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HomeMy WebLinkAbout10-5802- 1'? ii 1 a 'v OF 711- NEW CUMBERLAND FEDERAL THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COL T-y p - 9 F'M 2: 013 PLAINTIFF PENNSYLVANIA NTY V. CIVIL ACTION - LAW FC ±v`i"?Vr?i1A fi CHRISTOPHER S. KLEIN AND HELEN I. KLEIN DEFENDANTS NO. 10 - 580a Ctv i 1-F? NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY BAR CENTER 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 By: Date: ?/9 /f a S KenfIofvelf' Esquire Powell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 ^ s $4a.00 PA ATTY al %4 P,4 ay?9g6 NEW CUMBERLAND FEDERAL THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY PLAINTIFF PENNSYLVANIA V. CIVIL ACTION - LAW CHRISTOPHER S. KLEIN AND HELEN I. KLEIN ; DEFENDANTS NO. COMPLAINT 1. The Plaintiff is the New Cumberland Federal Credit Union with a principal place of business located at 345 Lewisberry Road, New Cumberland, York County, Pennsylvania 17070. Plaintiff is a federally chartered nonprofit credit union. 2. Defendant Christopher S. Klein is an adult individual residing at 149 Ewe Road, Mechanicsburg, Cumberland County, PA 17055. 3. Defendant Helen I. Klein is an adult individual residing at 252 Lincoln Drive, New Cumberland, York County, PA 17070. 4. The Defendants are not current members of the Armed Forces. COUNT I: NCFCU CAR LOAN 5. On April 22, 2009 Defendants executed a Loan Agreement attached as Exhibit "A" in the amount of Thirty Thousand Two Hundred Fifty and 00/100 ($30,250.00) Dollars at 6.240% interest and pledged as collateral a 2005 H2 Hummer (VIN 5GRGN23U55H131314). Defendants were the borrowers under this Loan Agreement. 6. The terms of Exhibit "A" required 129 timely payments of $291.03 bi-weekly and a final payment of $290.62. 7. Defendants failed to make timely payments and the car was repossessed and sold. 8. After applying the proceeds from the auction towards the vehicle loan there remains a principal balance due of $6,311.67 plus past due interest at 6.240% with a $1.08 per diem from August 1, 2010. 9. Defendants have made no regular payments despite repeated requests. 10. Pursuant to the Loan Agreement the Defendants agreed to pay all "court costs and reasonable attorney fees" incurred in any collection action. WHEREFORE, Plaintiff respectfully requests entry of judgment in the amount of $6,311.67 (principal plus past interest) at 6.240% interest from August 1, 2010 and a per diem of $1.08 together with all court costs and an award of reasonable attorneys' fees. COUNT II: NCFCU CREDIT CARD 11. On November 22, 2000 Defendant Christopher S. Klein executed a Credit Card Application attached as Exhibit "B" with an Account Number 434526 and a credit limit of One Thousand Five Hundred and 00/100 ($1,500.00) Dollars. 12. On December 29, 2001 Defendant Helen I. Klein was added to the Account Number #34526 to make the account a joint account with an increased limit to $3,000.00. See Exhibit «C„ 13. Defendants failed to make timely payments. 14. Their remains a principal balance due of $3,126.61 plus past due interest at 12.90% with a $1.11 per diem from May 14, 2010. 15. Defendants have made no regular payments despite repeated requests. 16. Pursuant to the Loan Agreement the Defendants agreed to pay all "court costs and reasonable attorney fees' incurred in any collection action. WHEREFORE, Plaintiff respectfully requests entry of judgment in the amount of $3,126.61 (principal plus past interest) at 12.90% interest from May 14, 2010 and a per diem of $1.11 together with all court costs and an award of reasonable attorneys' fees. Respectfully submitted, By: Ste n Howell, Esquire owell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Verification I verify that the statements made in the forgoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. I verify that I am the President of the New Cumberland Federal credit Union and that I am authorized to execute this document. By: Donald Varner, esident NCFCU Date: 0/ 13 IQ jdHW CUMBERLAND FEDERAL CREDIT UNION LOANUNERG P.O. Boot 658 • New Cumberland, PA 17070-0658 (717) 774-4633 • 1-800-716-2328 ---`'? LOAN AND SECURITY AGREEMENTS AND DISCLOSURE STATEMENT L QAN/DAT72009 LORN NUMBER AMBER GR U LICY NUMBER MATURITY DATE 2l L# 3 x0olft BORROWER 1 €D13 Adi14[tk.: NAME AND ADDRESS NAME IAND ADDRESS IF DIFFERENT FROM BORROWER 1) CHRISTOPHER S KLEIN HELEN I KLEIN 252 LINCOLN DR 252 LINCOLN DR NEW CUMBERLAND PA 17070-2828 NEW CUMBERLAND PA 17070 T . UT :iAl NG''... QSURE:'e' t??a s `e ? ate. ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments Total Sale Price The cost of your credit as a yearly rate. The dollar amount the The amount of credit The amount you will have The total cost of your purchase on credit is credit will cost you. provided to you or on paid after you have made $ your behalf. all payments as scheduled. 6.240 % $ 5,166.28 e $ 30, 250.00 $ 37, 833.49 a Which includes your downpayment of $ Your Payment Schedule Will Be: Prepayment: If you pay off early you will not have to Number of Payments Amount of Payments When Payments Are Due pay a penalty. 129 $ 291.03 BI-WEEKLY 05/15/2009 Required Deposit: The Annual Percentage Rate does AND 1 $ 290.62 a not take into account your required deposit, if any. ? Pro ert Insurance: You may obtain p y Y property insurance from anyone you Assumption: Someone buying your mobile home want that is acceptable to the credit union. If you get the insurance from us, cannot assume the remainder of the loan on the original terms. you will pay$ N/A Demand: This obligation has a demand featu Late Charge: re. All disclosures are based on an assumed maturity of one year. THIS CREDIT UNION DOES NOT ASSESS LATE CHARGES Filing Fees Non-Filing Insurance $ S 0.00 N /A Security. Collateral securing other loans with the credit union may also secure this loan. You are giving a security interest in your shares and dividends and, if any, your deposits and interest in the credit union; and the property described below: Collateral Property/Model Year I.D. Number Type Value Key Number HUMMER H2 2005 5GRGN23USSH131314 AU $ 29,750.00 $ 0.00 $ 0.00 Other (Describe) 0.00 0.00 Pledge of Shares $ 0.00 in Account No. $ 0.00 in Account No. See your contract documents for any additional information about nonpayment, default, and any required repayment in full before the scheduled date. SIGNATURES` CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT BEFORE YOU SIGN IT. By signing as Borrower, you agree to the terms of the Loan Agreement. If property is described in the "Security" section of the Truth in Lending Disclosure, you also agree to the terms of the Security Agreement. If you sign as "Owner of Property" you agree only to the terms of the Security Agreement. X (SEAL L' X (SEAL BORROWERI DATE BORRO 2 DATE X (SEAL) X Q10 L. f ITT (SEA OTHER BORROWER OWNER OF PROPERTY [] WITNESS DATE I] OTHER BORROWER OWNER OF PROP TY WITNESS DATE EXHIBIT m C •• ..?+„? non..o ?ooo onnn vnn? ni i oir•.urc occoa?rcn NXX022 ILASER. 'Credit Union New Cumberland Federal Credit Union Borrower(s) CHRISTOPHER S' KLEIN HELEN I KLEIN Loan No. Acct. No. L# 3 seas IT>?M.tZAT10. 0F THE AMOUNT FINANC MI'." Itemization of Amount Financed of Amount Given to You Directly Amount Paid on Your Account Prepaid Finance Charge $ 30 250.00 $ 0.00 $ 0.00 $ 0.00 Amounts Paid to Others on Your Behalf: (If an amount is marked with an asterisk (") we will be retaining a portion of the amount.) $ 30,250.00 To MEMBERS FIRST FCU $ 0.00 To $ 0.00 To g $ 0.00 To 0.00 To $ 0.00 To $ To $ To $ To $ To $ To $ To $ To $ To LOAN AGREEM9h, In this Loan Agreement ("Agreement") all references to "Credit Union," "we," "our," or "us," mean the Credit Union whose name appears above and anyone to whom the Credit Union assigns or transfers this Agreement. All references to "you," or "your" mean each person who signs this Agreement as a borrower. 1. PROMISE TO PAY - You promise to pay $30,250.0 the Credit Union plus interest on the unpaid balance until what you owe has been repaid. For fixed rate Loans the interest rate is 6.240 % per year. Collection Costs: You promise to pay all costs of collecting the amount you owe under this agreement including court costs and reasonable attorney fees. L. rAYMt:Nl5 - You promise to make payments of the amount and at the time shown in the Truth in Lendin Disclosure. You may prepay any amount without penalty. IT u prepay any part of what ou owe, you are still required Y01 make the regularly schedureed payments, unless we have agreed to a change in the payment schedule. Because this is a simple interest loan, if you do not make payments exactly as scheduled, your final payment may be more or less than the amount of the final payment that is disclosed. If you elect credit insurance, we will either include the premium in your payments or extend the term of your loan. If the term is extended you will be required to make additional payments of the scheduled amount, until what you owe has been paid. You promise to make all payments to the place we choose If this loan refinances another loan we have with you, the other loan will be canceled and refinanc_gd as of the date of this loan. 3. LOAN PROCEEDS BY MAIL If the proceeds of this loan are mailed to you, interest on this loan begins on the date the ton roceeds arQQ m fled to you. 4. SE?U?ITY FoOR LvAI? -This Agreement is secured by all property described in the "Security," section of the Truth in Lending Disclosure. Property securing other loans you have with us also secures this loan, uniiess the property is a dwelling A dwelling secures this loan only if it is described in the ' Secunt " section of the Truth in Lending Disclosure for this loan. it Credit Union has a federpi charter.• Statutory Lien - If you are in default on a financial obligation to us, federal law give us the right to apply the balance of shares and dividends in all individual and joint accounts you have with us to satisfy that obligation. After you are in default, we may exercise this rigght without further notice to you. (,We have a federal charier if our name includes the Term Federal Credit Union.") If Credit Union has a state charter, except in Ohio and ij'hode Island.• We have a statutory lien on the shares and dividends and, if any, the deposits and interest in all individual and joint accounts you have with us and may exercise our rights ynder the lien to the extent permitted by state law. (We have a state charter if our name does not include the term "Federal Credit Union.") For all borrowers: You pledge as security for this loan all shares and dividends and, if any, all deposits and interest in all joint and individual accounts you heave with th credit union now and in the future. The statutory lien andlor your fledge will allow us to apply the funds in your account(s) o wat you owe when you are in default. The statutory lien and your pledge do not apply to any Individual Retirement Account or any other ac ovnt that would lose special tax treatment under state or federal law if given as securit 5. DEFIULT - You will be in default under this Agreement if you do not make a payment of the amount required on or ®CUNA MUTUAL GROUP, 1999, 2000, 2001, ALL RIGHTS RESERVED before the date it is due. You will be in default if you break any promise You made in connection with this roan or if anyone is in default under any security, agreement made it connection with this Agreement. You will be in default you die, file for bankruptcy, become insolvent (that is unable to pay your bills and loans as they become due), or if you made any false or misleadin statements in your loan application. You will also be in dgef ult if something happens that we believe may seriously of ect your ability to repay what YOU owe under this Agreement or if you are in default under any other loan agqreement ?rou have with us. 6. ACTIONSAFTER DEFAULT - When you are in default we may demand immediate payment of the entire unpaid balance under this Agreement. You waive any right you have to receive demand for payment, notice of intent to demand immediate ayment and notice of demand for immediate payment. I we demand immediate payment, you will continue to pay interest at the rate provided for in this Agreement, until what you owe has been repaid. We will also apply against what you owe any shares and/or deposits given as security under this Agreement. We may also exercise any other rights given 6y law when you are in defaul . 7. EAH PERSON RESPONSIBLE - Each person who signs this Agreement will be individually and jointly responsible for paying the entire amount owed under this Agreement. This means we can. enforce our rights aggainst any one of you individually or against all of you togetFier. 8. LATE CHARGE - If you are late in making a payment, YOU romise to pay the late charge shown in the Truth in Lendinn Bisclosure. If no late charge is shown, you will not be char ed one. 9. DELAY IN ENFORCING RIGHTS We can delay enforcing any of our rights under this Agreement any number of times without losing the ability to exercise our rights later. We can enforce this Agreement against your heirs or legal representatives. 10. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect. 11. NOTICES - Notices will be sent to you at. the most recent address you have given us in writing. Notice to any one of you will be notice to all. 12. OTHER PROVISIONS - NXX022 (LASER, 'Credit Union New Cumberland Federal Credit Union Loan No. Acct. No Borrower(s) CHRISTOPHER S KLIEIN L# 3 HELEN I KLEIN mew 1 SECURITY AGREEMENT -?? In this Agreement all references to credit union, we, our or "us" mean the credit union whose name appears on this docume t the insurance requirements. If we add amounts for taxes, fees or i h n and anyone to whom the credit union assigns or transfers this " nsurance to t e unpaid balance of the Loan, we may increase your payments to pay the amount added within the term of the insur Agreement. All references to the Loan" mean the loan described ance or term of the Loan in the Loan Agreement that is part of this document. All references to "you," or "your" mean any person who signs this A reement . 7. INSURANCE NOTICE - If you do not purchase the required i g . 1. THE SECURITY FOR THE LOAN - You give us what is known as property nsurance, the insurance we may purchase and charge YOU for will cover only our interest in the Property. The insurance will a security interest in the property described in the "Security" section of the Truth in Lending Disclosure that is part of this " not be liability insurance and will not satisfy any state financial responsibility or no fault laws. document ( the Property"). The security interest you give includes ll i 8. DEFAULT - You will be in default if you break any promise ou a access ons. Accessions are things which are attached to or installed in the Property now or in the future. The security interest y make or fail to perform any obligation you have under this Agreement. You will also be in default under this Agreement if th also includes any replacements for the Property which you buy e Loan is in default. within 10 days of the Loan and any extensions, renewals or refinancings of the Loan. It also includes any money you receive S. WHAT HAPPENS IF YOU ARE IN DEFAULT - When you are in default, we may demand immediate payment of the outstandin from selling the Property or from insurance you have on the Property. If the value of the Property declines, you promise to give g balance of the Loan without giving you advance notice and take possession of the Property. You agree the Credit Union ha th i h us more property as security if asked to do so. 2. WHAT THE SECURITY INTEREST COVERS - The Property s t e r g to take possession of the Property without judicial process if this can be done without breach of the peace. If we ask, you promise to secures the Loan and any extensions, renewals or refinancings of the Loan. If the Property is not a dwelling, it also secures any other deliver the Property at a time and place we choose. We will not be responsible for any other property not covered by this A re t loans, including any credit card loan, you have now or receive in the future from us and any other amounts you owe us for an g emen that you leave inside the Property or that is attached to the P t W ill y reason now or in the future, except any loan secured by your roper y. e w try to return that property to you or make it available to you to claim. principal residence. If the Property is household goods as defined by the Federal Trade Commission Credit Practices Rule or your After we have possession of the Property, we can sell it and apply the money to any amounts you owe us. We will give you notice of principal residence, the Property will secure only this Loan and not other loans or amounts you owe us any public sale or the date after which a private sale will be held. . 3. OWNERSHIP OF THE PROPERTY - You promise that you own Our expenses for taking possession of and selling the Property will be deducted from the money received from the sale Those co t the Property or, if this Loan is to buy the Property, you promise you will use the Loan proceeds for that purpose. You promise that . s s may include the cost of storing the Property, preparing it for sale and attorne 's fees to the t t i no one else has any interest in or claim against the Property that you have not already told us about. You promise not to sell or y ex en perm tted under state law or awarded under the Bankruptcy Code. The rest of the sale money will be applied to what you owe under the Loan lease the Property or to use it as security for a loan with another creditor until the Loan is repaid. You promise you will allow no . If you have agreed to pay the Loan, you will also have to pay any amount that remains unpaid after the sale mone has b li other security interest or lien to attach to the Property either by y een app ed to the unpaid balance of the Loan and to what you owe under this your actions or by operation of law. 4. PROTECTING THE SECURITY INTEREST - If your state issues Agreement. You agree to pay interest on that amount at the same h a title for the Property, you promise to have our security interest rate as t e Loan until that amount has been paid. 10. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE LOAN shown on the title. We may have to file what is called a financing t t . - We can delay enforcing any of our rights under this Agreement any s a ement to protect our security interest from the claims of others If asked to do i number of times without losing the ability to exercise our rights . so, you prom se to sign a financing statement. You promise to do whatever else we think is necessary later. We can enforce this Agreement against your heirs or legal representatives. If we change the terms of the Loa to protect our security interest in the Property. You also promise to n, you agree that this Agreement will remain in effect pay all costs, including but not limited to any attorney fees, we i i , 11. CONTINUED EFFECTIVENESS - If any part of this Agreement is ncur n protecting our security interest and rights in the Property, to the extent permitted by applicable law determined by a court to be unenforceable, the rest will remain in . 5. USE OF PROPERTY - Until the Loan has been paid off, you effect. 12. NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A promise you will: (1) Use the Property carefully and keep it in good MOTOR-VEHICLE - THE MOTOR VEHICLE IN THIS TRANSACTION repair. (2) Obtain our written permission before making major changes to the Property or changing the. address where the MAY BE SUBJECT TO REPOSSESSION. IF IT IS NOT REPOSSESSED AND SOLD TO SOMEONE EL Property is kept, (3) Inform us in writing before changing your address. (4) Allow us to inspect the Property. (5) Promptly notify SE, AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN THAT SALE, YOU MAY HAVE TO PAY THE DIFFERENCE us if the Property is damaged, stolen or abused. (6) Not use the Property for any unlawful purpose . 13. NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful . 6. PROPERTY INSURANCE, TAXES AND FEES - You promise to for you to fail to return a motor vehicle that is subject to a security interest, within thirty days after you have received notice of default pay all taxes and fees (like registration fees) due on the Property and to keep the Property insured against loss and dama e The . The notice will be mailed to the address you gave us. It is your ibili g . amount and coverage of the property insurance must be respons ty to notify us if your address changes. The maximum penalty for unlawful failure to return a motor vehicle is one i acceptable to us. You may provide the property insurance through year n prison and/or a fine of $150 000 00 a policy you already have, or through a policy you get and pay for. You promise to make the insurance policy payable to us and to , . . [] The following notice applies ONLY when the box at left is marked. 14 NOTICE ANY deliver the policy or proof of coverage to us if asked to do so . : HOLDER OF THIS CONSUMER CREDIT . If you cancel your insurance and get a refund, we have a right to CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES the refund. If the Property is lost or damaged, we can use the WHICH THE DEBTOR COULD ASSERT AGAINST THE insurance settlement to repair the Property or apply it towards SELLER OF GOODS OR SERVICES OBTAINED PURSUANT what you owe. You authorize us to endorse any draft check HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY which may be payable to you in order for us to collect any y refund HEREUNDER BY THE DEBTOR SHALL NOT EXCEED or benefits due under your insurance policy. AMOUNTS PAID BY THE DEBTOR HEREUNDER If you do not pay the taxes or fees on the Property when due or . 15. OTHER PROVISIONS - keep it insured, we may pay these obligations, but we are not required to do so. Any money we spend for taxes, fees or insurance will be added to the unpaid balance of the Loan and you will pay interest on those amounts at the same rate you agreed to pay on the Loan. We may receive payments in connection with the insurance from a company which provides the insurance. We may monitor our loans for the purpose of determining whether you and other borrowers have complied with the insurance requirements of our loan agreements or may engage others to do so. The insurance charge added to the Loan may include (1) the insurance company's payments to us and (2) the cost of determining compliance with CC UNA MUTUAL GROUP, 1999, 2000, 2001, ALL RIGHTS RESERVED NXX022 (LASERI 1(?Card } SI= (?a.3? L,a- (?? 3 S. JS t,3=4?i?i -gS t? 9(os?? C, GL (I L C 1 ?J Application IMPORTANT INSTRUCTIONS: Complete and sign 'Applicant* portion to apply for credit in your name n only. To apply for a joint account, you complete and sign the "Applicant' portion, and the joint applicant M0 M completes and signs the 'Co-applicant" portion. Both applicant and co-applicant must belong to the D n CREDIT LIMIT REQUESTED $ i50 ?? Croat Union, and both "sums responsibility, for any charges made to the account. Availability of an 'D x individual account with an authorized user depends on the board policy. M m O O APPLICANT NAME (LAST•FIRST-MIDDLE) CO-APPLICANT NAME ILAST•RRST•MIODLE) m G&iAI Ar SToP I- v HOMQA?DDRESS (STREET a NO.) D n 8'o a/ , ? 11x I?/ z HOW LONG? HOME ADDRESS (STREET a NO.) fpW LON07 CIT Y-STATE-ZIP Q 1733 ZAVIWx CRY-STATE-ZIP - m PREVq ADDRES$.t /` A 1 HOW LONG? -7 PREVIOUS HOME ADDRESS HOVy Lam? C- m n 1 HOME PHONE NO. 0335 BiRTF1 DATE NO. OF DEPENDENTS GES HOME PHONE NO. BIRTH DATE NO. OF DEPENDENTS AGES M 3 0 NO . DRIVERS LICENS N . AN STATE 095,32 - 1A SOCIAL SECURITY NO, DRIVERS LICENSE NO. AND STATE (o O $ R ANNUAL INCOM SL CO1f' CO NET MONTH PAY $ BUSINESS PHONE No. GROSS ANNUAL INCOME NET MONTHLY PAY . / O. / / $ 1 EMPLOYER POSITION 4 s 'r r2BL, cc- O?G/cf.,? HOW LONG? ??- EMPLOYER POSITION HOW LONG7 m BUSINESSADDRESS MD 0o tiiS/a,?D2. s re, &UA? Y BUSINESS ADDRESS PREVIOUS EMPLOYER POST ION HOW LONG? PREVIOUS EMPLOYER POSITION ONG? HOWL PREVIOUS EMPLOYER ADDRESS PREVIOUS EMPLOYER ADDRESS 1 :E Alimony, child support, or separate income need not be revealed k you do not Wish to have it considered as a basis for repaying this obligefion, - A irtany. chip support, separate maintenance received udder court order ? written agraemenl ? oral understanding ? AYrnony, WNW support, aparata inyreanance raptured under coon order ? wreten agrosMnt O oral ugerslanckv O Olhor Inc- S pw Sourgfs) of other income: Other Income: f par a--(.) of a- Imm-: IS any Ifa:olM YI ale Sardion YLaly b M reduced in ttw M%I y1ar7 Is my tflo0lrM M the Section ately to be reduced in the Mal yNYf G Yea (Espten in detail on a separate sheet) No ? O Y- (Esraaln in daW an a separate aheat) No ? OUTSTANDING DEBTS (Include charge accounts, installment contracts credit cards rent t , , , mor gage, SIC. Use separate sheet it necessary) C MORTGAGEE OR LANDLORD PAYMENT ADDRESS APPROX. MARKET VALUE £ ORIGINALA NT BALANCE DUE MO.PMT. RENT a $ '? $ N A db AUTOS OWNED-MAKE YEAR LICENSE NUMBER FINANCED By . .Kydt?C Ci?,?u s /? ? Nr /r @ N ?0 & 3 ? $ 6 STS ?Se MONTHLY PMT. NAME AN9 ADDRESS (OTHER DEBTS)) ACCOUNT NUMB ER .P a 1. 7. v 2 93 V Al A/o e*,ft #Jf 14WAAO AJG?G(.>! $ $ 0 s?H 7 ? / a ? 7. : S%GMArUAt r o+?N ,UGG(/? $ Gavo.? $ So/f. $ $ $ CHECNU A C NO. LOCATION SAVINGS AC COUNT NOS, LOCATION TA IT L "' Fc a 3 , LS NAME OF NEAREST RELATIVE NOT LIVING WITH Vol gyp ADDRESS (CITY-STATE-ZIP) RELATIONSHIP Are you the co-maker, andorser, or byes' guarantor on any loan or contract? Yes ? No pf Iw whom? To whtan? Are there any unsalisWd C Ves iudga nanu against you? Xi No ll yes' A olhe apieaw,a.(Ee.. -k aY a M n^n^V, 4,ila support. wpeaa maraeanp. uaa aaaarae arise a races 'y.) -rn f to whom? Have you ever had • or or "her personal prop" rpossesseg by • dealer or a tinende company. lead for deramlptoy, or Naten this:read union? Q Yes O No ti youraruwer b arty of IM parry to a wefts assignment or collection sue, of nave you ever been declined on a ban application to 0uastiate byes pleaw ive d*W4 m -i . . g O COMPLETE THE FOLLOWING ONLY IF VOLT RESIDE IN A COMMUNITY PROPERTY STATE (ARIZONA, CALIFORNIA, IDAHO. LOUISIANA, NEVADA, NEW MEXICO, TEXAS, WASHINGTON OR WISCONSIN): OR IF ANOTHER PERSON WILL BE "NTLY LIABLE FOR THE ACCOUNT. Maenad rl aa.,.-- n O p This statement is submitted to obtain credit and I (we) certify that all informason herein is true and complete. I (we) also authorize the Credi: Union to verity or obtain further information the Credit may (n Deem necessary Concerning my (our) credit standing. If this application is approved and a Credtt Card(s) issued, the undersigned applicant(s) by signing, using or permitting another to use the CrelllLtilliv(s) agree(s) that the applicant(s) will be bound by the terms and conditions accompanying the Credit Card(s) and all amendment. I (we) hereby acknowledge receipt of the Credit Union "(',ard Agreement and Disclosure and Billing phlH t Inform me (us) of the Perms, responsibilftles and rights as a Credit Union Credit Card account user. APPLICANT'S SIGNATUa DATE CO-AP?LICAIPS SIGNATURE X I' 2 ?O© X DATE t I Nam. of ..ho-d uaw . EXHIBIT Date Social S-nty No. _ -- BiM Date I in G -i C Z O Z C co m Z n M m h A M m O I -? In m m .T n m m v D O 0 C Z O O p d `S i° 7' O O d in. 5 m n R X_- 6 -q •do 's ^ d .{r Z d? j-40 9 M =k" - 009-6 1 15 e llCCiiSS $ 70 3 m _ m m a ° v"g 2 3 m 3 o d e ro o . YC $ '° p C 0- L3 x. n y b 2 I=b ?z.mc g ?°'«?ch r- (p .?? ?oO?w?'i C72 I?sl g70 !LL ?K rio.:Ns ut g ?? m m vu M.c CD c ?? m e $ > > A ?++" "? a c op ?mTMm N 3 IL ;7 2 R ?s m 3 -4 ° ?3a 3 $a?? a' ? O mpg +pW ° ? ? is's ? IS ?p `6 ? ? G Q ? C 90 Cp to k^c'S$?do g3v_ Err CE C N CS ' C q 9 '_" r d d dN 1 0 ?_ coo « ? ? ^? cgo 4 2 QR+ ? se o a ? ° ? ?c u ?v w c`$. g3 a ; ao ai o $. 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CL . n m 8 a m' iQ. m§ c? b!S o g? m X• ?? m?? 4 Q f a• ?. !a :3 mwcua Qp? °QS a5' `°Cg pp??o.o ii QO'??n'1 fu 06 Pt ca 0 L & w Is ffl 0 a `4 CS?o Q? c c S noi? ° a C7 se ?_ a m o is u• 19 1. fn n Rp .. a Gr?' ° 'ItA 4241 .-1 4s-b redit Card Application EDLT. ,MIT REQUESTED $ IMPORTANT INSTRUCTIONS: Complete and sign "Applicant" portion to apply for credit in your name only. only. To apply for a joint account, you complete and sign the'AppltcanY portion, and the joint applicant 0 completes and signs the "Co-applicant" portion. Both applicant and co-applicant must belong to the D n Credit Union, and both assume responsibility for any charges made to the account. Availability of an v m Individual account with an authorized user depends on the board policy. v 0 Z CO•A LICANT NAME •FlRST ODLE) m c PLICANTN ( 51-MMUr uule) STREET & NO ) DRESS L HOME ADD ESS (STREET & NOd - FIO LONG? . ( I AD ?Y•STA •ZIP ?? ? CITY-STATE-nP .^ ?"? r_'• f ll' F10 iEV10US DRI&I OW LONG? i PREVIOUS HOME ADDRESS " HOW LONG? DME PHONE NO. BIRTH DATE NO. OF DEPENDENTS AGES HOME PHONE NO. DATE NO. OF DEPENDENTS AGES OW IAL N0. DRIVERS CENSE NO. AND STATE Jj)14t';L - 't+ Cil DRIVERS LICENSE NO. AND STATE USINESS P TUNE NO. e ANNU INCOME T AY I BUSIN N $ GROSS ANNUAL INCOME $ NET MONTHLY PAY L LSSLOI . sill N HOW LO ? C tv dI ?tz A, eA E EMPLOYER V! rrle? ?nT7) POSITION HOWILONG7 IUSINE SS BUSINESS ADDRE i's >R IOUS?LQYER ?? ? ? ?OSITION ?? ??p ?HO?I LO? PREVIOU9 EMPLOYER POSITION HOW LONG? -REVIOU EMPLOYER ADDRESS , PREVIOUS EMPLOYER ADDRESS Alimony, child support, or separate i ore need of be revealed if you o not wish to have it considered as a basis for repaying this obligation, Alimony. child support, sepals na ' ad under r O Alkncny, chad support separate mekeermwe recehred tamder court order ? . written agreement O onl standiin9 ? written agrsemeM O oral understanding _ O Other Income:. s per _ sourc e(s) of o r income: Oder koorrw: S per Saeoe(s) d other kgoma: Is any income in Section likely to be reduced in go next year? Is any inane In ON Section Ilkey to be reduced in du next year? ? Yes (Expte in detail on a separate shoot) O ? Yet (Explatn In data on a separate sheet) No v OUT ANDING DEBTS (Include Charge accounts, installment contra credit cards, rent, mortgage, etc. Use separate sheet if necessary) M GAGEE OR LANDLORD PAYMENT ADDRESS PROK. MARKET VALUE $ ORIGINAL AMOUNT $ BALANCE DUE MO.PMT. RENT AUTOS OWNED-MAKE YEAR LICENSE NUMBER FINANCED BY MONTHLY PMT. $ $ NAME AND ADDRESS (OTHER DEBTS) IV ' ACCOUNT NUMBER $ $ ^\ $ $ _;. $ $ ? OZ C fn m O C- { m i t?k I m m m v r A1 4 Q n 0 D n 7 i t zm v 0--I I n x M v =i O D v D n n O C Z --i O Name of authorized user I CHECKING/SHARE DRAFT ACCT. NO. LOCATION SAVINGS ACCOUNT NOS. LOCATION I $ TOTAL This statement is submitted to obtain credit and I (we) certify that all information herein is true and complete. I (we) also authorize the Credii Union to verify or obtain further information the Credit Union may deem necessary concerning my (our) credit standing. If this application is approved and a Credit Card(s) issued, the undersigned applicant(s) by signing, using or permitting another to use the Credit Card(s) agree(s) that the applicant(s) will be bound by the terms and conditions accompanying the Credit Card(s) and all amendments. I (we) hereby acknowledge receipt of the Credit Union Credit Card Agreement and Disclosure and Billing Rights that Inform me (us) of the terms, responsibilities and rights as a Credit Union Credit Card account user. NEW CUMBERLAND FEDERAL, CREDIT UNION, Plaintiff v. CHRISTOPHER S. KLEIN AND HELEN I. KLEIN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~ ~' c~ 10-5802 ~z: N O ., -: ~ . - ~ ~.,~ CIVIL ACTION -LAW r-l~ - .wn-; r, ==~ =, ~ ~, _ ~: DEFENDANT HELEN I. KLEIN'S ANSWER TO THE COMPLAINT WITH NEW MATTER 1. Admitted. 2. Denied. After reasonable investigation, the Defendant Helen I. Klein can not determine the truth or veracity of this averment. 3. Admitted. 4. Admitted. COUNT 1: NCFCU CAR LOAN 5. Denied. The averment contained in this paragraph references a writing and said writing speaks for itself. 6. Denied. The averment contained in this paragraph references a writing and said writing speaks for itself. 7. Denied. The Defendant Helen I. Klein avers to the contrary that upon information and belief that the Defendant Christopher S. Klein voluntarily surrendered his vehicle to the Plaintiff. The Defendant Helen I. Klein further avers that she was led to believe that the Plaintiff would accept what it received from the auction in full satisfaction of the debt owed. 8. Denied. After reasonable investigation, the Defendant Helen I. Klein can not determine the truth or veracity of this averment. 9. Admitted in part and denied in part. It is admitted that the Defendant Helen I. Klein has not made any payments. It is denied that the Plaintiff was entitled to any additional payments. The Defendant Helen I. Klein avers to the contrary that she was led to believe that the Plaintiff would accept what it received from the auction in full satisfaction of the debt owed. 10. Denied. The averment contained in this paragraph references a writing and said writing speaks for itself. WHEREFORE, the Defendant Helen I. Klein demands judgment in her favor and against the Plaintiff. COUNT 11: NCFCU CREDIT CARD 11. Denied. The averment contained in this paragraph references a writing and said writing speaks for itself. 12. Denied. The averment contained in this paragraph references a writing and said writing speaks for itself. 13. Admitted in part and denied in part. It is admitted that the Defendant Christopher S. Klein failed to make timely payments. It is denied that the Defendant Helen I. Klein had to make payments to the Plaintiff. The Defendant Helen I. Klein avers to the contrary that the Defendant Christopher S. Klein added her name without her consent and knowledge. The Defendant Helen I. Klein avers to the contrary that any charges placed on the card where done by the Defendant Christopher S. Klein without her knowledge and approval. 14. Denied. After reasonable investigation, the Defendant Helen 1. Klein can not determine the truth or veracity of this averment. 15. Admitted in part and denied in part. It is admitted that the Defendant Christopher S. Klein failed to make regular payments. It is denied that the Defendant Helen I. Klein had to make regular payments to the Plaintiff. The Defendant Helen I. Klein avers to the contrary that the Defendant Christopher S. Klein added her name without her consent and knowledge. The Defendant Helen I. Klein avers to the contrary that any charges placed on the card where done by the Defendant Christopher S. Klein without her knowledge and approval. 16. Denied. The averment contained in this paragraph references a writing and said writing speaks for itself. WHEREFORE, the Defendant Helen I. Klein demands judgment in her favor and against the Plaintiff. NEW MATTER 17. The Defendant Helen I. Klein raises the affirmative defense of accord and satisfaction. 18. The Defendant Helen I. Klein raises the affirmative defense of payment. 19. The Defendant Helen I. Klein raises the affirmative defense of fraud. 20. The Defendant Helen 1. Klein raises the affirmative defense of estoppel. WHEREFORE, the Defendant Helen I. Klein demands judgment in her favor and against the Plaintiff. Date: /o~ 6 /~ o (~ / ~- Brian K. Zellner, Esquire Attorney for Helen I. Klein Attorney ID No. 59262 HYNUM LAW 2608 North 3~d Street Harrisburg, PA 17110 (717) 774-1357 VERIFICATION I verify that the statements contained in the foregoing ANSWER WITH NEW MATTER are true and correct to the best of my knowledge, information and belief. I understand that false statements contained therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: lG s-/i~ '` ,,~ ~~z .% Helen 1. Klein NEW CUMBERLAND FEDERAL, CREDIT UNION, Plaintiff v. CHRISTOPHER S. KLEIN AND HELEN I. KLEIN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-5802 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Amanda L. Emerson, paralegal with Hynum Law Office, do hereby certify that on this, the 6th day of October, 2010, I served a true and correct copy of the foregoing Defendant Helen 1. Klein's Answer to the Complaint with New Matter upon the following individual by way of First Cfass Mail, Postage Prepaid: Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff Dated: ~ ~V ~ 2~ ~ 0 ~~~~~ ~ Amanda L. Emerson ~fi ~~~ ~~~ ~~i~~ ~~ , NEW CUMBERLAND ~~~~ THE COURT OF COMMON PLEAS FEDERAL CREDIT UNION, OCT j 4 AM ~ j: CUMBERLAND COUNTY, PLAINTIFF ~~ ~B~Rl.Al~D CQUN7'~` NNSYLVANIA VS. ~~ 1'~.~Al`*t~l~ N0.2010 - 5802 CIVIL TERM CHRISTOPHER S. KLEIN and HELEN I. KLEIN, DEFENDANTS ORDER OF COURT PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE THE JUDGES OF SAID COURT: Steven Howell, Esquire, counsel for the Plaintiff in the above captioned action respectfully represents: 1. The above captioned action is at issue. 2. The claim of the Plaintiff is $9,438.28 as of August 1, 2010 with a per diem of $2.19 from that date plus attorneys fees (recoverable pursuant to the written contract). 3. Defendant Christopher S. Klein filed a Chapter 7 Bankruptcy (10-BK-07490) on 9/14/10 with Gregory Hazlett, Esquire. Defendant Helen Klein filed an Answer with New Matter on or about 10/6/10. Plaintiff filed a Reply to New Matter contemporaneously with this Petition. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators. Brian Zellner, Esquire (Defendant Helen Klein) and Greg Hazlett, Esquire (Defendant Christopher Klein). WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, By: AND NOW, this day of Esquire and action as prayed for. BY THE COURT: CIVIL ACTION -LAW I~OGell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717)770-1277 Supreme Court 1D 62063 Attorney for Plain 2010 in consideration of the foregoing petition, _ Esquire, and Esquire are appointed arbitrators in the above captioned ~k~Q`i~q~'1`~ ~~~ Kevin A. Hess P.J. t=1LED-OFF'tCE Clt~ THE P~ROTH~3t~~TARY z~~ooeT i~ ~~ ~~. ~~ ClJMBERLAND CO1}PiT`' PENMSYLIl,~t~ll NEW CUMBERLAND THE COURT OF COMMON PLEAS FEDERAL CREDIT UNION, CUMBERLAND COUNTY, PLAINTIFF PENNSYLVANIA VS. N0.2010 - 5802 CIVIL TERM CHRISTOPHER S. KLEIN and HELEN I. KLEIN, DEFENDANTS CIVIL ACTION -LAW REPLY TO NEW MATTER 17. DENIED. Paragraph 17 contains a legal conclusion to which no response is required. If a response were required it is specifically denied that Plaintiff and Defendant Helen I. Klein ever entered into any accord and satisfaction. To the contrary, Defendant's vehicle was sold at auction and she owes more than it was worth which may be recovered in the pending action. 18. DENIED. Paragraph 18 contains a legal conclusion to which no response is required. If a response were required it is specifically denied that Defendant Helen I. Klein has paid the debts set forth in the Complaint and its exhibits to the Plaintiff. 19. DENIED. Paragraph 19 contains a legal conclusion to which no response is required. If a response were required it is specifically denied that the Plaintiff has committed any fraud upon the Defendant Helen I. Klein. To the contrary, Defendant Helen I Klein simply does not wish to pay her debts owed to the Plaintiff. 20. DENIED. Paragraph 20 contains a legal conclusion to which no response is required. If a response were required it is specifically denied that Defendant Helen I. Klein is entitled to raise the defense of estoppel in this matter. To the contrary, Defendant Helen I Klein simply does not wish to pay her debts owed to the Plaintiff. WHEREFORE, Plaintiff respectfully requests entry of judgment in its favor and against the Defendant Helen I. Klein. Respectfully submitted, By: CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Brian Zellner, Esquire 2608 North 3`d Street Harrisburg, PA 17110 BY Date: October 12, 2010 ~i7 ntiugc aucc~ New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiff Verification I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. I verify that I am the President of the New Cumberland Federal Credit Union and that I am authorized to execute this document. BY: ~~ Donald Varner, resident NCFCU Date: 1 Q ]~i I,~~ NEW CUMBERLAND ~~~~ >~ THE COURT OF COMMON PLEAS FEDERAL CREDIT UNION, ~C~ ~ 4 ~~ +,; CUMBERLAND COUNTY, PLAINTIFF ~~~BERl.A~d® CQ~NT NNSYLVANIA pEP~~15~yrq~l,~ N0.2010 - 5802 CIVIL TERM VS. .~ CHRISTOPHER S. KLEIN and HELEN I. KLEIN, DEFENDANTS CIVIL ACTION -LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE THE NDGES OF SAID COURT: Steven Howell, Esquire, counsel for the Plaintiff in the above captioned action respectfully represents: 1. The above captioned action is at issue. 2. The claim of the Plaintiff is $9,438.28 as of August 1, 2010 with a per diem of $2.19 from that date plus attorneys fees (recoverable pursuant to the written contract). 3. Defendant Christopher S. Klein filed a Chapter 7 Bankruptcy (10-BK-07490) on 9/14/10 with Gregory Hazlett, Esquire. Defendant Helen Klein filed an Answer with New Matter on or about 10/6/10. Plaintiff filed a Reply to New Matter contemporaneously with this Petition. The following attorneys are interested in the case as counsel or aze otherwise disqualified to sit as azbitrators. Brian Zellner, Esquire (Defendant Helen Klein) and Greg Hazlett, Esquire (Defendant Christopher Klein). WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) azbitrators to whom the case shall be submitted. Respectfully submitted, By: ORDER OF COURT I~OGell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717)770-1277 Supreme Court ID 62063 Attorney for Pl~in~ff A~N,D~ "NOW, this o21~'day~,QQf ((~~'~~, , 2010 in considerat'on of the foregoin petition, '~ft.[,lt~Y~ . ~.l~t~ Esquire, and Es uire and i,~,~'t, • ,Esquire are appointed arbitrators in the above captioned ,J fiction. payed for. -~ t ~~ /' BY 1 ES 1-'t~l,(FC~ ~. ~-(~. .~ Kevin .Hess P.J. U da~• a ~k'-~~ q~'Yly ~,~:a~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~untp of ~um~iArl~~~ Jody S Smith Chief Deputy ~'O may,; ~ ~t Richard W Stewart Solicitor ~F,~~ . ~ T~,E~~G~tFF New Cumberland Federal Credit Union Case Number vs. Christopher S. Klein (et al.) 2010-5802 SHERIFF'S RETURN OF SERVICE 09/10/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Helen I. Klein, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint and Notice according to law. 09/15/2010 01:30 PM -York County Return: And now September 15, 2010 at 1330 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Helen I. Klein by making known unto herself personally, at 252 Lincoln Drive, New Cumberland, PA 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. 09/23/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on September 23, 2010 at 0945 hours this Complaint and Notice upon defendant Christopher S. Klein is returned not served per request from Attorney Steven Howell. Steven Howell advised Deputies, Christopher S. Klein has filed bankruptcy under case 1:10-bk-07490-MDF. SHERIFF COST: $67.44 October 18, 2010 SO ANSWERS, `~ RON R ANDERSON, SHERIFF ~~ C ~,., o c~ '*~ _~ ~ a -y " -p ;n r ~: t r ~,~ q q ~ t3 --~ ~ _~~ ,;~ `' sm 3 ~ -*2 f ° ~ .` -~! W !c) CountySuite Sherff_ Teleosoft. Inv. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff ~ Solicitor ,,,~ Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration NEW CUMBERLAND FEDERAL CREDIT UNION vs. HELEN I. KLEIN Case Number 10-5802 CIVIL SHERIFF'S RETURN OF SERVICE 09/15/2010 01:30 PM -DEPUTY COREY STRINE, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: HELEN I. KLEIN AT 252 LINCOLN DRIVE, NEW CUMBERLAND, PA 17070. SHERIFF COST: $43.00 October 14, 2010 GREY STRINE, DEPUTY SO ANS ERS, l RICHARD P UERL ER, SHERIFF NOTARY Affirmed and subscribed to before me this COMh10NVV~,Q~Tb QF PENNSYLVANIA 14th day of OCTOBER 2010 NOTARI,~I. SEAL LISA L THORPE. NOTARY PUBLIC ,.-' n ierl~ - o't, Inc CITY OF YORK, YCRK CCI."JTY MY CO~~1hiiSS,ON EXFiRES A;;G. 12, 2013 NEW CUMBERLAND FEDERAL CREDIT UNION, PLAINTIFF VS. CHRISTOPHER S. KLEIN and HELEN I. KLEIN, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 5802 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE AS TO DEFENDANT CHRISTOPHER S. KLEIN ONLY DUE TO HIS CHAPTER 7 BANKRUPTCY FILING ON 9/14/10 To the Prothonotary: Please mark the action against Defendant Christopher S. Klein as discontinued without prejudice. The action against Defendant Helen I. Klein is not to be discontinued. Respectfully submitted, By: Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 > . Supreme Court ID 62063 < ca Attorney for Plaintiff U.a"- cso -- U-x CERTIFICATE OF SERVICE c3m 1 ' reby certify that on the date set forth below a true and correct copy of the UJCL - i fgwgo ocument was served upon the persons and in the manner indicated below U-uj w2ch ce satisfies the requirements of the Pennsylvania Rules of Civil Procedure. U- N CD Brian Yllner, Esquire (Via Telecopier 774-0788) Greg Hazlett, Esquire (Via Telecopier 790-9279) Hamilton C. Davis, Esquire (Via Telecopier 530-52: BY: Date: December 8, 2010 New Cumberland Federal Credit Union, Plaintiff Christopher S. Klein and Helen I. Klein, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-5802 CIVIL ACTION - LAW OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth Mthatte discharge the duti of ffice ith fidelity. Signature ignature Ind ?- Name (Chairman) Name Name ,7" 111,4 q Law Fir Address 5?elnJ?w??, Pry ?Z2s? City, ZIP ra pga-r ftk, )CU>,S-1PC Law Firm .x-v? . ? Sv-1c100 Address Law Fi Address AA- 17ell City, ZIP City, T-? ZIP CL Jys? /S'S 27 AW . //19-Z I/11)11 / r rl We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) (-,s K d ,e rle"? 1i6 qe R z ,'?? ?,a Cl- 15_1 1 aj,,, J Mwa s c - fi ?L loo ao Date of Hearing: 7 ?, Zo t1 (Chairman) NO'FICE_ OF ENTRY OF AWARD Now, this day ofd-, at S o'clock,?.m., the above award was entered upon the docket and notice thereof iven by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appzal. Prothonotary FILED-OFFICE HE PROTHOVGTA-9-,-' 2011 JAN -6 AM 9: 315 4er iie p,W Under ootwfZ -4bt,Myo (a+^ pwvg w Men* of+P/.ofp m 46day)ard owt&a 43,1sa as (mg4 per dto inure&* of 4 !. (d f vom i-od") aAd astm" ism? :M, a". 00 - "U BERLAND COUNTY PENNSYLVAMII Co i ES mS C P4 &4Y G - 41-trz.l &1Y . Lam, NEW CUMBERLAND FEDERAL THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY PLAINTIFF PENNSYLVANIA V CIVIL ACTION - LAW rn HELEN L KLEIN rn lm = = c.? -U DEFENDANT NO. 2010-5802 x ri ?a C-) a ' PRAECIPE FOR WRIT OF EXECUTION = PURSUANT TO PA. R.C.P. 3101 TO 3149 TO THE PROTHONOTARY: Please issue writ of execution in the above matter. (1) Directed to the Sheriff of York County, Pennsylvania; (2) Against DEFENDANT HELEN I. KLEIN, 252 LINCOLN DRIVE, NEW CUMBERLAND, PA, YORK COUNTY, PA 17070. (3) and index this writ (4) Against DEFENDANT HELEN L KLEIN, 252 LINCOLN DRIVE, NEW CUMBERLAND, PA, YORK COUNTY, PA 17070. As a lis pendens against the property of the Defendant located at 252 Lincoln Drive, New Cumberland, York County, PA 17070. ALL PERSONAL PROPERTY INCLUDING BUT NOT LIMITED TO FIREARMS, APPLIANCES, ELECTRONIC EQUIPMENT, COMPUTERS, DVD PLAYERS, TELEVISIONS, TOOLS, COLLECTIBLES AND VEHICLES AT 252 LINCOLN DRIVE, NEW CUMBERLAND, PA, YORK COUNTY, PA 17070. (5) Amount Due $10,107.56 Judgment 5/23/2011 Interest Count I $ 8.72 $1.09 Per Diem from 5/23/2011 Interest Count 11 $ 8.96 $1.12 Per Diem from 5/23/2011 Attorney Fees $ 1,200.00 Total $11,325.24 Plus All Costs 4.14.oo P,0 pTN W.y4 08F ga,oo aq.oo " 14-00'. a.So N aa3.44 - Po A-n'Y A"eCe' Date: 6 ?- /1a-560 ? Pit 9R#74 A_ ??_-I P-*j&03f)1 writof 8* ?`?` Respectfully submitted, By: Kwel1 Law rm 619 Bridg treet New Cumberland, PA 17070 Supreme Court ID 62063 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-5802 Civil CIVIL ACTION - LAW TO THE SHERIFF OF YORK COUNTY: To satisfy the debt, interest and costs due NEW CUMBERLAND FEDERAL CREDIT UNION, Plaintiff (s) From HELEN I. KLEIN, 252 Lincoln Drive, New Cumberland, PA, 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property including but not limited to firearms, appliances, electronic equipment, computers, DVD players, televisions, tools, collectibles and vehicles . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: 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 $10,107.56 L.L. $.50 Interest Count I -- $8.72 $1.09 per diem from 5/23/11 Count II - $8.96 $1.12 per diem from 5/23/11 Atty's Comm % Atty Paid $223.94 Plaintiff Paid Due Prothy $2.00 Other Costs: Attorney Fees -- $1,200.00 Date: 6/9/11 (Seal) REQUESTING PARTY: Name STEVEN HOWELL, ESQUIRE Address: HOWELL LAW FIRM 619 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: Supreme Court ID No. 62063 David D. Buell, Prothonotary Deputy