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HomeMy WebLinkAbout04-5966 d. LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff W ACHOVIA BANK, N.A. 7960 Arlington Expressway 4th Floor Jacksonville, FL 32211 CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: Plaintiff Olf- ~4U &~ v. TERRENCE MCBRIDE 26 Orange Street Mount Holly Springs, P A 17065-1721 Defendant. 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 this 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH THE INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (800) 990-9108 A VISO PARA DEFENDER USTED HA SIDO DEMANDADOIA EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y A viso es servido, con entrando por escrito una aparencia personalmente 0 por un abogado y archivando por escrito con la Corte sus defensas 0 objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda 0 por cualquier otro reclamo 0 alivio solicitado por Demandante. Usted puede perder dinero 0 propiedad 0 otros derechos importante para usted. USTED DEBE LLEV AR ESTE P APEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VA Y A 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (800) 990-9108 NOTICE The amount of your debt is as stated in the aHached document. The name and address of the creditor to whom the debt is owed is as named in the attached document. This is an aitcmpt by a debt collector to collect a debt. Any information obtained will be lIsed for that purpose. Unless yOll notify tltis office within thirty (30) days after receiving this notice that you dispute tlIe validity of tlIe debt or any portion thereof, this office will assUllle' that this debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice that the debt, or any portion thereof, is disputed, this office will obtain verification of the debt and mail you a copy of such verification. Collection agencies are regulated by a federal law which grants you certain rights. One of these is the right to have us cease communication with you about this debt. If you ask us in writing to cease, we will. This law is administered by the Federal Trade Commission, Division of Credit Practices, Washington, D.C. 20580. !fyou request this office in writing within thirty (30) days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor. Note: Ifyau have received a discharge in bankruptcy which discharges the debt which is the subject hereof, this Notice is far infonnation purposes only and should not be considered an attempt to collect a debt. Peter Meltzer, Esquire 1600 Locust St. Philadelphia, PA 19103 215-545-3300 . . , LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.c. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, P A 19103 (215) 545-3300 THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff W ACHOVIA BANK, N.A. 7960 Arlington Expressway 4th Floor Jacksonville, FL 32211 CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: Plaintiff, v. TERRENCE MCBRIDE 26 Orange Street Mount Holly Springs, P A 17065-1721 Defendant. COMPLAINT AND NOW, comes the plaintiff, Wachovia Bank, N.A., by and through its attorneys, Law Offices of Meltzer & Associates, P.c., and files this Complaint pursuant to Pennsylvania Rules of Civil Procedure 1071 et seq. and avers as follows: PARTIES 1. PlaintiffWachovia Bank, N.A., is the successor to First Union National Bank, and is a national organization with an address at 7960 Arlington Expressway, 4th Floor, Jacksonville, FL 32211. 2. Defendant is the individual named above residing at the above address.. VENUE 3. Venue is proper in Cumberland County in that said County is the county where the defendant resides. FACTS 4. On or about September 20,2001, Defendant executed a Line of Credit Agreement in favor of First Union National Bank, the predecessor to Plaintiff, in the original principal sum of $76,400.00 (the "Agreement"). A true and correct copy of the Agreement is attached hereto as Exhibit "A". 5. The last payment made under the Agreement was made on May 12, 2004 and the default date is August 25, 2004. 6. As a result ofthe Defendant's default in payment under the Agreement, there is now due from Defendant to Plaintiffthe sum of$86,034.87 plus per diem interest, which is due and payable under the Agreement, calculated as follows: Principal: Interest until October 28, 2004: Attorneys's Fees pursuant to Note: Out-of-Pocket Costs: TOTAL $73,026.16 $ 1,754.81 $10,953.90 $ 300.00 $86,034.87 Per diem interest accrues at the rate of $8.50 from and after October 29,2004. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $86,034.87 plus per diem interest as aforesaid plus such other relief as the court may deem just and appropriate. Respectfully submitted, Dated: If A,'r/oY 2 " . Account' Number: 4386542211312373 .. . First Union National Bank Prime Equity Line of Credit Agreement & Disclosure Statement Date of Agreement: 09/20/0' Maximum Credit Umit: $ 76400.00 Borrower(s) TERRENCE L MCBRIDE The Prime Equity Une of Credit Agreement & Disclosure Statement ("Agreement") contains the terms whiclt apply to the Prime Equity Une Account ("Account") with First Union National Bank. The worns "I,..me,. and .my," wniclt also mean "we," .us: and .our: if more than one Borrower, mean the person or persons signing thIs Agreement. The worns "you." "your: and "yours. mean First Union National Bank ("First Union"). ACCESSING THE PRIME EQUllY UNE First Union will establish an Account and issue to me Prime Equity Una Checks and if applicable law permits, a Credit Card Access Device ("Card"). The Prime Equity Line Checks and Carn can be used to obtain Advances from my Account during the Oraw Period, up to the amount of the Maximum Credit Umit established in this Agreement. FII'St Union will charge all Advances obtained under the terms of this Agreement to my Account. Advances made pursuant to Prime , Equity Une Checks will be for the amount of the Plime EQuitv Line Check. Jutv"n,.._ m"tI> ""....!?... ,.. ,..~ .._~ .. - ~ ,,:~ .:::~~~: ~_. ::._ _..v~... v. ",,, "'.......,.."" UI IIJr lI1e amount of the AdVance obtained with the Card at any ATM or other outlet. If I have a Oemand Deposit Account with you and I request you to initiate an Advance from my Account. so thaI items presented against my Demand Deposit Account which WOuld otherwise overdraw my Fust Union Demand Deposit Account are honored, I agree that First Union may charge such Advances to my Account and that such Advances shall be in Increments of $100.00. I agree that any Prime Equity Une Checks or Cards thaI you supply 10 me are your property and must be returned to you immediately upon demand if I am in Default of this Agreement or my Advance privileges are terminated or suspended in accordance with the terms of this Agreement. MAXIMUM CREDIT UMIT My Maximum Credit Umit Is indicated above. I agree never to allow the Outstanding Balance due on my Account to exceed the Maxmum Credit Umit. I also agree that you are not obligated to pay any Advance or other chalge against my Accounl that would make my Account Outstanding Balance exceed my Maximum Credit Umit. I agree to immediately repay, upon demand. any Outstanding Balance that exceeds the Maximum Credit Umit established hereunder. Any increases in my Maximum Credit Umlt I request will require that a new application be approved in accordance with your then applicable underwriting standards and I must sign any additional agreements that in your opinion are necessary to secure your interest. DRAW PERIOD Except as provided herein and unless terminated earlier in accordance with the tenns of this Agreement, I may obtain Advances under the terms of this Agreement for twenty (20) years from Ihe Date of Agreemenl ("Draw Periodj. For Accounts secured by property located in Connecticut. the Draw Period is len (10) years from the Date of Agreement. OBUGAnON TO LEND You are absolutely obligated under Ihe tenns of this Agreement to make Advances not to exceed, al anyone time in the aggregate, the amount Indicated as the Maximum Credit Unlit and I agree to repay any Advances under the tenns of this Agreemenl Your obligation to make Advances to' me under this Agreement ends when the right to obtain Advances tenninates at Ihe end of the Draw Period or when such Advance privileges are suspended or tenninated in accornance with the teons of 'his Agreement. FINANCE CHARGE ON MY ACCOUNT BALANCE (a) My Account has a monthly billing cycle. A Finance Charge computed on a monthly periodic rate will be imposed, if at 'the end 'of any day of the billing cycle, Ihere is a balance owing on my'Account. The-monthly periodic rate for an initial Advance, if any, made by you will begin to accrue on the date of this Agreement. The monthly periodic rate for any Advance other than an initial Advance will begin to accrue on the Transaction Date as indicated on my billing . statement. . (b) You will figure the Finance Charge on my Account by applying the monthly periOdic rate to the "average daily balance" owing on my Account Qncluding current transactions), To calculate the "average daily/balance" you wiD take the beginning balance of my Account each day, add any new Advances and Fees cnarged to the Account pursuant to the tenns of this Agreement, and subtract any payments or credits. This gives you the daily balance. Then, you will add up all the daily balances for the billing cycle and divide the tolal by the number of days in the billing cycle. This . gives you the .average daily balance," , (C) The Finance Charge imposed duling a billing cycle will be determined by applying the mOt\thly periodic rate that is 1/12 of the corresponding, ANNUAL PERCENTAGE RATE to the average dally balance. The ANNUAL PERCENTAGE RATE and monthly periOdic rate are variable rates and are subject to change on the first day of each billlng'cyCle, inhere was' a' prior change in the Index,' which Is the' Prime' Rate as regulalty published in the' Eastem edition of The Wall Street Journal ("Prime Rale"). . (d) If the Prime Rate becomes unavailable, you will seled a new index which is based on a historical movement substa~tiany similar to the original Index and the new index and margin will result in an ANNUAL PERCENTAGE 537S13 (Ro. 03) D71D1 PA ~A41r_ o0121~n~It'" RATE subStantially similar to' the rate In etrecf at the time the Prfme Rate becomes unavailable. You wiJrglve me notice of this change. , . . (e) T1le corresponding ANNUAl:. PERCENTAGE RATE per year which Is effective as of the 1st day of the calemar month In which you receive your statenIent and Is based on the Prime Rate as published in the Eastem edition of'T1Je WeB Street Jol.maI on the 25th day of the pcior calendar month pillS a Margin of 0.00 %. If more than one Prime Rate Is published on the 25th day of the prfor Calendar month. you wi. use the higher rate as the Prime Rate. If the Prime Rate Is not pu~ed on the 25th day of the prior calendar month. the Index will be the Prime Rate published on the last business day prtor to the 25th. (f) During the first twelve monlf1s of the Agreement. as measured from the date of the Agreement ("Initial Periodj, if I take Advaooes totaling at least 55.000.00. the ANNUAL PERCENTAGE RATE will be discounted for the remaining months left in the Initial Period. During the Initial Period, the ANNUAL PERCENTAGE RATE will equal the Index (WSJ Prime Rate) plus the discounted Margin which is 0.00 %. The ANNUAL PERCENTAGE RATE for the Initial, Period Is not based on the Margin that Is used to make later rate adjustments. After the Initial Period, the ANNUAL PERCENTAGE RATE for the remaining term of the Agreement will be determined in accordance with subsectlon (e) above. , (g) Assuming that the discounted ANNUAL PERCENTAGE RATE is not In effect. the initial monthly periodic rate of o.s42 % will apply to my average daily balance during my first bBJing cycle and the initial corresponding ANNUAL PERCENTAGE RATE win be 11.500 %. An Increase In ttle ANNUAL PERCENTAGE RATE and monthly periodic rate will result in increased Finance Charges and minimum payment amounts. The corresponding ANNUAL PERCENTAGE RATE for each billing cyde will be shown on my billing statement for that cyde. The ANNUAL PERCENTAGE RATE includeS only interest and no other costs. (h) The maximum ANNUAL PERCENTAGE RATE will never exceed eighteen percent (18%). In North Carolina. the maximum ANNUAL PERCENTAGE RATE win never exceed sixteen percent (16%). Other Charges. In addition to tlie FINANCE CHARGE which wl/l be added to my Account each biDing cycle, I will pay the foRowing real estate dosing and security filing fees: .. "X" .. First Union Pays Fee "X" :: First Union Pays Fee Survey $ Georgia Mortgage Fee 5 Title Examination $ 30.00 .x. Settlement Fee $ . lUG It~' G.4'\IoG of rUlIIll> " Recording Fee $ 43.50 .x. Commitment Fee $ Appraisal Fee $ Broker Fee $ Rood CertiflC8tlon Fee $ 11.50 .x.. Misc. $ Intangible Tax S MlJc. $ Document Stamp Tax $ $ TOTAL $ All nn FtRST UNION FEES PAID $ .lI5.00 CUSTOMER FEES PAID $ 0.00 o Closing Cost Repayment Option. If checked, I request that you pay the Other Charges indicated with an 'X' above for me. I WiU pay the remaining Other Charges not so indicated. In consideration of your payment of the Other Charges indicated above I agree to reimburse you for the Other Chalges that you have paid on my behalf, in the event I pay the entire OutsIanding Balance and close this Account on or before one calendar year after the opening date of this Account. If I pay the entire Outstanding Balance and dose this Account after one year, but on or before two calendar years after the opening date of this Account, I agree to. reimburse you fifty percent (50%) of the amount of dosing costs you paid for me. I understand that I may pay my eritire Outstanding Balance at any lime without having to reimburse you for the closing costs as long as my Account remains open. Statement If I have an Outstanding Balance or a credit balance in excess of $1.00 or if there is any Finance Charge imposed during a billing cycle, you wUI send me a Statement. I promise to pay you in accordance with the tenns of this Agreement In United Slates Dollars drawn on an institution located In the United Stales. I understand I am prohibited from using an Advance to make my payments on this Account. I agree to be responsible for any fees .or costs associated with the processing of my payments on my Account should I use a method of payment thai results in extra costs or fees being assessed to you. Payment Schedule. During Ihe Draw Period, I agree to pay the minimum monthly payment not later than the paymenl due date shown on my Statement as follows: o QQfum.A: I WiU make a minimum monthly payment equa/to the greater of the Finance Charge on the outstanding Advances plus accrued but unpaid Fees or $50.00. 6(1 ~: I win make a minimum monthly payment of the greater of 1,5% of the Outstanding Balance shown on my Statemenl or $50.00. Upon expiration of the Draw P~riod, I will make a minimum monthly payment of the greater of 2% of the Outstanding Balance shown on my Statement or $50.00 unlilthe entire Outstanding Balance is paid in full. For purposes of this Agreement. the term -Outstanding Balance' includes all unpaid Advances, accrued but unpaid Finance Charges and accrued but unpilid Fees pennilted to be charged to my Account under the terms of this Agreement or the Security Instrument. Application of Payments. Payments will be applied in the following order. First. to the accrued but unpaid promotional Finance Charges due; next to non-promotional Finance Charges due; next 10 any Fees that have been charged in accordance with the teRnS of this Agreement. The remainder 01 any payment will be applied firslto any unpaid promolionalAdvances and then,to any non-promotional Advances. Promotional Advances and Finance Charges refer to offers to use my Account on ~cialterms that you may make to me from time to time; you will provide the terms of any promotional Advance or promotional Finance Charge at the lime that you make the offer available. I understand that making more than the minimum payment may not advance my next payment due dale, 53JS13 (Re-I 03) OMit PI'. Pel............ -0121803112- ,.. '), Mln...ui1i Monthlv Payment Change. Subject to your approval, during the Draw PerIod. I agree that I may dlange my mlIIiInum payment option to any option listed above upon written notice of my requeslto change my minimum pIIyment option. ' PAYMENT IN FULL I AGREE llfAT THE NOlE HOLDER MAY ACCEPT PAYMENTS MARKED "PAID IN FULL" WITHOUT ANY LOSS OF THE NOTE HOLDER'S RIGHTS UNDER THIS NOTE UNLESS I SEND THEM FOR SPECIAL HANDUNG TO FIRST UNION EQUIlY LINE SERVICES, VA 0343, PO BOX 13327. ROANOKE, VA 24040. Late Fee, I agree that any Late Fee imposed by you win be charged to my Aa:ount, If this Agreement is govemed by New YOIit law and al/ of a minimum monthly payment is not received within fifteen (15) days of the due date provided on my Statement, you will Impose a Late Fee of two percent (2%) of the amount of the minimum monthly payment. If this Agreement is govemed by North Carolina law and all of a minimum monthly payment is not received within fifteen (15) days of the due date provided on my statement, you will impose a late Fee of four percent (4%) of the amount of the minimum monthly payment. If this Agreement is govemed by South Carolina law and Is secured by a subordinate lien on real property and all of a minimum monthly payment is nol received within ten (10) days of the due date provided on my statement, you will impose a late Fee oHhe lesser 01$13.50 or five percent (5%) oHhe amount of the minimum monthly payment but not less than $5.40. Otherwise, if all of a minimum monthly payment is not received within ten (10) days of the due date provided on my Statement, you will Impose a Late Fee of fIVe percent (5%) of the amount of the minimum monthly payment. If this Agreement is govemed by a law other than those listed in this Sedion (above) and aU of a minimum monthly payment is not received within ten (10) days of the due date provided on my statement, you will impose a Late Fee of five percent (5%) of the amount of the minimum monthly payment. Return Items Fee. If I make a oavmAl'I1 In, mv Arrn"n' ..., ....A,.~ ... ...... ...... ~"::' :~::'., :: :::~:::_ ._:w,..~.: w......K,; ;.., a"f reason, I agree to pay a cihaige of $20.00 for each retum8d check or draft. If this Agreement is govemed by Maryland law and I make a payment to my Account by check or draft and the check or draft is retumed unpaid for any reason, I agree to pay a charge of $15.00 for each retumed check or draft, I agree that this fee will be charged to my Account. Stop Payment Fee. If t request you to stop payment on an Advance made with a PrIme Equity Une Check, to the extent not prohibited by applicable law, I agree to pay your scheduled fee for such service. I will be notified of the amount of such fee at the time that such action is requested. I agree that this fee will be charged to my Account. AdmlnlsttatlveJServlc:lng Fees. I agree that, if after Closing, I request other services related to servicing or administering my Account for which you have a scheduled charge, to the extent not prohibited by applicable law, I will pay you the then current fee for such services or request if you agree to perform such services or request. I wiD be notified of the amount of t.h~ fee at the time that such action is requested. I agree that any such fees wiD be chalged to my Aa:ount. .,. . .' .,.... ". I' .. . . '. . '- ~. .' .. . ,.. . . . Agreement Secured by Security Instrument In addition to the protections given 10 you under this Agreement, a Security Instrument on real property (the 'Property") desctibed in the Security Instrument and dated the same date as this Agreement, proteds you from possible losses which might result if I do not keep the promises which I make In this Agreement. Tne secUrity Instrument describes how and under what conditions I may also be required to make immediate payment in full of all amounts I owe under this Agreement. Change of Tenns of This Agreement In addition to other rights you may have under the tenns of this Agreement, you may ~hange the terms and conditions of this Agreement when any of the foUawing events shall occur: . (1 )if ~e index and. margin used with this Aa:ount are no longer available; . (2)' 'if yOu make a change that I specifically agAle to in writing: (3) it you make a change that will unequivocally benefit me throughout the remainder of the term ot this Agreement; or (4) 'it you' make any insignificant change in the terms of this Agreemenl . Suspension and/or Reduction of. Credit limit I agree that you may prohibit additional Advances or reduce tlie Maximum Credit Umit when any of the fol/owing events shall occur: (1) if the value of the Property that secures this Agreement dedines significanlly below Ihe Property's appraised value during the time of this Agreement; (2) if you reasonablY believe I will be unable to fulfilrthe'repayment Obligiltions under this Agreement due to a material change in my financial circumstances; (3) if I am in defaull of any malerial obligations under this Agreement, such matenal obligations include, but are not limited to, all of my promises in this Agreement regarding the payment of money to you and the preselVation of your rights in the Property; (4) if action by a governmental body does not allow you to impose the ANNUAL: PERCENTAGE RATE currently applicable to this Agreement; (5) it action bY 8'govemmental body adversely affeds the prioriIy of your Security Instrument to the extent that the value of the security interest is le$S than 120 percent ot the amount of my Maximum Credit Umit; (6) if you .are notified by a govemmental agency that regulates your lending activities that continuing Advances constitutes an unsafe and unsound pradice: (7) if during any period in which the ANNUAL PERCENTAGE RATE corresponding 10 Ihe monthly periodic rate reaches the maximum interest rate allowed under this Agreement. Provided I am in compliance with the other tenns of this Agreement, I understand you will reinstate credl privileges if the ANNUAL PERCENTAGE RA lE declines below the maxinum ANNUAL PERCENTAGE RATE; or (8) if I request that you suspirid any Advance Or reduce the MlOOmum Credit Umil. 537S1l3 tR~ 03) 3 07101 PA ""', AG- ~ Relnstalement.of Advance prIVileges. Except as provided for in this Agreemeft. I understand thai if my .Advance ptYIJeges are suspended or my Maldmum CredI LImI Is reduced. it Is my responslbilily to request reinstatement of my AdvInce ptlvIIeges that have been'SUSpended. If I request reinstatement of my Advance Privileges, I further understand ~at I may be required to pay for an appi'alsal of the Propert)' to determine if the value has changed. If you suspend Advances or reduce the MaxImum Credit Umit, I understand you wi. mail or deliver written notice of your action no later than three business days atler the action and that such notice will contain the SpecifIC reason for the adion. DefaultITennination. I will be in default If any of the following events shall occur: (1) If I faU to make my payments when they are due; (2) If I have engaged in fraud or material misrepresentation In connection with my Account; (3) if my action or inaction adversely affects the Property or your rights in the Property or I am in breach of any term of the Secul1ty Instrument; or (4) if I breach any tenn or this Agreement. If I am in Default under the tenns of this Agreement, you mBY, al your option and In your sole discrelion, take the following action: (1) terminate my Advance privileges and demand the Outstanding Balance to be due and payable immediately in full in a single payment, with interest due on the Balance at the ANNUAL PERCENTAGE RATE as provided for in this Agreement until paid; or (2) temporarily or permanenUy prohibit additional Advances or reduce the Maximum Credit Umit without demanding payment in full. ":.. If you do not Immediately terminate the Advance privileges and demand repayment of the Outstanding Balance, such action shall not constitute a waiver Of your right to subsequently terminate the Account or demand repayment of the Outstanding Balance al a later time, if the event of Default stitI exists or another event of Default occurs at that time. In the event of Default. if I dO not Imrne<fcately pay the Outstanding Balance and if this obligation is referred 10 an attomey. al.law for collection. who Is not a salaried employee of you, to the extenl not prohibited by applicable law, you will have the right to coUect attorney fees not exceeding fifteen percent (15%) of the Oulstandlng Balance along with court costs -::-:~ :::;::::::. :";'-.t ~..;..:~~" :..: ;';.:... .\".ll;,""'.'Q~i~ ft~ ClQU 1.iu,.~i,i.i.llC ctll iJlttfiu UI LJt:iwua; fJll ",e decuniy Instrument secunng my performance of the obligations set forth in tills Agreement. Upon Default, you may proceed to enforce the terms of this Agreement or enforce any rights that you may have under the Security Instrument. "DEFAULT IN THE PAYMENT OF THE LOAN AGREEMENT MAY RESULT IN THE LOSS OF THE PROPERTY SECURING THIS LOAN. UNDER FEDERAL LAW, YOU MAY HAVE THE RIGHT TO CANCEL THIS LOAN. IF YOU HAVE THIS RIGHT, THE LENDER IS REQUIRED TO PROVIDE YOU WITH A SEPARATE WRITTEN NOnCE SPECIFYING niE CIRCUMSTANCES AND TIMES UNDER WHICH YOU CAN EXERCISE THIS RIGHT." Termination by Leu than All Borrowers. If one or more persons are liable under the teons of this Agreement and less than aD or said persons request in WTiting that MIR Advances be terminated or temporarity suspended hereunder, you will block and OthelWise suspend further Advance privileges. Upon receipt of sUCh notice from one or au of us, you wig provide written notice to aU Borrowers that the Advance privileges have been suspended. I understand that said Advance privReges wi! not be reinstated by you until you receive a wlitten request from all persons liable on this Account requesting Alinstalemenl of the Advance privileges. I further agree that any request 10 grant reinstatement will be made at the sole discretion of you and in accordance with your policies in effect at the time such request is made. I understand that during the time of Bny such suspension or termination that I must continue to abide by the terms of the Agreement Including, but not Hmited to the Payment Schedule. Voluntary Tennlnation. I can cancel my Account at any time by destroying all of my unused Prime Equity Une Checks and any card Access Devices that may have been iSSUed in connection with my Account and sending you a signed letter requesting that you cancel my Account. I understand that my obligations under this Agreement and any changes made under It prior to cancellation will continue to apply until I have completely paid the Outstanding Balance on the Account. Required Property and Flood Insurance. I agree to purchase and 10 continue to maintain property insurance (and flood insurance if so required) on the secured Property in an amount not less than the entire Outstanding Balance for all prior and current obligations secured by my Property or in such an amount satisfactory to you. I understand I may purchase required property and flood insurance from anyone I choose who is acceptable to you. I agree that In the event I am required 10 purchase property and/or flood Insurance and fail to do so that you may purchase said insurance on my behalf and add the amount of the premium to my then Outstanding Balance. I agree that you ,have an irrevocable power of attomey to file proofs of loss or other insurance claims and anything else to obtain insurance proceeds in my name. AsslgnmentfTransfer of Account. I cannot transfer or assign my Account or this Agreement to any other person, however. I agree you can assign or transfer this Agreement and the Security Instrument securing this Agreement. Change of Address. I wi advise you promptly if I change my mailing address or if I sell the Property seCUring this Account. Notices. AI written notices and statements from you to me will be considered given when placed in the United States mail, postage paid, and addressed to me at my CUlT8nt address as it appears in your records. If tills is a joint Account, written notice to one person Is notice to aU persons. Removal of Security Interest. AI any time when the Outstanding Balance secured by the Security Instrument is zero, you shall. at my written request, execute a Satisfaction and provide me With a recorded copy. Absent my request, the Security Instrument WiD remain In full force and effect unt" the Draw Period has expired and the Outstanding Balance Is paid in fun. Governing Law. I agree that this Agreement shall be governed by and interpreted entirely under the law of the State where the Property securing this Agreement is located and applicable federal law. If the Property securing the Agreement Is located in Maryland, this Agreement is govemed by MD Code Ann., Commercial law ~12.1001 ~ and appUcable federal law. 137513 lRft 03) 4 a710t PA "'I~ Other Provisions. Each of us who signed this Agreement are both individually and jointly oIlIig81ed for d payments due under this Agreement. If you request. I wll give you any information needed to reevaluate my Account or my creditworthiness. You may, at any time, seek information abOUt my financial condition from othefS Incluclng but not limited to oblainlng updates from a credit bureau. In the event that the amount of Interest on my Account exceeds the maximum permitted by law, you agree to repay me upon demand the amount paid which exceeds the maximum Interest rate. or at your option, to reduce the then OUtstanding Balance by the excess amount of interest. This Agreement constitutes the entire Agreement between the parties. If any part of this Agreement Is not valid, all other parts will remain enforceable. I understand I should consult a tax advisor regaroing the deductibility of interest and charges for my Account. " CAUTION - IT IS IMPORTANT THAT YOU READ ALL PAGES OF THIS AGREEMENT BEFORE YOU SIGN IT. DO NOT SIGN THIS AGREEMENT IF IT CONTAINS ANY BLANK SPACES. By signing below; I agree to all of the above terms and certify that I received a completed copy of this Agreement ,~IJ+1L'/ rf 1?~~ Borrower TERRENCE L. MCBRIDE Borrower Borrower Borrower " 537583 (R.. OJ) 6 07101 PA Pel AlI'- .0121803112* 11/16/04 14:21 FAX 215 5450666 MELTZERLAW. P.C. IaJ 04 ~'ERIFICATION 1".:1'1.4",1' 8j(.C)~~an authorized::mployee ofWachovia Bank, N.A. am duly authorized to make this Verification on behalf of W RC hovia Bank, N.A.) and do hereby verify that the statements made in the foregoing Comp I aint are tme and comet to the best of my knowledge, information and belief. I further unders' and that the statements therein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. t6~, ~Rou.) tJ 3 ~S?i-D - ('-- c;~~ ~~c::f Uv -:t) (j. - CJJ I ~ cJ Q\) (") "> ~ <::::> c.:; c:;> ...II:"- " ;;r.: 5! {:, , -r-'! C rn f1J , -< I. N :-g~ u::> ()O \..> -i! " i ...,...) '.' :-ri I. .' "'"'~ ,;~) i") ;i~ ~~~! -"- :;''':1'11 w (,) ";:;> --I ..,:",.... ~~. =~ .r::- .':q en -<: LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Shilpa Patel Identification No.: 83430 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff v. CUMBERLAND COUNTY COURT OF COMMON PLEAS DOCKET NO.: 2004-05966 WACHOVIA BANK, N.A. TERRENCE MCBRIDE Praecipe for Judlrnlent To the Prothonotary: Enter judgment in the sum of $86,782.87 in favor of the plaintiffW ACHOVIA BANK, B.A. and against defendant TERRENCE MCBRIDE because of Defendant's failure to file an answer within twenty (20) days of service of the Complaint, and assess damages as follows: Amount claimed in Complaint: Per diem interest from 10/29/04 to 1/24/05: Per diem interest from 1/25/05 at $8.50: $86,034.87 $ 748.00 REAL DEBT $86,782.87 ~fMO Shilpa Patel, Esquire Attorney for Plaintiff ASSESSMENT OF DAMAGES AND NOW, thiii~~y of ~,,~ ,2005, damages are assessed as above. ~ATi~ )k! ~. Prothonotary ~ LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Shilpa Patel Identification No.: 83430 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 WACHOVIA BANK, NA THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff v. CUMBERLAND COUNTY COURT OF COMMON PLEAS DOCKET NO.: 2004-05966 TERRENCE MCBRIDE CERTIFICATION AS TO COMPLIANCE WITH PA.R.CIV.P. 237.1 I hereby certifY that I am the attorney for the plaintiff in this action and further certifY that on January 4, 2005, I caused the 10-day notice required by Pa.R.Civ.P. 237.1 to be sent to the defendant after defendant's failure to plead to the Complaint in the above matter which was served upon Defendant by the Cumberland County Sheriff on December 9, 2004, and I hereby further certifY that defendant failed to answer the Complaint or otherwise respond to the Complaint or the 10-day notice in any way. A copy of the Proof of Mailing of the 10-day Notice is attached hereto as Exhibit "A". Dated: January 24, 2005 JiJ;a-/lJJ;O Shilpa Patel, Esquire Attorney for Plaintiff LAW OFFICES OF PETER E. MELTZER P.c. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED, Attorneys for Plaintiff W ACHOVIA BANK, N.A. v. CUMBERLAND COUNTY COURT OF COMMON PLEAS DOCKET NO.: 2004-05966 TERRENCE MCBRIDE To: Terrence McBride IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: 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 INFORMA nON ABOUT HIRING A LA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990.9108 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.c. Dated: January 4, 2005 By: {" (~li~ t- 1';L.lh,~,r PETER E. MELTZER, ESQUIRE Attorneys for Plaintiff This is an attempt by a debt collector to collect a debt. Any information obtained will be used for that nurnose. 2 1"""-1 ~ (') % 1i Ii Ii \ ~ 9. 'e -- " !!- " " <; ~~1 'Z "'. ,. ~'" !" ~ -i "'\ . ' ~ ~ ~ \ Co ~ \J, ~ l 9.- (J> .. ~ 'Z. ~ .' 0- ~l .. ....~\ .' , . f ,-~ ,-" " w ~ ." ~ <: .. ~ ~ ~ tJ> ~ ~ ~ 3 ~ ~ o " ~ <: .. ~ ~ - .... . 9 \...... . ~.~ . '..' . \ ~ .\1 :J \ 1_ ~"'''~ t ' , i~\ ~~ -" \.\ 'i,'i;\ '\ ~ i "'\~"'\\ \\J ... ,,,n'i? \' '" l\\-' \\ \. \ ~i , \. " /' . .' i ~ , . \ \ ~\\\\\\\\ \"!.1 :i~Q.~% , ~__,\g '! i:,l!l.i":t ()~~Q.= 'E. ~ ',~i; ~ Q) ~~ ----'------ ---1 , ~)> .",0. .~.~ ~" .~ .0 0.0 \ ~-~-- <a ",c c ^ . . 0. o """~ . '"'' o. or ig\ j , ~",\ % 0\ \ ~ \ ~ o~\Vef'1 ~Ol\tir11'~IOI\ . / .5"9 ". 3t\.a.;e'-.C-. .o'tif11'.3 .t\OI\.,.,. . '. _," ._' _____-" "r '. _ .' '\ s"eci_ 't'l3!'t\.'~1\!J - \- .Rl:~':~ , i~\ i~\ \ i~\ "0 ~ .Go.. N ...{) . ~ It \) ~ ~ r - ~ ,-, \' )..i C'';:> () p- L::';'> -fl 0 ..c. c.J" ~ -<1 -::I ~ ~ ,,1 :-1'7"""'\ ;;;.::J P\~;:.o~ ~ 1 I -:In,~ ,.. W "8 ~ \:'~'\l:) -:1 ~,S~:':}I .......".. /:,';'i'~' t:? :\;~ (.,"'1 ~!l c> LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.c. By: Peter E. Meltzer Identification No.: 39828 By: Shilpa Patel Identification No.: 83430 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff W ACHOVIA BANK, N.A. v. CUMBERLAND COUNTY COURT OF COMMON PLEAS DOCKET NO.: 2004-05966 TERRENCE MCBRIDE CERTIFICATE OF ADDRESS AND NON-MILITARY SERVICE The undersigned hereby certifies that, upon infonnation and belief: Terrence McBride is over 21 years of age, has an address at 26 Orange Street, Mount Holly Springs, P A 17065 and is employed at unknown as an unknown. Deponent further avers that, upon infonnation and belief, the above individual is not within the protection of the Soldiers' and Sailors' Civil Relief Act of 1940, together with amendments thereto. J1~~ Shilpa Patel 0 ...., 0 C:.") ~-,:-- C;:;',' 'q Cf'! -" :j! P\ 'n c) I I If:::':: -'::J'.'.:! I ~f;.7 w <.)t-:; .." ;I~ ~:~ --"'~ --c) :l en (.,) '>, C"') 4 c.:::) ,< SHERIFF'S RETURN - REGULAR CASE NO: 2004-05966 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NA VS MCBRIDE TERRENCE BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCBRIDE TERRENCE the DEFENDANT , at 1625:00 HOURS, on the 9th day of December, 2004 at 26 ORANGE STREET MOUNT HOLLY SPRINGS, PA 17065 by handing to TERRENCE MCBRIDE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.44 .00 10.00 .00 32.44 r~ .,,<~~ R. Thomas Kline Sworn and Subscribed to before By: 12/09/2004 PETER MELTZER me this 1~ day of ~~~;::'# ' Deputy LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.c. By: Peter E. Meltzer Identification No.: 39828 By: ShiIpa Patel Identification No.: 83430 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 THIS IS NOT AN ARBITRA nON CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff v. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 2004-05966 W ACHOVIA BANK, N.A. TERRENCE MCBRIDE PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: --i-CUft\~~ Kindly issue a Writ of Execution, in the ahove proceeding, directed to theIMMler County Sheriff: (1 ) against Terrence McBride, Defendant 26 Orange Street Mount Holly Springs, PA 17065-1721 (2) against Members First Federal Credit Union, Garnishee 1166 Walnut Bottom Road Carlisle, PA 17013 (3) Amount Due: Interest from judgment date: Costs to be added: $86,782.87 $ $ LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. Dated: March 21,2005 By: J4~tL W SHILP A A TEL, ESQUIRE (: p, i- (.:) Nt ~ri=- 6'" -.c Q0 ~ .c: ~ ~ () L (\ , [ U ~ ~ ,.--...., ~-lg. >- V) ~ C\ r0 ~. ~ ~ ~lIJ--' J:: ~ --.0 '-'1' '-.J .VI . . . . -0 '-'1 0 lr1 ..c. ~I -C.oco..t:v I \ J I -J r\ - .. , ~r- - ~ ~ - ~ t ~OZ r-J, r-. 1~~~ :2 -',- -""" ::::-~ ni::::: ~~ ::-:,~j$ o :~'!IC) ;;:. . c- :-r,~ ~ i~~~~ (::: r:-? ~:~ ~ ..t_- ~ ~ .... .::. ~ ~ 11 . [ G f .t- (:I ">-.~ jrlr \ t Y WRIT OF EXECUTION andlor ATTACHMENT . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5966 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due W ACHOVIA BANK, N,A., Plaintiff (s) From TERRENCE MCBRIDE, 26 ORANGE STREET, MOUNT HOLLY SPRINGS, PA 17065- 1721 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property ofthe defendant(s) not levied upon in the possession of MEMBERS FIRST FEDERAL CREDIT UNION, GARNISHEE, 1166 WALNUT BOTTOM ROAD, CARLISLE, PA 17013 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gamishee(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 subjectto attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $86,782.87 Interest LL $.50 Atty's Comm % Atty Paid $114,94 Plaintiff Paid Date: MARCH 30, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) prothona n .. ~., n~n C--: ?p--/l/Z<'7'/ Deputy REQUESTING PARTY; Name SHILP A PATEL, ESQillRE Address: LAW OFFICES OF PETER E. MELTZER 1600 LOCUST ST., SillTE 200 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-545-3300 Supreme Court ID No. 83430 SHERIFF'S RETURN - GARNISHEE CASE NO: 2004-05966 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND WACHOVIA BANK NA VS MCBRIDE TERRENCE And now ROBERT BITNER ,Sheriff or Deputy Sheri f of Cumberland County of Pennsylvania, who being duly sworn accord'ng to law, at 0008:26 Hours, on the 7th day of April ,2005, ttached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT MCBRIDE TERRENCE n the hands, possession, or control of the within named Garnishee MEMBERS 1ST FEDERAL CREDIT UNION 1166 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to BRIAN PETERS (MANAGER) personally three copies of interogatories together with 3 tr e and attested copies of the within WRIT OF EXECUTION and ade the contents there of known to His . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 So an~ ,..- - ~ --.t R. Thomas Kline Sheriff of Cumberland ~c County 04/08/2005 Sworn and subscribed to before me this ji day of Jfl~ eX {l-O _ A.D. ~.: ~ ~~_~A> ~. Prothonotary ~.~ LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Shilpa Patel Identification No.: 83430 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 THIS IS NOT AN ARBITRA nON CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff v. CUMBERLAND COUNTY COURT OF COMMON PLEAS DOCKET NO.: 2004-05966 W ACHOVIA BANK, N.A. TERRENCE MCBRIDE PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee listed below discontinued, upon payment of your costs only. Members First Federal Credit Union Dated: June 6, 2005 By: fitPJ1Wj2Qr Peter E. Meltzer, Esquire Attorney for Plaintiff .IQ.. \.:> V"t 7:.J 1\ '0 't ~ ~ ~ ~ r V"\ t.1l :b ~J:- ." Q"\ ....'" ,.., <b.) '".1",..-(" Ci" \\~~\ ~ '<.to "'(.. -,.-'. '-') '~\I}:~I)) (2~<'. ~? .~~ '?i , t.b Wachovia Bank NA VS Terrence McBride Writ of Execution Docket No. 2004-5966 Civil Term P~Lf:C Ur°rC~ QP '!1-f~ Pan't''>..,,~"''~TA~?Y 2Q09 SEP I I ~~ ~~ 47 {{fiit,! ~_, ,t ~, lltY:~t4-! ;ter v i~.: ~,1 1`/~J t T pC~'i~i V~~,.E~rrli~~'! R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned ABANDONDED. No action has been taken in the last six months. Sheriff s Costs: Docketing Surcharge Garnishee Levy Mileage Prothonotary Law Library Poundage So Answers: $18.00 30.00 9.00 20.00 3.70 1.00 .50 1.64 $83.84 / 9/i~16 9 ~..- ~i~Isrrq,~~ ~~~'. R. Thomas Kline, Sheriff BY oa 5,,~--~; Serge t (,o• ~ rJ a"33 ~, ~ 30y`J