HomeMy WebLinkAbout10-5667FILED-o?r ,E
OF ?Nc^^µ!'',?TARY
W SEP - I PH 2-' 23
CUMtBERL.tvju r
,OUN1Y
PENNSYL.Wg
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS I IT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
KATHLEEN P. FLANNERY
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 0-,iy II -rem
: 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 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 LAWYER. *gA.00 Pp Any
C 11001
k7 o?H? to/a
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) dies 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 defenses o
sus objectiones 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.
KATHLEEN P. FLANNERY
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
NO..
: CIVIL ACTION-LAW
COMPLAINT
AND NOW, comes Members I" 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 1" Federal Credit Union ("Members I" ), is a National
Federal Credit Union having a principal address of 5000 Louise Drive,
Mechanicsburg, PA 17055.
1
2. Defendant, Kathleen P. Flannery ( "Defendant"), is an adult individual having
a last known address of 925 Greenbriar Drive, Mechanicsburg, PA 17050.
3. On or about October 27, 2000, Defendant submitted to Members 1St a credit
card application (the "First Application") for a Visa credit card issued by
Plaintiff. A copy of the First Application which has been redacted to remove
personal information of Defendant such as mother's maiden name and account
number is attached hereto as Exhibit "A" and made part hereof.
4. Plaintiff accepted the First Application and sent to Defendant a Visa Credit
Card, account #* * * *-* * * *-* * * *-6690 (the "Visa Account") and the
corresponding Visa Credit Card Agreement and Disclosure Statement.
5. On or about July 27, 2005, Defendant submitted to Members 1St a second
credit card application (the "Second Application") for purposes of upgrading
the Visa Account to a Visa Gold Card issued by Plaintiff. A copy of the
Second Application which has been redacted to remove personal information
of Defendant such as social security number and account number is attached
hereto as Exhibit "B" and made part hereof.
6. Plaintiff accepted the Second Application and sent to Defendant a Visa Gold
Card in connection with the Visa Account and the corresponding Visa Credit
Card Agreement and Disclosure Statement.
7. From October 27, 2000 through July 28, 2005, the Visa Account was
governed by the Credit Card Agreement and Disclosure Statement (the "First
Credit Card Agreement and Disclosure"), a copy of which is attached hereto
as Exhibit "C" and made part hereof.
2
8. From July 28, 2005 through the date hereof, the Visa Account has been
governed by the Credit Card Agreement and Disclosure Statement (the
"Second Credit Card Agreement and Disclosure"), a copy of which is attached
hereto as Exhibit "D" and made part hereof. The First Credit Card Agreement
and Disclosure and the Second Credit Card Agreement and Disclosure are
referred to collectively herein as the "Credit Card Agreement and Disclosure."
9. Pursuant to the terms and conditions of the Credit Card Agreement and
Disclosure, Defendant 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.
10. Commencing on or about October 20, 2000 and continuing through July 24,
2009, Defendant made charges against the Visa Account.
11. Monthly statements regarding the Visa Account span approximately ten
(10) years, are voluminous and contain potentially private information
concerning Defendant. For the above reasons, said statements are not attached
to this complaint and filed as a public record but will be made available to
Defendant upon request.
12. Defendant is in default of Defendant's obligations under the Credit Card
Agreement and Disclosure and the corresponding Visa Account as a result of
Defendant's 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 l" on or about November 29, 2009.
3
13. By letter dated March 17, 2010, addressed to Defendant, Plaintiff demanded
the payment of all amounts due under the Credit Card Agreement and
Disclosure and the corresponding Visa Account. A copy of Plaintiff's
Demand is attached hereto as Exhibit "E" and made part hereof.
14. Defendant is currently indebted to Plaintiff in connection with the Visa
Account in the amount of EIGHTEEN THOUSAND TWO HUNDRED
THIRTY-SIX AND 60/100 ($18,236.60) DOLLARS itemized as follows:
a. Principal $16,045.07
b. Unpaid Finance Charge 901.53
c. Unpaid other fees 90.00
d. LegalFees 1,200.00*
e. Total due to Member lst $18,236.60
*Legal fees for collection are estimated in accordance with the terms and
conditions set forth in the Credit Card Agreement and Disclosure. Defendant
will be responsible for payment of actual, reasonable legal fees incurred by
Members 1St 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
15. Defendant also agreed under the terms and conditions of the Credit Card
Agreement and Disclosure that in the event of default there under Defendant
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.
16. Legal fees and costs continue to accrue on the above obligation as set forth in
the Credit Card Agreement and Disclosure through the date of payment.
4
17. As set forth above, Plaintiff has made demand upon Defendant to make
payment of all amounts due to Plaintiff under the Visa Account and
corresponding Credit Card Agreement and Disclosure and, as of the date
hereof, Defendant has failed and refused to make payment of all such amounts
due to Plaintiff.
WHEREFORE, Plaintiff, Members 1St Federal Credit Union, demands judgment
against Defendant, Kathleen P. Flannery, in the amount of EIGHTEEN THOUSAND
TWO HUNDRED THIRTY-SIX AND 60/100 ($18,236.60) together with additional
attorney's fees and costs of suit and interest at the 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.
submitted,
Date: August 30, 2010 lzk_. T
Supreme Court ID # : 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
VISA CREDIT CARD APPLICATION
00
V S A
DO NOT WRITE ABOVE THIS LINE
Process #
NEW APPLICATIOr: APPLICATION FOR
?
R
t
Sh
Members 1 AOCT. #
I
NAME GHAnGE IG1+L1
I ,
a
e-
aver
? ADD JOINT :.PPJC%,N
T ?
GOId
I
? INCREASE , IM,' ? Platinum
APPLICANTS F'JL. NAME FIRST INITIAL DATE OF BIRTH
SOCIAL SECURITY rIC
AST \
\
PRESENT STREE- ADDRESS APT
# CITY C
. STATE ZIP ,:C
E
I
HOME TELEPHONE NJ HOW LONG AT ADDRESS OTHEF'S MAIDEN NAME 1
AGES OF DEPEVOENTF :I S -iL.'er
1 e ]a I Cr,
_
r YRS MOS. .o E L lI AliEr
PRc IOJIOJ.i O
TME
41 'F LSS THAN 3 YEARS AT P
RESENT ADDRESS)
j
HOW LONG ST ,LUHES?
IRS.:7
PRESENT bCCJP."TICN PRESENT EMPLOYER DATE OF HIRoF r S. M fV- N N;
"
- Mo YR.
A 1C C 1-ar;TU9J
r' ;i
1,11 ERS AJCRE55 S REST NO CITY STATE ZIP CODE BUSINESS P,,C JE N'O
PREVIOUS EMPLOYER. OP SCHOOL ATTENDED
OCCUPATION
PREVIOUS EMPLOYER'S OR SCHOOL ADDRESS
i1CN
(IF LESS THAN 5 YEARS ,
H
INCOME FROM AUMONY, CHILD SUPPORT OR SEPARATE MAINTENANCE SOURCE OF OTHER INCOME A'nGUVT
PAYMENTS NEED NOT BE REVEALED IF YOU DO NOT CHOOSE TO HAVE IT
CONSIDERED AS A BASIS FOR REPAYING THIS OBLIGATION.
NAME OF NEAPEST REL,l lvE NOT '_IVING WITH YOU ADDRESS • CITY STATE H, LAT:ONSHiP
PHCNE -?
ARE You APPL N0 FOR
Indlvl IF THIS IS AN APPLICATION FOR A JOINT ACCOUNT OR FOR AN INDIVIDUAL ACCOUNT THAT YOU AND ANC;THEH PEFSON
Joint AccoCCO,nt 0 ? WILL USE, PLEASE PROVIDE THE FOLLOWING INFORMATION ABOUT THE JOINT APPLICANT OR AUTHORILEC' U 3D,
Individual Account -th Au:horized User O
RELATIONSHIP TO APPLICANT (if Anyi MBmberS 1+1 ACCT# (11 Any)
APPLCANTS FJL, NAME I FIRST INITIAL DATE OF BIRTH
;AST
PRESENT STREET ADDRESS APT# CITY
HOW LONG AT ADDRESS
PREViOU;; "f, 'L 4DJHE5, IF LESS THAN 3 YEARS AT PRESENT ADDRESS)
PRESENT OCCUP,?IOU
EMPLOYER 5 ADDRESS I)TRCET NO
PRESENT EMPLOYER
CITY STATE
SOCIAL SECURITY NO.
STATE if )[E
AGES OF DEPENDENTS
HOW LONG AT AUDRE SS
DATE OF HIRE LR Jf ° tA(P:T ilY INCOME
MO _el, c _ Pat ;ruar
ZIP CODE __
BUSINESS PHONE NC _
Exhibit "A"
PREVIOUS EMPLOYER. OR SCHCOOL ATTENDED
(IF LESS THANE YEARS) OCCUPATION PREVIOUS EMPLOYER'S OR SCHOOL ADDRESS HC W t )N 3
YR 3
N'O`.
INCOME FROM ALIMONY, CHILD SUPPORT OR SEPERATE MAINTENANCE SOURCE OF OTHER INCOME _
AMOUNT
PAYMENTS NEED NOT BE REVEALED IF YOU DO NOT CHOOSE TO HAVE IT
CONSIDERED AS A BASIS FOR REPAYING THIS OBLIGATION.
NAME OF NE
R -?
A
EST RELATNE NOT LIVING WITH YOU ADDRESS CITY STATE RELATIONSHIP i
PHONE --- -?
PROVIDE THE FOLLOWING INFORMATION ABOUT APPLICANT AND JOINT APPLICANT
Outstanding obligations and credit references (include charge accounts, installment contracts, credit cards, rent, mortgages, liability to pay alimony, child support, or separate mainte ia. ice pay n is, etc.;.
Give complete rst of all amounts owing.
Mortgage Horde, or man ?lor'I ? Own Mortgage Payment
? Rent
O Board
(Include Lot Pont) Mortgage Balance Estimated'/alue o' Re: I E tat,
Name of Cfedlt0'
it Atltlr ass Name m vlhsch Account is carried Accormt No MontGy Payments
--? Sal ncr Du
----
CHILD SUPPORT PAID - --
INSURANCE INFORMATION: Credit Card Chargegard credit protection is available to protect your VISA. A package of coverages include life, disability, and involuntary unemployme t F rotccti; n
O I would like information on the insurance coverage.
PLEDGE OF ACCOUNTS: By signing below, you pledge to the credit union and grant the credit union a security interest in the following accounts with Members f st Federal
Credit Union (Members 1st) to secure your Credit Card Agreement. If you list no accounts, you agree to grant to Members list a security interest in all accounts other than those Your account numbers)
that would lose special tax treatment under state or Federal law if given as security. You authorize us to apply any or all funds on deposit with the credit union to pay amounts
due under this agreement should you default.
A cant's signature Date Co-applicant's signature Date
By your signature below, you certify to us that all of the information in the above application is true and complete and given for the purpose of securing credit. and that you have no o'. her debts except those
listed You agree that we ;nay conduct such investigations of your credit and character as we deem necessary in order to act on your request for credit. You also agree to be bound dr tha M.: rrbers tst Visa
Card Holder Agreement A
NUMBER OF CARDS LE SIRED WINE ? TWO C THREE ? FOUR CREDIT LIMIT REQUESTED
C1 Check here if you wdWd like convenience checks. INCREASE CREDIT LIMIT TO
? Check here if you want a Transfer of Balance form mailed to you.
PLEASE Sls P AAA/)PPLICA)rIOOO/"EFORE RETURNING AND PROVIDE VERIFICATION OF INCOME.
APPLICANTS SIGNATURE
DATE l
DATE
DATE
JOINT APPLICANTS SIGNATURE (IF ANY) _
AUTHORIZED USER'S SIGNATURE (IF ANY)
AUTHORIZED USER'S SIGNATURE (IF ANY)
DATE
OFFICE USE APPROV DATE CREDIT LINE =BNCICE Dare 3rdered
/0' 0C
Commems; Condlilons Re Rejected INSURANCE OS MMCH ?PrJL
EC DO CH IC AH If
x +wnerr: _ ;:-.,ter
LAL. L ., a to I ??
VISA CREDIT CARD APPLIC ION
IMPORTANT: Read these directions before completing this application. Process +
O If you are applying for an individual account in your own name and are relying on your own income or assets and not the n-o Tle o assets
of another person as the basis for repayment of the credit requested, complete only the top and bottom section of appllca:i(m
J I' you are applying for a joint account or an account that you and another person will use, complete all Sections, providirg i T.fornlat on on
Check t about the joint applicant or user.
Appropriate We intend to apply for joint credit. Applicant X Joint Applicant X
Box J If VOL, are applying for an individual account, but relying on income from alimony, child or separate maintenance or on tha IT cem> cr assets
of another person as the basis for repayment of the credit requested, complete all Sections to the extent possible, prov cir I fu m ition or II
about the person on which (he alimony, support, or maintenance payments or income and assets you are relying.
r, NEW APPLICATION JAPPLICATION FOR Members 1"CCT#N
L NAME GRANGE (ONLY .) Rd10•$rldV@r Classic EMAI Q $ -?
C'ADDJOINT _I - ..I Gold
I"'(NCREASE LMIf.1lT___ i J Platinum
APPLICANT'S FULL NAn)e FIRST INI -
LAST Do TE BI TH ---- - '- -- --
SOCIAL SECURITY' NO
PraESErJ RE_ I .JI HE - rt - - _ _
APT.p CITI
STATE D.
HOME TELFPHOI.E NC HOW LONG AT ADDRESS
MOTHER'S MAIDEN NAME
PREVIOUS HOME ADDFES_ (IF .ESS THAN S YEARS AT PRESENT ADDRESS)
PRESENT OCCUPATION PRESENT EMPLOYER
EMPLOYER'S ADDRESS STFEET NO.
PREVIOUS EMPL.)YE R. ) R ;CHOOL ATTENDED
IIP LESS THAN 5, EARS
INCOME FROM ALTMON V, Cr?ILO SUPPORT OR SEPARATE MAINTENANCE
PAYMENTS NEED NCr 8 RE VEALED IF YOU DO NOT CHOOSE TO HAVE IT
CONSIDERED AS A EASS F')R REPAYING THIS OBLIGATION_
NAME OF NEAREST REI ATI . E NOT LIVING WITH VOU
MOs
CITY STATE
PLEASE PROVIDE THE FOLLOWING INFORMATION ABOUTTHE JOINT APPLICANT OR AUTHORIZED USER
HELATIONSHIF Tr APPL CA. T,,; Any. Members IslACCT.B (.! An)) EMAIL ADDRESS _7 I APP',ICANTS' JL.. ^+Am$ (,--
LAST INITIAL
PRESENT STfIEE' ALD-_L'1
TOME TELEPHONE NO
DATE OF BIRTH
OCCUPATION PREVIOUS EMPLOYER'S OR SCHOOL ADDRESS HC N L )N
SOURCE OF OTHER INCOME -7 v 'S _ M; IS.
AMOUNT
ADDRESS CITY STATE RELATICNSHIP
PHC NE
APT#
AGES OF DEPEN'C?ENJI S J 1£ i:i. 'e.'
le id..,llie_I
G la ,-re;id-n? Alien
HOW LONG AT ADDRESS
VPs. MC
DATE OF HIRE GIGS M )N HL It ;oM
M0. YR PR VIC C, RR NI 'A1 SiU6S'
ZIP CODE BUSINESS PRO NE (:0.
SOCIAL S& URI'Y NO
STATE CIP L.
AGES OF DEPENDENTS :] l.? Ctitr 9n
MOS.
_] IIJr re;_dBCI ?,Ilen
HOW LONG AT ADDRESS
YR`
DATE OF HIRE GRC S', Ir.CJME
HOW LONG AT ADDRESS
PREVIOUS HCME ADORE :;S 1 F .ESS THAN 5 YEARS AT PRESENT ADDRESS)
PRESENT OCCUPATION PRESENT EMPLOYER
Exhibit `B"
EMPLOYER'S ADDRESS STREET NO CITY STATE ZIP CODE BUSINESS PHONE tJO. r
PREVIOUS EMPLOYER, OR SCHOOL ATTENDED OCCUPATION PREVIOUS EMPLOYER'S OR SCHOOL ADDRESS HOW LONG
;IF LESS THAN 5YEARSj
YRS MCS.
INCOME FROM ALIMONY, CHILD SUPPORT OR SEPERATE MAINTENANCE SOURCE OF OTHER INCOME AMOUNT
PAYMENTS NEED NOT BE REVEALED IF YOU DO NOT CHOOSE TO HAVE IT
CONSIDERED AS A BASIS FOR REPAYING THIS OBLIGATION.
NAME OF NEAREST RELATIVE NOT LIVING WITH YOU ADDRESS CITY STATE RELATIONSHIP
PHONE
rnvvruc Inc l"JILL INil INrvrimgt IUN AtiUU I APPLICANT AND JOINT APPLICANT
Outstanding obligations and credit references (include charge accounts, installment contracts, credit cards, rent, mortgages, liability to pay alimony, child support, or separate maintenance payments, etc.l.
Give complete list of all amounts owing. Attach a separate sheet if necessarv fnr aach annrnanf
Mortgage Holder or Landlord ? Own Mortgage Payment
? Rent o
? Board
(Include Lm Ranq Mortgage Balance Estimated Value of Real Estate
Name of Creditor Address Name in which Account is carried Account No. Monthly Payments Bala .e nue
CHILD SUPPORT PAID - ------
Joint Appi,cam ----
CHILD SUPPORT PAID
-nargegard creon protection is available to protect your VISA. A package of coverages include life. disability, leave of absence, and involuntary unemplr. rmant ororecuon
O 1 would like nformatio,l on the insurance coverage.
PLEDGE OF ACCOUNTS: By signing below, you pledge to the credit union and grant the credit union a security interest in the following accounts with Members list
Federal Credit Union (Members tat) to secure your Credit Card Agreement. if you list no accounts, you agree to grant to Members 1st a security interest in all Your accour m_mt-xlsl
accounts other than those that would lose special tax treatment under state or Federal law If given as security.You authorize us to apply any or all funds on deposit
due under IhJi$ agreement should yo"oault.
X
signature
S
D e
X
Joint Applicant's signature
By your signature be,ow. ycu certify to us that all of the information in the above application is true and complete and given for the purpose of securing credit: and that you have no other deb s e xa pt (nose
listed. You agree that we may cDnduct such investigations of your credit and character as we deem necessary in order to act on your request for credit. You also agree to be bound by the Me nbers I st Visa
Card Holder Agreement
CREDIT LIMIT REQUESTED INCREASE CREDIT LIMIT TO
] Check here if you.r,ould eke ,onvenience checks.
L,Check here if ycu want a Transfer of Balance form mailed tJ ycI
APPLICANTS SIGNA
JOINT APPLICANTS
PLEASE SIGN APPLICATION BEFORE RETURNING AND PROVIDE VERIFICATION OF INCOME.
DATE S
E (IF ANY)
AUTHORIZED USER'S SIGNATURE (IF AN
DATE
DATE
OFFICE USE Pc+ "-'• `AT `---- CREDIT LINE BRANCH OFFICE C d
1
VISA Credit Card Agreement and Disclosure
Notice See reverse side for important information regarding your rights to dispute billing errors
1. Meaning of Words. The Fallowing words have the following meanings in this Agreement and in the monthly billing statement mailer hereunder
(a) "Agreement" means the Visa Credit Card Agreement and Disclosure furnished by us.
(b) "We". "Us" and "Ours" means Members 1st Federal Credit Union, Mechanicsburg, PA.
(c) 'You' and "You're' means each person who signs this Agreement.
(d) "Card" means any Visa Credit Card and any duplicates and renewals we issue to you.
(e) "Account- means your Visa Credit Card Line of Credit Account with us that contains a record of all purchases and Cash Advances made by you under this agreement
(p "Line 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 p) any credit extended to you from us or from any other institution that accepts the Card (ii) any withdrawal of cash made by using your personal identification number ("PIN") at an automated filter machine ("ATM") or other ype of
electronic terminal that provides access to the Visa system (iii) the amount of any Visa Convenience Check paid by us, or (iv) balances transferred from another credit card
(1) "Visa Convenience Checks" means any check that may be issued by us to you from time to time, that directly accesses your Visa Credit Card Line of Credit Account The amount of any Visa Convenience Check paid by is is posed as a Cash Advance under
your Account.
2. How To Use This Account: You can purchase or lease goods and services ("purchases") from a merchant up to your maximum credit Lmit by presenting your Card and signing a sales slip for the amount of the purchase. You may alto u,e your Card.
(a) To obtain Cash Advances up to your maximum credit limit from financial institutions that accept a Visa Credit Card;
(b) By use of pre-pnnled Visa Convenience Checks that 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.
3. Responsibility. It 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 account For example, you are responsible br charges rrade by yourself, your
spouse and minor children You are also responsible for charges made by anyone else to whom you give the Card, and this responsibility continues until the Card is recovered. You cannot disclaim responsibility by notifying us, but we will close the Account for new
transactions, if you so request, when you return all Cards and any issued but unused Visa Convenience Checks. Your obligation to pay the Account balance continues even though an agreement, divorce decree, or other court udgment to which we are not a party,
may direct you or one of the other persons responsible to pay the Account. If more than one person signs this Agreement, you are jointly and severally responsible for all charges on the Account.
4. 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, thefl or other unauthorized use of the card that occurs prior to th tin e you give notice to us Such
liability does not apply when a card is used to make an electronic funds transfer (EFT) or when a Visa Convenience Check is used for a purchase payment or Cash Advance.
5. Lost Card Notification: II you believe your Card, or any Visa Convenience Check, has been lost or stolen, you must immediately call us at (717)795-6032 or 1(800)-283-2328 during normal business hours Are business hrurs (nlg'tis and weekends) or o r hol-
idays lost or stolen Cards must be reported by calling 1(800)-325-3678.
6. Credit Line: It we aporove your application, we will establish a self-replenishing Line of Credit for you and notity you of its amount when we issue the Card. You agree not to let the Account balance exceed this alproved -red" krur Each payment you make on the
Account will restore your credit line by lie amount of the payment which is applied to the principal balance owed on the Account You may request an increase in your credit line which must be approved Dy a loan officer. By g vi v yon wmlen notice, a lodn officer
may reduce your credi! line from time to time, or with good cause, revoke your Card and terminate this Agreement Good cause includes your failure to comply with this Agreement, or our adverse reevaluation of your credal w( Off less You may also terminate this
Agreement at any time. but termination by either of us does not affect your obligation to pay the Account balance. The Card remains our property and you must recover and surrender to us all Cards, and any issued but of uses Visa Ccnvenierce Checks, upc n our
request and upon arminalmn of this Agreement.
7. Credit Information. You authorize us to investigate your credit standing when opening, enewmg or reviewing your Account, and you authorize us to disclose information regarding your Account to credit bureaus and olner c'edi ors who inl ire of us aDdu' your
credit standing, to the extent authorized by our BYLAWS.
a. 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 remaining credit available under your credit In, it. Ine Pw balance of purchase, and
?asn Advances the !o'al new balance the Finance Charge due to date. and the minimum payment required. Each month you must pay at least the minimum payment shown on your statement by the date specified pn the s:aten enl or n?, later than 25 days from the
statement clos ng )ale whi d ever is later II your statement says the payment is "Now Due. your payment is due no later than 25 days from me statement closing date You may pay more neeuenlly pay more than the mmitrum tayf ent or pay life Total New Balance
in full. It you make extra or larger payments, you are stilt required to make at yeast me minimum payment each month your Account has a balance lather than a credit balance).
The minimum payment wn, be either a) Two percent (2%) of your of New Balance or $20, whichever is greater, or b) your total new balance, if it is less than Twerly Dollars ($20) plus c) any portion of he minimum paymel.1 snowr on spur statementis) which
remain unpaid
We also have the tight to demand immediate payment of any amount by which you are over your credit limit.
We will apply your payments first to any fees, then to the FINANCE CHARGES on both Cash Advances and purchases, then to previously billed purchases, Cash Advances and new purchases in the order they were posted to your A-cocnl.
We may accept checks mapKed "payment in full" or with words of similar effect without losing any of our rights to collect the full balance of your account with us.
9. Finance Charge.
A. On purchases, if there is no balance owed on your account at the beginning of the billing cycle or if payments and credits during the billing cycle equal of exceed the balance owed on the account at the beginning of the noting cycle, their no finance charges
will be charged to your account for purchases for the filling cycle. If the lull amount is not paid by the payment due dale (not less than 25 days Irom the date of purchase), finance charges will be incurred from the slatem;nl late on the average daily balance
of previously billed but unpaid purchases, and on new purchases from the dates such new purchases are posted to your account.
If you have our VISA Platinum, 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 balances of purchase; and Cash Advances.
If you have our VISA Gold your account will be subject to a Finance Charge (interest) at the periodic rate I f 1.063% per month (ANNUAL PERCENTAGE RATE of 12.75%) on the average daily balances of purchases and Cash Advances. From October 16.
1999 to September 30. 2000 the discounted ANNUAL PERCENTAGE RATE on the average daily balances of purchases will be 11.75% which is a periodic rate of .979% per month.
It 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 13.25%) on the average daily balances of purchases and Caen Advances.
If you have our VISA Classic Rate Shaver, your account will be subject to a Finance Charge (interest) at the periodic rate of .825% per month (ANNUAL PERCENTAGE RATE of 9.90%) on the average daily balances of purr asF and Cash Advances.
The above disclosures were accurate as of the date they were printed and all terms are subject to change. The appiicaflUmember should contact the card Issuer (Members 1st) for any changes in the information disclosed. For changes m further information call
1-800-283-2328
B. Variable Rate: The finance charge will be determined by adding the margin to the index value. The Annual Percentage Rate can change on the first calendar day of the first cycle in each calendar quarter. The margin for Visa Plat nurr is 5.00% for both pur-
chases and Cash Advances The margin for Visa Gold is 5.00% for both purchases and Cash Advances. The margin for Visa Gold purchases for the period October 16, 1999 through September 30, 2000 is 4.00%. The margin f,r Visa Cassic is 5.50% for both
purchases and Cash Advances. The margin for Visa Classic Rate Shaver is 2.00% for both purchases and Cash Advances, subject to a floor of 9.9% for the Visa Classic Rafe Shaver program. The index is the highest Pnme'ale publis1i in the Wall Street
Journal The Index will be measured as of the last business day of the previous month. Any increase in the Annual Percentage Rate will cause the amount of the minimum monthly payment to increase The Annual Percentage Fate will never exceed 21 % or the
maximum allowed by law, whichever is less,
C. Method A - Average Dally Balance (Including New Credit Purchases): A Finance Charge will be imposed on Cash Advances from the date made or from the first day of the bilLng cycle in which the Cash Advance s posted to your account, whichever
is later, and will continue to accrue until the date 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 to accrue until the date of uayment it Method A applies to pur-
chases
The Finance Charge for a billing cycle is computed by applying the monthly Periodic Rate to the average daily balance, which is determined by dividing the sum of the daily balances during the billing cycle by the number of days in the cycle. Each daily bal-
ance is determined by adding to the Previous Balance (the outstanding balance of your account at the beginning of the billing cycle) any new Cash Advances received and any new Credit Purchases posted to your account, and subtracting any payments as
received or credits as posted to your account but excluding any unpaid Finance Charges.
0. Method G - Average Daily Balance (including New Credit Purchases): A Finance Charge will be imposed on Credit Purchases only it you elect not to pay the entire New Balance of purchases shown on your monthly Aalemem for the previous baling
cycle within 25 days from the closing date of that statement. If you elect not to pay the entire New Balance of purchases shown on your previous monthly statement within the 25-day period, a Finance Charge will be imposed on hie unr d average daily bal-
ance of such Credit Purchases from the previous statement closing date and on new Credit Purchases from the date of posting to your account during the current billing cycle, and will continue to accrue until 'he closing cite of the bibing cycle preceding the
date on which the entice New Balance of purchases is paid in full or until the date of payment if more than 25 days from the closing date.
The Finance Charge for a billing cycle is computed by applying the rnonthly Periodic Rate to the average daily balance of Credit Purchases, which is determined by dividing the sum of the daily balances during the hilliml cy ae t y the nt mber of days In the
cycle Each daily oalarce of Credal Purchases is determined by adding to the outstanding unpaid balance of Credit Purchases at the beginning of the billing cycle any new Credit Purchases posted to your account, and subcact ng any payment as receiver and
credits as posted to your account but excluding any unpaid Finance Charges.
Print date 9/24!99 CONTINUED ON REVERSE
Exhibit "C"
II Ihis method G a! so applies to Cash Advances, a Finance Charge will be imposed on Cash Advances from the date of the Cash Advance or from the first day of the billing cycle in which the Cash Advance is posted to you ac:our I, whichever is later an I will
otherwise be calculated 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 other required payment by the date that it is due You will be in delault if you break any promise you make under this Agreement You will be in de cull it yru die, I le for bankrupt; y, or
: jcome insolvent, that is, unable to pay your obligations when they become due. You will be in default it you make any false or misleading statements in any credit application or update of credit information You will also M in de aull if semehing happens which
we believe may substantially reduce your ability to repay what you owe When you are in default we can demand immediate payment of the entire amount you owe under this Agreement without giving you advance notice. If mmediwe payment is demanded. you will
continue to pay interest at the applicable interest rates in effect under this Agreement, until what you owe has been repaid. If demand for immediate payment has been made, the shares and deposits given as security for payment unifier h is A yercmenl can be applied
towards what you owe We can also take appropriate action as authorized under the Uniform Commercial Code to repossess any and all collateral pledged to secure repayment under this Agreement. To the exrert permitted by lay. ycc wil also be required to pay our
collection expenses, including court costs and reasonable attorneys' fees. We can also exercise any other rights given by law when you are in default.
11. Using the Card. You may use the actual Card, Card Account number andlor PIN to make transactions. You will retain the copies of the transaction slips furnished to you in order to verily your monthly statement.
12. Returns and Adjustments. Merchanls and others who honor the Card may give credit or returns or adjustments, and they will do so by sending us a credit slip which we will post to your Account. 11 your credits and payments exceed what you owe us w,! will
hold and apply this credit balance toward future purchases and Cash Advances, or if it is one dollar or more, refund it on your written request or automatically after six months.
13. Using Visa Convenience Checks. You may use your Visa Convenience Checks, I' 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 lour Account. All purchases,
payments and Advances made with a Visa Convenience Check and paid by us are treated as Cash Advances hereunder and, except as otherwise indicated, are subject to all terms of this Agreement pertaining U Cash Advarces rnd o the lol owing additional terms
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 Cheeks must be written in U.S- Dollars. Visa Convenience Checks may not be certified.
D We may return a Visa Convenience Check unpaid it there is not enough available credit on your Account to pay iI, it your Accoum is in default or it your Card or any Visa Convenience Checks have been reported lo>t or stoen. r $1C fen will be chargeo for
each returned Visa Convenience Check
14. Foreign Transactions. Purchases and Cash Advances made in foreign countries and foreign currencies will be billed in U.S. Dollars. The conversion rate to dollars will be at (i) the wholesale market rate or if) the govern men ma:nda'ed rue. whichever i.: applic-
able in effect one day prior lu the processing date, increased by one-peicem. On foreign Iransactions you agree to pay all currency exchange charges.
15. Merchant Disputes. We are not responsible for the refusal of any merchant or financial institution to honor your Card or Visa Convenience Checks. Except with respect to purchases made with a Visa Convenience Check, wt ar= su'rjecl ld ;fauns and defenses
(other than ton claims) arising out of goods or services you purchase with the Card only if you have made a good faith attempt, but have been unable to obtain satisfaction from the merchant, and (a) your purchase was made in esp mse to an advenisemem we sent
or participated in sending to you, or (b) your purchase cost more Irian Fifty Dollars ($50) and was made from a merchant in your state or within one hundred (100) miles of your home. Any other disputes you must resolve d recly with i ch merchant
16. Security Interest. To secure your account, you grant us a purchase money security interest under the Uniform Commercial Code in any goods you purchase through the account. It you default we will have the right to recover ary of these 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) - NOTE: You pledge to us and grant a security Interest in all joint and individual accounts you have with Members 1st Federal Credit Union now and in the future, except shares in Individual
Retirement Accounts and accounts where the pledge or transfer of which would cause the loss of a tax-exempt or tax-deferred status, to secure your credit card account. You authorize us to apply the balance in these
account(s) to pay any amounts due under this agreement If you should default.
17. Foes and Other Charges. The following fees and other charges will be added to your Account, as applicable,
A Annual Fee
Visa Platinum ....None Visa Gold .............None Visa Classic .. ..........None Visa Classic Rate Shaver ...........,None Visa Convenience Check. _.__ ...None
B Late Payment Charges It you tail to pay the minimum payment on your Account within live (5) days of the disclosed due date, a late payment charge of $20 will be added to your Account.
e erne ec Fee. If a check ors are ra use oma e a ymen on your Account is re u tinge tin s ere re or orany o er teas ged a lee of $10 for earh item etur ed. V! Or 111MU1111 F Returned Statement Fee You will be charged $1 for each statement that is returned.
G Copies of Visa Vouchers and Statements. You will be charged $3 (or copies of Sales Drafts, Credit Vouchers, Cash Advance Vouchers and photo copies of your Visa Statements.
18. Skip Payment Option. We may allow you, from time to time, to omit a monthly payment. We will notify you as to any month in which the option is available. It you omit a payment, FINANCE CHARGES and insurance premiums, if any will accrue on your balance
in accordance with this Agreement A skip payment does not extend the period within which you must pay the New Balance Total in order to completely avoid FINANCE CHARGES on purchases. A minimum payment will de due in I re of Unit, lot owing the month in
which you SKIP your payment.
19. Effective 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 difterent terms We may amend his Agreement from time to time
by sending you advance written notice as required by law. Your use of the Card or Visa Convenience Check, thereafter will indicate your agreement to any such amendment. To the extent the law permits, and as we indicate in our roll( a to you, amendments will apply
to your existing Accoun 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 important information about your rights and our responsibilities under the fair Credit Billing Act.
NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR LOAN ACCOUNT STATEMENT
II you think your statement is wrong, or if you need more information about a transaction on your statement, write us on a separate sheer of paper at the address listed on your statement Write to us as soon as possible We must hear from you no later than 60 days
alter we send you the first statement on which the error or problem appeared You can telephone us, but doing so will not preset* your rights.
In your letter, give us the following information.
• Your name and Account number
• The dollar amount of the suspected error.
• Describe line error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about.
If the amount on the statement does not correspond to the amount of your sales slip or you have not received the proper credit on /our statement for merchandise returned, a copy of the sales slip must a:comuany your let er
II you have authorized us to pay your Account automatically from your Savings or Checking Account, you can slop the payment on any amount you think is wrong. To stop the payment your letter must reach us three (3) cosines: day be ore the wto'nalic payment s
scheduled to occur
YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE
We must acknowledge your eder within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe me statement was correct.
After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to send statements to you for the amount you question, including Finance Charges, and we can apply any cnpa d 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.
It we find that we made a mistake on your statement, you will not have to pay any Finance Charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, ano you will have to make up any missed r'ayments on the
questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent. However, it our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we repcd you Ic that you have a
question about your statement. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has bean settled between us when it finally is.
SPECIAL RULE FOR CREDIT CARD PURCHASES
II you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay 'he remaining amount due in the property or services.
There are two limitations on this right (a) you must have made the purchase in your home state or, it not within your home state, within 100 miles of your current mailing address; and (b) the purchase price must have been more than $5(
.
These limitations do not apply if the credit card issuer owns or operates the merchant, or mailed you the advertisement for the property or services.
AUG-26-2010 THU 02:41 PM MEMBERS 1ST FOU FAX NO, 7955207 (2
VISA Credit Card Agreement and Disclosure
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AM MW se raped W YO
will coNlnue ro par INafBil a! Aa mptiabla Inaras! rMa in Ntxa dyder Nis Agretrnnl, uNU'etul roll ore yfa ban repaW- are to desura, aado(tllh AAf?? ma billing ssawn:,d. ell -.WarstdYea will not
O aWon u aanaltad uraAer a,e UMlara Commarclu Coda b rapoeaesa a^1 a anon ad to us tdlM IN pB IoW when W* you to sen
egyrWWl T:Vu Iamlalae 6 you to a0ef to vana Yoe day
apps iod lowwd a vAwt 4o ass. WB CAn WB sxn aH01a0ftla0 enr dlrw ibtta
ro roatUtad to par to1lAClan aYpnea Irr7u0pyg marl coax and rasansble aUalaYS ? dany Ihu" WY ail to &00 to salon d ?auu a?a oinr armtv a d IK C namt'
11. DalaA Cal Gera. Yau talk use a Cad Ca'd AoCWN nrad>af andlor PIN ld mNre tar sadlocb on Your 1m011AL You wiA rtlMn uw owleys w I0 of ft wn?eAa any gUY4 ?qN of a&0* two to Il. Adddbrrjly, you OUuse C larmi myona la uu a CeN a your xrco sd {a rr ttansaabn teal d ifiegil uMSr appUUDle aedertl welveaup it i°Ywe la sacAUlrologlem. susplrJau:,
a Illegal and you Wr%x, ulwsrand t a1 w: wd nth ?w 1nA f auth?
andi or o rw dlaed setwues oar n tasm4iMad at out d4+c dlen. Yau p tter agra, snaslA IIIeOai die oaur,
? ? gpeyalaaLd a cnUnda ?mbl? A a loail;N• OltadN d indnedYr, rosuldnc hem suds illegal use Wh reastue tta ddd b OeclYre am tamedn asi NM we coal* treuou
CON71NUE? ON REYF.RSE
Ra Oak 3105
Exhibit "D"
RUG-26-2010 THU 02:42 PM MEMBERS 1ST FCU FAX NO. 7955207 P, 13
12. w(14 "IN eM All"
all ano lth. ttarcfienb and oUwrs vent haw a Glyn array prve ac0it a rewms a tdIusalwnK, and play wiu do sa ny undalp w a padlt l utactlan releipt , wnKfa we slap pmt m ynllr ACAard. V your awVK am paynwn , ealdpp who you tion
nwa ua we Wu poll and apply dtia pelt Wlytta lowern fUU ae dkeac and Ca,h
13.
19. "'1", Vla Canwaaaa GuaW, Tau use w Hy a A tl K one italic or wk"A on your Wfft Mglwll a "atirdel y apex shI npft
Checks paid by us aft uealed u Cash AVm pe Ian yopr a g ?nca Cpacl® U Owlllplq as YW would Lail cw to CA a pw?e or worm or to [mile psh Yow vim CAaanbnm Ct xts dkBWy access Your Amara, All Asia Cot:en W a
A. No Vls? Gmwre uez Chock may Ad W
as OAMWIlC inalkaad, are subject ro cep rerpts of Ads Agmnwa pe talratp m Co kW= qB7 Ind to pq 1dbWAU oddl66 pf wm4s
to pnwM fur a payttwt on yaw Aooard.
b, OOY IN person rMOye atanD appeal on 4 VW Gorhia W a CnaCk mmWrY we hall
C VIm1 Comwhkft Cheeas mum pe wrian in US. 001WL Visa CaraeNenDo Chaska nap aver no connbd.
fl. We m0y leturr va Cad Ched ut {gltl II pale le nor ¦muW owilebie atuAt on your AOCaaI l to pay IL d you Attdnl k in OefauN of h a Card a Aft Via C oAnAkrct Clltelo hoot 0aers fapormd w? or . A p101 IN w u be as BOO 'Ur each
WA nw0 VKa
ta. Penapn Trtmaadlne. Plbtlwsas Inn Gun AMA= BU in laelon Eaarft and fOmYQA Llrrenalea wry 15111111101 in US. PDlww. IDautlesl Alit L, no. the tadwntp rote for aaAwAcAa In a laeigo twreocy VA i ce o ra'a sa; w by Rua bum uw
fitUou of ism 14"to in wnolysale a ylli ty 11104m far Vo apolranw comet pra,awk date, Wslch 1414 my very nom Ave raw VW ilewf roCalsee. of the pt Ammon mr4*d rate In 41W la Its apPfitaaa cenird p=&Inn UE IW:AW by ')rm-patent,
On laelpn 4N=104 you %W ft to pry all t7rlefo aacnaope ftlta( n
Is. 110161"W Dhpnln. m an i na m*Orttibb or Ne ngagtl d arty hwtthwA DI Ilnarclel hglAUUaI b M1Onor a I pyd d Wes COmvalienpl Chasse.
16, S aourtp INtreA ol k eagre year AccwnL YOU nrarp ut a puaynye snarwy Iota rlt4real Aatet IN unilam COOanwclel Code N
Eta polo la pr h oW appt y 0n a your pkmMla k pie nalalaf alaaa' h Pa iiiii( & Iny S Wda you puyttmae utlnp Iha A( 111 11 YOU dot ut 1M war hate the npM 10 re w, airy at 014'30 ppm W a hard Rot
PINpk ad inn Aootnaq • ta1T? b saeOlaA tiew116171s plelle a 1t /M
Iernp train M a IAEk..wl Aworlrp wf nwVemta rMn Me ?wp n ?4 Mor111 N w hYQ nnA tMkItl1Y aatalnw yw1 Ilnae vent MIonlMrt tit Fee]e.d It7o1M 4tMn Iles ts1/ M tM nlpr.,
atooe.tuN a ? Mb awmowq rant Irltr rice Ararauon M Aeae alawpl Wa? ?` hsMaitr a a111e11nnltl Owl. pN Ile d n tooagwlgt u 0ei-11oa1rd ono, lfw eteuwrkw Ip a opyy'taw aelaelw I t +1ao..
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17. Pau aatl Ottser OknOa. T w Ialoeanp Ives and oyw rJwrpas wl„ b apOod m your A camL of Oppllrapy
at 41
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v4 WO......., .._ .,Nora
Vku C415sic.. Nora
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1. Lill Peymbin Catroet. U yq1 fill In pay Uw mmlam twyl4t/nt an your Atcaaq wBldas py9 (5) dtyt a IIID rsll Dow Dow a qm
C. Dwr•Unle Q11111e, 1 your ADmurp UWU eatakii; yaw Uaa ll Ilmlt at any ra d*g IPa sWalaartl period, in Ow Im(f A" of 115 Y1W las UN to you?ADMA le your Account.
D. AsbmssGNd1 Pee, 01 dM a slsNt drop used b 4W a paysrwa as yowkA a jni Ill teamwd WlpAid lssgllsa d InrAlcllhl lands of ler r
E. Ntllntitl tltolellold FN. Yea Wp De cAypgp St br tad! n>tn11b' hpU1g sWplrpnl trW is 1tlar11ed ?i'alwr 0m. Yau will bs duypwl a be 0410 for exll Ilan raumea,
IF Ceplee of Ha Tnwa n Avollpk nno it medal. You will to ftl ed j91a mall WN you Iftft 11. aklp W1Yurletk tspdOh Wa Below ystl, VOm Shna W UrM w 411110 m0At11k firttWll VA wall Oil roEeld br Wry pueh4ea podll a CaonAdhncs g 01 a 0101dhty AlU nOiyllrt l (oy In Daawx,on+t Ih thD rasOlutl,: n a a W 'in0 arro
A sWP Pdlnenl Dace na o naM uw pedod wNAln wtdtp You mwl pey dw New 8agrsa in Ordr mu u to amY maMp Nrsach IM cep Ion K tnllible. RYw aNt t pa mlaA flnan00 (wrpw wIU Oaraw on You ba once In amorarka .4th nK npfarnem}
11. Etteot Alytedp L Thrs Apreemenl K a swrNatl vAsids appfyys to ul 4onaactiern ash ourP IYOid Fxwnto Dlsrpr on p atlwes. A roildnalnl payYAelAwltl a duce In NN Dnlalh Idbw4rp tl!e IAOfUh In WIRh yw 4kQs Yauf f Ya?nl
aWmtfwal Ban ume to Ilma ?' s4ndlrp yauf yyp? ?0e, g r W oy Y AcCOUN, erafa lqupll ? rettlpb You slOn m reoeow terpatldWb drtdla. Calls Aprange a tAwr Irmmabna DIN Coreapl dilfadrd pinny. 'A4,
+DPN b You adsl?nq accau^a nalanco as+wll as W AAwe rtlntaeYOns. This ?p ha aga?otna in a?uadma wph Urn ?UOaWc laws W?pwaaDMndmMd.? To pis o?aM wY amal0 lh.s
? glmonwaph w wtppola? Ilwp1tmits, and s we iAdlOmo In aa1 ndkm o yc ?. rerrG'rbm; veal
aPpAaaDa6ledeno1aws.
YOUR BILLING RIGHT'S - KEEP THIS FOR YOUR RECORDS IN CASE OF This Alin eanraira impmw InIaaUan about your to ad ale w4wa?`tl'et uAdol?teh?eeFFur C'N9 9111e1g Aa.
II YOU M4 Ya31 ti ANy bUllnp ?Ellemall 11 wron oa yFypd fieed9nldfa uvo^medon abw a ar 4 ERRORS ah aym still (ink NNow ONpoyl Vpp?a of po r lIN tguw i1 ladet?I smirient. STATEMENT.
I"m 60 dap atw w aeA/ yyoau n% first awwnwN an which IN War w Woblam a**W. You w, lemplwal ua. w Ong ao will fnl yduf it".
A w 0as w m mast beaE• non ye, no!ant
to your knot dlve Va pct Imilip lawhaon pm" YOw awnw ono A 0DW mare(
• itp dollar marl G ale alwtwelDd na.
• Desa 6s Yw ma 4w OXPWI, if you am. surly you &&W mlla Is an are U you rood =m vm*pfa, dwrlbe pw Ilan you an to sae elkut
yw rave au 4140 w to ply your m0nmly, bppng A*M ktma &Iv Iron V0 Wngs a Cho Wg AOeoaaq you Ran step pis Iwp9hmll eh any W" YOU thlnb k ". TO atop IM payment Yaw IoW no inch us Irm (5) Mb= am wars is am
M4110 P*F t d 3avi .led W oetur.
YOUR RIGHTS AND OUR RESPONSIBILITIES iFTER WE RECEIVE YOUR WRITTEN NOTICE.
WB musuel m edpp put I?br wpiapl J,'1 naik WW we him CO(aIIL'wd the rice by nwh YAIMn 90 d1ys, w II4aq 6111 am 4e
Aft rowivt kirt your vela, we Cannot m 10Oa enY amount you PwsDad, a yWOn you as
O mw otawlayt Why, a twII4W Da0 aalenwnl vets carratt
You do w rove b e? 0 4ftol anwunt whlle we are awpeptgpnq, put you 0 *1 obi pry )O IN d? b ? ? a you la tM i rwaad you pwstia, InOwarry raaalt6 elwrpaa, once wo ran ap{Yy any wpald amaum pabtr ya ? aceCU La
it we and mm %w mde a *143 on your Slatvw you wil tat" a PaW You afalatwnt ft me not Ill gueetlDA
deoad amount A MAW m, a v6u send you 1 stt ionaa of h npuytl yyW am ad tna adaw hie litt Is a nOw1 tl me dlO 11 awtw a r1WWw, you may twve W pay lacnm dispel, and ynu wiU Irasw b mDee w any mNfW ays =rn9 on Ir e yas-
11 11 jOU fg 10 MYft MA INI Wit into app you jlle no d? you is QeUngtwst Homwt It oN womairm don not &v* you am ym wfAa to to iwm 11n
it*
you . b ae fbnl Yu af tlalwypwmOnl. t A, , WO Can't ctift we m in o N to tel Soo Or IN glpytj rW YW h YIb OW tell enyon0 ale hood you to owl Na maber has beau mW W tow ??Anally a,?tp ?r to Ora ro mull 6dr abyglb we tepofl you IC drat su nas8 a gUSe•
amaaad, to Iyour slitim was ona
uywhawacro ram wantlauut SPECIAL RULE FOR CREDIT CARD PURCHASES.
tw as bmla PLOD On Acer1p t?yy n pay a suviM V1t1 You P191ro a wb a Gehl cant cent You Nis filed In 1W faint b wisd ale prOOltm Wm IN mkdym, ynu may have w? viola 110f it) MY ale (NM Who refmum ow on ft pfw* c am am, Th,ro
404 b 10tanc l o rat . by you no nave rnsal IN pntram In your name &V or. if 1101 Within YQ 11011111 mad, WNn 100 miles of your COW mmlmO addrUll: and (b) pm NO= pilot mum haw been mat than $53,
pim 341Y flea ern Or OPWew the nrrefitnt, or if we fticil you pis advwtieematd br ale properly, or Aavieae.
KARL M. LEDEBOHM
ATTORNEY-AT LAW
P.O. BOX 173
New Cumberland, PA 17070-0173
Phone: 717-938-6929
Fax: 717-932-0317
Ot Counsel: Richard P. Mislitsky, Esq.*
March 17, 2010
(Via Certified and regular mail)
Kathleen P. Flannery
925 Greenbriar Drive
Mechanicsburg, PA 17050
RE: Members 1St Visa Account No.: 4672-0900-0010-6690
Dear Ms. Flannery:
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 1s'
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
Mcnibers 1" on or about November 29, 2009 in the amount of $334.00. As a result of
your defaults, Members I" hereby accelerates all amounts due to Members I" under the
Account and hereby demands the payment of all amounts due to Members 1 s` under the
Account in the amount of $17.204.60 itemized as follows:
1. Principal $16,045.07
2. Unpaid Finance Charge 901.53
3. Unpaid other fees 90.00
4. Legal Fees 168.00
5. Total due to Member 1St as of 31117/10 $17,204.60
If you fail to deliver to my office at the address set forth above payment of the
$17,204.60 within thirty (30) davs of the date of this letter, Members I" will have no
*Ako practices independently as Ri Exhibit 66E99
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, ? ou may
also be responsible for the payment of additional reasonable legal fees and costs of suit
incurred by Members I".
Nothing herein shall constitute or be construed as an agreement on behalf of'
Members I" 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
I". Nothing herein shall constitute a waiver of any rights or remedies which Members
1" 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't to postpone or
extend the maturity date of the obligation.
Members 1" looks forward to the payment of the $17,204.60 on or before April
16, 2010.
Very t iy yours,
Karl ' Le ebo CC: David Thomas, Collections Officer
KML:I1
NOTICE
This letter is an attempt to collect a debt.
It you dispute the validity of this debt, or any portion thereof, and you notify the
undersigned debt collector in writing within thirty (30) days of the receipt of this notice
that you dispute the debt or any portion thereof, the undersigned debt collector will obtain
verification of the debt or a copy of a judgment against you, if any, and mail to you a
copy of such judgment or verification.
If you do not dispute the validity of the debt or any portion thereof within thirty
(30) days of the receipt of this notice, the undersigned debt collector will assume the debt
to be valid.
If the original creditor of this debt is different from the creditor stated on the front
page of this letter, the undersigned debt collector will provide you with the name and
address of the original creditor upon written request from you within thirty (30) da) s of
your receipt of this notice.
The "undersigned debt collector" means the name signed at the end of this letter
appearing in print at the top of this letter.
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Kathleen P. Flannery
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No925 Greenbriar Drive
City, State, ZiF44 ""' '-" """""'
Mechanicsburg, PA 17050
08126/2010 14:56 7179320317 KARLLEDEBOHM PAGE 07/07
MEMBERS 1 sr FEDERAL
CREDIT UNION
PLAINTIFF
K`IHLF.N P. FL fi1NERY
TN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
NO..
DEFENDANTS "CIVIL ACTION-LAW
M '.. VFRMt.4TIOhi
T, D ivitd Tho?ioi7S,,I ad , 611 ctor ot.l? 6 ibei -s Y"?FederalCteda tTotp i;'beiu?g. a
authorized to do so ott;belfalf'$f Members 1"t Federal Credit`Uriih?reby'verily tFiat ttre
1
statements made m tho foregoing pleading are'tn te. and 'coxxect to the best' of my
infomatibli. owledge '8ffd-b6lk- l am?eFSta?ad that NUe 'statements are made subieeulo
the' fYi'ticy \of r8 Via: C'..A: S`e66i` g04, z$ifl$ td unswoar'falsification to
authorities.
- 's
Members ,1:, FedeW.'Cmdlt Union.
= 'µi r •, a T? 1 F?'"f r a t«M r.
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Lelb'I1"
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
~` ?
lZC Tt ~~ ['^ -• r,.0. 4(1TY,r? 7
"0 ~F~' ! ~ A~ 10~ 0€3
Pl~i`dN5'(LV;~NIA
Members 1st FCU Case Number
vs.
Kathleen P. Flannery 2010-5667
SHERIFF'S RETURN OF SERVICE
09/10/2010 04:13 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
September 10, 2010 at 1613 hours, she served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Kathleen P. Flannery, by making known unto herself personally, at 925
Greenbrier Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same
time handing to her personally the said true and correct copy of the same.
ICH LLE G ,DEPUTY
SHERIFF COST: $37.00
September 13, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
i~ ~
Karl M. I,edebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717338-6929
MEMBERS I FEDERAL
CREDIT UNION
PLAINTIFF
v.
KATHLEEN P. FLANNERY
DEFENDANT
TO THE PROTHONOTARY:
F
l ,
tR:r:
OF rHE~P 0 MQN ~
OrARY
200 ocr zs P~ z: s3
cuMSC~~Ar~fl cou,~rY
pEPtf~SYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
FENNSYLVANIA
NO.: 10-5667 Civil Term
CIVII, ACTION -LAW
,7j_.~
Please enter judgment in the above captioned proceeding in favor of Members 1
Federal Credit Union, Plaintiff, and against the Defendant, KATHLEEN P. FLANNERY,
in the amount of EIGHTEEN THOUSAND TWO HUNDRED THIRTY-SIX AND
60/100 DOLLARS ($18,236.60} plus interest at the legal rate on and after entry of
judgment until the date of payment, additional attorney's fees and costs of suit. 3udgment
is entexed pursuant to Pa. R.C.P. 3031 for failure to f le an Answer on behalf of
Defendant, Kathleen P. Flannery, to Plaintiff s Complaint within twenty (20} days of
service thereof and after a 10-day Notice was sent.
~i~.ob~~. ~-
elE~' ~ 031
I~.~' °?S a17~
/VO'i~l c.~ ~.c
l
Date: October 20, 2010
,marl 1~1. Ledebohm, Esquire
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for P~intiff
I hereby certify that notices of intent to take default judgment were forwarded to
Kathleen P. Flannery by United States Mail, first class, postage prepaid on October 6,
2010. The aforesaid notice was contained within an envelope bearing the return address
of the undersigned. The notice has not been returned to the undersigned as undeliverable
or otherwise. A copy of the notice and Postal Forms 3817
marked Exhibit "A".
Ledebohm, Esquire
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 FEDERAL
CREDIT UNION
PLAINTIFF
v.
KATHLEEN P. FLANNERY
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 10-5667 Civil Term
CIVIL ACTION -LAW
IMPORTANT NOTICE
Date: October 6, 2010
T0. Kathleen P. Flannery
925 tireenbriar Drive
Mechanicsburg, PA 17050
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I
AM REQUIRED TO INFORM YOU THAT THIS OFFICE IS A DEBT
COLLECTOR AND THIS LETTER AND ANY SUBSEQUENT
CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT
A DEBT AND ANY INFORMATION OBTAINED WILL BE~JSED FOR THAT
PURPOSE.
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 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.
Exhibit "A"
.. .
v
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
Date: October 6, 2010
lrarl 1V~. Ledebohm, Esq.
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717} 938-6929
Attorney for Plaintiff
U.S. POSTAL SERVICE CERTIFICATE OF MAILINl3
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received from:
- Kazl M. Ledebohm, Esq.
_... P.O. Box 173
New Cumberland, PA 17070-0173
One piece of ordinary mail addressed lo:
-Kathleen P. Flannery
- 925 Greenbriaz Drive
-Mechanicsburg, PA 17050
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Respectfully submitted,
Karl M. I.edebohm, Esquire
P.O. Box I73
New Cumberland, PA 17070-0173
(71738-6929
MEMBERS 1 FEDERAL
CREDIT UNION
PLAINTIFF
v.
KATHLEEN P. FLANNERY
DEFENDANT
OF THELPROT~yO QTARY
2010 OCT 25 PM 2~ 53
MMON FLEAS
TY,
PENNSYLVANIA
NO.: 10-5667 Civii Term
CIVIL ACTION -LAW
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned hereby swears and affirms on behalf of Members 1 ~ Federal
Credit Union, the Plaintiff in the above captioned matter, that to the best of Plaintiff s
knowledge, I~atlileen P. Flannery is not currently on active military service.
Date: October 20, 2010
~a"rl M'. Ledebohm, Esquire
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
,~- ..
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 FEDERAL
CREDIT UNION
PLAINTIFF
v.
KATHLEEN P. FLANNERY
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 10-5667 Civil Term
CIVIL ACTION -LAW
NOTICE OF JUDGMENT
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM
REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT
CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT
A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
FURPOSE
TO: Kathleen P. Flannery
925 Greenbriar Drive
Mechanicsburg, PA 17050
You are hereby notified that on / , 2010 the following
judgment has been entered against you in the hove aptioned case:
Judgment in the above captioned proceeding in favor of Members 1St Federal
Credit Union, Plaintiff, and against the Defendant, KATHLEEN P. FLANNERY, in the
amount of EIGHTEEN THOUSAND TWO HUNDRED THIRTY-SIX AND 60/100
DOLLARS ($18,236.60) plus interest at the legal rate on and after entry of judgment
until the date of payment, additional attorney's fees and costs of suit. Judgment is
entered pursuant to Pa. R.C.P. 3431 for failure to file an Answer on behalf of Defendant,
Kathleen P. Flannery, to Plaintiff s Complaint within twenty (20) days of service thereof
and after a 10-day Notice was sent.
r..' .'
Dated:
onotary
I hereby certify that the proper person to receive this notice under Pa. R.C.P. 236
is: Kathleen P. Flannery
925 Greenbriar Drive
Mechanicsburg, PA 17050
A: Kathleen P. Flannery
Por este medio se le esta notificando que el de
2010 el/la siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el caso
mencionado en el epigrafe.
Fecha:
Protonotario
Certifico que la siguiente direction as la del defendido/a segun indicada en el certificado
de residencia:
Kathleen P. Flannery
925 Greenbriar Drive
Mechanicsburg, PA 17050
Date: October 20, 2010
M.
f~preme Court ID #59012
.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
` It ?
FEB
cOt4sERI. ??°vaK A',
Cos
Karl A Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1sT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
KATHLEEN P. FLANNERY
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 10-5667 Civil Term
Amount Due: $18,236.60
Interest from 10/25/10 at the legal rate
Attorney's Fees to be added
Costs to be added
CIVIL ACTION - LAW
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE
MATTER:
(1) Directed to the Sheriff of Cumberland County, Pennsylvania;
(2) against Kathleen P. Flannery, 925 Greenbriar Drive, Mechanicsburg, PA 17050,
Defendant;
(3) against Kathleen P. Flannery, 925 Greenbriar Drive, Mechanicsburg, PA 17050,
Garnishee;
(4) against Theresa Moran, 925 Greenbriar Drive, Mechanicsburg, PA 17050 and/or
Theresa Moran, 10139 Berrymade Place, Glen Allen, VA 23060, as Garnishee;
(5?) (5) and index this writ
ON - so ?A atb
S1. OD C,8F
14.06
162,00
9 1.70.60 'Pt> Ql*? $ SO LL
Q? ?1Jn,?'CsSul?? e?asN?2
VF
(a) against Kathleen P. Flannery, 925 Greenbriar Drive, Mechanicsburg, PA
17050, Defendant/Garnishee; and,
(b) against Theresa Moran, 925 Greenbriar Drive, Mechanicsburg, PA 17050
and/or Theresa Moran, 10139 Berrymade Place, Glen Allen, VA 23060,
as Garnishee;
and levy upon and seize the following real property of the Defendant, Kathleen P.
Flannery, and/or-Theresa. Moran, Garnishee, and index this writ against the following real
property of Kathleen P. Flannery and/or Theresa Moran, Garnishee, as a lis pendens:
All that certain tract of land and improvements thereon erected situate in Silver Spring
Township, Cumberland County, Pennsylvania, known and numbered as 925 Greenbriar
Drive, Mechanicsburg, Pennsylvania 17050 and as more particularly set forth and
described on Exhibit "A" attached hereto and made part hereof by reference.
Dated: February 2, 2011
Farl M. Ledebohm, Esquire
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
ALL THAT CERTAIN house and lot of ground situate in the Township of Silver Spring, County of
Cumberland and Commonwealth of Pennsylvania, bounded and described as follows:
BEGINNING at a point in the western line of Greenbriar Drive (50 feet wide), which said point is
in the division line between Lots Nos. 99 and 100 on the hereinafter mentioned plan of lots;
thence extending along the western line of Greenbriar Drive, South 10 degrees 18 minutes East
107.0 feet to a point in the division line between Lots 98 and 99 on said Plan; thence along the
division line between Lots Nos. 98 and 99 South 79 degrees 42 minutes West 141.0 feet to a
point in the line of land now or formerly of Garret & Shelley; thence along the line of said last
mentioned lands, North 10 degrees 18 minutes West 107.0 feet: to a point in the division line
between Lots 99 and 100 on said Plan, aforementioned; thence along the division line between
Lots 99 and 100 North 79 degrees 42 minutes East 141.0 feet to a point in the western line of
Greenbriar Drive, aforementioned, at the point and place of BEGINNING.
BEING Lot No. 99 on Plan No. 3 of Bunker Hills, which said Plan is recorded in the Cumberland
County Recorder's Office in Plan Book No. 22, Page 144.
HAVING thereon erected a dwelling known and numbered as 925 Greenbriar Drive,
Mechanicsburg, Pennsylvania.
UNDER AND SUBJECT NEVERTHELESS to easements, restrictions, reservations, conditions and
rights of way of record.
BEING the same premises which Dale G. Wingert and Darla R. Wingert, husband and wife, by
their deed dated April 23, 1992 and recorded May 11, 1992 in the Cumberland County Recorder
of Deeds Office in Deed Book Ci Volume 35, Page 1011, granted and conveyed unto Kathleen P.
Flannery, single person.
ALSO BEING the same premises which Kathleen P. Flannery, single woman, by her deed dated
October 21, 2010 and recorded December 22, 2010 in the Cumberland County Recorder of
Deeds Office to Instrument No. 201038062, granted and conveyed unto Theresa Moran, adult
individual.
EXHIBIT `A'
.r
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070
(717)938-6929
MEMBERS 1" FEDERAL
CREDIT UNION
PLAINTIFF
v.
,?.?`?-tJ?rlCtr .,,
a Hit: ?; 0 iNONOTAR
n l r- -6 010:45
CU PENNSYLVANIA TY
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 10-5667 Civil Term
KATHLEEN P. FLANNERY
DEFENDANT CIVIL ACTION -LAW
AFFIDAVIT PURSUANT TO RULE 3129.1
Members 1St Federal Credit Union, plaintiff, in the above action, sets forth as of
the date the praecipe for the writ of execution was filed the following information
concerning the real property located in Silver Spring Township, Cumberland County,
Pennsylvania, known and numbered as 925 Greenbriar Drive, Mechanicsburg, PA
17050.
1. Name and address of owner(s) or reputed owner(s):
Kathleen P. Flannery
925 Greenbriar Drive
Mechanicsburg, PA 17050
Theresa Moran
10139 Berrymade Place
Glen Allen, VA 23060
Theresa Moran
925 Greenbriar Drive
Mechanicsburg, PA 17050
2. Name and address of defendant(s) in the judgment:
Kathleen P. Flannery
925 Greenbriar Drive
Mechanicsburg, PA 17050
3. Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Members 1" Federal Credit Union
Attn.: Dave Thomas
5000 Louise Drive
Mechanicsburg, PA 17055
4. Name and address of the last recorded holder of every mortgage of record:
Wells Fargo Bank, N.A.
4456 Corporation Lane, Suite 300
Virginia Beach, VA 23462-0000
Wells Fargo Bank, N.A.
P.O. Box 11701
Newark, NJ 07101-4701
5. Name and address of every other person who has any record lien on the property:
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
7. Name and address of every other person of whom the plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
Domestic Relations
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Occupant
925 Greenbriar Drive
Mechanicsburg, PA 17050
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105-8486
I verify that the statements made in this affidavit are true and correct to the best of
my personal knowledge or information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: February 2, 2011
azl M. Ledebo , Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
OFF
?
F Ti pROTHONOTAH?
W I FE0 -8 W0.45
CUMBER gYLYAN A TY
PENN
Karl A Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1sT FEDERAL
CREDIT UNION
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
PLAINTIFF
V.
KATHLEEN P. FLANNERY
DEFENDANT
: NO.: 10-5667 Civil Term
: CIVIL ACTION -LAW
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
To: Kathleen P. Flannery
925 Greenbriar Drive
Mechanicsburg, PA 17050
Theresa Moran
925 Greenbriar Drive
Mechanicsburg, PA 17050
Theresa Moran
10139 Berrymade Place
Glen Allen, VA 23060
THE UNDERSIGNED ATTORNEY IS A DEBT COLLECTOR. PURSUANT
TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO
INFORM YOU THAT THIS DOCUMENT AND ANY SUBSEQUENT
CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT
A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. HOWEVER, IF YOU ARE CURRENTLY A DEBTOR IN
BANKRUPTCY OR HAVE RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS IS NOT AN ATTEMPT TO COLLECT A DEBT BUT AN EFFORT TO
FORECLOSE A LIEN ON REAL ESTATE.
Your house (real estate) at 925 Greenbriar Drive, Mechanicsburg, PA 17050, as
more particularly set forth and described on Exhibit "A" attached hereto and made
part hereof, is scheduled to be sold at Sheriff's Sale on June 1, 2011 at 10:00 a.m. in
the Office of the Sheriff, Cumberland County Courthouse, South Hanover Street,
Carlisle, PA 17013 to enforce the court judgment in the principal amount of
$18,236.60 plus interest at the legal rate, additional attorney's fees and costs of suit,
obtained by the above named Plaintiff against Kathleen P. Flannery.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the
amount of the judgment plus costs and reasonable attorney's fees. To find out how
much you must pay, you may call Karl M. Ledebohm, Esquire, at (717)938-6929.
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
3. You may be able to stop the sale through other legal proceedings. You may need
an attorney to assert your rights. The sooner you contact one, the more chance you
will have of stopping the sale. (See notice below to find out how to obtain an
attorney.
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest
bidder. You may find out the price bid by calling the Sheriff at the County
Courthouse.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due
in the sale. To find out if this has happened, you may call the Sheriff at the
County Courthouse, which number is listed below.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to
the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house.
A schedule of distribution of the money bid for your house will be filed by the
Sheriff on or before July 1, 2011 (within thirty (30) days after the Sheriff
Sale). This schedule will state who will be receiving that money. The money
will be paid out in accordance with this schedule unless exceptions (reasons
why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after the schedule of distribution is filed. by the Sheriff.
7. You may also have other rights and defenses, or ways of getting your house
back, if you act immediately after the sale.
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 LISTED BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)490-9108
The Sheriff's phone number is: (717)240-6390.
'01"o
1 M. Ledebohm, Esquire
preme Court ID #59012
O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
ALL THAT CERTAIN house and lot of ground situate in the Township of Silver Spring, County of
Cumberland and Commonwealth of Pennsylvania, bounded and described as follows:
BEGINNING at a point in the western line of Greenbriar Drive (50 feet wide), which said point is
in the division line between Lots Nos. 99 and 100 on the hereinafter mentioned plan of lots;
thence extending along the western line of Greenbriar Drive, South 10 degrees 18 minutes East
107.0 feet to a point in the division line between Lots 98 and 99 on said Plan; thence along the
division line between Lots Nos. 98 and 99 South 79 degrees 42 minutes West 141.0 feet to a
point in the line of land now or formerly of Garret & Shelley; thence along the line of said last
mentioned lands, North 10 degrees 18 minutes West 107.0 feel: to a point in the division line
between Lots 99 and 100 on said Plan, aforementioned; thence along the division line between
Lots 99 and 100 North 79 degrees 42 minutes East 141.0 feet to a point in the western line of
Greenbriar Drive, aforementioned, at the point and place of BEGINNING.
BEING Lot No. 99 on Plan No. 3 of Bunker Hills, which said Plan is recorded in the Cumberland
County Recorder's Office in Plan Book No. 22, Page 144.
HAVING thereon erected a dwelling known and numbered as 925 Greenbriar Drive,
Mechanicsburg, Pennsylvania.
UNDER AND SUBJECT NEVERTHELESS to easements, restrictions, reservations, conditions and
rights of way of record.
BEING the same premises which Dale G. Wingert and Darla R. Wingert, husband and wife, by
their deed dated April 23, 1992 and recorded May 11, 1992 in the Cumberland County Recorder
of Deeds Office in Deed Book 0, Volume 35, Page 1011, granted and conveyed unto Kathleen P.
Flannery, single person.
ALSO BEING the same premises which Kathleen P. Flannery, single woman, by her deed dated
October 21, 2010 and recorded December 22, 2010 in the Cumberland County Recorder of
Deeds Office to Instrument No. 201038062, granted and conveyed unto Theresa Moran, adult
individual.
EXHIBIT `A'
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-5667 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION Plaintiff (s)
From KATHLEEN P. FLANNERY
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
THERESA MORAN, 925 Greenbriar Drive, Mechanicsburg, PA 17050 and/or
THERESA MORAN, 10139 Berrymade Place, Glen Allen, VA 23060
Levy upon and seize the following real property of the Defendant, Kathleen P. Flannery and/or
Theresa Moran, Garnishee, and index this Writ against the following real property of Kathleen P.
Flannery and/or Theresa Moran, Garnishee, as a lis pendens.
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $18,236.60
Interest from 10/25/10 at the legal rate
Atty's Comm %
Atty Paid $170.00
Plaintiff Paid
Date: 2/8/11
(Seal)
L.L.$.50
Due Prothy $2.00
Other Costs
REQUESTING PARTY:
Name: KARL M. LEDEBOHM, ESQUIRE
Address: P. O: BOX 173
NEW CUMBERLAND, PA 17070
Attorney for: PLAINTIFF
Telephone: 717-938-6929
Supreme Court ID No. 59012
??rw?y
ZOtt i,R ?D V
rt?t't?C ?Y?„v??t?
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 ST FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
NO. 10-5667 Civil Term
Vs.
Amount Due: $18,236.60
KATHLEEN P. FLANNERY Interest from 10/25/10 at the legal rate
Attorney's Fees to be added
Costs to be added
DEFENDANT CIVIL ACTION - LAW
PRAECIPE FOR AMENDED WRIT OF EXECUTION
TO THE PROTHONOTARY: PLEASE ISSUE AN AMENDED WRIT OF
EXECUTION IN THE ABOVE MATTER:
(1) Directed to the Sheriff of Henrico County, Virginia;
(2) against Kathleen P. Flannery, 925 Greenbriar Drive, Mechanicsburg, PA 17050,
Defendant;
(3) against Kathleen P. Flannery, 925 Greenbriar Drive, Mechanicsburg, PA 17050,
Garnishee;
(4) against Theresa Moran, 925 Greenbriar Drive, Mechanicsburg, PA 17050 and/or
Theresa Moran, 10139 Berrymade Place, Glen Allen, VA 23060, as Garnishee;
(5) and index this writ
(a) against Kathleen P. Flannery, 925 Greenbriar Drive, Mechanicsburg, PA
17050, Defendant/Garnishee; and,
(b) against Theresa Moran, 925 Greenbriar Drive, Mechanicsburg, PA 17050
and/or Theresa Moran, 10139 Berrymade Place, Glen Allen, VA 23060,
as Garnishee;
and levy upon and seize the following real property of the Defendant, Kathleen P.
Flannery, and/or Theresa Moran, Garnishee, and index this writ against the following real
property of Kathleen P. Flannery and/or Theresa Moran, Garnishee, as a lis pendens:
All that certain tract of land and improvements thereon erected situate in Silver Spring
Township, Cumberland County, Pennsylvania, known and numbered as 925 Greenbriar
Drive, Mechanicsburg, Pennsylvania 17050 and as more particularly set forth and
described on Exhibit "A" attached hereto and made part hereof by reference.
Dated: March 9, 2011
I
c
Karl M. Ledebohm, Esquire
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
ALL THAT CERTAIN house and lot of ground situate in the Township of Silver Spring, County of
Cumberland and Commonwealth of Pennsylvania, bounded and described as follows:
BEGINNING at a point in the western line of Greenbriar Drive (50 feet wide), which said point is
in the division line between Lots Nos. 99 and 100 on the hereinafter mentioned plan of lots;
thence extending along the western line of Greenbriar Drive, South 10 degrees 18 minutes East
107.0 feet to a point in the division line between Lots 98 and 99 on said Plan; thence along the
division line between Lots Nos. 98 and 99 South 79 degrees 42 minutes West 141.0 feet to a
point in the line of land now or formerly of Garret & Shelley; thence along the line of said last
mentioned lands, North 10 degrees 18 minutes West 107.0 feet to a point in the division line
between Lots 99 and 100 on said Plan, aforementioned; thence along the division line between
Lots 99 and 100 North 79 degrees 42 minutes East 141.0 feet to a point in the western line of
Greenbriar Drive, aforementioned, at the point and place of BEGINNING.
BEING Lot No. 99 on Plan No. 3 of Bunker Hills, which said Plan is recorded in the Cumberland
County Recorder's Office in Plan Book No. 22, Page 144.
HAVING thereon erected a dwelling known and numbered as 925 Greenbriar Drive,
Mechanicsburg, Pennsylvania.
UNDER AND SUBJECT NEVERTHELESS to easements, restrictions, reservations, conditions and
rights of way of record.
BEING the same premises which Dale G. Wingert and Darla R. Wingert, husband and wife, by
their deed dated April 23, 1992 and recorded May 11, 1992 in the Cumberland County Recorder
of Deeds Office in Deed Book 0, Volume 35, Page 1011, granted and conveyed unto Kathleen P.
Flannery, single person.
ALSO BEING the same premises which Kathleen P. Flannery, single woman, by her deed dated
October 21, 2010 and recorded December 22, 2010 in the Cumberland County Recorder of
Deeds Office to Instrument No. 201038062, granted and conveyed unto Theresa Moran, adult
individual.
EXHIBIT 'A'
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
s! r,•,.-
L?i1 APR 27 } ? w?l
Pi E? _ a
CUMBERLAND
PENNS YU4" y
N,A
MEMBERS 1 FEDERAL : IN THE COURT OF COMMON PLEAS
CREDIT UNION : CUMBERLAND COUNTY,
PLAINTIFF
: PENNSYLVANIA
V.
KATHLEEN P. FLANNERY
DEFENDANT
: NO.: 10-5667 Civil Term
: CIVIL ACTION -LAW
AFFIDAVIT OF SERVICE OF NOTICE TO LIEN HOLURS PURSUANT TO
Pa. R.C.P, 3129.2 (c)
I, Karl M. Ledebohm, Esquire, hereby swear and affirm that on the 12th day of
April, 2011, I served the attached NOTICE TO LIENHOLDERS AND OTHER
PARTIES IN INTEREST pursuant to Pa. R.C.P. 3129.2(c) in the above captioned
matter upon the individuals/entities by first class mail, postage prepaid as set forth on
the PS Form 3817, copies of which are attached as Exhibit "1" and made part hereof.
I verify that the statements made in this affidavit are true and correct to the best
of my personal knowledge or information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unworn falsification to authorities.
Date: April 19, 2011
Karl M: Ledebohm, Esq`
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070
(717)938-6929
MEMBERS 1 ST FEDERAL
CREDIT UNION
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
V.
KATHLEEN P. FLANNERY
DEFENDANT
: NO.: 10-5667 Civil Term
: CIVIL ACTION -LAW
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
.
PURSUANT TO Pa. R.C.P. 3129.a(c)
To: (Addressee on PS Forms 3817)
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the
Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of
Cumberland County, directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, PA 17013
on June 1, 2011 at 10:00 a.m., the following described real estate which Kathleen P.
Flannery and Theresa Moran are the owner(s) and reputed owner(s) and on which you
may hold a lien or have an interest which could be affected by the sale of:
925 Greenbriar Drive
Mechanicsburg, PA 17050
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A7).
The said Writ of Execution has been issued on a judgment in the action of
MEMBERS 1ST FEDERAL
CREDIT UNION
PLAINTIFF
V.
KATHLEEN P. FLANNERY
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 10-5667 Civil Term
CIVIL ACTION - LAW
at Ex. No. 10-5667 Civil in the amount of $18,236.60 plus interest, additional
attorney's fees and costs.
Claims against property must be filed at the Office of the Sheriff before above
sale date.
Claims to proceeds must be made with the Office of the Sheriff before
distribution.
Schedule of Distribution will be filed in the Office ofthe Sheriff no later than
thirty (30) days from the sale date.
Exceptions to distributions or a Petition to Set Aside the Sale must be filed with
the Office of the Sheriff no later than ten (10) days from the date when Schedule of
Distribution is filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriff's Sale or this
Notice, you should contact your attorney as soon as possible.
Date: April 7, 2011
Respectft y sub 'tted,
Karl M. Ledebohm, Esq. '4
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
ALL THAT CERTAIN house and lot of ground situate in the Township of Silver Spring, County of
Cumberland and Commonwealth of Pennsylvania, bounded and described as follows:
BEGINNING at a point in the western line of Greenbriar Drive (50 feet wide), which said point is
in the division line between Lots Nos. 99 and 100 on the hereinafter mentioned plan of lots;
thence extending along the western line of Greenbriar Drive, South 10 degrees 18 minutes East
107.0 feet to a point in the division line between Lots 98 and 99 on said Plan; thence along the
division line between Lots Nos. 98 and 99 South 79 degrees 42 minutes West 141.0 feet to a
point in the line of land now or formerly of Garret & Shelley; thence along the line of said last
mentioned lands, North 10 degrees 18 minutes West 107.0 feet to a point in the division line
between Lots 99 and 100 on said Plan, aforementioned; thence along the division line between
Lots 99 and 100 North 79 degrees 42 minutes East 141.0 feet to a point in the western line of
Greenbriar Drive, aforementioned, at the point and place of BEGINNING.
BEING Lot No. 99 on Plan No. 3 of Bunker Hills, which said Plan is recorded in the Cumberland
County Recorder's Office in Plan Book No. 22, Page 144.
HAVING thereon erected a dwelling known and numbered as 925 Greenbriar Drive,
Mechanicsburg, Pennsylvania.
UNDER AND SUBJECT NEVERTHELESS to easements, restrictions, reservations, conditions and
rights of way of record.
BEING the same premises which Dale G. Wingert and Darla R. Wingert, husband and wife, by
their deed dated April 23, 1992 and recorded May 11, 1992 in the Cumberland County Recorder
of Deeds Office in Deed Book 0, Volume 35, Page 1011, granted and conveyed unto Kathleen P.
Flannery, single person.
ALSO BEING the same premises which Kathleen P. Flannery, single woman, by her deed dated
October 21, 2010 and recorded December 22, 2010 in the Cumberland County Recorder of
Deeds Office to Instrument No. 201038062, granted and conveyed unto Theresa Moran, adult
individual.
Tax Parcel No. 38-16-1064-030
EXHIBIT `A'
us POS
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CERTIFICATE OF MAILING
nL JCK VIOL
----------
- Karl M. Ledebohm, Esq.
- P.O. Box 173
New Cumberland, PA 1 7070-0 1 73
Members 1" Federal Credit Union
Attn.: Dave Thomas
5000 Louise Drive
Mechanicsburg, PA 17055
?. o? vJtU FLIR DOMESTIC AND INTERNATIONAL MAIL. DOES NO
PROVIDE FOR INSURANCE -POST MASTER O
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MEMBERS 1sT FEDERAL IN THE COURT OF COMMON PLEAS OF
CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
c CD
-q
V. rnm
Wr-
KATHLEEN P. FLANNERY,
CA
v
CD
DEFENDANT NO. 10-5667 CIVIL °
,? _ C-5
ORDER OF COURT C, °
C
AND NOW, this 26th day of May, 2011, upon consideration of the Defe ndant,
Kathleen Flannery's Petition to Strike Off Default Judgment,
IT IS HERBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Plaintiff to show cause why the relief requested should not
be granted;
2. The Plaintiff will file an answer on or before June 3, 2011;
3. A hearing/argument on this matter will be held on Friday, June 24, 2011, at 11:00
a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania.
4. Pending resolution of this Motion, all action in this case is stayed including the
Sheriff's Sale scheduled for June 1, 2011.
Karl M. Ledebohm, Esquire
/Attorney for Plaintiff
v Douglas France, Esquire
Attorney for Defendant
Sheriff 1?. m 1
Court Administrator T 1,
bas
By the Court,
19
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
a? era ??
'601, 01
4..7 ..
4?1 j-tr
ThE PPOTH0N0t?,,
2011 JLIL -5 PM 2: 11
CUMIERLANO COUNTY
PENNSYLVANIA
Members 1st FCU
vs.
Kathleen P. Flanne
Case Number
2010-5667
SHERIFF'S RETURN OF SERVICE
03/11/2011 05:04 P - Deputy Ronald Hoover, being duly sworn according to law, states service was performed by
posting true copy of the requested Real Estate Writ, Notice and Description, in the above titled action,
upon th property located at 925 Greenbriar Drive, Mechanicsburg, PA 17050, Cumberland County.
03/11/2011 05:04 P - Deputy Ronald Hoover, being duly sworn according to law, served the requested Real Estate
Writ, No ice and Description, in the above titled action, by making known its contents and at the same time
personally handing a true copy to a person representing themselves to be the Defendant, to wit: Kathleen
P. Flannery at 925 Greenbriar Drive, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland
County.
04/04/2011 Sheriff onny R. Anderson, being duly sworn according to law, states he served the requested Real
Estate Writ, Notice and Description, in the above titled action, in the following manner. The Sheriff mailed
a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit:
Theresa Moran at 10139 Berrymade Place, Glen Allen, VA 23060. The return receipt card was signed by
Thersa Moran on (card did not include signature date) and returned to the Cumberland County Sheriffs
Office.
05/26/2011 As direc ed by Karl M. Ledebohm, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/6/2011
07/01/2011 Ronny Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per lette of instruction from Attorney.
I
SHERIFF COST: $89.13 SO ANSWERS,
July 01, 2011
RON W R ANDERSON, SHERIFF
. 5) u L-- Io
ZY2,ii
Karl M. ? edebohm, Esquire
P.O. Bo _ 173
New Cumberland, PA 17070
(717)93 -6929
MEMBERS I"" FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
(PLAINTIFF
V. NO.: 10-5667 Civil Term
KATH I,EEN P. FLANNERY
EFENDANT CIVIL ACTION -LAW
AFFIDAVIT PURSUANT TO RULE 3129.1
Members 1" Federal Credit Union, plaintiff, in the above action, sets forth as of
the date the praecipe for the writ of execution was filed the following information
concerning the real property located in Silver Spring Township, Cumberland County,
Pennsylvania, known and numbered as 925 Greenbriar Drive, Mechanicsburg, PA
17050.1
ame and address of owner(s) or reputed owner(s):
Kathleen P. Flannery
925 Greenbriar Drive
Mechanicsburg, PA 17050
Theresa Moran
10139 Berrymade Place
Glen Allen, VA 23060
Theresa Moran
925 Greenbriar Drive
Mechanicsburg, PA 17050
2. Dame and address of defendant(s) in the judgment:
Kathleen P. Flannery
925 Greenbriar Drive
Mechanicsburg, PA 17050
3. Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
C 0
Members 1St Federal Credit Union
Attn.: Dave Thomas
5000 Louise Drive
Mechanicsburg, PA 17055
4. ?ame and address of the last recorded holder of every mortgage of record:
Wells Fargo Bank, N.A.
4456 Corporation Lane, Suite 300
Virginia Beach, VA 23462-0000
Wells Fargo Bank, N.A.
P.O. Box 11701
Newark, NJ 07101-4701
5. 1 ame and address of every other person who has any record lien on the property:
II
6. e and address of every other person who has any record interest in the
roperty and whose interest may be affected by the sale:
i
7. ame and address of every other person of whom the plaintiff has knowledge
ho has any interest in the property which may be affected by the sale:
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
Domestic Relations
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Occupant
925 Greenbriar Drive
Mechanicsburg, PA 17050
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105-8486
Y
I verify that the statements made in this affidavit are true and correct to the best of
my personal knowledge or information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
uns orn falsification to authorities.
?I
Dat Februar 2> 2011
Y
?I
Respect
"Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
M. Ledebohni, Esq.-
(717)938-6929
Attorney for Plaintiff
Karl A edebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938 6929
i
MEMB RS 1sT FEDERAL
CREDI UNION
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
TIFF
V.
KATH EEN P. FLANNERY
EFENDANT
NO.: 10-5667 Civil Term
CIVIL ACTION -LAW
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
To: Kathleen P. Flannery
925 Greenbriar Drive
Mechanicsburg, PA 17050
Theresa Moran
925 Greenbriar Drive
Mechanicsburg, PA 17050
Theresa Moran
10139 Beriymade Place
Glen Allen, VA 23060
T UNDERSIGNED ATTORNEY IS A DEBT COLLECTOR. PURSUANT
TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO
INFO YOU THAT THIS DOCUMENT AND ANY SUBSEQUENT
CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT
A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. HOWEVER, IF YOU ARE CURRENTLY A DEBTOR IN
BAN UPTCY OR HAVE RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS I NOT AN ATTEMPT TO COLLECT A DEBT BUT AN EFFORT TO
FORE LOSE A LIEN ON REAL ESTATE.
our house (real estate) at 925 Greenbriar Drive, Mechanicsburg, PA 17050, as
more particularly set forth and described on Exhibit "A" attached hereto and made
part hereof, is scheduled to be sold at Sheriff s Sale on June 1, 2011 at 10:00 a.m. in
the Office of the Sheriff, Cumberland County Courthouse, South Hanover Street,
Carlisle, PA 17013 to enforce the court judgment in the principal amount of
$18 236.60 plus interest at the legal rate, additional attorney's fees and costs of suit,
obt? fined by the above named Plaintiff against Kathleen P. Flannery.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
o prevent this Sheriff s Sale, you must take immediate action:
1. he Sheriff Sale will be cancelled if you pay to the above named Plaintiff the
am cunt of the judgment plus costs and reasonable attorney's fees. To find out how
much you must pay, you may call Karl M. Ledebohm, Esquire, at (717)938-6929.
2. ou may be able to stop the sale by filing a petition asking the Court to strike or
ope the judgment, ifthe judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
3. 'You may be able to stop the sale through other legal proceedings. You may need
an a omey to assert your rights. The sooner you contact one, the more chance you
will have of stopping the sale. (See notice below to find out how to obtain an
OU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
If the Sheriff s Sale is not stopped, your property will be sold to the highest
bidder. You may find out the price bid by calling the Sheriff at the County
Courthouse.
You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
The sale will go through only if the buyer pays the Sheriff the full amount due
in the sale. To find out if this has happened, you may call the Sheriff at the
County Courthouse, which number is listed below.
If the amount due from the buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale never happened.
4
S. You have a right to remain in the property until the full amount due is paid to
the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
You may be entitled to a share of the money which was paid for your house.
A schedule of distribution of the money bid for your house will be filed by the
Sheriff on or before July 1, 2011 (within thirty (30) days after the Sheriff
Sale). This schedule will state who will be receiving that money. The money
will be paid out in accordance with this schedule unless exceptions (reasons
why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after the schedule of distribution is filed by the Sheriff.
You may also have other rights and defenses, or ways of getting your house
back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
Z TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE
)U CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
Sheriff's phone number is: (717)240-6390.
K 1 M. Ledebohm, Esquire
preme Court ID #59012
4".0. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
ALL THAT :ERTAIN house and lot of ground situate in the Township of Silver Spring, County of
Cumberland and Commonwealth of Pennsylvania, bounded and described as follows:
i
BEGINNIN? at a point in the western line of Greenbriar Drive (50 feet wide), which said point is
in the division line between Lots Nos. 99 and 100 on the hereinafter mentioned plan of lots;
thence extending along the western line of Greenbriar Drive, South 10 degrees 18 minutes East
107.0 feet to a point in the division line between Lots 98 and 99 on said Plan; thence along the
division lin between Lots Nos. 98 and 99 South 79 degrees 42 minutes West 141.0 feet to a
point in the line of land now or formerly of Garret & Shelley; thence along the line of said last
mentioned lands, North 10 degrees 18 minutes West 107.0 feet to a point in the division line
between Lots 99 and 100 on said Plan, aforementioned; thence along the division line between
Lots 99 an 100 North 79 degrees 42 minutes East 141.0 feet to a point in the western line of
Greenbriar Drive, aforementioned, at the point and place of BEGINNING.
BEING Lot o. 99 on Plan No. 3 of Bunker Hills, which said Plan is recorded in the Cumberland
County Rec rder's Office in Plan Book No. 22, Page 144.
HAVING th reon erected a dwelling known and numbered as 925 Greenbriar Drive,
Mechanics urg, Pennsylvania.
UNDER ANSUBJECT NEVERTHELESS to easements, restrictions, reservations, conditions and
rights of wa of record.
BEING the s me premises which Dale G. Wingert and Darla R. Wingert, husband and wife, by
their deed dated April 23, 1992 and recorded May 11, 1992 in the Cumberland County Recorder
of Deeds Office in Deed Book Q Volume 35, Page 1011, granted and conveyed unto Kathleen P.
Flannery, si gle person.
ALSO BEING the same premises which Kathleen P. Flannery, single woman, by her deed dated
October 21, 010 and recorded December 22, 2010 in the Cumberland County Recorder of
Deeds Office to Instrument No. 201038062, granted and conveyed unto Theresa Moran, adult
individual.
EXHIBIT `A'
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 10-5667 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE ISHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION Plaintiff (s)
From KATHLEEN P. FLANNERY
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNIS EE(S) as follows:
THERESA MORAN, 925 Greenbriar Drive, Mechanicsburg, PA 17050 and/or
THERESA MORAN, 10139 Berrymade Place, Glen Allen, VA 23060
Levy up n and seize the following real property of the Defendant, Kathleen P. Flannery and/or
Theresa oran, Garnishee, and index this Writ against the following real property of Kathleen P.
Flannery and/or Theresa Moran, Garnishee, as a lis pendens.
and to no ify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying an debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $18,236.60 L.L.S.50
Interest from 10/25/10 at the legal rate
Atty's Comm % Due Prothy $2.00
Atty Paid $170.00
Plaintiff P id
Date: 2/8/ 1
(Seal)
Other Costs
Buell, Prot onotary
By:
Deputy
REQUES ING PARTY:
Name: KA RL M. LEDEBOHM, ESQUIRE
Address: F . O. BOX 173
N W CUMBERLAND, PA 17070
Attorney f or: PLAINTIFF
Telephone 717-938-6929
Supreme C ourt ID No. 59012
TRUE COPY FkOM RECORD
In Test6rnony w;,ereu,, I here unto set my hand
and the :.eal of said Ouuit at Carlisle, Pa.
This "? day of 20 11
Iv ,rF?-cfhonotary
On March 3, 2011. the Sheriff levied upon the
defendant's interest in the real property situated in
Silver Spring Township, Cumberland County, PA,
Known and numbered as, 925 Greenbriar Drive,
Mechanicsburg, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: March 3, 2011
By:
Real Estate Coordinator
CUMBERLAND LAW JOURNAL
Writ
Atty.:
ALL THA'
of ground si
Silver Sprint
and Commo.
bounded an
BEGINN
western line
feet wide), w
division line
and 100 or
tioned plan i
along the we
Drive, Soutl.
East 107.0 f
sion line bet
said Plan; tt
line betweei
South 79 de
141.0 feet b
land now of
Shelley; ther
last mention
grees 18 mir
a point in t1
Lots 99 and
mentioned; t
line between
79 degrees
feet to a ooir
2010-5667 Civil
1st FCU
vs.
een P. Flannery
arl M. Ledebohm
CERTAIN house and lot
late in the Township of
County of Cumberland
wealth of Pennsylvania,
described as follows:
VG at a point in the
if Greenbriar Drive (50
uch said point is in the
between Lots Nos. 99
the hereinafter men-
' lots; thence extending
tern line of Greenbriar
10 degrees 18 minutes
et to a point in the divi-
7een Lots 98 and 99 on
!nce along the division
Lots Nos. 98 and 99
;Tees 42 minutes West
a point in the line of
formerly of Garret 3ti
:e along the line of said
d lands, North 10 de-
ites West 107.0 feet to
division line between
00 on said Plan, afore-
ence along the division
ots 99 and 100 North
2 minutes East 141.0
in the western line of
ive, aforementioned, at
place of BEGINNING
No. 99 on Plan No. 3
Is, which said Plan is
e Cumberland County
Tice in Plan Book No.
BEING the same premises which
Dale G. Wingert and Darla R. Wing-
ert, husband and wife, by their deed
dated April 23, 1992 and recorded
May 11, 1992 in the Cumberland
County Recorder of Deeds Office in
Deed Book Q, Volume 35, Page 1011,
granted and conveyed unto Kathleen
P. Flannery, single person.
ALSO BEING the same premises
which Kathleen P. Flannery, single
woman, by her deed dated October
21, 2010 and recorded December
22, 2010 in the Cumberland County
Recorder of Deeds Office to Instru-
ment No. 201038062, granted and
conveyed unto Theresa Moran, adult
individual.
the point anc
BEING Lc
of Bunker H.
recorded in t
Recorder's O
22, Page 144
HAVING t
ing known a
Greenbriar I
THELESS to
reservations,
way of record
on erected a dwell-
numbered as 925
e, Mechanicsburg,
SUBJECT NEVER-
ments, restriction.,,
iitions and rights of
22
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMO WEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND :
Lis Marie Coyne, :Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a 1 gal periodical published in the Borough of Carlisle in the County and State aforesaid,
was establi hed January 2, 1952, and designated by the local courts as the official legal
periodical or the publication of all legal notices, and has, since January 2, 1952, been regularly
issued wee ly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on he following dates,
viz:
April 22, Aril 29, and May 6, 2011
Affi t further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements s to time, place and character of publication are true.
isa Marie Coyne, E itor
SWORN TO AND SUBSCRIBED before me this
?6 day of May, 2011
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
The Patriot-News Co.
2020 Technology Pkwy
Suite 300
Mechanicsburg„ PA 17050
Inquiries - 717;255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERL/ ND COUNTY COURT HOUSE
CARLISLE
PA 17013
t4e?latriot-News
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Holly Blain, being duly sworn according to law, deposes and says
That she is a Sta Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have een continuously published ever since;
That the printed n tice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Com unity Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and cha acter of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-New Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board o directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of auphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
04/22111
04/29111
05106/11
Sworn to and cribed befo me this?23 d o? Oay, 2011 A.D.
Notary Pubic
COMMONWEALTH OF
?- Noterial'F?YLVgNLA
Sherrie L
Lower Paten KlWp., Notary Public
My Commis?ipn" auphin County
Expires NOV. 26, 2011
Member, Pennsylyania Association Notaries
?. QWT4M
pti ? ?po+Y
ALL TTW CEIMIN' house and lot
of WMM situate in the Tbwnahip of
Silver Spring, County of Cumberland
and filth of Pe
nnsytvania,
bounded and destxibed as follows:
13 rNING at a point in the western line
Gnb>ior Drive (30 feet wide), which
said point is.in tI* division, line between
Lots Nm 99 and 100 on the hereinafter
mentioned plan of lots; thence ezteading
along the western line of Greenbriar Drive,
South 10 degrees.18'minutes East 107.0
feet to a point in the di6ivotr hie befi en
Lots 98 and 99 on said Plan; thence along
the division line between Lots No& 98 and
99 St>rrih 79 < Ft" `42 minute, Wiest 141.0
feet to a point in the line of land now or
formerly of Garret & Shelley; thence along
the line of JaBt mentioned lands, North
10 degrees s West 107,0 feet to
a point m the divilrne between Lots
99 and 100 on.said P(ap sforptneationed;
thence along t d>v?x n fine betweeq Lots
99 and 104 Itb o Q? minutes
11
East 141.0 feet to a poe9t in the western
fine of Greenbrier Drive, aforersentioned,
at the point and B 1NfNG:
BEING Lot No0 99 an ?lap' No. 3 of
Bunker HA which said Ptah g recorded
in the Canty "RWe der s
OffiP'irt 'PlAt br** Nb- t Y44.
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AVHrIt3 "con drettdd a
11
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known
rat as 5
UNDER ??ANT) 8, ?'iteerlbiiar
Penpsylvania.
StR31ECr
NELESS to easements,
restrletiom, reservations, conditions
and rots of way of record.
BEII (3 flit '$u" pretneses which Dale G.
Wingert and DA& R. Wbgert, husband'
and wife, by their deed dated April 23,
1992 and too* M,?, 11, 1992 in the
Cumberland Recorder of Deeds
Office in Dee I Q, Volume 35,
Page 1011, grate and conveyed unto
Kathleen P Monety, single Person.
ALSO N P ?G * Mne Premises which
atmely, siat?e wain' ' het•
deed dated
fktober 21,' p1ft and recorded
Deeember 22 ' ZRHi in the mod
County 1be M*r of No* t,
fiwtruvift- NO' ?783A?S and
uW Tlicrcea adult
i
.41
MEMBERS 1St FEDERAL : IN THE COURT OF COMMON PLEAS OF
CREDIT UNION : CUMBERLAND COUNTY
PENNSYLVANIA
PLAINTIFF ,
V rn
.
:Z
KATHLEEN P. FLANNERY, -<> 1o
DEFENDANT NO. 10-5667 CIVIL
z C)
?
N
C-- r,-t
IN RE: PETITION TO STRIKE OFF DEFAULT JUDGMENT"`
ORDER OF COURT
AND NOW, this 11th day of July, 2011, upon consideration of the Petition to Strike Off
Default Judgment filed on behalf of Kathleen P. Flannery and Theresa Moran (the "Petition")
Members Vt Federal Credit Union's Response thereto, and after oral argument,
IT IS HEREBY ORDERED AND DIRECTED that:
1. The Petition is DENIED.
2. The stay of action imposed by order dated May 26, 2011, is lifted and
Members 1St is hereby permitted to proceed to Sheriff's Sale in this matter.
By the Court,
llt? 0
M. L. Ebert, Jr.,
?? IYl
AKjj
'Karl M. Ledebohm, Esquire
Attorney for Plaintiff
P. O. Box 173
New Cumberland, PA 17070-0173
Douglas P. France, Esquire
Attorney for Defendant
2675 Eastern Blvd.
York, PA 17402-2095
J.
MEMBERS 1St FEDERAL
CREDIT UNION
PLAINTIFF
V.
KATHLEEN P. FLANNERY,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-5667 CIVIL
IN RE: PETITION TO STRIKE OFF DEFAULT JUDGMENT
OPINION AND ORDER OF COURT
Background
Pending before this Court is Defendant, Kathleen P. Flannery's, Petition to Strike Off
Default Judgment ("Petition"). On October 25, 2010, a judgment was entered against the
Defendant in favor of Plaintiff, Members 1St Federal Credit Union.' Judgment arises from failure
of the Defendant to make payments under a Credit Card Agreement and Disclosure2 between the
parties.
A brief procedural history is provided to better illustrate the timeframe of events
occurring before this Court. This civil action commenced with a Notice to Defend and Claim
Rights and Plaintiff's Complaint filed on September 1, 2010. On September 14, 2010, the
Sheriff's Return of Service was filed. On October 25, 2010, Plaintiff filed a Praecipe to enter
judgment against Defendant for failure to file an Answer to the Complaint. On February 8, 2010,
Plaintiff filed a Praecipe for Writ of Execution directed to the Sheriff of Cumberland County,
Pennsylvania, an Affidavit Pursuant to Rule 3129.1, and a Notice of Sheriff's Sale of Real
Estate. On March 14, 2011, Plaintiff filed a Praecipe for Amended Writ of Execution directed to
the Sheriff of Henrico County, Virginia. On April 18, 2011, Plaintiff filed a Praecipe to Make
Plaintiff's Praecipe Requesting Judgment, filed Oct. 25, 2010.
Plaintiff s Complaint, filed Sept. 1, 2010, ¶ 12.
Affidavit of Service Part of Record. On April 27, 2011, Plaintiff filed an Affidavit of Service of
Notice to Lien Holders Pursuant to Pa. R.C.P. 3129.2(c). On May 24, 2011, Defendant filed a
Petition to Strike Off the Default Judgment. This being the Default Judgment which had been
entered by the Plaintiff on October 25, 2010. On May 31, 2011, Plaintiff filed a Response to
Petition to Strike Off Default Judgment leading to the present controversy. Oral argument on the
matter was held on June 24, 2011.
Discussion
In US Bank N.A. v. Mallory, 982 A.2d 986 (Pa. Super. Ct. 2009), the Superior Court of
Pennsylvania described a petition to strike judgment as follows:
A petition to strike a judgment is a common law proceeding which operates as a
demurrer to the record. A petition to strike the judgment may be granted only for
a fatal defect or irregularity appearing on the face of the record .... An order
of the court striking a judgment annuls the original judgment and the parties are
left as if no judgment had been entered.
Cintas Corp. v. Lee's Cleaning Servs., 549 Pa. 84, 89-90, 700 A.2d 915, 917
(1997). Also, "[w]hen deciding if there are fatal defects on the face of the record
for the purpose of a petition to strike a judgment, a court may only look at what
was in the record when the judgment was entered." Id. at 90, 700 A.2d at 917.
Id. at 991 (emphasis added). Additionally the Court went on to say, "where a fatal defect or
irregularity is apparent from the face of the record, the Prothonotary will be held to have lacked
the authority to enter default judgment and the default judgment will be considered void." Id.
(citing State Farm Ins. Co. v. Barton, 905 A.2d 993 (Pa. Super. Ct. 2006)). A case-by-case
analysis has been used when determining whether a "fatal defect" existed to warrant the grant for
a petition to strike a judgment. See, e.g., Erie Ins. Co. v. Bullard, 839 A.2d 383 (Pa. Super. Ct.
2003) (finding a fatal defect where insurer failed to comply with Rule 237.1 in forwarding notice
of intent to enter a praecipe for default judgment to insured); Malizia v. Beckley, 513 A2d 417
(Pa. Super. Ct. 1986) (finding no fatal defect where typed signature of attorney was in
2
substantially the form required by Rule 237.1(c)); George H. Althof Inc v Spartans Inns of
America, Inc., 441 A.2d 1236 (Pa. Super. Ct. 1982) (finding no fatal defect where verification by
attorney failed to set forth information required by Rule 1024(c)); Monroe Contract Corp. v.
Harrison Square Inc., 405 A.2d 954 (Pa. Super. Ct. 1979) (finding no fatal defect where
verification by attorney was not in strict compliance with the language of Rule 1024).
Although a fact specific analysis, often in conjunction with the Pennsylvania Rules of
Civil Procedure ("Pa.R.C.P."), is applied in determining if a fatal defect exists on the face of the
record, "courts should not be astute in enforcing technicalities to defeat apparently meritorious
claims[.]" West Penn Sand & Gravel Co v Ship ip_ngport Sand Co., 80 A.2d 84, 86 (Pa. 1951).
When a defect does not lead to confusion, or is inconsequential to a meritorious claim., a petition
to strike a judgment should not be granted. See Malizia, 513 A.2d at 419; Monroe Contract
Corp, 405 A.2d at 957.
An error can be classified as a non-fatal defect when the error on the face of the record,
or the possibility of an amendment of an error, would not prejudice the defendant or third
persons. See Atlantic Nat'l Trust, L.L.C. v. Stivala Ines Inc., 922 A.2d 919, 923 (Pa. Super. Ct.
2007) (stating "Because [Appellant] did not make any allegations of prejudice due to
[Appellee]'s failure to conform to Pa.R.C.P. 2952(a)(5), we hold that the trial court did not err
when it denied [Appelant]'s petition to strike...."); George H. Althof Inc., 441 A.2d at 1238;
Monroe Contract Coro., 405 A.2d at 959 ("It would not be in the best interests of judicial
economy to remand the matter for the sole purpose of effecting a miniscule and purely formal
amendment."). The Superior Court has said, "[w]hile we do not, of course, condone willful
noncompliance with our procedural rules, a hypertechnical reading of each clause, and a blind
3
insistence on precise, formal adherence, benefits neither the judicial system nor those utilizing
that system." Monroe Contract Corp., 405 A.2d at 958.
At oral argument the Defendant relied heavily on the Supreme Court case, Cintas Corp.
v. Lee's Cleaning Servs., 700 A.2d 915 (Pa. 1997). The Court reversed the Order of the Superior
Court and reinstated the Trial Court's Order denying the petition to strike. 700 A.2d 915, 920
(Pa. 1997). At issue before the Court was whether the record supporting the default judgment
was fatally defective because service violations of Pa.R.C.P. No. 405 and 425. Id. at 917. The
Plaintiff admitted that return of service was defective under Rule 405(a) because Howard
Zavodnick instead of Albert Zavodnick, the person who actually made service, completed the
return of service. Id. The Court in reaching its decision distinguished between the fatal defect
commonly found in failure of service versus the non-fatal defect of incorrect return of service:
Thus, improper service is not merely a procedural defect that can be ignored when
a defendant subsequently learns of the action against him or her. However, the
absence of or a defect in a return of service does not necessarily divest a court of
jurisdiction of a defendant who was properly served.
Id. at 918 (internal citations omitted). Although the Court found a specific violation of a rule of
civil procedure on the face of the record, "the return of service contained sufficient information
for a court to determine that service was proper, and any noncompliance with Rule 405(a) did
not render service fatally defective." Id.
In the case before this Court, the issue is whether the Praecipe for entry of default
judgment ("Praecipe") incorrectly stating Rule 3031, instead of Rule 1037, rises to the level of a
fatal defect requiring a grant of Defendant's Petition to Strike Off the Default Judgment.
The power of the Prothonotary to enter a judgment in favor of a party is limited under
Rule 1037 to two ministerial functions: (1) enter a judgment of non pros against a plaintiff failing
to file a complaint after a writ of summons against defendant was filed; and (2) enter a judgment
4
against defendant for failing to file an answer to a proper complaint. See Gotwalt v. Dellinger,
577 A.2d 623, 625 (Pa. Super. Ct. 1990). Although Defendant correctly asserts that a
Prothonotary who enters a judgment outside the power of Rule 1037 is void, in the present case
the Prothonotary performed the authorized ministerial act of entering a judgment within the
boundaries and spirit of Rule 1037(b). See id. at 626. The Plaintiff's technical, clerical error in
misstating the rule did not change the intended and actual action taken by the Prothonotary.
The facts and procedural history present a situation where although a clerical error was
made in the Praecipe, the defect was neither confusing, nor did it result in any prejudice to the
Defendant. The Plaintiff's Praecipe surrounds the incorrectly stated rule with language
commonly associated with an entry of default judgment pursuant to Pa.R.C.P. No. 1037:
Please enter judgment in the above captioned proceeding in favor of
Members 1 S` Federal Credit Union, Plaintiff, and against the Defendant,
KATHLEEN P. FLANNERY, in the amount of EIGHTEEN THOUSAND TWO
HUNDRED THIRTY-SIX AND 60/100 DOLLARS ($18,236.60) plus interest at
the legal rate on and after entry of judgment until the date of payment, additional
attorney's fees and cost of suit. Judgment is entered pursuant to Pa. R.C.P. 3031
for failure to file an Answer on behalf of Defendant, Kathleen P. Flannery, to
Plaintiff's Complaint within twenty (20) days of service thereof and after a
10-day Notice was sent.
(emphasis added). Aside from the clerical error of stating "3031 ", no language associated with or
reference to a "Judgment of Revival. Lien" corresponding to Pa.R.C.P. No. 3031 is apparent in
the Plaintiff's Praecipe. Also, the notices of intent to take default judgment provided the
Defendant with additional warning:
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 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.
5
Although Rule 1037 is not specifically stated, the Defendant is given notice of the default
judgment that may be entered. Finally, the Defendant, after waiting nine months from the filing
of Plaintiff's Complaint, now asks this Court to strike a meritorious judgment based upon a
technical clerical error, with no claim of prejudice. We cannot in this case be so "astute" in
enforcing a technicality as to defeat a meritorious claim.
Accordingly the following order is entered:
AND NOW, this 11th day of July, 2011, upon consideration of the Petition to
Strike Off Default Judgment filed on behalf of Kathleen P. Flannery and Theresa Moran (the
"Petition"), Members 1St Federal Credit Union's Response thereto, and after oral argument,
IT IS HEREBY ORDERED AND DIRECTED that:
1. The Petition is DENIED.
2. The stay of action imposed by order dated May 26, 2011, is lifted and
Members 1St is hereby permitted to proceed to Sheriff's Sale in this matter.
M. L. Ebert, Jr.,
Karl M. Ledebohm, Esquire
Attorney for Plaintiff
P. O. Box 173
New Cumberland, PA 17070-0173
Douglas P. France, Esquire
Attorney for Defendant
2675 Eastern Blvd.
York, PA 17402-2095
6
By the Court,
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-5667 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MEMBERS LST FEDERAL CREDIT UNION,
Plaintiff (s)
From KATHLEEN P. FLANNERY
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession F4 /70
of erib?'r0.r -p>jve, WLpC /l?,r-S?/° 1 so
GARNISHEE(S) as follows:
Kathleen P, Flaorwrq, 9d$ tTreCr ??ve- m??1'IQrt?GSb r F? lZDSO
'
-rMereSA fvtoran 1013q a" mad2 'places Glen I*Uen, VA a 30(c0
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due: $18,236.00 L.L.:
Interest from 10/25/10 at the Legal Rate
Atty's Comm: % Due Prothy: $2.00
Arty Paid: $1,084.63 Other Costs:
Plaintiff Paid:
Date: 8/29/11
D. B ell, Prothonot
(Seal) LB:
Deput
y
REQUESTING PARTY:
Name: KARL M. LEDEBOHM, ESQUIRE
Address: ATTORNEY-AT-LAW
P.O. BOX 173
NEW CUMBERLAND, PA 17070
Attorney for: PLAINTIFF
Telephone: 717-938-6929
Supreme Court ID No. 59012
-- j!. 7'e......# ter..
AEG 2 9 > t 11 : 43
J11BERLAND COUNTY
HUNSYLVANIA
Karl A 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
NO. 10-5667 Civil Term
Vs.
Amount Due: $18,236.60
KATHLEEN P. FLANNERY Interest from 10/25/10 at the legal rate
Attorney's Fees to be added
Costs to be added
DEFENDANT CIVIL ACTION - LAW
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE
MATTER:
(1) Directed to the Sheriff of Cumberland County, Pennsylvania;
(2) against Kathleen P. Flannery, 925 Greenbriar Drive, Mechanicsburg, PA 17050,
Defendant;
(3) against Kathleen P. Flannery, 925 Greenbriar Drive, Mechanicsburg, PA 17050,
Garnishee;
(4) against Theresa Moran, 925 Greenbriar Drive, Mechanicsburg, PA 17050 and/or
Theresa Moran, 10139 Berrymade Place, Glen Allen, VA 23060, as Garnishee;
O (5) and index this writ
%BN.OD 1 d
T7. oo C5F
?1 3.1311 1r !!o
0.9-00 a 11
sa.OD
14.w it `l
(t let
PC, AU cy
(a) against Kathleen P. Flannery, 925 Greenbriar Drive, Mechanicsburg, PA
17050, Defendant/Garnishee; and,
(b) against Theresa Moran, 925 Greenbriar Drive, Mechanicsburg, PA 17050
and/or Theresa Moran, 10139 Berrymade Place, Glen Allen, VA 23060,
as Garnishee;
and levy upon and seize Defendant's, Kathleen P. Flannery's, interest in the following
real property and levy upon and seize the following real property of the Defendant,
Kathleen P. Flannery, and/or Theresa Moran, Garnishee, and index this writ against the
following real property of Kathleen P. Flannery and/or Theresa Moran, Garnishee, as a
Gs pendens:
All that certain tract of land and improvements thereon erected situate in Silver Spring
Township, Cumberland County, Pennsylvania, known and numbered as 925 Greenbriar
Drive, Mechanicsburg, Pennsylvania 17050 and as more particularly set forth and
described on Exhibit "A" attached hereto and made part hereof by reference.
Dated: August 26, 2011
rI 1 M. Lee ohm, Esquire
reme Court ID #59012
Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
ALL THAT CERTAIN house and lot of ground situate in the Township of Silver Spring, County of
Cumberland and Commonwealth of Pennsylvania, bounded and described as follows:
BEGINNING at a point in the western line of Greenbriar Drive (50 feet wide), which said point is
in the division line between Lots Nos. 99 and 100 on the hereinafter mentioned plan of lots;
thence extending along the western line of Greenbriar Drive, South 10 degrees 18 minutes East
107.0 feet to a point in the division line between Lots 98 and 99 on said Plan; thence along the
division line between Lots Nos. 98 and 99 South 79 degrees 42 minutes West 141.0 feet to a
point in the line of land now or formerly of Garret & Shelley; thence along the line of said last
mentioned lands, North 10 degrees 18 minutes West 107.0 feet to a point in the division line
between Lots 99 and 100 on said Plan, aforementioned; thence along the division line between
Lots 99 and 100 North 79 degrees 42 minutes East 141.0 feet to a point in the western line of
Greenbriar Drive, aforementioned, at the point and place of BEGINNING.
BEING Lot No. 99 on Plan No. 3 of Bunker Hills, which said Plan is recorded in the Cumberland
County Recorder's Office in Plan Book No. 22, Page 144.
HAVING thereon erected a dwelling known and numbered as 925 Greenbriar Drive,
Mechanicsburg, Pennsylvania.
UNDER AND SUBJECT NEVERTHELESS to easements, restrictions, reservations, conditions and
rights of way of record.
BEING the same premises which Dale G. Wingert and Darla R. Wingert, husband and wife, by
their deed dated April 23, 1992 and recorded May 11, 1992 in the Cumberland County Recorder
of Deeds Office in Deed Book 0,, Volume 35, Page 1011, granted and conveyed unto Kathleen P.
Flannery, single person.
ALSO BEING the same premises which Kathleen P. Flannery, single woman, by her deed dated
October 21, 2010 and recorded December 22, 2010 in the Cumberland County Recorder of
Deeds Office to Instrument No. 201038062, granted and conveyed unto Theresa Moran, adult
individual.
Tax Parcel No. 38-16-1064-030
EXHIBIT 'A'
a ,i r?T 1110t'oTAY
i _. t !,._ t t, ;,3 c Rid 1 1 t1: 14,E
L 9 A
Karl M. Ledebohm, Esquire
P.O. Box 173 'UMBERLAND COUNTY
New Cumberland, PA 17070 E ?? LyA I A
(717)938-6929
MEMBERS 1sT FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
V. NO.: 10-5667 Civil Term
KATHLEEN P. FLANNERY
DEFENDANT CIVIL ACTION -LAW
AFFIDAVIT PURSUANT TO RULE 3129.1
Members 0 Federal Credit Union, plaintiff, in the above action, sets forth as of
the date the praecipe for the writ of execution was filed the following information
concerning the real property located in Silver Spring Township, Cumberland County,
Pennsylvania, known and numbered as 925 Greenbriar Drive, Mechanicsburg, PA
17050.
1. Name and address of owner(s) or reputed owner(s):
Kathleen P. Flannery
925 Greenbriar Drive
Mechanicsburg, PA 17050
Theresa Moran
10139 Berrymade Place
Glen Allen, VA 23060
Theresa Moran
925 Greenbriar Drive
Mechanicsburg, PA 17050
2. Name and address of defendant(s) in the judgment:
Kathleen P. Flannery
925 Greenbriar Drive
Mechanicsburg, PA 17050
3. Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Members 1St Federal Credit Union
Attn.: Dave Thomas
5000 Louise Drive
Mechanicsburg, PA 17055
4. Name and address of the last recorded holder of every mortgage of record:
Wells Fargo Bank, N.A.
4456 Corporation Lane, Suite 300
Virginia Beach, VA 23462-0000
Wells Fargo Bank, N.A.
P.O. Box 11701
Newark, NJ 07101-4701
5. Name and address of every other person who has any record lien on the property:
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
7. Name and address of every other person of whom the plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
Domestic Relations
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Occupant
925 Greenbriar Drive
Mechanicsburg, PA 17050
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105-8486
I verify that the statements made in this affidavit are true and correct to the best of
my personal knowledge or information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: August 23, 2011 Respectful miffed,
-SH G
/2prM.Iedebohm, Esq.
Sueme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
u r0N0TA ,
2, ai i LIS 2'J N 11: 14 y;
`,MBERLAND COUNT`,'
PENNSYLVANIA
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1ST FEDERAL
CREDIT UNION
PLAINTIFF
V.
KATHLEEN P. FLANNERY
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: NO.: 10-5667 Civil Term
CIVIL ACTION -LAW
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
To: Kathleen P. Flannery
925 Greenbriar Drive
Mechanicsburg, PA 17050
Theresa Moran
925 Greenbriar Drive
Mechanicsburg, PA 17050
Theresa Moran
10139 Berrymade Place
Glen Allen, VA 23060
THE UNDERSIGNED ATTORNEY IS A DEBT COLLECTOR PURSUANT
TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO
INFORM YOU THAT THIS DOCUMENT AND ANY SUBSEQUENT
CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT
A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. HOWEVER, IF YOU ARE CURRENTLY A DEBTOR IN
BANKRUPTCY OR HAVE RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS IS NOT AN ATTEMPT TO COLLECT A DEBT BUT AN EFFORT TO
FORECLOSE A LIEN ON REAL ESTATE.
Your house (real estate) at 925 Greenbriar Drive, Mechanicsburg, PA 17050, as
more particularly set forth and described on Exhibit "A" attached hereto and made
part hereof, is scheduled to be sold at Sheriff's Sale on December 7, 2011 at 10:00
a.m. in the Office of the Sheriff, Cumberland County Courthouse, South Hanover
Street, Carlisle, PA 17013 to enforce the court judgment in the principal amount of
$18,236.60 plus interest at the legal rate, additional attorney's fees and costs of suit,
obtained by the above named Plaintiff against Kathleen P. Flannery.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the
amount of the judgment plus legal interest and costs. To find out how much you must
pay, you may call Karl M. Ledebohm, Esquire, at (717)938-6929.
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
3. You may be able to stop the sale through other legal proceedings. You may need
an attorney to assert your rights. The sooner you contact one, the more chance you
will have of stopping the sale. (See notice below to find out how to obtain an
attorney.
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest
bidder. You may find out the price bid by calling the Sheriff at the County
Courthouse.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due
in the sale. To find out if this has happened, you may call the Sheriff at the
County Courthouse, which number is listed below.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to
the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house.
A schedule of distribution of the money bid for your house will be filed by the
Sheriff on or before January 6, 2012 (within thirty (30) days after the Sheriff
Sale). This schedule will state who will be receiving that money. The money
will be paid out in accordance with this schedule unless exceptions (reasons
why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after the schedule of distribution is filed by the Sheriff.
7. You may also have other rights and defenses, or ways of getting your house
back, if you act immediately after the sale.
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 LISTED BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
The Sheriff's phone number is: (717)240-6390.
T?arl M. Ledebohm, Esquire
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
ALL THAT CERTAIN house and lot of ground situate in the Township of Silver Spring, County of
Cumberland and Commonwealth of Pennsylvania, bounded and described as follows:
BEGINNING at a point in the western line of Greenbriar Drive (50 feet wide), which said point is
in the division line between Lots Nos. 99 and 100 on the hereinafter mentioned plan of lots;
thence extending along the western line of Greenbriar Drive, South 10 degrees 18 minutes East
107.0 feet to a point in the division line between Lots 98 and 99 on said Plan; thence along the
division line between Lots Nos. 98 and 99 South 79 degrees 42 minutes West 141.0 feet to a
point in the line of land now or formerly of Garret & Shelley; thence along the line of said last
mentioned lands, North 10 degrees 18 minutes West 107.0 feet to a point in the division line
between Lots 99 and 100 on said Plan, aforementioned; thence along the division line between
Lots 99 and 100 North 79 degrees 42 minutes East 141.0 feet to a point in the western line of
Greenbriar Drive, aforementioned, at the point and place of BEGINNING.
BEING Lot No. 99 on Plan No. 3 of Bunker Hills, which said Plan is recorded in the Cumberland
County Recorder's Office in Plan Book No. 22, Page 144.
HAVING thereon erected a dwelling known and numbered as 925 Greenbriar Drive,
Mechanicsburg, Pennsylvania.
UNDER AND SUBJECT NEVERTHELESS to easements, restrictions, reservations, conditions and
rights of way of record.
BEING the same premises which Dale G. Wingert and Darla R. Wingert, husband and wife, by
their deed dated April 23, 1992 and recorded May 11, 1992 in the Cumberland County Recorder
of Deeds Office in Deed Book 0,, Volume 35, Page 1011, granted and conveyed unto Kathleen P.
Flannery, single person.
ALSO BEING the same premises which Kathleen P. Flannery, single woman, by her deed dated
October 21, 2010 and recorded December 22, 2010 in the Cumberland County Recorder of
Deeds Office to Instrument No. 201038062, granted and conveyed unto Theresa Moran, adult
individual.
Tax Parcel No. 38-16-1064-030
EXHIBIT `A'
Vii'(
2011 QC f 13 H 2: ? fJ
Karl M. Ledebohm, Esquire ^ U M B E R L A N O COUNT','
P.O. Box 173 PENNSYLVANIA
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
V. : NO.: 10-5667 Civil Term
KATHLEEN P. FLANNERY
DEFENDANT CIVIL ACTION -LAW
AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE OF REAL
ESTATE
I, Karl M. Ledebohm, Esquire, hereby swear and affirm that on the 7 h day of
October, 2011, I served the attached NOTICE OF SHERIFF'S SALE OF REAL
ESTATE in the above captioned matter upon the attorney for defendant, Kathleen P.
Flannery, and Theresa Moran by first class mail, postage prepaid as set forth on the
PS Form 3817, a copy of which is attached as Exhibit "1" and made part hereof.
I verify that the statements made in this affidavit are true and correct to the best
of my personal knowledge or information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date: October 11, 2011 Res su tted,
arl . Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 sT FEDERAL
CREDIT UNION
PLAINTIFF
V.
KATHLEEN P. FLANNERY
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 10-5667 Civil Term
: CIVIL ACTION -LAW
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
To: Douglas P. France, Esquire
Kagen, MacDonald & France, P.C
Legal Counsel for Kathleen P. Flannery & Theresa Moran
2675 Eastern Blvd.
York, PA 17402-2095
THE UNDERSIGNED ATTORNEY IS A DEBT COLLECTOR. PURSUANT
TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO
INFORM YOU THAT THIS DOCUMENT AND ANY SUBSEQUENT
CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT
A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. HOWEVER, IF YOU ARE CURRENTLY A DEBTOR IN
BANKRUPTCY OR HAVE RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS IS NOT AN ATTEMPT TO COLLECT A DEBT BUT AN EFFORT TO
FORECLOSE A LIEN ON REAL ESTATE.
Your house (real estate) at 925 Greenbriar Drive, Mechanicsburg, PA 17050, as
more particularly set forth and described on Exhibit "A" attached hereto and made
part hereof, is scheduled to be sold at Sheriff s Sale on December 7, 2011 at 10:00
a.m. in the Office of the Sheriff, Cumberland County Courthouse, South Hanover
Street, Carlisle, PA 17013 to enforce the court judgment in the principal amount of
$18,236.60 plus interest at the legal rate, additional attorney's fees and costs of suit,
obtained by the above named Plaintiff against Kathleen P. Flannery.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the
amount of the judgment plus legal interest and costs. To find out how much you must
pay, you may call Karl M. Ledebohm, Esquire, at (717)938-6929.
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
3. You may be able to stop the sale through other legal proceedings. You may need
an attorney to assert your rights. The sooner you contact one, the more chance you
will have of stopping the sale. (See notice below to find out how to obtain an
attorney.
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest
bidder. You may fmd out the price bid by calling the Sheriff at the County
Courthouse.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due
in the sale. To find out if this has happened, you may call the Sheriff at the
County Courthouse, which number is listed below.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to
the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house.
A schedule of distribution of the money bid for your house will be filed by the
Sheriff on or before January 6, 2012 (within thirty (30) days after the Sheriff
Sale). This schedule will state who will be receiving that money. The money
will be paid out in accordance with this schedule unless exceptions (reasons
why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after the schedule of distribution is filed by the Sheriff.
7. You may also have other rights and defenses, or ways of getting your house
back, if you act immediately after the sale.
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 LISTED BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
The Sheriff's phone number is: (717)240-6390.
v ,earl M. Ledebohm, Esquire
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
ALL THAT CERTAIN house and lot of ground situate in the Township of Silver Spring, County of
Cumberland and Commonwealth of Pennsylvania, bounded and described as follows.
BEGINNING at a point in the western line of Greenbriar Drive (50 feet wide), which said point is
in the division line between Lots Nos. 99 and 100 on the hereinafter mentioned plan of lots;
thence extending along the western line of Greenbriar Drive, South 10 degrees 18 minutes East
107 0 feet to a point in the division line between Lots 98 and 99 on said Plan; thence along the
division line between Lots Nos. 98 and 99 South 79 degrees 42 minutes West 141.0 feet to a
point in the line of land now or formerly of Garret & Shelley; thence along the line of said last
mentioned lands, North 10 degrees 18 minutes West 107.0 feet to a point in the division line
between Lots 99 and 100 on said Plan, aforementioned; thence along the division line between
Lots 99 and 100 North 79 degrees 42 minutes East 141.0 feet to a point in the western line of
Greenbriar Drive, aforementioned, at the point and place of BEGINNING.
BEING Lot No. 99 on Plan No. 3 of Bunker Hills, which said Plan is recorded in the Cumberland
County Recorder's Office in Plan Book No. 22, Page 144.
HAVING thereon erected a dwelling known and numbered as 925 Greenbriar Drive,
Mechanicsburg, Pennsylvania.
UNDER AND SUBJECT NEVERTHELESS to easements, restrictions, reservations, conditions and
rights of way of record.
BEING the same premises which Dale G. Wingert and Darla R. Wingert, husband and wife, by
their deed dated April 23, 1992 and recorded May 11, 1992 in the Cumberland County Recorder
of Deeds Office in Deed Book CZ, Volume 35, Page 1011, granted and conveyed unto Kathleen P.
Flannery, single person.
ALSO BEING the same premises which Kathleen P. Flannery, single woman, by her deed dated
October 21, 2010 and recorded December 22, 2010 in the Cumberland County Recorder of
Deeds Office to Instrument No. 201038062, granted and conveyed unto Theresa Moran, adult
individual.
Tax Parcel No. 38-16-1064-030
L
EXHIBIT `A'
US POSTAL SERviCF
MA Y CERTIFICATE OF MAILING
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( DOES NOT
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_ Karl M. Ledebohm
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P.O. Box 173
New Cumberland, pA 17070-0173 3 0
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Douglas P. France, Esquire
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acDonald & France
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2675 Eastern Blvd
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York, PA 17402-2095 -
Exhibit "1"
, .
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i .4. J ~LfY1t~1~1
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070
MEMBERS 1 ST FEDERAL : IN THE COURT OF COMMON PLEAS
CREDIT UNION : CUMBERLAND COUNTY
: PENNSYLVANIA
PLAINTIFF/PETITIONER .
Vs. : NO.:10-5667
KATHLEEN P. FLANNERY •
DEFENDANT/RESPONDENT :
AND •
THERESA MORAN ~
RESPONDENT : CIVIL ACTION-LAW
PLAINTIFF'S PETITION TO REASSESS DAMAGES AND AMEND
JUDGMENT
1
Plaintiff, by its attorney, Karl M. Ledebohm, Esquire, petitions the Court to
reassess damages and direct the Prothonotary to amend the judgment in this matter, and
in support thereof avers the following:
1. Pursuant ta Local Rule 2082(d), a copy of this petition was provided to
Douglas P. France, Esq., legal counsel for respondents, Kathleen P. ~
Flannery and Theresa Moran (collectively referred to herein as
"Respondents"). As of the date hereof, a response has not been received
from Douglas P. France and it is presumed that Respondents do not
' concur.
2. Pursuant to Local Rule 208.3(2), the Honorable M.L. Ebert, Jr., denied
Respondents' Petition to Strike Off Default Judgment by order dated July
11, 2011.
3. Plaintiff commenced this action by filing a complaint (the "Complaint")
on September 1, 2010, a true and correct copy of which is attached hereto,
made part hereof, and marked as Exhibit "A".
4. Judgment (the "Judgment") was entered on the Complaint on October 25,
2010 in the original principal amount of $18,236.60 together with
interest at the lesal rate on and after entrv of iudgment on the
comnlaint through the date of payment, additional attornev's fees and
costs of suit. A copy of the judgment is attached hereto, made part hereof,
and marked as Exhibit "B".
5. At the time of its entry of record, the Judgment became a lien on all that
real estate and improvements erected thereon owned by Kathleen P.
2
Flannery known as 925 Greenbriar Drive, Mechanicsburg, PA 17050 (the
"Property")
6. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default
judgment containing a dollar amount must be entered for the amount
claimed in the complaint and any item which can be calculated from the
complaint. However, new items can not be added at the time of enlTY of
the judgment.
7. Almost two (2) months after the Judgment was properly entered of record
and indexed by the Prothonotary against Kathleen P. Flannery,
Respondents caused a deed (the "Deed") to be recorded in the Cumberland
County Recorder of Deeds Office on December 22, 2010 by which Ms.
Flannery conveying the Property having an assessed value of
approximately $156,200.00 to Theresa Moran for stated consideration
in the amount of onlv $46,000.00. A copy of the deed evidencing the
above conveyance is attached hereto as Exhibit "C" and made part hereof.
8. Members 1 S` possessed no constructive or actual notice of the Deed at the
time of the entry of the Judgment and the Deed is therefore fraudulent and
void as to Members l st and the Judgment as a matter of law pursuant to 21
P.S. Section 351.
9. A writ of execution was issued on the Judgment on February 8, 2011
against the Property and a Sheriffls Sale was scheduled for June 1, 2011
(the "First Sheriff s Sale").
3
10. On May 24, 2011, seven (7) davs urior to the First Sheriff's Sale and
aaurozimatelv 210 davs (nearlv 7 months) after entrv of the Judgment
Respondents filed a Petition to Strike Off Default Judgment which
petition, after hearing held, was found to be meritless and denied by Order
of Court dated July 11, 2011. A copy of the Order is attached as Exhibit
"D" and made part hereof. I
11. Plaintiff reissued execution on August 29, 2011 and a Sheriff's Sa1e is
again scheduled for December 7, 2011.
12. The Visa Credit Card Agreement and Disclosure (the "Visa Credit Card
Agreement") which is attached to the Complaint as Exhibit "D" requires
Defendant, Kathleen P. Flannery, to pay to Plaintiff, among other
amounts, Plaintiff's, "..collection egpenses includins court costs and
reasonable attornev feesfEmahasis addedl."
13. As a result of Ms. Flannery's conveyance of the Property to Ms. Moran
after the Judgment and Respondents' filing of the Petition to Strike Off
Default Judgment, additional interest has accrued and additional collection
expenses including court costs and reasonable legal fees have been
incurred or expended by Plaintiff in this matter since the Complaint was
filed. The amount of damages to which Plaintiff is entitled is now in the
amount of $27,778.50, calculated as follows:
a. Principal amount of the Judgment $18,236.60
b. Interest from 10/25/2010 to 10/25/2011
at legal rate 1,094.20
c. Additional Lega1 fees and expenses 7,213.07
d. Sheriffls costs for First SherifPs Sale 893.13
e. Filing fees and costs 191.50
4
f. Service fees to Henrico County, VA Sheriff 150.00
g. Total due to Member lst as of 10/25/11 $27,778.50
Interest continues to accrue on the above obligation at the rate of $2.9978
per day.
,
14. The Judgment formerly entered is insufficient to satisfy the amounts due
on the credit obligation set forth in the Complaint.
15. Under the terms of the Visa Credit Card Agreement and Pennsylvania law,
Plaintiff is entitled to the inclusion in the amount of the Judgment of the
additional collection expenses, including the legal fees, interest and costs
set forth in paragraph 13 above.
norable Court
is Ho
WHEREFORE, Plaintiff respectfully requests th
reassess damages and amend and direct the Prothonotary to amend the
Judgment to reflect a judgment in favor of Plaintiff and aga.inst Defendant,
Kathleen P. Flannery, in the amount of TWENTY-SEVEN THOUSAND
SEVEN HiJNDRED SEVENTY-EIGHT AND 50/100 ($27,778.50)
DOLLARS plus interest at the legal rate on and after entry of judgment until
the date of payment, additional legal fees and costs of suit.
Respect y submitted,
Date:
~o Z~ Karl M. Ledebohm, Esq.
' Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
Attorney for Plaintiff
5
G
m ~
r~ W <
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)93 8-6929
MEMBERS 1 ST FEDERAL : iN THE COURT OF COMMON PLEAS
CREDIT UNION : CUMBERLAND COLTNTY,
: PENNSYLVANIA
PLAINTIFF .
No. ? b-stdo7 at v i t Terw
vs. :
KATHLEEN P. FLANNERY .
DEFENDANT : 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 PURYOSE
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 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 aze 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 SHOUI.D 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.
Exhibit "A"
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 ai
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 objectiones 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 C4NOCES 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.
CLJMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
II
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
MEMBERS 1 FEDERAL : IN THE COURT OF COMMON PLEAS
CREDIT UNION : CUMBERLAND COUNTY
: PENNSYLVANIA
PLAINTIFF
Vs. : NO.:
ICATHLEEN P. FLANNERY :
DEFENDANTS : CNIL ACTION-LAW
COMPLAINT
AND tvOW, comes Members 1 St Federal Credit Union, the Plaintiff in the above
captioned matter, by and through its attorney, Karl M. Ledebohm and makes the ;
following complaint:
Plaintiff, Members 1 St Federal Credit Union ("Members 1 St"), is a National
Federal Credit Union having a principal address of 5000 Louise Drive,
Mechanicsburg, PA 17055.
1
2. Defendant, Kathleen P. Flannery ("Defendant"), is an adult individual having
a last known address of 925 Greenbriar Drive, Mechanicsburg, PA 17050.
3. On or about October 27, 2000, Defendant submitted to Members 1 S` a credit
card application (the "First Application") for a Visa credit card issued by
Plaintiff. A copy of the First Application which has been redacted to remove
µ personal information of Defendant such as mother's maiden name and account
number is attached hereto as Exhibit "A" and made part hereof.
4. Plaintiff accepted the First Application and sent to Defendant a Visa Credit
Card, account #****-****-****-6690 (the "Visa Account") and the
corresponding Visa Credit Card Agreement and Disclosure Statement.
5. On or about July 27, 2005, Defendant submitted to Members 1 s` a second
credit card application (the "Second Application") for purposes of upgrading
the Visa Account to a Visa Gold Card issued by Plaintiff. A copy of the
Second Application which has been redacted to remove personal information
of Defendant such as social security number and account number is attached
hereto as Exhibit "B" and made part hereof. '
6. Plaintiff accepted the Second Application and sent to Defendant a Visa Gold
Card in connection with the Visa Account and the corresponding Visa Credit
Card Agreement and Disclosure Statement.
7. From October 27, 2000 through July 28, 2005, the Visa Account was
governed by the Credit Card Agreement and Disclosure Statement (the "First
Credit Card Agreement and Disclosure"), a copy of which is attached hereto
as Exhibit "C" and made part hereof.
2
8. From July 28, 2005 through the date hereof, the Visa Account has been
governed by the Credit Card Agreement and Disclosure Statement (the
"Second Credit Card Agreement and Disclosure"), a copy of which is attached
hereto as Exhibit "D" and made part hereof. The First Credit Card Agreement
and Disclosure and the Second Credit Card Agreement and Disclosure are
referred to collectively herein as the "Credit Card Agreement and Disclosure."
9. Pursuant to the terms and conditions of the Credit Card Agreement and
Disclosure, Defendant 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.
10. Commencing on or about October 20, 2000 and continuing through July 24,
.
2009, Defendant made charges against the Visa Account.
11. Monthly statements regarding the Visa Account span approximately ten
(10) years, are voluminous and contain potentially private information
concerning Defendant. For the above reasons, said statements are not attached
to this complaint and filed as a public record but will be made available to
Defendant upon request.
12. Defendant is in default of Defendant's obligations under the Credit Card
Agreement and. Disclosure and the corresponding Visa Account as a result of
Defendant's 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 Sx on or about November 29, 2009.
3
17. As set forth above, Plaintiff has made demand upon Defendant to make
payment of all amounts due to Plaintiff under the Visa Account and
corresponding Credit Cazd Agreement and Disclosure and, as of the date
hereof, Defendant has failed and refused to make payment of all such amounts
due to Plaintiff.
WHEREFORE, Plaintiff, Members 1 St Federal Credit Union, demands judgment
.
against Defendant, Kathleen P. Flannery, in the amount of EIGHTEEN THOUSf1ND
TWO HLTNDRED THIRTY-SIX AND 60/100 ($18,236.60) together with additional
attorney's fees and costs of suit and interest at the 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.
.
Respectfully submitted,
4.Ledebihm, Date: August 30, 2010 sq.
Supreme Court ID # : 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
5
• VISA CREDIT CARD APPLICATION
00
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DO NOT WRITE ABOVE THIS LINE 1
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SOCIAL SECUAIiv ~ 1C
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I
FvRE Frv1 ~C F-T~n ~RESEN7 EMPLOYEH Dn.TE CF liiR" t.. o-n L, irv Ml I
I- - - ' MC YR I eF: ,r! Iav;~~Ef:. I
' _MFI =a 5 :L YE S R-E'. rl~'.
- ~ ~ CiTY STnTE ZIP CODE BUSiNE SS P..E 'v ; '
~
~ PREViOI.'S EMPP OR SCrrpOl ~r7ENDEO OCCUPA710N PREVIOUS EMPL01'ER~S OF SCHOOL ADDRESJ iIC'r L
~ r LESS iHaN 5~nag, I,
YI
i iNCOME FNOM qUMGN
r11LD SUPPORT OR SEPARATE MAINT'NANCE SOUaCE 0F CiHEa wCOmE - -
. PAYMENTS NEED NOT 8E R'tVEALEG IF YOU DO NOT CHOOSE TO HAVE I7 H~ALU'VT ,
'CONSIDEREO AS A B~,SIS FOR NEPAYING THIS OBUGATION NAME OF NEaPES a( c.' vE NOr _rviNG wi7H rpL) - - - - - - - ~
~ ADDRESS o CITV -7
i S7ATE
r..
W P..CNI
i
I
Aae Yov,aaPLnN6 Faa IF THIS IS AN APPLICATION FOR A JOINT ACCOUNT OR FOR AN INDIVIDUAL ACCOUNT TH T YOU AND,U( 7i ~i=H p::FSUt
inoi,,aueiaccwni ? WILL USE, PLEASE PROVIDE THE FOLLOWING INFORMATION ABOUT THE JOINT APPLIGANT OR AU i NCF'I[L-C UJoini Fcwunt O
inJ-ounAccouni wni, nu'nonze0 user ? I REUTiOniSniP To nPauCAN7 pi qny, MemDers 151 ACC7.N (II MY)
F -
' aPFUCAN75 FJLL riarnE FIRST INITIAL DATE OF BIRTH -"1
, aSr soGJAL secuniTV r;o ~
I
I~NRESENr 57REE' ACJVR ~
. APTN GTY STATE
HOME TELEGHf.?ne N,. I
HOW I.ONGATqDDRESS
[AGE.1 OFpEPENDENTS
YRS. MOS. I
°AEvO~iS ~CirE aDpNES~ iF _FSS 'HAN 7 YEARS AT PRESENT ADORESS)
HOW' LONG q' q00RE5S
~ FAESEr~r vHS n „
, PRESENT EMPLOYER O.~TE OF HIHE C R 2~ in( r.i iLV raC;ruBs
OME
l- _
rri. ~ NH n c ~~r
, EMPLJYEF'~$ ACDRE.~ `.T(71E' NO MO hv v,
STATE ZIP COJE 8u5wE5S PHCN_ NC
Exhibit "A"
I PREViOUS EnnPLOVEF OP SCr+COOI nTTENDED I
iIF LESS Th1FN " YEAN OCCUPA710N PqEViOUS EMaLOYER'S OF SCHOOL ADDRESS h( A~ L )N
I ;I
\
E"'D NOM ALIMONY CHILO SUPPORT OR SEPERATE MAINTENANCE NEED NOT BE REVEALED iF VOU 00 NO7 CHOOSE TO HAVE Il SOUflGE OF OTNER INCOME AMUUN'
ED AS A BASIS FOR REPAViNG THIS OBUGATIUN.
I. NAME OF NEARESi RELAT:.VE NOT LIVING WITH YOU ADORESS GITY
STATE RELa?IONSHIP
j PHONE i
PROVIDE THE FOLI.OWING INFORMATION ABOUT APPLICANT AND JOINT APPLICANT
Outstantliny obhgauons and credit references (include charge accourns, installment ContraCts, credit cards, rent, mortgages, liability to pay alimony, child support, or sioparite mainee ia ce pa\ nY;nts, etc.
uive complete nst ot aiI amounts owing.
Mongage noide~ o~ ~an~io~7 ? pN,p Mongaga Payment Mortga9e BalanGa ,
? Rent Esum.,iea ;ali~e o Re i F iai,
? Ooertl (Inclutle lot Fen)
~
Name Of CrBaiiOAOtlress
Neme mwhich Acco-t is carned Acro~nt No. Month:y Faymams ial nn D-
~ i
~ ~
CHILD SUPPOF7 PAiD ~
iNSURANCE iNFORM ,TION Credit Card Chargegartl credil protection is available to protact your VISA. A packaga of coverages include lifs, disabiliry, and involunianunempioy ne i F'ot cn.Y, J
? i wo,~ia llke mio-.ation on me insurance coverage
PLEDGE OF ,uCCOUNTS. By sigrnng balow, you pletlge Io Iha Cfedlt UniOn antl grent Ihe Cfedif union a security interest in the following accounts with Members 1 st Federal
Credit Union (Members t si) to secure your Cretlit Card AgreemeM. If you list no accounts, you egree to grant to Members i St a security interest in all accounts other than tnose
ihat wouid lose speciai ;ax treahnent under state or Federal law i1 8iven as security. You authorize uS t0 apply any or all funds on deposit with the credit union to pay amoum; Yow aco.mi nurrber(s)
Gue under this agreement shoultl you delault,
n
--)7
A cant's s,gnaNre
Date Co•applicanYS signature
Da,e
8y your signawr> beiow, yuu certity to us lhat all ol the information in the above application is true antl compiele and given for the pwpose o1 securing credit: and ehat vou nave no ev,er deots excepi Ihosc
Iisted You a9rea that we may sonduct such invesugacions ot your creqit antl character as we daem necessary in order to act on your requast for credit. You also agree ~o be bound b,: R~ Ktjirv)ers 7 si vis.,
t.ard Hoitler Agreemeni.
NUMBEP OF CARDS G`ESiRED WNE p 71N0 ? THREE
O FOUR GREDiT LIMIT REOUESTED /~I
? ChecM. hers d you wouid like convenienCe checks.
? Check ne'o ii yo~ a Transler of Balance form mailed to you. INCREASE CREDIT LIMIT TO
PLEASE SI PLIC~IOEFORE RETURNING AND PROVIDE VERIFICATION OF INCOME.
~ APPLICAN7S SiGNATURE
JOINT APPLICAPJTS SIGNATURE (IF qNl) DATE
AUTHORIZED USER'S SIGNATURE (IF AN`~ DATE
AUTHORIZEDUSEF'SSIGNATUREUFANI~ DATE DATE I OFFICE USE nPPROVAiL DATE ~ CREDIT LINE B NG OFFIGE p ' Ortleiea
oo
Commems: aaions
wS 1URANCE ~ ~ ~
R. Rejecte0 - ~
OS i MMCFi . r_~.
EC DO CH IC AH II I-
L
i ~ uJ t..~ ~ ~ ~v .A ~ I , a i C~, i j _1 ,
VISA CREDIT CARD APPLIC ION
iMPORTANT: Read these directions before compleNng ihis application.
U'! you are applying tor an individual account in your own name and are relying on your own income or assets and noI ohE n o~i( z) assets
:)I anoeher person as the basis for repayment of the credit requested, complete only thF top and bottom section of applica rm
~ i' ycu are applying for a joint account or an account that you and another person will use, compiete all Sections, providiro I Ic m~u -)n or.
Cnecx u abou,. ihe joint applicant or user.
appropnate We ntend to apply for joint credit. Applicant X
8ox Joint Applicant X
~ i- are applying for an individual account, but relying on income from alimony, child or separate maintenan(-, or )n I', - r, ,ss,~t.
•t ano(ner person as the basis for repayment of the credit requested, Complete all Seclions to the exten( poss,bl-,, Frov'c if f) ,,i,on ;r r
a.'ou~ (he person on which lhe alimony, support, or maintenance payments or income and assets you are relylnc .
r TI
NE W APPLICAON ~ 7PPLICATION Fpq~-)- '
name cnance (oNL( - ~ 1 Raie•Shaver
C O Classic Mambers ru.ACCr.v,~ EMni Qd ss ~-s
ao0 Joirn aavLica~;r 7 Gold
wcaease un.ur PlaUnum ,
APPLICANT'S FULL NAAIE FIRST
LaS1 INI DnTE Bi TH SOCinL SC,UPi7v r.(,
~
i'RESe'N r SiPE[ .DC HE`. ,
APT.A CIT1 STATE [.r c p
~CIdE ?F,E~-OnE tiC r+OW L.ONG AT ADDRESS
MOTHER'S MAIDEN NAME AGES OF DEPEKLiENI S
YAS MOS. ~E ~d q~ hti
PRE,pu~ 'COnI nDD' E5; lF . ES`rhAN S YEARS Ai PqESEtiT ADURESS) J, - c' n' Abe,
HOW LONC, Ai :pGHESS
PaESEN- OCCUraii7n vr.5 -+nC .
PaESP.NT[MPLOYER
DATE OF HIHF - G-OS N JN IL Ir ;OM~
EMPLOVERS nD_RESS STi.EET 10 M0. YF jaR vi0 C Ra Ni 'a~ Srues
GTY STATE ZIP CODE ~ - -
. BUSINESS PFIC ryE LO
PaEV10U5 EI nH, )YER. ) R CHOOL AT'ENDED
~E SS Trqr. _tpq5 OCCUPATON PREVi0U5 EMPLO!EF'S OR SCHOOL ADDRE55 ~ H( „y L ;N
a ~
iNt,OME FROM ALIMONC~~ILD SUPPORT OR SEPARATE ~1AINTENAHCE S Mis
aIMEN7S rvEEG NC' B I F!vEF.EO IF r0U DO NOT CHOOSE T ) HAVE 17 SOVRCE OF OTHER INGOMF - UN
-ONSIDERFD 15 a eq AMr7 ~
ss F,R a~Pa• wc rHis oaucanon,
, 1-nnEOF'vEFaE5i7P,4T;.[NCTLivInlGWi7HY0U
ADORESS qN
STATE ' REi a'i~CySNic
FHi NE----------
PLEASE PROvIDE THE FOLLOWING INFORMATION ABOUTTHE JOINT APpLICANT OR AUTHORIZED USER "
HE~ATIONSriiv 1~ qNp ii
A,Y. MBmDers isrACCi.p ~il qny~
EMAIL ADDRESS
APPLiCAN?'S FJl_ NAh+' -
_aci FiqST INiTinL DATEOFBIRTH -
SGGin~ SE( iRi'r !10
PaE5EN7;;TREtAUDHF,SS
APT# GITY
STATE
H/JME iELtP.~Ur~'c NC
NOW IONG AT AODRESS
AGES OFDEPENOENTS -
_ ~_J lu_m~vn
IRE e~JUS HOrvE aCJFE YRS. M g " 7e ' a~ pn
i,F _ESS rHqN 5 vEAiiS AT PRESENT ADDFE55)
HOW LGNG nT r ) pRE 9y
PAESEN' Cccu<ane,~
PRESENT EMPI.OYER
r R
DATE OF HiqE ~ GRCg~~ ,;.U,)ME
Exhibit "B"
MO
EMPt J'rENS.~CDPlSS ti1REEr NC ;TY STATE LP CODE BUSwESS PH~-rvE 110 ~
PREvipUS EM-LOVEH, pR SCHOOL AT7ENDED OCCUPATION PREVIOUS EIIY
IIF ~ESS rHAN $ ~EARS) ERS OR SCHOOL ADORESS HOW LJNC
INCOME FROM ALIMONY, CHILO SUPPORT OR SEPERATE MAINTENANCE YHS
SOURCE OF OTHER MGOME
PAYMENTS NEED NOT BE NEVEaIED IF VOU DO NOT GHOOSE TO HAVE IT al r
CONSIDERED AS A BASIS FOR REPAVING TMIS OBLIGqTION.
NAME OF NEAREST RELATNE VOT LIVING WITH YOU ADDRESS GTY STATE Rl NSHIP !
PHONE
PROVIDE THE FOLLOWING INFORMATION ABOUT APPLICANT AND JOINT APPLICANT
Outsianding obiigalions and credit reterences (include charge accounts, installmenj coNracts, credit cards, rent, mortgages, liability to pay aiimony, child support, or separaie manienarce .y en s, eii,
Give complete iist oi au amounis owmg Attach a separate sheet i( necessary for each appticant.
Moriqage Heioef or Lantliortl ? pwn Monpa9e Paymenl Mortpage Balance
Estimated lalue ot Rezi Esa;e
D Renl o
? Board
iInClutle loi RBn1~
Name ol Cretliior Atltlr655 Nama in which Account is carriad Account No.
- Monthly Paymznts Balari;;e Due
GHiLD SUPPGR7 PAiD
Joint Applicani
CMIUO SUPPOF7 aAIL'
iNS[ Gap;rE iNF'qnnaTi -N C re~r Ca.h Chargpgard rredil protl is avaoable 10 protact your ViSA A packa9e ol covera6es indutle lilg qisa0ility, leave ol abaence. and invo;~niar
y ii->>pi , -t ~rue-on
_ i wowtl iike ntormauo on (he tnsurance coverage "
PLEDGE OF ACCOUNTS: By signing pefow, you pletlge to Ihe credlt union and granl the eredit union a security interest in Ihe following accounts with Members tsl
Federal Credil Unwn (Members 151) lo SeCUre your Credit Card Agreement. If you Hst no aCCOUnts, y0u egfea Io gfanl to MBmbers 1St a Securily interest in alf Your accour n.mD x~s accounls other ihan those ihal would lose special tax Ireatment undar stBte Or FBderel IaW 11 given as Security. You authorize us to apply any or all funds on tleposii
due under Ihi agreemenl should yoy.~efault.
X ~ ~ S X
Appli nt's signature D e
Joint Appllcant's s(gnature Daie
By your signawre Di, yc:u oqrtify to us that all 01 the Information in Uia above application is Uue and Complete and given for the purpose ol securing credit: and that you ha~e no olher dets ~xc(,pt 'Io:;e
iisted You agree inai we m;ry cDnduct such investigations of your credii and character as we deem necessary in order to act on your request tor crediL You also agree !o be bo,nd by ihe Me nb ~rs Ist Vi;a
Cara Hoicler Agreemani
CAED~r _iMir REQuES7FD
INCFEASE CREOIT LIMIT TO
ChBCk nere d you would ~ke :onvenience checks.
CnecK nere ~i yuu Nanl a Transter ol Baiance form maded to you.
PLEASE SIGN APPLI
CATION BEFORE RETURNING AND PROVIDE VERIFICATION OF INCOME.
J
APPUCANTS SIGNAT CRE X DATE JOINT APpLICANTS STURE (IF ANY) X - - DATE
AUTHORIZED USER'S SIGNATURE (IF qNY)X
DA7E
SEE ATIACMED DISCLOSUFE INFORMATION. i
- - - - -
OFFIE USE aEDi~ _iNe nniciioFFr
,E
• . ~
~
-
~r
UISA Credit Card Agreement and Disclosure
~ Nctice See reverse sitle lo! imponani mlormaiion regartling your ngh(s to dispule billing errors.
i. Meaninq ol Words The Following wortls have the lollowinq meanings in this Agreemenl and m ihe monlhly tiilling slalemenl mailer hereunder
(a) "Agreemenl" means ne Visa Cretlil Cartl Aqreement and DrsClosure furnishetl by us
(b) 'We`. 'US" ana 'Oua" means Membefs 1sl Fetleral Credi'. Union, Mecnanicsburg, PA.
(c) '1'ou" and 'rou re' means each person who signs this Agreemenl.
(dl 'Card" means any Visa Crpdil Cartl and any auplicales and renewals we issue lo you-
(e; "hcLowl.' mean, your Visa Cretltl Card Line ol Credil Accounl wilh us Ihal contains a recortl of all pmchases antl Cash Aavances matle by you under Ihis agoeemenl
!i) `Lme ol ChediCmeans fhe lolai tlollar amounl we approve lor yw againsl which you may oblain Cash Advances under Ihis Agreemenl
y; Rdvancemears an; rreoA exiended lo you unoei ihis Acreemenl for any puichases or Cash Advances.
;h; -C sn Advance me ns G, any cretlil exlendetl io you Irom us ci Irom any olher msliluhon Ihal accepts !he Caia (il) any wilhdrnwal ol casn made by using your Dersonai itlenlihcalion numbei PIN-~ 31 ar. aulomaed h dei mamine FTMoi oil2i ;pe o;
ei ctromc Iermir ai Ihat provitles access lo the Visa systerr (iii) Ihe amounl ol any Visa Convenience Check paitl by us, or (1v) Daiances Iranslerretl Irom anolnecretlil cartl.
. 'b153 Convenience Cnecks" means any check Inal may be issued by u: lo you. trom hme lo lime, Ihal direciry accesses your Visa Cretlil Cartl Line of Cretlil Aceount The amounl of any Visa Convemen.e Check paW by is epo; ied as z Cash Advance under
ycur Account
2. fiow To Use This Account: You can purchase or lease goods and serwces ('purchases°) Irom a merchanl up to your maximum credn hmil by presemmg youi Card and signing a sales slip lor the amourn oI Ihe purcnase. Ycu m~y al;u u,e ycur Cartl.
(a) To ahlain Cash Fdvances up lo your maximum credil limit from linancial inslilulions lhai accepl a Visa Credil Card,
(b) By use ol pie-prnleC Visa Convemence Checks Ihal we may issue you irom time !o Iime;
(c) By making wilherawals with your Card at an ATM oi othei type ol electronic terminal ihal Drovides access lo Ihe Visa syslem.
3. Responsibility. n we issue you a Cartl you agree to pay all Atlvances un0er the Account and Finance Charges arismg Irom the use ol Ihe Card, a Visa Convemence Check and Ihe Card accounl Fof example you dre resp:msn le I ~r cl arg[s n atle by you ser your
spouse an0 mmoi cnu0ren You aie aiso responsible for charges made by anyone else to whom you give the Card, and Ihis resDOnsibiliiy continues until Ihe Card is recoveretl. You cannot tlisclaim responsiod ty by nobtyin3 us bul we vill uor ihe Accou~i i, f new
uansaclions ~i you se requesl, when you relurn all Cards and any issuetl 6ui unused Visa ConvenienCe Checks. Your ob6galion lo pay Ihe Account balance confinues even Ihough an agreemenl, divorce dec ee, o oulei coun uaqmel i io NN ;h we ere n nc parly
may tlireci you or one ol ine other persons responsibie to pay the Accounl. II more Ihan one peison Slgns Ihis Agreemenl, you are joinlly antl severally responsible lor all charges on Ihe Account
4. Liabilily lor Unautharized Use. rou untlerstantl thal your lotal liability lo us shall not exeeed Filly Dollars ($50) per any rard Iransaction resulling from Ihe loss, mell or other unauthonzetl use ol the caa nai i,ccua p ioi i; m bm yoj g~,e noiice ic is Sucn
haDilily tloes nol appli when a card ls used to make an electronic funds Iransler (EFT) or when a Visa Convenience GhecN is used for a purchase paymenl or Cash Atlvance.
5. Losl Card Notificalion: il you believe yom Card, m any Vlsa Convenience Check, has been losl or sfolen, you must imme0ialery catl us a1(717)795-6032 or 1(8001 tlunng normal business hourc Alle' business h, urs ImGlis znd neekendsl ~,i onob
idays, iosi or siolen Cards must be ieported by calling 1(800)-325-3678-
6. Credit Lme: ii we aVaiove your apDiicalion, we will establish a sell-feplenishing Lme ol Credil for you and notify you ol ils amounl when we issu2 Ihe GdrO. You 2gree not to let (Oe Accounl balance exeeed Inis aGProved ;retl hn^. E~ch r.aymenl you make n the
Accovnt wili restore por aedil iine by ihe amounl ol Ihe paymenl which is applied io Ihe principal balance owed on the AccOUnl You may request an merease in your credit line which musl be approvea Dy a ioan otticer 9y g eiujc yo, wnlen nohce, a loan ,tlber
rnay ieauce yom cred-,. ime trom hme lo ume, or wilh gootl cause, revoke your CarO and lerminale Ihis Agreemenl. Good cause includes yow lailure io wmpty with ihis Agreemenl, or our adverse reevalualion ol your aetllf w( rthi ieH Yotmey also ternunale Ihis
agreemeni at any ume Dw lerminaiion by either ol us tloes nol affecl your obligaiion lo pay the Accounl balance The Card remains our pmperty antl you must recover antl sunender (o us all CarOS. anC any issued bui unusec Vea Crnvenierce Checks ipri out
rquesl ana ipor, iefflImatinn oi inis Agreemenl
1 Credit lolormation You aulhonze us m inveshgaie your credn standing wnen opening, renewmg or reviewing your Aceounl 3n0 you aulhonze us io tlisciose intoimaiion regarding yow nccoum io cretln oreaus and ciiei ~ edi ors Nno mQjue oi m au,c youi
creaii sianoing io ihe ezleni aumori:ed Dy our BYLAWS
8. Paymenls. We wtli n~~au you a slalemenl every monlh showmg your mevious balance comprised of purchases and Cash Advances, the currenl iransactions on yow Accounl. Ihe temaining credil available untler your credil hnft, ine eew Galance ol purcPase,; ena
Casn AOvsncee ins !0,31 cew balance, ihe Finznce Charge due lo date. and the minimum paymanl required. Eaeh monih you must pay 2! leas( Ih^ minimum paymenl shown on your slatemenl by Ihe dale s edtied on the sialemani or n l= i !
slalemem closing dala. whichever is laler If your slalement 5ays Ihe payment is "NOw Due.' your paymenl is tlue no laler than 25 days hom the slatement elosin date You ma a more f2 uenll , a more ihan the mmimum a rienl orOaY Ine Total Nevr Balance
~n iuiL i1 you make ez~ra or iargei payments, you are slill feQulred to make at leasl ihe minimum paymenl each month your Account has a balance (olher Ihan a~re0it balance)~ ~ Y ~ y
ihe minimum paymeni wiC Oe eilher a) iwo percenl (2%) ol your lolal New Balance or $20, whichever is grealer, or b) your lolal new balance, ii II Is less Ihan Twenty Dolla(s ($20) plus e) any porlion of Ihe mimmum payme,i snowr on cner slalemenbsi .vhich
remain unoaitl
We also have ine nghi to demano immediate payment of dny amounl by wAich you are over your cretlil6mit.
We wdi aaply vour paymens lirsi to any lees, then lo Ihe FINANCE CHARGES on bolh Cash Advances and purchases, then to previousry billed purchases, Gash Atlvances an0 new purcnases in the order •hey were oosletl 19 yo ~r A;cot n1
We may sccepi checks marQd "paymenl in lull' or wilh words oi simiiar ellect wilhoul losmg any ol our righl5 lo e011ect (he lull b212nce of your account wllh us
9 Flnance Charge.
A. On Durcnases, ii mere is no Daiance owea on yow acwuni al the beginning ot Ine billing cycle or ~I Oaymenls and credtls during the biliing cyde equai ol exceed the balance owed on Ihe accoum ai ine begimmng oi 11the ~iL,g c ele. ine no rnance cb;iges
mll oe cnaigetl h, yotn account loi purchases for Ine Dilhng cycle. If Ihe lull amounl is no1 paid by Ihe paymenl tlue dale (no( less Ihan 25 days Irom the tlale o' purchase). finance c0arges will be incmu!d'ro'n Ine st7lem;nl Ia1e on Ille 2veraqe daily baiance
pievdu5ly pol?tl bul unpaitl Gurchases. and on new purchases Irom Ihe d21es such new pUrchases are postCd lo y0U1 accOUnl.
n you nave our viSa aiaim,m, your accoum wru pe subec; to a Rnance Charge (interesl) at fhe periotlic rate ol 1063% per mon!n (ANNUAL PERCENTAGE RATE oi 12]5%) on tne avera9e aaily bi ol purcnases artl Czsh idvences.
iI ycu aave our V SA ;oltl yow accounl wdl he subjecl lo a Finance Charge (interesl) al the periodic rate 911063% per monlh (ANNUAL PERCENTAGE RATE ol 12 75 on !he average datly balanczs ol purchases af d Cash Advrnces From Oc obrr 16.
1999 te Sepiemhzr 3C 20001Me discounled ANNUAL PERCENTAGE RATE on Ihe average daily balances of purchases will be 11.75% w0ieh is a Derioaic raie of .919% per month.
i! vou ha~e our V!SA Ciassic your accouni will be subjecl io a Finance Charpe (inleresl) al Ihe periodic rale ol 1.104% per month (ANNUAL PERCENTAGE RATE of 1325 on ihe average aairy balances ol purchases 3nd Gasa AOvai.
'i you nave our viSA Ciassic Aaie Shaver, your account will ue sublecl !o a Finance Charge (interesl) al Ihe periodic rale oi 825% per month (ANNUAL PERCENTAGE RATE ol 9.90%) on !he average aails balances oi purci ase; an ! Cash t,tlvances
rhe aoove disciosure:, were acarate as ol Ihe Oate Iney were prinletl ano aIl lerms are subjecl to change The applicaAt/member shoultl conlact Ihe cartl Rsuer (Klembers 1st) lor any enanges m ihe in!orn alion tlisdosNO Fr c:ang~s otur(her mlormdbo,. call
~ 800 283-2328
B. Ilaria6le Rate: ihe :mance charge wiil oe aeierminea by adding the margin lo Ihe index value The Annual Percenlape Rate can change on Ihe first calendar day of the hrsi cycle in eacn caientlai quaue ihe maigir ior isa Plai nunis SDO°,lor tolr pur
cnases ano Casr, qtlvances Tne margm lor Visa Goltl is 5 00% lor both purChases and Cash Advances. The margin lor Visa Gold purchases lor me period OctoOer 16, 7999 through SeDtemDer 30, 2000 r, 4 OG°io ihe marcin f~r Vsa Ciassa is 5 SO % fw boih
purchases dntl CdSh AdvanCeS The margin IOr Visa CIaSSic Rate Shaver is 2 00% lor bo(h purchases and CaSh AdvanceS, 5u6jeCt 10 a IIOOf 019.9% IOr Ihe Visa CIaSSIC Rale Shaver program The iutlex fs lhe highe:a Pn ne 3ale pub iSh=d in me Wall Slreel
Jourrial ihe index wtll be measure0 as ol Ihe lasl business day of the pievious month. Any increase in Ihe Annual Percenlage Rale will cause Ihe amounl ol the ininimum monthly paymenl to increase TM Annuai Pe«.enta,e Fale mll reve= exceed 21 1/,~r Ihe
maximum allowed by iaw, whichever is less. ,
C. Method A- Average Daily Balance (incluGing New Credit Purchases): A Finance Charge will be imposed on Cash Aavances Irom Ine tlale matle or Irom Ihe firsl day of ihe bilhng cycle in which me Cash Atlv ince s c:sle! lo -ou accoun! wnUneve;
15 iaiei, anp wiu continue to accrue unlll Ihe date ol paymenL A Finance Charge will be imposed on Credit Purchases irom Ihe date Ihe Gretlit Purchase is postetl lo your account and wili conbnue to accr~e unii Ihe dae ol )ayt leni il nlelhod A applies ic Gm-
;:hdSZS
ine Finance Charge lor a bdling cycle is computed Uy applyinp Ihe monlhly PeriOdic Ra(e lo Ihe average tlaily balance, which is determined by dividing the sum. ol Ihe tlaily palances tlurinq the oilling c, C~~e bl Ihe nunbe, ol iays in ii~e acle. Eacn cady bai-
anr,e is tlelerminea by aading lo Ihe Previous Balance (Ihe oufslanding balance of your accounl al Ihe beginning ol (he billing cycle) any new Cash Advances recelved antl any new Credii Purchases po;ied io your accoo'li . ntl ubir3cbng any paymer;s as
recewed ur Cretliis as pos120(o your 2eCOUn( buf excludinq any unpaid Finance Charges,
0. MeRiod G- Averape Oaily Balance Qncludinp New Cradlt Purohases): A Finance CUrpe will be Imposetl an Cr2di1 Purchases only il you eleel nol to pay the emlre New Balance al Ourchases stown on your non:ny laie nen loi the previous b ii;ng
cyde wuhm 25 aays r-om the crosing dale of that statemenl If you elecl nol (o pay the entire New Balance ot purchases shown on your previous monthly stalemenl wiNin Ihe 25-tlay pe(ioo, a Finance Cnarge wiu De mposetl on tle unpa,tl average r.aiiy oai-
ance oi sucn Genlt Purchases Irom Ihe Drewous statement elosing date and on oew Credil Purchases from 1he date of posting to your account tluting the currenl billing cycle, and will continue to accrue umii ~he clos ng cate )t lh2 bil ~ng cyGe precedin a Ihe
Oale on wmcn me enlue New Balance ol purehases is paid in full or untii the daie of paymenl ii more fhan 25 days Irom Ihe closing dale
Tne Finance Cha(ge tor a hdling cyde is computed by apprying Ihe monlhty PeripOic Ra(e lo Ihe average daily balance ol Credit Purchases, which is delermined by dividing Ihe sum ol Ihe daily balances dunng Ihe Gillin, cy :le t y ti nLmbef of davs 1 1 ihe
cycie Earn daiiy oalance oi CreOil Purchases is tleterminetl by a0ding lo the oulslanding unpaid balance ol Credit Purchases at thz beginning ol Ihe bllling cycle any new Cretlll Purchases posled lo your account, and subi act ng Fny paymenl a-, rece,ec and
creAns as posied ~c vour accounL but excluding any unpaio Finance Charges
Pnm dale 9;24i99
CONTINUED ON RfVERSE
Exhibit "C"
ii ihis meinotl G aiso applie: lo Cash Aavances, a finance Charge will be imposed on Cash Advances trom the tlale ol lhe Cash Advance or irom Ine Irsl tlay ol Ihe billing cycle m which the Cash Aavan~ e is posied i(yoL aL.out . watcnever iaiar anI wo• oini De calcmated in the same manner as explainetl a0ove tor Cretlii Purchases
10. Oelault. You will De in tlelaull il y0u lail lo rtWke any minimum p0ytnent 0r olher require0 p2ym8nt by Ihe dale that il is due You will be in tletaull tl you Oreak any pmmise you make under this Aqreement You will De iI tlleaWl iI yru die, I.ie lor Dankrupi:y, m
~,ecome insolvenl, inat is, unable lo pay your obliqalions when Ihey become oue. You will be in tletaull il you make any lalse or misleatling slatemenls in any credit apPlication or update ot credil inlormauon You will also be n deaull;I scme hing hapDens which
we believe may subslanlially re0uce your aDility lo repay what you owe, When you are in delault we Can demand immetliale payment ol the entire amounl you owe untler ihis Agreement wilhoW giwng you advaue n,lice If mmi diav= paymenl Is demanded yo., will
conlinue Io pay iNerest. at me app6cable interesi rales io ellep un0er lhis Agreement, unlil wAat you owe has been repaid. II tlemantl lor immediate paymenl has Deen made, the shares an0 Oeposits given as ser,unry lor payinenl dncer 11 is Agieemem can pe a4plietl
iowara, whal you owe. We can also lake apOropnale aclion as aufhoritetl under fhe Uniform Commercial Code to repossess any and all collaleral pledged lo secure repaymenl under Ihis Apreement ?o ine ereni petnitied by lar yo i wn also 6a reqmred tc. pav ow
collection ezpenses, rociudmg coun costs and reasonable altorneys' lees. We can also exercise any olher righls given by iaw when you are in tlefault.
11 Usinp the Cartl. vou may use the acwal Cartl, Card Accounl number and/or PIN lo make Iransactions, You will relain Ihe copies ol the iransaclion slips lurnished to you in ordei lo verify your monthig slalemem
12. Returns and Adjusimanit. Merchanls and olhers who honor Ihe Card may pive credil or reWms or atljusimenls, and they will tlo so by sending us a credil siip which we will posl to your account. u your cretliis and pnymFnls exceetl v:nai you owe u~ wwnl
hold ara aDPly Ihis cretlil Oalance toward tuWre purchases and Cash Atlvances, or il il is one dollar or more, refund il on yow wrillen requesl or aulomatically afler six months.
13. UsinQ Visa Convenience Checka. You may use your Visa Convenience Checks, if available, as you would use your Card to obtain a Cash Advance or lo make a purchase or payment. Your Visa Convenierce Checks dueclly access ~our Acroum. aii purchases.
Daymenls and AOvances maUe wilh a Vlsa Convenience Check and paid by us are Irealed as Cash AdvanCes hereunder an4 eacepl as olherwise indicated, are subject lo all terms ol Ihis Agreemenl pertaining b Cash Advances znd o the lol ow~ng atldtljoriai INims
A No Wsa Comenience Check may be used lo make a Dayment on your Acc0unl.
B Only Ine person whose name apUears on a Visa Convenience Check may use them.
' 'Jsa Comenience Checks musl be writlen in U.S. Dollars. Visa Convenience Checks may not be cetlified.
D We may reWrn a Visa Convenience Check unpaid il Ihere is nol enough available credil on y0ur Accounl lo Day It, II your Accouni is in default, or il your Card or any Visa Convenience Checks have been reporled losl or sloLn a$1o te,, wlli de chargeo lor
each reWmed Visa Convenience CneCk
14. Poreipn Transactions. Pumhases and Cash Atlvances made in loreign counlries and loreign currencies will be billed in U.S Dollars. The conversion rale to tlollars will be at (i) the wholesale markel rat? or , in the govenimen mnntlaea r11e. .vncnevei s atWic -
able in eltecl one day puor io the processmg date, increased by one-percenL On foreign transacliona you agree to pay all currency ezchange Charges.
15. Merchanl Disputes. We are not resDonsible lor the refusal ol any merchanl or linancial institution to honor your Card or Visa Convenience Checks. Except wah respect lo purchases made wnn a Visa Cowenience Cner.k, w= ar- su)Ieci lo ::lanns ana 1eb nses
(oiner than iort claims) ansng oW ol goo0s or se(vices you purchase wilh the Card only if you have made a pood laith aflempt, bul have been unable to obtain salisfamion from the merchanl, and (a) your purcrase was ma& in ,sp)nse lo ai anvertisemem wE sent
o, parlicipaletl in sending lo you or (b) your purchase cosi more Ihan Flfly Dollars (t50) and was made irom a merchanl in your state o! wilhin one hundretl (100) miles ol your home Any olher dispWes you nust resmve Oiiec ly with ~uch mecnani
16. Sacurity Inlerest To secure your accouN, you grani us a pumhase money security interesl untler the Unilorm Commercial Code in any gootls you purchase thmugh the accoum If you defaWt, we wili have ihe rigM m rf covfr ar v o1 inese g(jotls which haoe nai
been oajd faf moouyn our aGalcanon cl your paymenis in Ihe manner tlescribetl in paraprapm 10
.
Pledge of Share Accounqs) ~ NOTE: You pleGpe to us and pran~ a security Inlerest in all jolnl and individual accaunts you have with Members 1st Federal Cratlit Union naw antl in the luture, ecce;it sgares in Individual
Retiremenl Accounis antl accounts where the pledqe or tronsfer ol which would cause the loss ot a taM•ezampl or tax•deferrad slalus, to secure your creUit card accounL You authorize us to appty the balance in Ihese
account(s~ to pay any amounts due under Ihis aqreement fl you should default.
17. Fqes anA Olher Charges TIne tollowing lees and olher cnarges will ue 3daed lo yuur Aceounl, as applicable.
d Annual Fee
vi5a Plalinum None ViSd G014_. NonB Visa Classic. None Vlsa Classic Rale Shaver None Visa GOnvenienc? GIIE'ck f IurP
B aie Paymenl Charges if you IaU 1o pay the mimmum paymenl oe your Accoun; wilhin hve (S) days of the disclosea Oue daie a laie D Dor
17 paymenl cnarge oi $20 will De aaded to your AccounL
cr Uii limil a~ an e duri ot $10 will
F He ma ~a t0u e ~fia f~"d'e'tl6iPnanf ac~ount fee ol 52 . CE'CHARGE will 6e added"tb yourAccounT.
ume ec Fee II a chec or s ere ra use oma e aymen on your Accoun a re uunpar ec un s ere re or or any 6110 r reas ,getl a lee ol 1 10 inr eai:n ~ieni elur~etl
mea Statemenl Fe? You will De charged $ 1 loi each slalemeN that is relurned.
G I,opizs ol Jisa Vouchers and Slalemenis. You will be charged $3lor copies ol Sal¢S DraflS, CrEOit VouchBfS, C3Sh Atlv20CE UOUChBrs dnd ph010 CopieS ol your ?isa Statemen~s
18. Skip Payment Oplian. We may allow you, Irom time lo lime. lo omil a monl4ly paymenI. We wtll notlty you as lo any month m which Ihe oplion is available. II you omii a payment, FINANGE CHARGES aid r sw
~ance Drei nuR u any will actfue oo yow ba-~nce
tn accortlance wiln Ihis Agreemenl q skip paymenl doeS no( extend the perio0 wilhin which you must pay the N. Balance Tolal in order to completely avoitl FINANCE GHARGES on purChases. A minimun paymerf will be due in fie n ontt IoPOwing the i,ionn in
whlCtl yGU SNip y0W pdyrtlen(.
19 Efteclive Agreemen( This Agreemenl is a contracf which applies to all lransaclions on your Actount, even Ihough the sales. Cash Advances, credils or other stips you sign or receive, may comain tlitterem i~rms We ma~ amt nd his 1gre~menl Irem (im-e to time
oy sending you advance wnuen nonce as requirea Dy law Your use ol the Card, or Visa Convenience Check, therea8er will indicale your agreemem to any sucn amendmem. To the exlent the law Dermils, antl as we inaicaie m our ohc e lo you amendmems wi11 apply
io you~ ex~sFing Accoum baiance as weli as ta tuWre Iransactions. ihis Agreement shall he canstrued in accordance wilh the laws ol the Commonwealth ol Pennsylvania and relevant Federal Laws.
YOUR BILLING RIGHTS KEEP THIS FOR YOUR RECORDS
This notice conlains important informat(on aboul your righls and our reSDonsibililies untler the fair Credif Billing Ac!
NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR LOAN ACCOUNT STATEMENT
II you thmk your slalemenl is wmng, oi d you need more inlormalion about a transaction on yow stalemenl, write us on a sBparate sheel ol paper al the atldBSSlisled on your statCment. Wrile lo us as soon as possCle. We musi hea! Iro,i ycu nc lalur Inan 6G aeys
alter we sentl you the hrsi siaiemern on which the error or piobiem appeared You can IeleDhone us, but tloing so will not DreserOE your righls
ir yow lelter.. give us the Iollowmg mlormalion.
• rocr name and Accoum number
• ine tlollai amDUnl ol the SusDeCted error.
• Descnbe tne enor and eaplain, if you can, why you beheve Ihere is an erroc II you need more inlormalion, describe ihe item you aie not sure aboul.
• u Ihe amount on Ihe stalemern does not cotrespontl lo the amount ol your sales slip or you have not received the proper credil on your stalement lor merchaMise retumed, a copy of the sales slip musl a:company your IePer
II you nave authwrzea us io pay your Accounl automatieally trom your Savings or Checking Account, you can slop the paymenl on any amourt you Ihink is wrong To slop the paymen( your leller musl reach us Ihree 13J,Gusjness day; be ore ihe rulomalic paymeni s
scheduletl to or.cur
YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE
We must aciinowieage yom ietler within 30 tlays, unless we have corrected tne error by then. Within 90 days, we must either correct the error or explain why we believe the sta(emenl was conecl.
Allei we receive your lel[er, we cannot !ry !o Collecl any amount you question, or repod you as delinQUent. We can confinue l0 5end stalements Io you for (he amounl you queslion, inclutling Finance Charges, rnd we can appty zny unpa d anouil aga,nsi y)ur
credil hmil. You tlo no( have ia pay any queslioned amount while we are invesligating, ppt you are Still obliqatetl 10 pay !he part5 01 your S121ement (hal are not inqueslion.
II we hnd ihat we made a mnstake on your slalemenl, you will noI have lo pay any FinaneC Chafges relaled lo any puestioned amount. If we didn'I make a mistake. you may have to pay finance charges, and you will have lo make up any inissutl Caymenls on ihe
quemoned amouni in eimef case, we will send you a alatement of the amounl you owe and Ihe date Ihal it is due.
II you tail lo Day Ihe amounl lhal we think you owe, we may repon you as delinquenl. However, if our explanation does nol salisly you and you write lo us within fen ddys telling us that you still refuse to pay, we musi teu anyone we repcq you tc Ihal you hzve ,
queslion aboul your statemen! And, we must tell you the name of anyone we repoded you lo. We musl (ell anyone we reporl you to Ihal the matler has been setlled betvreen us when it finally is.
SPECIAL RULE FOR CREDIT CARD PURCHASES
It you havP b problem w,th Ine quaiiry ul pioperty or services Ihal you purchased with a credit card, and you have tned in good laith to cnrrecl the Droblem with Ihe merchanl, you may nave Ihe right nol lo pay he renawing amf ,ni jue m i~e Froperi, n, s.-rv:_es
There are Iwo hmnalions on riis ngnl (a) you musl have made the purchase in your home atale oi, if nol within your home Stdte, wilhtn 100 milBS of your Currenl mailing atldress, and (b) Ihe purchase Drir,e musi ha,e be,~n mor> man $5(
These Iimnahons da no appiy ii ihe ciedii cartl issuer owns or operales ihe merchanl or maile0 you the atlvetllsement for Ihe prooerty or services
,
I~
AJC-26-~010 THU 02:41 PM MEMBERS 1ST FCU FAX N0. 7955207 C2
V1SA Credit Card Agresment and 01sclasure
to dlapA9 4d~he K~as. pilllnU stilemool aeN horeWdu;
na4p~ 1kYSoe rpIGO nw ol r~ swe WOldtloi. 1Cn~I8 Wnan in 101lC+ili~'9 ~~lKN9I~C IOIIOwIhQ afrt~tial reparci~p ya.a dgma in pie monWY
. (fIEiIM1li104 N NW Ap~PHI1X~' and
1
(al 'ApWMKr ~n viea Cretln Clud Aai~ Mia putrlwure turohhed D'! ~
(Df 'we'. 'u* eM bJf milns MM~c 1s1 Pudoial Gedit Ut~t Aled~vuqlwlC, fA.
Icl 70V1 e4 W mea a nm Wlean rhooGns NB sPPIlqilon IDt tlu kCOUnt.
'(:ard' meens I Vlai Crae,l UO onG Afly dUDlkalK enC tK"7'Wa wt IRiuc t0 V0u or ta an uU1Mr4bl usof d Yw +ltmO.
l0~ kcour.I* maai: Your Yqfi Cn011 Card kCaW MM us
t ~ ne o~ Crealt' nw~ns u~e saqaapwnt~~op tl~e oi ae~liw malre Nailawe a vaur Accouu. uau
l~ ae0~~ a~A a cccou~+
g, 4Mana inaens aM crodn ~ m Yar k,p~uN la enYp~Casas or CasA AR NsmWon ~,l ~ o CIN, 0) ~Y'~anl d ~asM1 madt Cy q a qN pld 0~ ICef~Sfptlon muAGx ai an
u~ dln iy~a G afa:u~nic ~«muwi ~n~ way,aw arrxa w v,e wu sYytem, G+~l ~ 'P!N uymr;~n oikx ruvna 'a1
as a CaslI Aarx~n undar vo~ ~~~0 a caa u~ ~~M nw:xf.
~n~ 'Cxn narenw~ mvYl9 E~Y C89~ 01 GAdA BYYfllbO Ofl M~ lb N eNN mO a Curo is ~ enG ai9nin0 a sales ua~actkn ~~r ar amcum d u~e
~^~a a"y uW~ Corv~on~s aecu t+~ ~ ouaa~e or W 9 'Car+onaa~i~~ ow pres
;i1 ~'iw conv~ue~.ca crorx'mans arry d~edc na1 a~~aury ~cccsses Accam ro~ W Aw na~nt. bt YTne y ~mcdkg our~ ol yv vlu a c',vi ma am~ a~' ~ tt~'~rod 1° ~r Aarwm Irom mau~e
2 ~ia ucouN ~r al~ulAO la Odta~~d~ lo Auicf~a54 or iWSe 9~s end S&WCa's ('Pu~') I
h py rucnlrinp C1;T oi Cttl~it IraT ManUYI lnE4tU6ona V18f YCt~NI i Y16A CrOdll CPrd;
D~ O'1 an U Yi51 ~onvonlence Ct~aCY.+', ol ~Ooponit 19fmiN1 alel 9tOvlde7 ~S to Ne N59 oy31d11~ or Jlps
uv wld ou wyw~lr: ~ 9~md< <a u9e yc.n tica~ a
Bymsklna br lwreK wlp~ e CaN ~ ~ ATA1 or o1M~ tyyE
(o1 By ~rr,~nrMg m yow Accow~t a lulx~e ircm arafha aadi, ara or r es mode by ~a~a
a~y~e iae ar pertnn w taf Y~ ~`~V r~,ue ~eC~rdias ~c ~
w ro all Adva~ras, Nwncg Cliai7as alq dfiet lees ar cnalgvs ctnlQad Ia Y~ Aceeun! vlsllp huA Itiu ux d n Cad, i YW Ca~+ience CAed~ ot Gx hocaul4 try N~ a~Y~° Y
y, Re+PcstlDUfry, v~bree4~'' ao nrn mt us m~l dl~en in u61nu YOIY Aa Wn~, a Yle+ Conroniaxx Ctd~M aa C9fd~ ~ubnfl~UY aOCUtl In 9u~ ~ N~~~. Ymx oCliylion ro PW on tlu ~ccou~tL
m
Convauenca CIKtt a a Gaid, e~m tl yw M P D. 9ox ~0, Mct~sNrsCurp, PA 17655, an0 reeovat ~n0 ea~trw eny ~ y,q~ ~AY ~0 7ew~IN ~p0uulble br ~I cMO~
contlnue: unlll vairoUtyus In vnlllnq tl 560~ L a+~ia ikiw. . Y II~dWn la lh0 kt01MY. YW mu a t0 ~t. SUd1 Im~L,tw~ 30~ ~a 'PP Y
rea~lMG Aan ttk loss, GN~i a a~~+ w~ewroruee I. ~ Ceid N9t ocafa DnOr to Ua qme VW
Ine Oemd d my Ayxms.~l, divmte dacrOD, n dNf COUA~dp~r~p~f lo w11cn rv We not A Pub, ~ R~OtE tllon afM. ~I7~ Na ~PP
4' U~b111llwarhauedUu.Youwda~tAndtna~WUr101UIlaCil~ltou~+^dlnotexcx4fikY0ol~:~Wd
4. loW Gn Yulflktdw. 0 you Doi~eve a Card a any Vua Ca+van~enrn C~ tas boan laei w moiun, l~ mu~ fauneawery cu~ us a(7171195-6092 a ~(6oD1-2B3z~e ark~a noR^al hueirou houn. Anai puetncros ,a,rs U+ianto m,a ~r x
wMn 7 Vtau CAr-w-dmM CM~c is tuo~
h~r2 ' youi
awA Oy ralli 1(800h~+`'9678. usl te~G~vrait b~ ut, ~ p7~~'~,
6. CMII LIM. il wa ~pW~~t Yar ippNufioh uie NII os~bli7~ a Line ol GeQlt id you nnC naib Y~ ol IW BmaMN ~1 YR isw° i~a. tt'~' +~'~Unl li yaw r1t6A Iimll ta tlb A~l YOU roo (lot IO bt W kKL ld a
1 eaye. ms~ a smlel, Can s or VISA Canvenlecua Cneci~s mwu be reP ~ Is+PMled Oo IM O~D~ Wlaue awM an tln lrsoum You m~y r~N~l an Inaeau In Your aedli Wnh.++~
ARwt et Yry INfA, OW talrtlWtl0i1 Dy tlltlH ol u* does nct 211t ~ r J( a jG,',Qrl
y a~a:n cJI
Facn P"l rW nUlke on 1ro AccounE wUl rraW yax Lie~f IimA bY m0 anwu~l rn va p~y
pa ~he Accou La li1r. YOU R~Y ~9u btfmMD1 I~lt Ayr~
Crabi 11mii oi ie~miople Nli ApraenlOM la 7nY ioisOn~ nd ptohIDN60 oY ~DP~E ITx, WUII WiIY wch f~IkA ifhrqUllld 6~ 1PD~k9de
~nca lo iemi~ rt~ls Mruarronl~ u mw~ ~N w h wA4n0 et 9DOO l oulte OAuO, P. o. Ba~ ~o. wrcromcsu~+ra PA vati5. a~a mrmer ana awcandnc tc u+ d1 Ca~da, i1~G +~M' ~m uhte~ Vk a Canlenunw Chc, kx ' heY
proqerty. i ~y~9NI0g ol teJI0W~0 Y~ ~%NI.lIW V~ ]W~0~00 U610 01sC103s In10nI~MWf~ I~VdI~N Y~ ~OUI1110 pBOI{ UIYad~ OIiG dtet UN111oiE wt~ Ii1C;IfB 71 ut dW., 1'('Y
Mv/11Pd6 pedll UIB f~ ~anc~. In Flhncb "Iw~ee iw
1. G~ou I.ronnel~an. +a xm W s us ta invesnpa~ YWr pkGU sltnGiiW wAen opon'W~ y~l CuN 1ka'+ACes. thA CufIW Varu~i5 ~ Y~ ~unl. vout cr6d6 Nmit Ne
ucan su~,aiM wq monln s'awln9 Yout PmiAus 6Ylen~` ~mD~d W Pw~ b Uu Pa/ment Oua O~le ehown cn Na 9lonwx u M Wter tmn 2; dbB ham pv anwnem :wa 9 G he. ~i~c+ wa~ le
g. ~ahr: P1ylnaiq . lhyau NW vnU mail you ~ Your bllllnp I~ncM st2DB U m 'ttOW Dts9ve~Ye il VeASI lhe AdMIIrWh PiY~ ~aw0 OA yW~ aleiem~~ Y ~n I~h-f~f`tiaoreJtpn bW WnlrnKn P1Yf~w~t a p~y+h+~+' ~'~i0.r,n in 1i4i tl.yu rcnw o.~n c Jo: y..
Ute allinq ryclq and Iln Mlnimun P1Y~ ~W~+~. ExA madh you ~usrdwn;SdsY?harYn~41MWd CluentpDeqYou muy P+l`
m~rcr,emmf'~.~ yw
~ayrren~. W ~ w0 e1ureq~iroG in meke u ur1 Ihe IAN 9aW~ a~7U. Y~1~~Ore~ami~pp lu ~ P~~~ ~~m PaY~~ o~ Dnvr saaaroen~(sl wfileh iem~lns unceld. or Q1lruur rl~+ E~ia~ ~~u e i~; m~~ T,ww a~
Th MMlmum Patimera w91 utl Mtt+er a) Two peam G ) VW
(520). d nud 4y 1~ Y°~r I+Bw ~Wnca iS 01~ Y~ uNY Ilnlll, ~ p~ PraAwefy Oliled pudri9oe. Un0 w nOW Cash AW+~ dd tt~ m ~wx ~iiG awr
We siao mvc Ine i Wtrt m dm~rQ Inuno4lale Wlmion1 any Yn ! AuH W PMV~IY
wb Ntu appW ww psaynunu nm m anY tm, nien io FOnce Cnaron on eotn Cest~ ndwnn9 rid 'uclea eu iII Deurce d yaur Ixount.
VJu mq ~atpL d~ +~f~'P~vmenl In WII' a WIN Wads al aimlla ellnCt wId10U ladii~p 1M ~:~nenl,
a. T yAhleh b unl 10 you IopetlYR ~wllh A Gtl7 f9t r~lArt~ 63Y ol U'! b91 pullne O)cIC Ui sdi tlleA6~u ~N,~s"x+ vn~ vrnum is
8. FIIiY~rc1 GII&(i~•
ra cwrarc monimy vanwic RWa entl mn aapond ~n0 M1~ PuraidiGa ~ ~e y6l WrAI ~ll Ihe'Add1100~ DIiGOaMe~ ,m C~as31c h 5.60X bfAolh pU~elal08
~afie ~O . ~a ibb Wf Yr cM dw+pe on0 Guh ACVenf~s. Tla ~a7 ta V'w~ ~~s~c a:1e 5 am e
u.n~au ti~a~ i~ wwai froroa~ep~ Ana wu Co sbwrN~d ur ~~9 uu Moraln m ua inEeY Nluo, 11a
ma Indea p tha N~ Pdme Rw pAstloAx7 In 11~ monel imea ~ectfai d me wan s,rea , ow ai. 'r~ ~nm~ wu
a s old Cish AenuAO ~ES, 1~~GN 10f VI~ G010 Is 5.A0l6 bi EoTh WRlr+t ,y m tncf~u. Alan. you maY t~arz lo PeY ~'o~a, rrr ~na TM Mmi~t
6 ilc OU16 lor bd~ PmCI~Ues and Ctsh l~CVYIWS. tlu
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~~ai caulnw ro pay uOU, 9 ew 401kabie Uaae,d ntU m Mhn unO ihls Apfeumnl wiUl rA* rou oWe ta+heu~ At* M Eemani Wt Wimmd~~ WWI N+*a,mos. eo W dePosib GNen ae sxcvrlry
6PDi iod lowrerda rAUI ~vu aw Wa c~ +hn Gke oprlalu 3x1oA it aAn0f17~ uMD~
on InGUdkv caA caas and rlae ~M. ft mn at10~ C~ISI WO' ~Mf 1~ °ry0n W u6 b/ Iw' Wfnn you Ytl In detlUa. mq nlllin sWWnsa au u~eE Uatl Va ~~I rol
ue ra7Wrad w pav uw coilo~YlpYpr~ew alf~ ~Uatllei':'
1% t N~'Vln mll tr defined Y11cU00 d fbYAlll YIOMt GB~G Of Wtlr,,d a d w1i a 9aYlcn
11. UYI~~ IM GM. Yau mAY uc01 CBrd, GYO AocWIN R+rO( IM~ClOf PIN b fINl YY~IOns oA 1~uf kt011n1 YW Mill fOtdO UIO WPbS al Nt lIM~ r famlehoO lo y0u In dOBr 10 vANY IIO~ ~1 a
we w bi wtli ll USO ul~lny atGvuy dl~tqty of kdlroc{ly retateC ta Il. M&B4mJly. Wu eqtal o Inr i(m ~y i d tK10 u h9rm-
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3~d~oi oira ,aukC sarvice~ moY Ca hvmWteb~ ti out dluttllon. You NMer aQfa, If~u1011kpal U9B occu~
aa~ Irom any swis w vina 100al utb~ a Ihodlty. 6lredy or indi~edry. rosuNlnc Iro ~ alCA WB Wa M~ ~~li~ o ~l"w °rn ~lons UWi ~m cO~teld0f IteuWtem, suSpW~., or INOpeI arW yw
dZe CtWpeB "eleW W onllno pam011np.
CpN71NUFD ON REVF.ASf
PM1N D31a 9105
I
Exhibit "D"
AUG-26-20110 TNU 02:42 PM MEMBERS 1ST FCU FRX N0, 7955207 F, )3
12 RMurnt lM AAMbnMbDDb' qUe pO~iW aAa ~
oue us, w 1111 noil ~nd a 9~U~p w,~~ap ua 1ewrm a u~~~enann, and a~a,~ wu oo sa oy ~„a1na w a aedu anm+euon rexi~. wn~n w~ wiu
. IMtap VI~ Cam+aqrtw ChKrt, Yau tnry use ypW Vlv Com~nience CMcla, U a~ a M r~ an Ooll~ or mor0. ~fuW II on yaiu YnltlEn iaquesl a z~q y4ryer slk muipy, D~ 10 yvw,ucuun~ U r~w u uGl~ aro p~,~cn~ e~[xtl .ha you
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7~A No Nu Gonwn~mce Cl~ck mry M usea to m~lu a ~ A~Ir,iAp ro Gish Ac~wxa~ u~d a the IoUa1nQ eac?riaqf t~mu:
9. OINY Vx prsq1 Wima wna a AaYfinl WI !bw ADCWiM.
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On laelpp GYWrtlurtS YW BQleo lo pBy 98 [WI81Cy Cx p~a aele, tiAldi qta raoY'~rY ttam Ar t~e Vlsa ibalf t~cN~. ai tha ~ ~sarAaro In a toraipn cun«uy wl~ i De o ra o sei.~.~ec by ~114 i,um u~a
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res~o~u~a~ ta ~ reasai a
1 15. A. 3ao4rlry Idti Ta eewre roLykcamt,1rou Oiant us iM4,mj
°m marcl~am oc IkunclW 4isliN~on la M1a~ar ~ Card a 1~a Caromlaruy Chacr.
~iN q spn ~Wu~on N yaw obrnerde in ~ m~r emr,~ ~ h pa~regaa~n gu~d~r ub Urildm Corm~w~~l Cmo ln enY soo4s Y~u owWae ueino trxi acrau~. M you d~wk re wu~ raK ~ha nph ro racovo uy ar aue pPes wr r.n rav~ aa
A0°ow'q w~ n,wm P..r Aco.rra ?'w *411111 ro rr nw P"t. aowla ~pt aIM Iwt w qrww aon..u
~ Nr ~4 ww.4.e q~~~° M"'n w~"n w. ~M M aaoMr 1l.qa1.MN ww aa qu d• f- Iwm wt? M.nws 1a h4r.1 RmII! R~r ~.r 1~1 M ao hipm,
t i. Paet aad OOwr IM UMk NfalR ~ N qa'IirlwrM 11NM. ~ a4l~ w q NO~Y 17w r+1nu~ 1 a~
A. Antlnl FM~a ~ 1~ ~ollow~nD Y~x snd oUw ~har~ wlfl be adCed io yau Accoury, es iyWi~aCb;
Vu Pfatirum Na,e ~
vsa Gaa . Nme
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Nsa Cwsu Hau SM& None
1. l+I, P1Yman tArm. If Yui kA lo pw Ub mInknuq P+rrilar a, ypur Acwt wilhin Ilre (6) dv W Ina Pwmm Duo Wle, I uw paymant chirpe at p0 oA 4e a0dod to your Accu,nc.
c. DwrllnnCnfina. MyowaanwMOOW~aetadc
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` E. H~qirrt~y t~µHawl FM, vau wlu De dqrpetl Sl ta aloA ewnWy NI fowAccaint M rolwnod yip0q 6ecauSO W IrmWOclEnt tunpy a br my aAier reman. you wlll be
i. copla m 1nh T„~,wyn RoaUk ~aA ibho+ab. va, Wla ca ~ro u~amw~~ mu a iaumea ~uvpaA a tee m i10 loi e~h ttem reNme~.
tNp P~Yq+nl D~tbn. Nh~y ellaY l+w, Vem 14ne to (4rn. ~o anl~ o momAryd~mad p lor eMasloan M m~o0~YyYyapu qCuea ay olecely br p~rypucrac., credil m Caen/~lranr~ w m ~ mottlhly pluinp ~rynleRa~l
A tklp ~y pop r•q artenl IFd perloC WIlf~in w~lcti Yui a4r71 pdy t11B NB+Babllce~~prdr I~o IcqtpleWY iv0id FxWmwo ~ p~~0 °abn tl awiqde n you omii o ar,~nent Flnanoe Clwpee q'III ~ on Yow baarxe li tircor~fuYY9 .ifh -~19I, i~~ ~
1 B, Etlro1M 4w+~wnL Thn Ap~eanant K a cwlr~ct whicfi YK ~1 PacMks. A roinimtm pJS~'nent Wll Oa due M Mo RioMf+ IWlow
nar7
apeertxva rrom ~me uma rq s~arq you wiu~n nrxiro. I! r~~w ~I wa~c~„s on yaw krdn, ewn Yqu~ tl~o retalpU you slpn m recWve br iro me rronm m+nrch ~a xnp yx,r [~~r,nt ° dip dPPN ro yn.c adJ~n~ ~r,cou-d oprdnra ¢s tivll ]s m Mure uwaaqio+u, ~13~ re~pne shall Ge m~ r~Wd o~ua tdanca~h Uw~iPPIIwWc 1iN7 ol~lhe C purolm, Bh~a Pi Mvh9n~0/31cB6 a otlle( ll',is ft'' woWn arl&en1 ta^rn, da ~ v~ ur~trn ~h9
~ aAPUCBdC Iqrm~ odaret laws. ~M1tlfEa~o In Or notkE D~c,, y K(N: rNnt; w,~l
A
YOUR SILLING RIQHT$ - KEEp TH18 FOR YOUR RECORpB
fils naice wAliirA im{,ertW tdMnylan 4baul Wi+ ro W our iqlofalAilel uew IM Fal1 CrEdil Blll+np Ap.
i~ NOTIfY U81N CA$E OF FqROpg p~QUEg~ON8 A90UT 1'pUR MMpNTHLY gILl.1~IG gtATEMENT.
~ Y'w moMry NIIinG rG4meN 15 wmp, a ll yp,i 1161111 ,,,o,o MrRallon eGwl a Vytsadlon m yax spWnent, wvAO uB M a cepyg6 ueel aKwal IN 6tl4tets IUteC On Your ahterneia, Mhe lo w as som e5 4ossld9 Wa muh ffL n y[ f ro~eR~
Wn ao mr ohr w urdYcu Iha Oret aUemwv on whicn e~e arror a p~Obbm aPfaarod YW ta^.1qiMOnn w. Mt CoMq ao wUl nw pmrya yq;~ rlpty9,
~ 1o~ MtWr plb u9 ?n fdfrrirp Infaintlon:
' YO~r nyne eM kca,x nxrwu
• rhe dopN mant w u„ 40aectod rrw.
'Dii=& Ne ona t10 avWn, il you Cdll, Wq 1'4y Onliaw'Nete Is m etrot Y u AOtd
m~b ~pzrn~ ~~~'1N~.IAd a OKUi. D~Q ~i~671 iUlortt0lJcLlly IiaO VOUf 67Y~i~i10s y ~B YMOMWIDR 06urIOe (IIC Ilkp you 1f~ Iql cure BDOUL
~ro Aeoo~w. you ean.bp ar pq,rwn rnl 0 amunt vw Ihwc is wrono- To gu,p Iro wY+rwm your roqef m~ur i~ us uaue (s) busu~s m.~ o~ ~,oie ne a.to
wy m„u ~ YpUR flttiHTB Atrp OUR RESPON8181111'IE81tFTER yyE RECElVE YpUR WRITrEN NOYICE.
MN we IeWna Wu+ IOIM. r* Gmot Oy lo eoqect en
°"NGe rwr Ir.ar whlun 50 tle,a, Wouwe Naw carraUatl Cfe nW lY Oie4 M1qNn 904fYS, re mW ellhw cana If¦ ma nr mpuh wAY wb brilew Ufo twwl wms cnrrxt
lbp do ml r7vt loP~ aN' Quo~iianoQ?t~oud wlUb wo t NN1 n~. Ofl you oe ~ We w ecdlnullo ~Iq NLil~llb W S'Oll larl 7Alqyd u nslim, Ine1~01n (~P9PGB
ma~Y, o mh dro a, ~ P. tlu u are ~III oEiW~ ~O Ca d u uwrp~e, uia wa ran a ga ~ ya. i uPcq ii 1ir.
tl~71Ine mbl wu ~ ~m P+Y P~ty 1nuslilplY~ItlW n1 nd IA uwrp PWY 7~v:uipal4 dma,M e
UhtBd amounl. in «Qor ~Ol You w(II n01 Itaue lo DaY +nY Wa aharpCl rrlWod Ip
II you (eil t0 Oev Ih `'m. w0 ~III S9nd you A 9~ylNnaq d R~e i(nauAlyw ~4'CtRB11dW ERIOWI d we dldnl milu p~p, YW ~fldY hive WPb' firsYMa rhYObruiC
maaM tr~l ~ m4~ ya, q~,a, "W' J,W a9 QeFn oMO 4ntl ple dtp Ifu! il ls due. !rou wip hava W«a,ko ~p ~ny mlas~d ~ayrryip x~ ~r y qi,dy. ilfullipl, nan ~6at Ymr a~~mae. Anu. ne must WII yvu IM rrm d anypy ye renn ~~r, k OUr a~plat~AOn ~Y m ~~ViE nNIUr~N! Cten sehleA nDetwean pa+ ic tl~at ~ou m'a a avb
tl wd tlont (cllow ol~a roks, 4 tanY ;dka 4 IN61 b50 G ~fe 4'4~ We nud WII 1nypra we ~~~9 ~ Nat Y~ dlh n11rAr (0 DRr, we m~W tlll aoyprw we remrl
Wosllor~jro~ eyp~ y yWf iWitl1A1N wC v9 YPon It tirta4y n,
Si1 yO+tewI uIoownwlna+omonryaaovemwwvices~nrrouauroruxmwnhee u~rar,a UrouRUI.~IFOR CREAITCARp PURCHASE8.
are wa ifmllulona an ~Is n'pn, bl Yau mw naw modo Ne purtlmm In ypa nq~ m3te a. i~ nq vnAin~ 9~Od fp1A b C07ed b aeblrm Wl~n du a~arcM~tl ya «K! have klo !qN nol to kri tlu reimiNnO simurM oue on n,e
ine~e uRUevuns oo aroaro c ~ ,a: rn~ ,r,
nve yply i we c+n 01 epaiWe Iro m~vchvd, d il Nv maikd you 1M arlvvmliwtntlN brAil ~o~ ~wnYftm
„
d jorwaes rolle, 01 yow wrrard nren mp aadreae; Bn0 (D)1he Wrtimse prlce muM haw hep~ mcre ihan g;
KARL M. LEDEBOHM
ATTORNEY-AT LA W
P.O. BOX 173
New Cumberland, PA ] 7070-0173
Phone: 717-938-6929
Fax:717-932-03 17
U1 CounselRichard P. Mislitsky, Esq,*
March 17, 2010
(Via Certified and regular mail)
K<<thleen P. Flannery
1)2~ (Jreenbriar Drive
Mechanicsbui•g, PA 17050
RE: Members ls` Visa Account No.: 4672-0900-0010-6690
L)eai Ms. Flannery-
THIS CORRESPONDENCE IS FR6M A DEBT COLLECTOR. THIS
LA:TTE.R AND ANY SU13S EQUENT CORRESPONDENCE FROM THIS OFFICF
IS .A'V .aTTEMPT TO COLLECT A DEBT AND ANY INFORMATION O13TA1NED MAY BE USEll FOR THAT PUItPOSE. AN IMPORTANT
' S7 .A'TEMENT OF RIGHTS IS INCLUDED ON THE REVERSE OF THE
SECOND PAGE OF THIS LETTER.
Members ]S` Federal Credit Union ("Members ls`") has requested my office to
collect the amounts due to Member's ls` under the above account.
As you know, you are in default of your obligations under the above Members 1
Visa Account (the "Accourit") due to your failure to make the payments required under
the Account in a timely manner. The last payment oii the Account was received bv
.\1(:mbers 1" on or about November 29, 2009 in the amount of $334.00. As a result of
your defaults, Members ls` hereby accelerates all amounts due to Members ls` under the
Ac,;uunt and hereby demands the payment of all amounts due to Members l s` under the
,aC'.:ount in the amount of 117_204.60 itemiz,ed as follows:
I . Principal $16,045.07
2. Unpaid Finaiice Charge 901.53
3. Unpaid otliei- fees 90.00
4. Legal Fees 168.00
5 . Total due to 'Vlember Is' as of 3!17!10 $17,204.60
If' you Yail to deliver to my office at the address set forth above payment of tlie
$ I,,--04.60 within thirty (30) da~s of the date of this letter, Members 1 s` will have nu
*A15o practices independently as Ri. Exhibit 66F,99
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, ~oti m<l~also be responsible for the payment of additional reasonable legal fees and costs o[ suit
incuii-cd by Membei-s l
Nothing herein shall coiistitute or be construed as an agreement on behalf- c>f
Members ls` 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 Meillbers
I'` mav 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
liinitation, 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 AccoLint.
Nothing herein shall constitute an agreement on behalf of Members ls` to postpone or
extend the maturity date of the obligation.
Members 1 S` looks forward to the payment of the $17,204.60 on or before Apri 1
16. 2010.
Very t ly yours,
~ ~
/
/Karl . Le ebo
CC': David Thomas, Collections Officer
fC1~1 L :11
NOTICE
I'his letter is an attempt to collect a debt.
lt you dispute thc; validityof this debt, or anyportion thereof, and you notii-} tlle
und(frsigned debt collector in writing within thirty (30) days of the reeeipt of this nuiice
that vou dispute the debt or any portion thereof, the undersigned debt collector will obtain
\erification of the debt or a copy of a judgment against you, if any, and mail to you a
cupy of such judgment or verification.
If you do not dispute the validity of the debt or any portion thereof within thirt)
' (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 frunt
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.
T'he "undersigned debt collector" means the name signed at the end of this Iztter 'appearinK in print at the top of this letter.
• ¦ ¦
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~ 0 ~ cIsI ~ z ~ Certified Fee I
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~ & ~ ~ ~ ! O Rewrn Feceipt Foe ~'os:rna .
p (Endorsemant Required)
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Ln < ED Restricted Delivery Fee ;
~ ~
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~o a
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O ,otai Postage & Fees ~ . .
p 3 ~ ^ ~ ~ • LSIM, • ~ Kath.leen P. Flannery 925 Greenbriar Drive
Mechanicsburg, PA 17050
0 ? O
.
~ ~ j
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 FEDERAL : IN THE COURT OF COMMON PLEAS
CREDIT UNION : CUMBERLAND COUNTY,
: PENNSYLVANIA
PLAINTIFF V. : NO.: 10-5667 Civil Term
KATHLEEN P. FLANNERY :
DEFENDANT : CNIL ACTION - LAW
NOTICE OF JUDGMENT
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM
REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT
CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT
A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE
TO: Kathleen P. Flannery
925 Crreenbriar Drive
Mechanicsburg, PA 17050'
You are hereby notified that on 2010 the following
judgment has been entered against you in th above captioned case:
Judgment in the above captioned proceeding in favor of Members 1 S' Federal
Creciit Union, Plaintiff, and against the Defendant, KATHLEEN P. FLANNERY, in the
amount of EIGHTEEN THOUSAND TWO HIINDRED THIRTY-SIX AND 60/100
DOLLARS ($18,236.60) plus interest at the legal rate on and after entry of judgment
until the date of payment, additional attorney's fees and costs of suit. Judgment is
entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Defendant,
Kathleen P. Flannery, to Plaintiff s Complaint within twenty (20) days of service thereof
and after a 10-day Notice was sent.
Exhibit "B"
~
Dated:
I hereby certify that the proper person to receive this notice under Pa. R.C.P. 236
is: Kathleen P. Flannery
925 Greenbriar Drive
Mechanicsburg, PA 17050
A: Kathleen P. Flannery
Por este medio se le esta notificando que el de
2010 el/la siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el caso
meneionado en el epigrafe.
Fecha:
Protonotario
Certifico que la siguiente direccion as la del defendido/a segun indicada en el certificado
de residencia:
Kathleen P. Flannery
925 Crreenbriaz Drive
Mechanicsburg, PA 17054
Respectful su 'tted,
Date: October 20, 2010
K 1 M. L e hm, Esquire
preme Court ID #59012
.O. Box 173
New Cumberland, PA 17070-4173
(717)938-6929
_ Attorney for Plaintiff
u I 1 4 I 10 48 A.A 71 2438955 DouSl as I:asv Ui'Yi <:e i 004
, - _ .
,
oo22ca
Property Identification #38-16-1064-030
Property Address: 925 Greenbriar Drive, Mechanicsburg, Pennsylvania
THIS DEED
.
Made the Z1Srday of Oin the year Two 7housand Ten (2010)
Between KATHLEEN P. FLANNERY, single waman, of Ctimberland County,
Pennsylvania
GRANTOR
-AND-
THERESA MORAN, adult individual
GRANTEE
WITNESSETH, that in consideration of Forty Six Thousand and 001100
($46,400.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the
said Grantor does hereby grant and convey to the said Grantee, her heirs and assigns.
ALL THAT CERTAIN house and 1ot of ground situate in the Township of Silver
Spring, County of Cumberland and CoroMr~kec3ljh of Pennsylvania, bounded and
described as fofiows;
BEGINNING at a point in the western line of Greenbriar Drive (50 feet wide'~
which said point is in th~ division line between Lots Nos. 99 and 100 on the hereinafter
mentioned Plan of~; thence extending along the western line of Greenbriar Drive,
South 10 degree~ 16 rpinutes East 107.0 feet to a point in the division line between
Lots 98 and 99 orY-sara Plan; thence along the division line between Lots Nos 98 and
99 South 79 degrees 42 minutes West 141.0 fee to a Point in the line of land now or
formerly of Garret S. Sheliey; thence along the line of said last mentioned lands, North
10 degrees 18 minutes West 107.0 feet to a point in the division line between Lots 99
ad 100 on said Plan, aforementioned; thence along the division line between Lots 99
and 100 North 79 degrees 42 minutes East 141.0 feet to a paint in the western line of
Greenbriar Drive, aforernentioned, at the point and place of BEGINNING
BEING Lot Na. 99 on Pian No. 3 of Bunker Hills, which said Plan is recorded in
the Cumberland County Recorder's Office in Plan Book Na. 22, Page 144
HAVING thereon erected a dwelling known and numbered as 925 Greenbriar
Drive, Mechanicsburg, Pennsylvania.
UNDER AND SUBJECT to any restrictions, easements and covenants of record.
Exhibit "C"
4 ; ;r, `q fAl 7 172438955
Doug] as I.arv OYf i ce
Z005
~
IT BEING the same premises which Dale G. Wingert and Darla R.Wingert,
husband and wife, by deed dated April 23, 1992 and recorded May 11, 1992 in the
Office of the,F~,e'nrder of Deeds in and for Cumberland County, Pennsylvania, in
Record BooK,P, yiolume 27, Page 907, granted and conveyed unto Kathleen P.
Flannery, single person, Grantor herein.
And the said Grantor does hereby warrant Specially the property hereby
,~'conveyed
,
,
IN WITNESS WHE O
, RE F, the said Grantor has hereunto set her hand and seal
the day and year first written above.
Signed, Sealed and Delivered
in the Presence of:
(SEAL
)
P_~Flan/ne;rry
Kathieen P. COMMONWEALTH OF PENNSYLVANIA )
( SS
COUNTY OF YORK ~
On this, the -zt day of OCUzA~ , 2010, before me, the
undersigned officer, personally appeared Kathleen P. Flannery known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereu t~ set m hand and notarial seaf.
lic
MY COMMISSIpN EXPIRES:
COMMONWEALTH OF PENNSVIVanJ,~
NOTARIAI SEAI
Harrlet Thinanp Nguyen, Notary Pubiic ~
Springettabury Townshlp, York Counny i
lmycornmi3sion Ezplrec Auquct 13, 201 n
~
- ' '^:5' FA\ 7I72438957 Douglas Law Office [7j006
I hereby certify that the precise residence and complete post office address of
the Grantee herein is ~py3q -"KG-CU P l~O-
Cat Q,+~.-~11,e.~. . Z~ls
i A~.r
A rney or rantee
,
~
°.ftX ,'724?,°955 ~O',1K12!g i'a,w "Yjrp 7
ROSERT P. ZIEGLER
~ RECORDER OF DEEDS ~ . .
~ C'UMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6374 ~ = ~ : • , ~ ..~.i
~~,.:r>_ .
Instrument Number - 201038062 * Tota} Pages - 4
Recorded On 12/22/2010 At 1:15:42 PM
* lustrument Type - DEED
Invoice Number - 79127 User ID- MSW
* Grantor - FI.ANNERY, KATHLEEN P
" Grantee - MORAN, THERESA
* Customer - KMR SETTLEMENT SERVICES LLC
* FEES
STATE TRANSFER TAX $460.00 Certification Page
STATE WRIT TAX $0.50
STATE JCS/ACCE3$ TO $23.50 DO NOT DETACH
JUSTZCE
RECORDING FEES - $11.50 This page is now part
RECORDER OF DEEDS of this te al document.
PARCEL CERTIFICATI013 $10.00 g
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES E'EE $2•00
ROD ARCHIVES FEE $3.00 I
CUMffiERLAND VALLEY $230.00
SCfiQOL DISTRICT
SZLVER SPRING TOWNSHIP $230.00
TOTAL PAID $962.00 I
I Certify this to be recarded II
in Cumberland County PA
c .
/ F~
RECORDER O DEDS
Intormatlon denoted by an asterisk mny change during
the verification process and may not Ue reflected on this page.
0022C6
!
RS 15f FEDERAL : IN THE COURT OF COMMON PLEAS OF
MEMBE
CREDIT UNION : CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF . '
V. . I
KATHLEEN P. FLANNERY, .
DEFENDANT : NO. 10-5667 CIVIL I
IN RE: PETITION TO STRIKE OFF DEFAULT JUDGMENT
ORDER OF COURT
~
ANll NOW, this J 1" day ol"fuiy, 2011, i2pon cun~id~~raitoh ;~,f the petiLi )n to Stril:e nff
Default Jlidgment filed on behalf of Kathleen P. Flannery and Theresa Moran (the "Petition"),
Members lst Federal Credit Union's Response thereto, and after oral argument, ,
IT IS HEREBY ORDERED AND DIRECTED that: Il. The Petition is DENIED.
2. The stay of action imposed by order dated May 26, 2011, is lifted and
Nlembers 151 is hereby permitted to proceed to Sheriff's Sale in this matter.
By the Cotu-t,
M. L. Ebert. Jr., I
~ I
ICarl M. Ledebohm, Esquire
Attorney for Plaintiff
P. 0. Box 173
New Cumberland, PA 17070-0173
llouglas P. France, Esquire
Attorney for Defendant
2675 Eastern Blvd.
York, PA 17402-2095
Exhibit "D"
10114/2011 16:31 7179326317 KARLLEDEBOHM PAGE 07I07
1vEIvBFRS 1.sT FEDERAL : IN 7'HE COiJRT 0F COMMON PLEAS
CREDIT UNION : CtTN~BERLAND CQUN'.CX
: FENNSYLVA.NLA
PLAINTJT'F/I'FTJT701VER .
Vs. : N0.:10-SGG7
KA.THLFEN P. FLANNEkY .
DEFENI7ANT/RESPONTJENT .
AND ,
THERESA MORAN .
RESPONDENT : CN1L ACTTON-LAW
VERMCATION
1, JJave Thomas, Lead Collector for IVrembexs a St Federal Creda.t iJnion, being
authorized to do so on bebalf of Members l.'Federal Cred'zt Union, hmby verify that the
atatement,s mad.E in the foxegoing pleading are true and correct to i;he best o£my
informatiom knowledge and belief. I understand that .false statements are madE subject to
the pen.alties ot 18 Pa. C.S.A. Sectihn 4904, rel.ating to uiasworn .f,alsification to
atrthorities.
Data: Members 1" Federal Credit Union
Dave Tbomas, Lead Collectrnr
6
+ f
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070
(717)938-6929
MEMBERS 1 FEDERAL : IN THE COURT OF COMMON PLEAS
CREDIT UNION : CUMBERLAND COUNTY,
: PENNSYLVANIA
PLAINTIFF/PETITIONER :
v. : NO.: 10-5667 Civil Term
KATHLEEN P. FLANNERY :
DEFENDANT/RESPONDENT :
THERESA MORAN :
RESPONDENT : CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Karl M. Ledebohm, Esquire, hereby certify that on the 21 St day of October,
2011, I served a true and correct copy of the foregoing Plaintiff's Petition to Reassess
Damages and Amend Judgment and corresponding Order upon the following by first
class mail, postage prepaid, addressed as follows:
Douglas P. France, Esquire
Attorney for Respondents
Kagen, MacDonald & France, P.C.
2675 Eastern Blvd.
York, PA 17402-2905
Kathleen P. Flannery
925 Crreenbriar Drive i
Mechanicsburg, PA 17050 ,
Respectful submitted,
Date. . October 21, 2011 G
arl M. Ledebohm, Esq.
Attorney for Plaintiff
Supreme Court ID 59012 ~
P.O. Box 173 !
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1sT FEDERAL
CREDIT UNION,
PLAINTIFF
V.
KATHLEEN P. FLANNERY,
DEFENDANT
And
THERESA MORAN,
RESPONDENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-5667 CIVIL
ORDER OF COURT
. c j
z?
;fir rn ?,.
`.
77
,
AND NOW, this 26`" day of October, 2011, upon consideration of the Plaintiff's Motion to
Reassess Damages,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Defendants to show cause why the relief requested should
not be granted;
2. The Defendants will file an answer on or before November 17, 2011;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be
made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will
determine if further Order or hearing is necessary.
4. The Prothonotary is directed to forward said Answer to this Court.
By the Court,
Karl M. Ledebohm, Esquire
Attorney for Plaintiff
Douglas France, Esquire
Attorney for Defendant
V' abA teen P. Flannery
S?-?-OA
M. L. Ebert, Jr., J.
Ocf ies Wlw
l/
to/a7/ bas
J00
Karl A Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070
(717)938-6929
FILED-O r IC}7
9011 NOV - I PM 2: 21
MEMBERS 1 J ` FEDERAL
CREDIT UNION
PLAINTIFF/PETITIONER
V.
KATHLEEN P. FLANNERY
DEFENDANT/RESPONDENT
THERESA MORAN
RESPONDENT
: IN THE COURT OF FI
: CUMBERLAND COUNTY,
: PENNSYLVANIA
NO.: 10-5667 Civil Term
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Karl M. Ledebohm, Esquire, hereby certify that on the 31" day of October,
2011, I served a true and correct copy of the foregoing Order of Court dated 10126111
upon the following by first class mail, postage prepaid, addressed as follows:
Douglas P. France, Esquire
Attorney for Respondents
Kagen, MacDonald & France, P.C.
2675 Eastern Blvd.
York, PA 17402-2905
Kathleen P. Flannery
925 Greenbriar Drive
Mechanicsburg, PA 17050
Respec y submitted,
Date: October 31, 2011 /'
Karl M. Ledebohm, Esq.
Attorney for Plaintiff
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
.& d
MEMBERS 1sT FEDERAL
CREDIT UNION,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
KATHLEEN P. FLANNERY,
DEFENDANT
And
THERESA MORAN,
RESPONDENT NO. 10-5667 CIVIL
ORDER OF COURT
AND NOW, this 260' day of October, 2011, upon consideration of the Plaintiffs Motion to
Reassess Damages,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Defendants to show cause why the relief requested should
not be granted;
2. The Defendants will file an answer on or before November 17, 2011;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be
made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will
determine if further Order or hearing is necessary.
4. The Prothonotary is directed to forward said Answer to this Court.
By the Court,
Karl M. Ledebohm, Esquire
Attorney for Plaintiff
Douglas France, Esquire
Attorney for Defendant
-S?-
M. L. Ebert, Jr., J
bas
ti
r?? HE PROTH0N0TAR`'
41.112 FEB 15 AM 11: 16
Karl M. Ledebohm, Esquire ?Li'1$R! ACID COUNTY
P.O. Box 173
New Cumberland, PA 17070 PENNSYLVANIA
(717)938-6929
MEMBERS 1 ST FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
V. NO.: 10-5667 Civil Term
KATHLEEN P. FLANNERY
DEFENDANT CIVIL ACTION -LAW
PRAECIPE TO SATISFY JUDGMENT
To the Prothonotary:
Please mark the judgment entered in favor of Members I" Federal Credit Union
in the above captioned matter satisfied.
Date: February 13, 2012
Karl M. Ledebohm, Esq.
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
Attorney for Plaintiff
ck?-N %9. so
rd Ji
???iogs
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070
(717)938-6929
MEMBERS 1 J' FEDERAL
CREDIT UNION
PLAINTIFF/PETITIONER
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 10-5667 Civil Term
KATHLEEN P. FLANNERY
DEFENDANT CIVIL ACTION -LAW
CERTIFICATE OF SERVICE
I, Karl M. Ledebohm, Esquire, hereby certify that on the 14t' day of February,
2012, I served a true and correct copy of the foregoing Praecipe to Satisfy Judgment upon
the following by first class mail, postage prepaid, addressed as follows:
Douglas P. France, Esquire
Kagen, MacDonald & France, P.C.
2675 Eastern Blvd.
York, PA 17402-2905
Kathleen P. Flannery
925 Greenbriar Drive
Mechanicsburg, PA 17050
submitted,
Date: February 14, 2012
K L debohm, Esq.
A/ftorney for Plaintiff
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson t «.E0-0FFW
Sheriff ai y fir T??1- PROTH't1??
Jody S Smith 14
2011 FEE 15 PM 3:45
Chief Deputy
Richard W Stewart CUMBERLAND COUNTY
Solicitor NNSYLVANIA
Members 1 st FCU
vs.
Kathleen P. Flannery (et al.)
Case Number
2010-5667
SHERIFF'S RETURN OF SERVICE
09/28/2011 10:42 AM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action,
upon the property located at 925 Greenbriar Drive, Mechanicsburg, PA 17050, Cumberland County.
09/29/2011 09:01 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same time
personally handing a true copy to a person representing themselves to be the Defendant, to wit: Kathleen
P. Flannery at 925 Greenbriar Drive, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland
County.
10/07/2011 Ronny R. Anderson, being duly sworn according to law, states he served the requested Real Estate Writ,
Notice and Description, in the above titled action, in the following manner. The Sheriff mailed a notice of
the action by certified mail, return receipt requested, to the within named Defendant, to wit: Theresa
Moran at 10139 Berrymade Place, Glen Allen, VA 23060. The return receipt card was signed by Theresa
Moran on 10/1/11 and returned to the Cumberland County Sheriffs Office.
12/06/2011 As directed by Karl M. Ledebohm, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/1/2012
01/31/2012 As directed by Karl M. Ledebohm, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/4/2012
02/10/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney.
SHERIFF COST: $974.07
February 13, 2012
SO ANSWERS,
(5Z
RON R ANDERSON, SHERIFF
,,) 4?r J,4 .ee.
-%sr•
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070
(717)938-6929
MEMBERS 1" FEDERAL
CREDIT UNION
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V. NO.: 10-5667 Civil Term
KATHLEEN P. FLANNERY
DEFENDANT CIVIL ACTION -LAW
AFFIDAVIT PURSUANT TO RULE 3129.1
Members 1" Federal Credit Union, plaintiff, in the above action, sets forth as of
the date the praecipe for the writ of execution was filed the following information
concerning the real property located in Silver Spring Township, Cumberland County,
Pennsylvania, known and numbered as 925 Greenbriar Drive, Mechanicsburg, PA
17050.
1. Name and address of owner(s) or reputed owner(s):
Kathleen P. Flannery
925 Greenbriar Drive
Mechanicsburg, PA 17050
Theresa Moran
10139 Berrymade Place
Glen Allen, VA 23060
Theresa Moran
925 Greenbriar Drive
Mechanicsburg, PA 17050
2. Name and address of defendant(s) in the judgment:
Kathleen P. Flannery
925 Greenbriar Drive
Mechanicsburg, PA 17050 `
3. Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
COPY
IV w
Members 1" Federal Credit Union
Attn.: Dave Thomas
5000 Louise Drive
Mechanicsburg, PA 17055
4. Name and address of the last recorded holder of every mortgage of record:
Wells Fargo Bank, N.A.
4456 Corporation Lane, Suite 300
Virginia Beach, VA 23462-0000
Wells Fargo Bank, N.A.
P.O. Box 11701
Newark, NJ 07101-4701
5. Name and address of every other person who has any record lien on the property:
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
7. Name and address of every other person of whom the plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
Domestic Relations
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Occupant
925 Greenbriar Drive
Mechanicsburg, PA 17050
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
P.O. Box 8486 `
Willow Oak Building
Harrisburg, PA 17105-8486
h ?
I verify that the statements made in this affidavit are true and correct to the best of
my personal knowledge or information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unworn falsification to authorities.
Date: August 23, 2011 Respectful mitted,
arl M. Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
6?: u U E Jill''! f 1 of
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1sT FEDERAL
CREDIT UNION
PLAINTIFF
V.
KATHLEEN P. FLANNERY
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 10-5667 Civil Term
CIVIL ACTION -LAW
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
To: Kathleen P. Flannery
925 Greenbriar Drive
Mechanicsburg, PA 17050
Theresa Moran
925 Greenbriar Drive
Mechanicsburg, PA 17050
Theresa Moran
10139 Berrymade Place
Glen Allen, VA 23060
THE UNDERSIGNED ATTORNEY IS A DEBT COLLECTOR. PURSUANT
TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO
INFORM YOU THAT THIS DOCUMENT AND ANY SUBSEQUENT
CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT
A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. HOWEVER, IF YOU ARE CURRENTLY A DEBTOR IN
BANKRUPTCY OR HAVE RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS IS NOT AN ATTEMPT TO COLLECT A DEBT BUT AN EFFORT TO
FORECLOSE A LIEN ON REAL ESTATE.
Your house (real estate) at 925 Greenbriar Drive, Mechanicsburg, PA 17050, as
more particularly set forth and described on Exhibit "A" attached hereto and made
part hereof, is scheduled to be sold at Sheriff's Sale on December 7, 2011 at 10:00
a.m. in the Office of the Sheriff, Cumberland County Courthouse, South Hanover
Street, Carlisle, PA 17013 to enforce the court judgment in the principal amount of
$18,236.60 plus interest at the legal rate, additional attorney's fees and costs of suit,
obtained by the above named Plaintiff against Kathleen P. Flannery.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the
amount of the judgment plus legal interest and costs. To find out how much you must
pay, you may call Karl M. Ledebohm, Esquire, at (717)938-6929.
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
3. You may be able to stop the sale through other legal proceedings. You may need
an attorney to assert your rights. The sooner you contact one, the more chance you
will have of stopping the sale. (See notice below to find out how to obtain an
attorney.
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest
bidder. You may find out the price bid by calling the Sheriff at the County
Courthouse.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due
in the sale. To find out if this has happened, you may call the Sheriff at the
County Courthouse, which number is listed below.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to
the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house.
A schedule of distribution of the money bid for your house will be filed by the
Sheriff on or before January 6, 2012 (within thirty (30) days after the Sheriff
Sale). This schedule will state who will be receiving that money. The money
will be paid out in accordance with this schedule unless exceptions (reasons
why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after the schedule of distribution is filed by the Sheriff.
7. You may also have other rights and defenses, or ways of getting your house
back, if you act immediately after the sale.
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 LISTED BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
The Sheriffs phone number is: (717)240-6390.
Varl M. Ledebohm, Esquire
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
,a
ALL THAT CERTAIN house and lot of ground situate in the Township of Silver Spring, County of
Cumberland and Commonwealth of Pennsylvania, bounded and described as follows:
BEGINNING at a point in the western line of Greenbriar Drive (50 feet wide), which said point is
in the division line between Lots Nos. 99 and 100 on the hereinafter mentioned plan of lots;
thence extending along the western line of Greenbriar Drive, South 10 degrees 18 minutes East
107.0 feet to a point in the division line between Lots 98 and 99 on said Plan; thence along the
division line between Lots Nos. 98 and 99 South 79 degrees 42 minutes West 141.0 feet to a
point in the line of land now or formerly of Garret & Shelley; thence along the line of said last
mentioned lands, North 10 degrees 18 minutes West 107.0 feet to a point in the division line
between Lots 99 and 100 on said Plan, aforementioned; thence along the division line between
Lots 99 and 100 North 79 degrees 42 minutes East 141.0 feet to a point in the western line of
Greenbriar Drive, aforementioned, at the point and place of BEGINNING.
BEING Lot No. 99 on Plan No. 3 of Bunker Hills, which said Plan is recorded in the Cumberland
County Recorder's Office in Plan Book No. 22, Page 144.
HAVING thereon erected a dwelling known and numbered as 925 Greenbriar Drive,
Mechanicsburg, Pennsylvania.
UNDER AND SUBJECT NEVERTHELESS to easements, restrictions, reservations, conditions and
rights of way of record.
BEING the same premises which Dale G. Wingert and Darla R. Wingert, husband and wife, by
their deed dated April 23, 1992 and recorded May 11, 1992 in the Cumberland County Recorder
of Deeds Office in Deed Book 0,, Volume 35, Page 1011, granted and conveyed unto Kathleen P.
Flannery, single person.
ALSO BEING the same premises which Kathleen P. Flannery, single woman, by her deed dated
October 21, 2010 and recorded December 22, 2010 in the Cumberland County Recorder of
Deeds Office to Instrument No. 201038062, granted and conveyed unto Theresa Moran, adult
individual.
Tax Parcel No. 38-16-1064-030
EXHIBIT 'A'
WSL
WRIT OF'EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-5667 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MEMBERSIST FEDERAL CREDIT UNION,
Plaintiff (s)
From KATHLEEN P. FLANNERY
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of bra,,,- ?ride?QC(?an?? Sbw9 , P
eres? tv?? ? 4 a 5 ???
GARNISHEE(S) as follows: ?('hQriiG5b4r ,P? lZoSp
Kathleen P. planr4ry, 9a5 Greerrlori" Drnve, YYt 9
-iMereso. Cneran toy 3q S"r mad ' 'Place, Glen w1e 1 VW a 30(DO
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due: $18,236.00 L.L.:
Interest from 10/25/10 at the Legal Rate
Atty's Comm: % Due Prothy: $2.00
Atty Paid: $1,084.63 Other Costs:
Plaintiff Paid:
Date: 8129111 `
David D. B ell, Prothonot
(Seal) B :
Deputy
REQUESTING PARTY:
Name: KARL M. LEDEBOHM, ESQUIRE
Address: ATTORNEY-AT-LAW
P.O. BOX 173
NEW CUMBERLAND, PA 17070
Attorney for: PLAINTIFF
Telephone: 717-938-6929
Supreme Court ID No. 59012
TRUE COPY FROM RECORD
d WhMd. I hem unto so nv tww
"O.Zdayd
L)6rx la
On September 2, 2011 the Sheriff levied upon the
defendant's interest in the real property situated in
Silver Spring Township, Cumberland County, PA,
Known and numbered as, 925 Greenbriar Drive,
Mechanicsburg, more fully describoed on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date September 2, 2011
By:
eal Estate Coordinator
.8q . 0 IS lMMO b Ni iii *M bnG
V6
CUMBERLAND LAW JOURNAL
Writ No. 2010-5667 Civil
Members 1st FCU
vs.
Kathleen P. Flannery
Theresa Moran
Atty.: Karl M. Ledebohm
ALL THAT CERTAIN house and lot
of ground situate in the Township of
Silver Spring, County of Cumberland
and Commonwealth of Pennsylvania,
bounded and described as follows:
BEGINNING at a point in the
western line of Greenbriar Drive (50
feet wide), which said point is in the
division line between Lots Nos. 99
and 100 on the hereinafter men-
tioned plan of lots; thence extending
along the western line of Greenbriar
Drive, South 10 degrees 18 minutes
East 107.0 feet to a point in the divi-
sion line between Lots 98 and 99 on
said Plan; thence along the division
line between Lots Nos. 98 and 99
South 79 degrees 42 minutes West
141.0 feet to a point in the line of
land now or formerly of Garret &
Shelley; thence along the line of said
last mentioned lands, North 10 de-
grees 18 minutes West 107.0 feet to
a point in the division line between
Lots 99 and 100 on said Plan, afore-
mentioned; thence along the division
line between Lots 99 and 100 North
79 degrees 42 minutes East 141.0
feet to a point in the western line of
Greenbriar Drive, aforementioned, at
the point and place of BEGINNING.
BEING Lot No. 99 on Plan No. 3
of Bunker Hills, which said Plan is
recorded in the Cumberland County
Recorder's Office in Plan Book No.
22, Page 144.
HAVING thereon erected a dwell-
ing known and numbered as 925
Greenbriar Drive, Mechanicsburg,
Pennsylvania.
UNDER AND SUBJECT NEVER-
THELESS to easements, restrictions,
reservations, conditions and rights of
way of record.
BEING the same premises which
Dale G. Wingert and Darla R. Wing-
ert, husband and wife, by their deed
dated April 23, 1992 and recorded
May 11, 1992 in the Cumberland
County Recorder of Deeds Office in
Deed Book Q, Volume 35, Page 1011,
granted and conveyed unto Kathleen
P. Flannery, single person.
ALSO BEING the same premises
which Kathleen P. Flannery, single
woman, by her deed dated October
21, 2010 and recorded December
22, 2010 in the Cumberland County
Recorder of Deeds Office to Instru-
ment No. 201038062, granted and
conveyed unto Theresa Moran, adult
individual.
Tax Parcel No. 38-16-1064-030.
39
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 21, October 28, and November 4, 2011
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Marie
SWORN TO AND SUBSCRIBED before me this
4 day of November, 2011
- Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Pubtic
CARLISLE BOROUGH, CUMBERLAND COUNTY
My commission Expires Apr 28, 2014
The Patriot-News Co.
1020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
The PatootwXeWs
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Holly Blain, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The"Patriot-Ntews Co. aforesaid-by virtue-and •pvrsuant-to a resolution-unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
10/21/11
10/28/11
?c 11/04/11
.......... ...
Sworn to Is u scribed before t i 1 day ' f November, 2011 A. D.
n
Notary 04blic
1
sow
FQt=L.
? ., p0?* OMv. NcMarypuNk
LOW P*ft MEMBER, PITINSYIV t4ov' 26 1015
NQfARtES
• r
the Patriot-News
Now you know
P. O. BOX 2265
HARRISBURG, PA 17105
(717) 255-8237
BILL TO: Cumberland County Sheriffs Office
Cumberland County Court House
Carlisle, PA 17013
ACCT.# 2260
DUPLICATE BILL
Date Description Sale # Size Rate Net Cost
Of Ad
10/21/11 Sheriff Sale 5667 9.47 $12.00 $ 113.64
10/28/11 Sheriff Sale 5667 9.47 $12.00 $ 113.64
11/04/11 Sheriff Sale 5667 9.47 $12.00 $ 113.64
Notary Fee I I I I $5.00
TOTAL DUE FOR THIS SALE: $ 345.92
JLC
°0tv
RONNY R. ANDERSON
Sheriff
JODY S. SMITH
Chief Deputy
?Cun??Prt?
of
OFFICE OF THE SHERIFF
One Courthouse Square, Room 303
Carlisle, Pennsylvania 17013
Office Number (717) 240-6390
Fax Number (717) 240-6397
FACSIMILE TRANSMITTAL FORM
V)cu I 14
TO: ( I
FROM: 4. ' n
DATE: la?
NUMBER OF PAGES (INCLUDING COVER SHEET)
MESSAGE:
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The infon ced in this facsimile may be confidential. The information is intended only for the
use of the individual or entity to which it is addressed. If you are not the intended recipient, or the employee or
agent responsible to deliver it to the intended recipient, you are hereby notified that any use dissemination,
distribution or copying of this communication is strictly prohibited. If you have received this facsimile in error,
please immediately notify this Department by telephone and return the original message to the above address by
U.S. Postal Service. Thank You.
2010.5667 Civil Term
Members 1st FCU
Vs
Kathleen R Flannery
Theresa Moran
Atty: Karl M. Ledebohm
ALL THAT CERTAIN house and lot of
ground situate in the Township of Silver
Spring, County of Cumberland and
Commonwealth of Pennsylvania, bounded
and described as follows:
BEGINNING at a point in the western line
of Greenbriar Drive (50 feet wide), which
said point is in the division line between
Lots Nos. 99 and 100 on the hereinafter
mentioned plan of lots; thence extending
along the western line of Greenbriar Drive,
South 10 degrees 18 minutes East 107.0
feet to a point in the division line between
Lots 98 and 99 on said Plan; thence along
the division he between Lots Nos. 98 and
99 South 79 degrees 42 minutes West 141.0
feet to a point in the line of land now or
formerly of Garret & Shelley; thence along
the line of said last mentioned lands, North
10 degrees 18 minutes West 107.0 feet to
a point in the division line between Lots
99 and 100 on said Plan, aforementioned;
thence along the division line between Lots
99 and 100 North 79 degrees 42 minutes
East 141.0 feet to a point in the western
line of Greenbriar Drive, aforementioned,
at the point and place of BEGINNING.
BEING Lot No. 99 on Plan No. 3 of
Bunker Hills, which said Plan is recorded in
the Cumberland County Recorder's Office
in Plan Book No. 22, Page 144.
H,NgNG thereon erected a dwelling
known and numbered as 925 Greenbriar
Drive, Mechanicsburg, Pennsylvania.
UNDER AND SUBJECT
NEVERTHELESS to easements,
restrictions, reservations, conditions and
rights of way of record.
BEING the same premises which Dale G.
Wingert and Darla R. Wingert, husband
and wife, by their deed dated April 23,
1992 and recorded May 11, 1992 in the
Cumberland County Recorder of Deeds
Office in Deed Book Q, Volume 35, Page
1011, granted and conveyed unto Kathleen
P. Flannery, single person.
ALSO BEING the same premises which
Kathleen P. Flannery, single woman, by her
deed dated October 21, 2010 and recorded
December 22, 2010 in the Cumberland
County Recorder of Deeds Office to
Instrument No. 201038062, granted and
conveyer,nto Theresa Moran, adult
individual.
Tax Parcel No. 38-16-1064-030