptable to the Credit Union.
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. You also promise to
pay all taxes and.fees (like registration fees) due on the property.
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 advance and
you will pay interest on those amounts at the same rate you
agreed to pay on the advance. 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 advance may
include (1) the insurance company's payments to us and (2) the
cost of determining compliance with the insurance requirements. If
we add amounts for taxes, fees or insurance to the unpaid balance
of the advance, we may increase your payments to pay the
amount added within the term of the insurance or approximate
term of the advance.
8. 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
liability insurance and will not satisfy any state financial
responsibility or no fault laws.
9. DEFAULT - You will be in default if you break any promise
you make under this agreement. You will also be in default if you
are in default under the Plan. If you are pledging property, but have
not signed the Plan, you will be in default if anyone is in default
who has signed the Plan.
10. WHAT HAPPENS IF YOU ARE IN DEFAULT -- The following
paragraph applies to borrowers in Colorado, District of Columbia,
/owe, Kansas, Maine, Massachusetts, Missouri, Nebraska, West
Virg um and state chartered credit unions lending to South Carolina
borrowers. When you are in default and after expiration of any
right you have under applicable state law to cure your default, we
can demand immediate payment of the entire unpaid balance under
the Plan without giving you advance notice.
The following paragraph applies to borrowers in a// other states
and federally chartered credit unions /ending to South Carolina
borrowers. When you are in default, we can require immediate
payment (acceleration) of the entire unpaid balance under the Plan.
You waive any right you have to demand for payment, notice of
intent to accelerate and notice of acceleration.
(Continued on next page)
0 CUNA MUTUAL GROUP, 1980, 82, 84, 86, 89, 98, 99, 2000, 02, ALL RIGHTS RESERVED CREDIT UNION COPY VXX065 (LASER)
Susquehanna Valley Federal Credit Union
The follo wing paragraphs apply to a// borrowers.
You agree the Credit Union• has the right to take possession of the
property given as security under the Plan, 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 Plan..
If you have agreed to pay the Advance, you will also have to pay
any amount that remains unpaid after the sale money has been
applied to the unpaid balance of the Advance and to what you owe
under this agreement. You agree to pay interest on that amount at
the same rate as the Advance, or, if applicable, at the default rate
disclosed on the Addendum, until that amount has been paid.
THE PROPERTY DESCRIPTION ON PAGE ONE IS PART OF THIS AGREEMENT. NOTICE: SIGN THIS AGREEMENT ON PAGE ONE.
REQUESTED: 09/16/2009 MEMBER PAYS
PREMIUM FOR:
APPROVED
CHECK NUMBER:
PLAN/SUBACCOUNT NO.: 6
BRANCH NUMBER: Main
PROCESSED BY: LNS
urnen
10/05/2009 DENIED LIMITS: DEBT RATIO/SCORE
IAdverss Action Np11Ce Sent) $ $ BEFORE AFTER
LOAN OFFICER COMMENTS **** overall Recommendation. REVIEW **** 8 9,483 39 S 44 0769 47 5573
SIGNATURES:
X
X
DATE
DATE
Rachel A Wolf
Date 10/05/2009
11. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN
-- 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 Plan, you
agree that this agreement will continue to protect us:..
12. CONTINUED EFFECTIVENESS - If any part of this agreement
is determined by a court to be unenforceable, the rest will remain
in effect.
13. NOTICE TO NORTH DAKOTA BORROWERS PURCHASING'A
MOTOR VEHICLE ---THE MOTOR VEHICLE IN THIS TRANS-
ACTION MAY BE SUBJECT TO REPOSSESSION. IF IT IS
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.
14. 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.
CUNA MUTUAL GROUP, 1980, 82, 84, 86, 89, 98, 99, 2000, 02, ALL RIGHTS RESERVED CREDIT UNION COPY
VXX085 (LASER)
SUSQUEHANNA
ALLEY
tk%?- FEDERAL CREDIT UNION
Addendum to LOAN LINER Credit Agreement
b
Truth-In-lending Disclosure
This addendum is incorporated into and becomes a part of your LOANLINER Credit Agreement.
The term APR refers to Annual Percentage Rate. Please keep this attached to your Loanliner
Credit Agreement.
The interest rate on your loan/line-of-credit 14877-6 dated 10/05/2009
is 9.4900 7. APR: Daily Periodic Rate: .026000
The "ANNUAL PERCENTAGE RATE" for a Loan or Line-of-Credit is based on certain credit-
worthiness criteria. The Line-of-Credit will have a draw period of five (5) years. On the fifth
anniversary date of this Line-of-Credit we will evaluate your credit-worthiness and either extend
the draw period another five years with a rate you qualify for at the time of your evaluation,
increase, decrease or remove the credit limit amount. You will be notified of any changes in
terms. Your monthly payment for your Line-of-Credit will depend upon your loan balance, and
will be determined at the time of the lost advance. The following payments will apply:
$100 - $2,Obq
$2,001 - $4,000\
$4,001 - $6,000
$6,001-$8 , 000
$8,001 - $11,
$1 1,001 - $1 ,
$15,000.01+
$50
$100$150
$200
x$275
$375
Share Secured Loons/Lines of Credit
2.5% of balance
If your Share Secured Loan is past due, the Credit Union will notify you. An account delinquent
45 days or more will be brought current only once by the Credit Union transferring funds from
shares/certificate. A second instance of 45 days or more delinquent will result in the Credit Union
satisfying the loan in full with your shares/certificate.
Other Charges
Collection Costs: You agree to pay all collection costs, including court costs and attorney's fees,
as permitted by law.
Late Fees: A $20 late fee will.be charged on all payments received more than 14 days past the
due date.
NSF Charge: You will be charged a $25 fee if your payment is made with a non-sufficient funds
check.
Filing Fees: If a security interest is taken, you will be charged the fee that particular government
agency levies to perfect that security interest.
3850 Hartzdale Drive - Camp Hill, PA 17011-7809
Local: (717) 737-4152 Toll Free: (800) 948-1454 Fax: (717) 737-0589
SUSQUEHANNA
ALLEY
FEDERAL CREDIT UNION
BY SIGNING, YOU VERIFY THAT YOU HAVE BEEN GIVEN A COPY AND AGREED TO THE TERMS OF
THIS ADDENDUM.
SIGNATURE G' SIGNATURE
4d
kl- Rachel A Wolf Mic t A. Wo
3850 Harfzdale Drive - Camp Hill, PA 17011-7809
Local: (717) 737-4152 Tolt Free: (800) 948-1454 Fax: (717) 737-0589
SHERIFF'S OFFICE OF CUMBERLAND COUN~TY~~rr.~,~
Ronny R Anderson ,°r T}~~ ~ ''",".~Y
Sheriff
3 4 Rt" €1~ i. f dial ~ d1 r'- "'~ .. .. r
Jody S Smith ~ ~ °~ s ! ~~_~ ~ E ,; ,~; i ~~ SJ
Chief Deputy -
Richard W Stewart ~~i~~,Y~.~r1E`~~
Solicitor ~~~ _ - __:~F
Susquehanna Valley Federal Credit Union Case Number
vs.
Michael A. Wolf (et al.} 2010-5366
SHERIFF'S RETURN OF SERVICE
08/18/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Michael A. Wolf, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint and Notice
according to law.
08/18/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Rachel A. Wolf, but was unable to locate her in his
bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint and Notice
according to law.
08/23/2010 04:13 PM -York County Return: And now August 23, 2010 at 1613 hours I, Richard P. Keuerleber, Sheriffi
of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint
and Notice, upon the within named defendant, to wit: Rachel A. Wolf by making known unto herself
personally, at 1742 Rocky Road, Dover, PA 17315 its contents and at the same time handing to her
personally the said true and correct copy of the same.
08/23/2010 04:13 PM -York County Return: And now August 23, 2010 at 1613 hours I, Richard P. Keuerleber, Sherif
of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint
and Notice, upon the within named defendant, to wit: Michael A. Wolf by making known unto himself
personally, at 1742 Rocky Road, Dover, PA 17315 its contents and at the same time handing to him
personally the said true and correct copy of the same.
SHERIFF COST: $53.44
September 10, 2010
SO ANSWERS,
RON ~ R ANDERSON, SHERIFF
SHERIFF'S OFFICE FJF YORK COUNTY
Richard P Keuerleber ~ PETER J. MANGAN, ESQ.
Sheriff ~"`* Solicitor
Reuben B Zea er `~~-~„~-
9 Richard E Rice, II
Chief Deputy, Operations ~ Chief Deputy, Administration
SUSQUEHANNA VALLEY FEDERAL CREDIT UNION
vs. I Case Number
MICHAEL A. WOLF (et al.) 10-5366 CIVIL
SHERIFF'S RETURN OF SERVICE
08/23/2010 04:13 PM -DEPUTY TERRY DRAWBAUGH, BEING DULY SWORN ACCORDING TO LAW, SERVED
THE REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY "PERSONALLY" HANDING A TRUE
COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: MICHAEL
A. WOLF AT 1742 ROCKY ROAD, DOVER, PA 17315.
r^
~ ~~
TERRY DRAWBAUGH, DE UTY
08/23/2010 04:13 PM -DEPUTY TERRY DRAWBAUGH, BEING DULY SWORN ACCORDING TO LAW, SERVED
THE REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY "PERSONALLY" HANDING A TRUE
COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: RACHEL
A. WOLF AT 1742 ROCKY ROAD, DOVER, PA 17315.
~~ ~,
TERRY DRAWBAUGH, DE UTY
SHERIFF COST: $43.50
September 08, 2010
Affirmed and subscribed to before me this
8th
day of SEPTEMBER 2010
SO AN WERS,
RICHARD P K ERLEBER, SHERIFF
NOTARY
CC~1t~10N`:'.'EALTH OF PENNSYLVANIA
NOTNRIAL SEAL
LISA L T~^Rp= NOTARY ?UBLIC
CITY OT YO-~~ YORK COUNTY
MY CO`.1~~1iSS CN E.XP'.RES A.UG. 12. 2013
SUSQUEHANNA VALLEY THE COURT OF COMMON PLEAS
FEDERAL CREDIT UNION CUMBERLAND COUNTY
PLAINTIFF PENNSYLVANIA
V. CIVIL. ACTION - LAW
MICHAEL A. WOLF AND
RACHEL A. WOLF,
DEFENDANTS NO. 10-5366 Civil Term
C? ?
TO: Michael A. Wolf cn
--a
1742 Rocky Road
Dover PA 17315
Rachel A. Wolf ' = r
1742 Rocky Road y= C?:
- ^z
Dover PA 17315
DATE OF NOTICE: September 15, 2010
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
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.
LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY BAR CENTER
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
AVISO IMPORTANTE
A: Michael A. Wolf
1742 Rocky Road
Dover PA 17315
Rachel A. Wolf
1742 Rocky Road
Dover PA 17315
ECHA DEL AVISO: September 15, 2010
USTED STA EN EBELDIA PORQUE HA FALLADO DE REGISTRAR
COMPARENCENCIA ESCRITA POR SI MISMO 0 A TRAVES DE UN ABOGADO
Y SOMETER CO LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS
QUE SE HAN PRESETADO CONTRA USTED. A MEMOS QUE USTED ACTUE
DENTRO DE DIEZ EN CONTRA SUYA SIN TENER DERECHOS A UNA
VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTRO S DERECHOS
IMPORTANTES.
USTED DEBE LLEVAR EST DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A
LAW SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE.
INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO
A PERSONAS QUE CALIFICAN.
LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY BAR CENTER
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
Respectfully submitted,
By:
well Lfw Firm
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court ID 62063
Date: September 15, 2010
Certificate of Service
I hereby certify that on the date set forth below a true and correct copy of the
foregoing document was served upon the party/parties set forth below by postage
prepaid, first class United States Mail addressed as follows:
Michael A. Wolf
1742 Rocky Road
Dover PA 17315
Rachel A. Wolf
1742 Rocky Road
Dover PA 17315
B
Date: September 15, 2010
~ .~.~
v
Michael & Rachel Wolf (Defendants)
Susquehanna Valley Federal Credit Union (Plaintiff) °
Case # 10-5366 ~; ~ ~ ~
Summons Answer ~ r ~
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To Whom it Concerns, ~ ~
We are writing today in response to the notice we received on Monday August
30~', 2010. This matter is concerning the loan we took out from the above plaintiff
SVFCU. We were unable to make the monthly payments for this creditor and several
others, so we enrolled in a Debt Settlement Program call Accredited Financial
Corporation. We by no means are running from any of our creditors, we've been enrolled
in the program now for about 5 months and the funds have just begun to be put aside for
payment to the creditors. We certainly want to resolve our debt, but at this time we are
limited to the funds to be able to do so. We have not ran from the payments, just had to
go about things a different way in order that all of our creditors receive payment
eventually.
To answer the complaint page of the summons, we would like to agree with all of
the complaints #'s 1-6, however we would definitely not be agreeing to the terms on #7.
We would like to disagree because we are in no way forcing this creditor to sue us, this is
not our decision to take this matter to court and we can't afford any other bills on top of
the ones we are currently experiencing problems with. Its all just another set back to our
schedule. Mike works two jobs and Rachel is enrolled in home school @ U.S. Career
Institute, while taking care of our 4 yr old Daughter Kimora. Our time is very precious
and we are just trying to get by until our situation gets better. Going through the courts
and spending more money is not in our budget. On top of all this, we have both spoken
to Matt @SVFCU, and made him aware of our financial problems and that we were
enrolled in the debt settlement program and that once the program goes into effect they
would definitely be receiving payment. The payment that we would be able to start with
them just isn't what they want obviously. Bottom line we are doing all we can without
going bankrupt.
Now we'd like to take the time to let you know what has lead to our financial
hardship. In late October 2009, Rachel unexpectedly lost her job of 9 years where she
was Assistant Manager and also head bartender. The job along with Mike's job of 7
years was what really allowed us to live the life we created for ourselves. Rachel's job
also providing the most income because of the tips she brought in everyday. Needless to
say currently there has been no job to compensate the money she was making there. Also
the job allowed us to take our daughter to daycare and we could afford it, now without
that same pay, it is impossible to work and pay for daycare. At the end of the paycheck
..
..,- -
we'd owe it all to daycare. Our daughter has one more year till she attends kindergarten
at Dover Elementary. Okay, it continues, Rachel had a major surgery in December 2009
at Johns Hopkins Medical Center in Baltimore Md. She has the disease Thoracic Outlet
Syndrome and they had to remove her top rib. The surgery had her disabled for a few
months and the disease is still there. Months later, Rachel and Kimora were traveling in
our Honda Prelude, we approached a stop sign that crossed a major intersection when the
brakes went out in the car. Thankfully no one was coming in either direction and we
went headfirst into a guardrail. The car was totaled and both of us were flown life-line to
Hershey Medical Center Shock Trauma. Kimora was released that night and Rachel was
in the hospital for a week. So that meant that we were down a vehicle as well. The
challenge of working, finding work, finding another vehicle, and trying to pay for daycare
was all just too much. Rachel has since then enrolled in school from home so she can
take care of our daughter while receiving a degree in Medical Billing and Claims
Specialist that will also allow her to work form home while our daughter is still not in
school. Michael works full time and is also training to become a public adjuster and that
will also bring in more income. We are certainly trying, we have some obstacles to
overcome and that's why we entered the debt settlement program. We feel it's the only
way we can get our creditors paid and we apologize that we can't stick to the original
agreements, but we were unexpectedly hit with some things we weren't planning to have
happen to us. Again, we are not running from SVFCU, nor are we running from any
other creditors we have, we are just doing all that we can possibly doing right now until
our financial situation gets better and like we've stated, we are certainly trying.
Sincerely yours,
Mr.&
Mrs. Michael Wolf
9-7-2010
~ ~ ~L ~~ `~
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Susquehanna Valley Federal Credit Union In the Court of Common Pleas of Cumberland
ula iff
Michael A. Wolf & Rachel A. TW O? County, Pennsylvania No. 2010 - 5366
Defendant
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States
a the Cons ' tion of this Commonwealth and that we will discharge the duties of our office with fidelity.
Signatu lgnature Signature
Philip J. Murren
Name (Chairman)
Ball, Murren & Connell
Law Firm
2303 Market Street
Address
Camp Hill PA 17011
City,
Zip
66113
Jaime L. High
Name
Coyne & Coyne, P.C.
Law Firm
3901 Market Street
Address
Camp Hill, PA 17011
City, Zip
10`r :L-
Award
Dawn N. Marron
Name
Law Firm
603 Market Street
Address
New Cumberland, PA 17070
City, Zip
?38L1p
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following
award: (Note: If damages for delay are awarded, they shall be separately stated.)
14w" 9, D ! 3, C?a ?_ ?"
t4 .cep-e 9.49.1,
OLt a -b
` 4 7?0, vD a,
Ar, itrator, dissents. (Insert name if applicable.)
o -1 4,-,o.2 tLe
Date of Hearing: December 13, 2010
Date of Award: December 13, 2010
Notice of Entry of Award I ?•l d S' I o
Now, the -day of -DZC 20 at 1 Qom, ?•M., the above L
award was erAer ec£ upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' com.pensatibri to be paid upon appeal: $ 00
By:
Prothonotary Deputy
OF THE PR THFtTARY
2010 DEC 15 AN 11: 28
CUMBERLAND COUNTY
PENNSYLVANIA
C-T &;Rc omau LWZ
A ? P. 4"4
_ _? In
SUSQUEHANNA VALLEY IN THE COURT OF COMMON PLEAS
FEDERAL CREDIT UNION, CUMBERLAND COUNTY,
PLAINTIFF PENNSYLVANIA
VS. ;-y
NO. 2010 - 5366 CIVIL TER4 ?
._. -ra
?'
MICHAEL A. WOLF AND
RACHEL A. WOLF
am N'
DEFENDANTS CIVIL ACTION - LAW c
'
7- "
-n
o
o - o r„
Praecipe to Enter Judgment Pursuant to Pa. R.C.P. 1307 (c) 7
TO THE PROTHONOTARY:
Since no appeal has been filed to the Notice of Entry of Award on December 15, 2010 please
enter judgment AGAINST the DEFENDANTS MICHAEL A. WOLF AND RACHEL A.
WOLF in the following amounts:
Principal Amount $9,013.62
Attorney's Fees 720.00 (Pursuant to Contract and Arbitrator Award)
$9,733.62
Plus all court costs and per diem interest of $2.34 (contract rate of 9.49% on $9,013.62).
Respectfully submitted,
By:
IH- well Law Firm
619 Bridge Street
New Cumberland, PA 17070
Supreme Court ID 62063
Attorney for Plaintiff
Date: January 18, 2011
NOTICE TO BE PROVIDED TO:
Michael Wolf
Rachel Wolf
1742 Rocky Road
Dover, PA 17315
( .1'A.00t>d 0`0?
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