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HomeMy WebLinkAbout04-6230MEMBERS I" FEDERAL CREDIT UNION PLAINTIFF Vs. RON WILLIS DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: Oq - CIVIL ACTION-LAW NOTICE TO DEFEND AND CLAIM RIGHTS Ct(>-I, LQ-7ia _?,vj THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE ATTEMPTIING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 MEMBERS t sT FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: RON WILLIS DEFENDANT. : CIVIL ACTION-LAW NOTICIA Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra suya. Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 or 1-800-990-9108 MEMBERS 1 ST FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: v L L ELn RON WILLIS DEFENDANT : CIVIL ACTION COMPLAINT AND NOW, comes Members 1St Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney, Karl M. Ledebohm and makes the following complaint: 1. Plaintiff, Members 1St Federal Credit Union ("Members 1St"), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 2. Ron Willis ("Defendant") is an adult individual having a last known address of 1514 Inverness Drive, Mechanicsburg, PA 17055. 3. On or about January 13, 2000 Defendant executed a Visa Credit Card Application (the "Application") for a Visa Credit Card issued by Plaintiff. A copy of the Application is attached hereto as Exhibit "A" and made part hereof. 4. Plaintiff accepted Defendant's Application and sent to Defendant a Visa Credit Card account #4287-5900-0281-9254 (the "Visa Account") and a Visa Credit Card Agreement and Disclosure Statement (the "Credit Card Agreement and Disclosure") in connection with the Visa Account. A copy of the Credit Card Agreement and Disclosure is attached hereto as Exhibit "B" and made part hereof. 5. Pursuant to the terms and conditions of the Credit Card Agreement and Disclosure, Defendant agreed to pay to Plaintiff monthly installments in an 6. 7 9. 10. II amount of not less than two percent (2.0%) of the outstanding balance on the account or $20.00, whichever is greater, plus interest; and, in the event of default, reasonable attorney's fees and costs incurred for collection. Defendant is in default of Defendant's obligations under the Credit Card Agreement and Disclosure and the corresponding Visa Account as a result of Defendant's failure to make the payments due to Plaintiff as set forth in the Credit Card Agreement and Disclosure, the last payment having been received on July 13, 2004. By letter dated October 25, 2004, addressed to Defendant, Plaintiff demanded the payment of all amounts due under the Credit Card Agreement and Disclosure and the corresponding Visa Account. A copy of Plaintiffs Demand is attached hereto as Exhibit "C" and made part hereof. As of the date hereof, Defendant is indebted to Plaintiff in the amount of TWENTY-ONE THOUSAND NINE HUNDRED FORTY-SIX AND 91/100 DOLLARS ($21,946.91) itemized as follows: a. Principal $19,903.90 b. Finance charges as of 10/19/04 783.01 c. Late fees 60.00 d. Legal Fees 1,200.00 e. Total due to Member 1st as of 12/7/04 $21,946.91 Defendant also agreed under the terms and conditions of the Credit Card Agreement and Disclosure that in the event of default there under Defendant would pay, in addition to the amounts set forth in paragraph 8 above, costs incurred by Plaintiff as a result of the institution of these legal proceedings. Legal fees and costs continue to accrue on the above obligation. As set forth above, Plaintiff has made demand upon Defendant to make payment of all amounts due to Plaintiff under the Visa Account and corresponding Credit Card Agreement and Disclosure and, as of the date hereof, Defendant has failed and refused to make payment of all such amounts due to Plaintiff. WHEREFORE, Plaintiff, Members 1St Federal Credit Union demands judgment against Defendant, Ron Willis, in the amount of TWENTY-ONE THOUSAND NINE HUNDRED FORTY-SIX AND 91/100 DOLLARS ($21,946.91) plus interest at the legal rate after the date of entry of the judgment on this complaint, additional attorney's fees and costs of suit. Respectfully submitted, Date: C 2 . IZ-r 0 arl . Ledebohm, Esq. Supreme Court ID # : 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff VISA CREDIT CARD APPLICATION 00 VSA DO NOT WRITE ABOVE THIS LINE Process # ? NEW APPLICATION ? NAME CHANGE (ONLY) ? APP TIOf ri} ,( ,`?J i(ete-$heVef l Goltl - Members 1s<ACC7.# 4 Q ? i ( I z ` ? OD JOINT APPLICANT JCREASE LIMIT © I ? Platinum S ?-/? ( ? f APPLICANT'S FULL NAME FIRST INITIAL DATE OF BIRTH SOCIAL SECURITY NO. i LAST W `I 1 {-- I _) s '[? ;Zbl\ 1V I 6111 1 b 7 j? /y j?.S V6 4 - 6 V - CU- PRESENT STREET ADDRESS APT* CITY 1 STATE ZIP CODE HOME TELEPHONE NO. HOW LONG AT ADDRESS MOTHER'S MAIDEN NAME AGES OF DEPENDENTS ? US Citizen I ? Resident Alien YRS. Mos ? Non-resident Alien PREVIOUS HOME ADDRESS (IF LESS THAN 3 YEARS AT PRESENT ADDRESS) HOW LONG AT ADDRESS YRS MOS. PRESENT OCCUPATION PRESENT EMPLOYER DATE OF HIRE I GROSS MONTHLY INCOME MO YR. PROVIDE CURRENT PAY STUBS EMPLOYER'S ADDRESS STREET NO. CITY STATE ZIP CODE BUSINESS PHONE NO. PREVIOUS EMPLOYER, OR SCHOOL ATTENDED OCCUPATION PREVIOUS EMPLOYERS OR SCHOOL ADDRESS HOW LONG (IF LESS THAN 5 YEARS) I I YRS MOS. INCOME FROM ALIMONY, CHILD SUPPORT OR SEPARATE MAINTENANCE SOURCE OF OTHER INCOME AMOUNT PAYMENTS NEED NOT BE REVEALED IF YOU DO NOT CHOOSE TO HAVE IT I CONSIDERED AS A BASIS FOR REPAYING THIS OBLIGATION. NAME OF NEAREST RELATIVE NOT LIVING WITH YOU ADDRESS CITY STATE RELATIONSHIP PHONE ARE YOU APPLYING FOR. IF THIS IS AN APPLICATION FOR A JOINT ACCOUNT OR FOR AN INDIVIDUAL ACCOUNT THAT YOU AND ANOTHER PERSON Individual Account ? WILL USE, PLEASE PROVIDE THE FOLLOWING INFORMATION ABOUT THE JOI NT APPLICANT OR AUTHORIZED USER. Joint Account ? Individual Account with Authorized User ? RELATIONSHIP TO APPLICANT (It Any) I Members tm ACCT.# (It Any) I APPLICANT'S FULL NAME I FIRST INITIAL LAST i PRESENT STREET ADDRESS APT# HOME TELEPHONE NO. IHOW LONG AT ADDRESS PREVIOUS HOME ADDRESS (IF LESS THAN 3 YEARS AT PRESENT ADDRESS) PRESENT OCCUPATION 1 PRESENT EMPLOYER EMPLOYER'S ADDRESS STREET NO I CITY DATE OF BIRTH SOCIAL SECURITY NO CITY STATE ZIP CODE f AGES OF DEPENDENTS YRS. MOS. HOW LONG AT ADDRESS YRS. MOs DATE OF HIRE I GROSS MONTHLY INCOME MO. YR PROVIDE CURRENT PAY STUBS STATE ZIP CODE BUSINESS PHONE NO, EXHIBIT A PREVIOUS EMPLOYER, OR SCHCOOL ATTENDED (IF LESS THAN 5 YEARS) INCOME FROM ALIMONY, CHILD SUPPORT OR SEPERATE MAINTENANCE PAYMENTS NEED NOT BE REVEALED IF YOU DO NOT CHOOSE TO HAVE IT CONSIDERED AS A BASIS FOR REPAYING THIS OBLIGATION. NAME OF NEAREST RELATIVE NOT LIVING WITH YOU OCCUPATION I PREVIOUS EMPLOYER'S OR SCHOOL ADDRESS SOURCE OF OTHER INCOME ADDRESS CITY HOW LONG YRS MOs AMOUNT STATE RELATIONSHIP PHONE PROVIDE THE FOLLOWING INFORMATION ABOUT APPLICANT AND JOINT APPLICANT Outstanding obligations and credit references (include charge accounts, installment contracts, credit cards, rent, mortgages, liability to pay alimony, child support, or separate maintenance payments, etc.). Give complete list of all amounts owing. Mortgage Holder or landlord ? Own Mortgage Payment Mortgage Balance Estimated Value of Real Estate ? Rent ? Board Name of Creditor Address CHILD SUPPORT PAID (Include Lot Rent) Name in which Account is carried Account No Monthly Payments Balance Due INSURANCE INFORMATION: Credit Card Chargegard credit protection is available to protect your VISA. A package of coverages include life, disability, and involuntary unemployment protection. ? 1 would like information on the insurance coverage. PLEDGE OF ACCOUNTS: By signing below, you pledge to the credit union and grant the credit union a security interest in the following accounts with Members 1st Federal I Your account number(s) Credit Union (Members 1 st) to secure your Credit Card Agreement. If you list no accounts, you agree to grant to Members 1 st a security interest in all accounts other than those that would lose special tax treatment under state or Federal law if given as security. You authorize us to apply any or all funds on deposit with the credit union to pay amounts due under this agreement should you default. Applicant's signature Date Co-applicant's signature Date By your signature below, you certify to us that all of the information in the above application is true and complete and given for the purpose of securing credit: and that you have no other debts except those listed. You agree that we may conduct such investigations of your credit and character as we deem necessary in order to act on your request for credit. You also agree to be bound by the Members tat Visa Card Holder Agreement. NUMBER OF CARDS DESIRED: ? ONE ? TWO ? THREE ? FOUR CREDIT LIMIT REQUESTED ? Check here if you would like convenience checks. INCREASE CREDIT LIMIT TO ? Check here if you want a Transfer of Balance form mailed to you. PLEASE SIGN APPLICATION BEF RE RETURNING AND PROVIDE VERIFICATION OF INCOME. APPLICANTS SIGNATURE DATE JOINT APPLICANTS SIGNATURE (IF ANY) DATE !!! AUTHORIZED USER'S SIGNATURE (IF ANY) t DATE AUTHORIZED USER'S SIGNATURE (IF ANY) DATE OFFICE USE APPROVAL DATE /- //` 10/ Comments I Conditions Reason Rejected EC DO CH IC AH II CREDIT LINE BRANCH OFF16 Date Ordered ??nL C- INSURANCE I OS I MMCH CPNU 1 ,1 Fier, _ _ _ ? •F? ? VISA Credit Card Agreement and Disclosure Notice See revers! s,de for important mformatior regarding your rights to dispute billing errors I.- Meaning of Words. The Following words have the following meanings in this Agreement and in the monthly billing statement mailer hereunder (a) "Agreement means the Visa Credit Card Agreement and Disclosure furnishes by us of "We'. "Us and "Ours" means Members is Federal Credit Union, Mechanicsburg PA (c) You and "You're" means each person who signs this Agreement (d) Card' means any Visa Credit Cara and any duplicates and renewals we issue to you (e) 'Account means your Visa Credit Card Line of Credit Account with us that contains a record of all purchases and Cash Advances made by you under this agreement (t) "Line of Credit" means the total dollar amount we approve for you against which you may obtain Cash Advances under this Agreement (g) "Advance means any credit extended to you under this Agreement for any purchases or Cash Advances (h) "Cash Advance" means i any credit extended to you from us or from any other institution that accepts the Card (u) any withdrawal of cash made by using your personal identification number ("PINat an automated teller machine ("ATM") or other type of electronic terminal that provides access to the Visa system fit)) the amount of any Visa Convenonce Check paid by us or (IV) balances transferred from another credit card (i) "Visa Convenience Checks means amy check that may be issued by us to you from time to time that directly accesses your Visa Credit Card Line of Credit Account The amount of any Visa Convenience Check paid by us is posted as a Cash Advance under your Account 2 Now To Use This Account: You can purchase or lease goods and services ("purchases' ) from a merchant is to your maximum credit limit by presenting your Card and signing a sales slip lot the amount of the purchase You may also use your Card (a) To obtain Cash Advances up to your maximum credit lime from financial institutions that accep' a Visa Credit Card (b) By use of pre-printed Visa Convenience Checks that we may issue you from time to time, (c) By making withdrawals with your Card at an ATM or other tyoe of electronic terminal that provides access to the Vasa system & Responsibility. It we issue you a Carl you agree to pay all Advances under the Account and Finance Charges arising from the use of the Card a Visa Convenience Check and the Card account For example you are responsible lot charges made by yourself, your spouse and minor children You are also responsible tot charges made by anyone else to whom yoi, give the Card and this responsibility continues until lire Card is recovered You cannot disclaim responsibility by notifying us but we will close the Account for new transactions it you so request when you return all Cards and any issued but unused Visa Co°.vemence Checks Your obligation to pay the Account balance continues even though an agreement divorce decree or other court judgment to which we are not a party, may direct you or one of the other persons responsible to pay the Account If more than one person signs this Agreement you are jointly and severally responsible for all charges or the Account 4. Liability for Unauthorized Use. You understand that your total liability to us shad not exceed Fifty Dollars ($50) per any card transaction resulting from the loss, theft or other unauthorized use of the card that occurs prior to the time you give notice to us Such liability does not apply when a card is used to make an electrum: funds transfer (EFTI or when a Visa Convenience Check is used Ior a purchase payment or Cash Advance S Lost Card Notification: It you believe your Card or any Visa Convenience Check has been lost or stolen you must immediately call us at (717)795-6032 or 1(800)-283-2328 during normal business hours Atier business hours (nights and weekends) or on holidays, lost or stolen Cards must be reported by calling 1(800)-325-3678 & Credit Line: If we approve your application we will establish a self-replenishing Line of Credit for you and notify you of its amount when we issue the Card You agree not to let the Account balance exceed this approved credit line Each payment you make on the Account will restore your credit line by the amount of the payment which is apGied to the pnnapal balance owed on the Account You may request an increase in your credit line which must be approved by a loan othcer By giving you written notice, a loan officer may reduce your credit line from time to time or with good cause revoke your Card and terminate this Agreement Good cause includes your lain to comply with this Agreement, or our adverse feevaluabon of your credit worthiness You may also termi- nate this Agreement at any lime but termination by either of us Goes no' affect your obl gation to pay the Account balance The Card remains our property and you must recover and surrender to us all Cards and any issued but unused Visa Convenience Checks. upon our request and upon termination of this Agreement 7. Credit Information. You authorize us to investigate your credit standing wher opening renewing or reviewing your Account ano you authorize us to disclose information regarding your Account to credit bureaus ano other creditors who inquire of us about your credit standing to the extent authorized by our BYLAWS & Payments. We will mail you a statement every month showing your previous balance comprised of purchases and Cash Advances the current transactions on your Account, the remaining credit available under your credit limit the new balance of purchases and Cash Advances the total new balance Inc Finance Charge due Is date and the minimum payment reunited Each month you must nay at least the minimum payment shown on your statement by the date Specified on the statement or no later than 25 days from the statement closing date whichever is later It your statement says the payment is "Now Due"your payment is due no later Can 25 days from the statement closing date You may pay more frequently, pay more than the minimum payment or pay toe Total New Balance o lull. If you make extra or larger payments. you are still reduced to make at least the minimum payment each month your Account has a balance (other than a credit balance) The minimum payment will be either a) Two percent (2%) of your total New Balance or $20 whichever is greater or bl your total new balance, if it is less than Twenty Dollars (S20) plus c) any portion or the minimum payment shown on prior statement(s) which remain unpaid We also have the right to demand immediate payment of any amount by which you are over your credo limit We will apply your payments first to any tees, then to the FINANCE CHARGES or both Cash Advances and purchases flier, to previously billed purchases, Cash Advances and new purchases in the order they were posted to your Account We may accept checks marked "payment in full" or with words of similar effect without losing any of our rights to collect the full balance of your account with us 4 Finance Charge. A. On purchases, it there is no balance owed on your account at the beginning c: the billing cycle of 1 payments and credits during the billing cycle equal or exceed the balance owed on the account at the beginning of the billing cycle, then no finance charges will be charged to your account for purchases Ior the billing cycle If the lull amount is not paid by the payment due date (not less than 25 days from the date of purchase) finance charges will be insured from the statement date on the average dally balance of previously billed but unpaid purchases and or new pucnases from the dates such new purchases are posted to your account 11 you have our VISA Platinum your account wit' be subject to a Finance Charge (interest) at the periodic rate of 1208% per month (ANNUAL PERCENTAGE RATE of 14 51 on the average dally balances of purchases and Cash Advances It you have our VISA Gold your account will be subject to a Finance Charge (Interest) at the periodic rate of 1 208°e per month (ANNUAL PERCENTAGE RATE of 14 50%) on the average daily balances of purchases and Cash Advances If you have our VISA Classic your account will be subject to a Finance Charge (interest) at the periodic rate of 1250% per month (ANNUAL PERCENTAGE RATE of 15 00%) on the average dairy balances of purchases and Cash Advances If you nave our VISA Classic Rate Snaver. yopr account will be subject to a Finance Charge (interest) at the periodic rate of 958% per month (ANNUAL PERCENTAGE RATE of 1150%) on the average daily balances of purchases and Cash Advances The above disclosures were accurate as of the date they were printed and all terms are subject to -hange The applicant/member should contact the card issuer (Members 1st) tot any changes in the information disclosed For changes or further information cal 11-800-283-2328 B. Variable Rate: The finance charge will be determined by adding the margin to tie index value The Annual Percentage Rate can change on the first calendar day of the first cycle in each calendar quarter The margin for Visa Platinum is 5 00% for both pur- chases and Cash Advances The margm tot Visa Gold is 5 00°o for oath ourchases and Cash Advances The margin for Visa Classic is 5 50% for both purchases and Cash Advances The margin for Visa Classic Rate Shaver is 21 for both purchases and Cash Advances subject to a floor o' 9 9'r, for the Visa Casso Rate Stever p,ocra-, The index is the highest Prime Rate published in the Wall Street Journal The index will be measured as of the last business day of the previous month Any increase in the Annual Percentage Rate will cause the amount of the minimum monthly payment to increase The Annual Percentage Rate will never exceed 21% or the maximum allowed by law, whichever is less C. Method A - Average Daily Balance (including New Credit Purchases): A Finance Charge will be imposed on Cash. Advances from the date made or from the first day of the billing cycle ir, which the Cash Advance is posted to your account whichever is later. and will cor lmue to accrue until the date of payment A Finance Charge will be imposed on Credit Purchases Irom ;he date the Credit Purchase is posted to your account and will continue to accrie until the date of payment it Method A applies to purchases The Finance Charge for a billing cycle is computed by applying the monthly Periodic Rate to the average daily balance which is determined by dividing the sum of the daily balances during the billing cycle by the number of days in the cycle Each daily bal- ance is determined by adding to the Previous Balance fide Dutstanding balance o' your accoun* a* the beginning of tie billing cycle) any new Cash Advances received and any new Credit Purchases posted to your account and subtracting any payments as received or credits as posted to your account but excluding any unpaid Finance Charges IL Method G - Average Daily Balance (including New Credit Purchases): A Finance Charge will be creased on Credit Purchases only if you elect not to pay the entire New Balance of purchases shown on your monthly statement for the previous billing cycle within 25 days from the closing date of that statement I' you elect not to pay the eili e New Balance or purchases shown on your previous monthly statement within the 25-day period a Finance Charge will be imposed on the unpaid average daily balance of such Credit Purchases from the previous statement closing date and on new Credit Purchases from fire date of posting to your account during the current billing cycle and well continue to accrue until the closing date of the billing cycle pre- ceding the date on which the entire New Balance of purchases is paid in fuh o' until the date c' payment if more the, 25 days from the closing date The Finance Charge far a billing cycle is computed by apdiyind the monthly Periodic Rate to the average dairy balance of Credit Purchases which is determined by dividing the sum of the daily balances during the billing cycle by the number of days in the cycle Each daily balance of Credit Purchases is determined by acding Id tie outstanding unpaid balance o; Credit Purchases at the beginning of tie billing cycle any new Credit Purchases ocsteo tic you, account, and subtracting any payment as received and credits as posted to your account but excluding any ,,paid Finance Charges It this method G also applies to Cash Advances a Finance Charge will be imposed on Cash Advances from the date of lire Cash Advance or from the first day of the billing cycle in which the Cash Advance is posted to your account whichever is later, and will otherwise be calculated it the same manner as explained above ter Credit Purchases Print Date "11 /01!00 CONRN!'ED ON REVERSE EXHIBIT B 10. Default. You will be m default d you fah to make any m i r i muon payment or other requ i red payment by the date In at d is due Ydu wt l' de n default ,f voc break any prom se you make vraer Ns Agreemert You vi Ii be in default it you die. file for bankruptcy or became insolvent Shat is, unable to pay your obligations when they become due You will he in default if you make any false or misleading statements -n any credit application or update of credit information You will also be in default rf something hap- pens which we believe may substantially reduce your 3bndy to repay what you owe When you are in default we can demand immediate payment of the enure amount you owe under this Agreement without giving you advance notice. If immediate payment is demanded you Nit continue to pay interest at the applicable interest rates in effect under this Agreement until what you owe has been repaid It demand rot immediate payment has been made the shares and deposits given as security for payment under this Agreement can be applied towards what you owe We can also takZ approonate action as authorized under the Uniform Commercial Code to repossess any and all collateral pledged to secure repayment under this Agreement To the extent permitted by law you will also be required to pay our collection expenses, including court costs anb reasonable attorneys fees We can also exercise any other rig's given by law when you are in default 11. Using the Card. You may use the actual Card Card Account number and/or PIN to make transactions You will retain the copies of the transaction s,T.1 !urnished to you in order to verity your monthly statement You agree that you will not use your card 'or any transaction that is illegal under applicable federal state or local law 12. Returns and Adjustments- Merchants and others who honor the Card may give credit or returns or adjustments, and they will do so by sending us a credit slip which we will post to your Account If your credits and payments exceed what you owe us, we will hold and apply this credit balance toward future purchases and Cash Advances, or if 4 is one dollar or more, refund it on your written request or auamatically after six months 13. Using Visa Convenience Checks. You may use your Visa Convenience Checks, it available as you would use your Card to bbtam a Cash Advance if to make a purchase or payment Your Visa Convenience Checks directly access your Account All purchases payments and Advances made with a Visa Convenience Check and paid by us are treated as Cash Advances hereunder and, except as otherwise indicated, are subject to all terms of this Agreement pertaining to Cash Advances and to the following additional terms A No Visa Convenience Check may be used to make a payment on your Account B Only the person whose name appears on a visa Convenience Check may use them C Visa Convenience Checks must be written in U S Dollars Visa Convenience Checks may not be certified D We may return a Visa Convenience Check unpaid it there is not enough available credit on your Account to pay it it your Account is in default or it your Card or any Visa Convenience Checks have been reported lost or stolen A $10 fee will be charged for each returned Visa Convenience Check 14. Foreign Transactions. Purchases and Cash Advances made in foreign countries and foreign currencies will be billed in U S Dollars The conversion rate to dollars will be at (i) the wholesale market rate or (n) the government mandated rate, whichever ?s applicable in effect one day prior to the processing date. increased by one-percent On foreign transactions you agree to pay all currency exchange charges 15. Merchant Disputes. We are not responsible for the refusal of any merchant or financial institution to honor your Card or Visa Convenience Checks Except with respect to purchases made with a Visa Convenience Check, we are subject to claims and defenses (other than told claims) arising out of goods or services you purchase with the Card only if you have made a good faith attempt, but have been unable to obtain satisfaction from the merchant, and (al your purchase was made in response to an advedisement we sent or participated in sending to you or (b) your purchase cost more than Fifty Dollars ($50) and was made from a merchant in your slate or within one hundred (100) miles of your home Any other disputes you must resolve directly with such merchant 16. Security Interest. To secure your account, you grant us a purchase money security interest under the Uniform Commercial Code in any goods you purchase through the account If you default, we will have the right to recover any of these goods which have not been paid for through our application of your payments in the manner described in paragraph 10 Pledge of Share Account(s) - NOTE: You pledge to us and grant a security interest in all joint and individual accounts you have with Members 1nt Federal Credit Union now and in the future, except shares In Individual Retirement Accounts and accounts where the pledge or transfer of which would cause the loss of a tax-exempt or tax-deferred status, to secure your credit card account. You authorize as to apply the balance in than societal to pay any amounts due under this agreement if you should default. 17. Fees and Other Charges. The following fees and other charges will be added to your Account. as applicable A Annual Fee Visa Platinum None Visa Gold None Visa Classic ..None Visa Class;. Rate Shaver None Visa Convenience Check None 6 Late Payment Charges If you fail to pay the minimum payment on your Account within five (5) days of the disclosed due date, a late payment charge of $20 will be added to your Account C Over-Limit Charge It your balance exceeds /our established credit limit at any time during the statement period, an over-limit charge of $10 wid ce added to your Account 0 Dormant Account Fee If you do not have any financial activity on your account for a Denod of 24 months a dormant account fee of $25 FINANCE CHARGE will be added to your Account. B Returned Check Fee. If a check or share draft used to make a payment on your Account is returned unpaid because A insufficient funds therefore c, or any other reason, you will be charged a fee or $10 for each item returned F Returned Statement Fee You will be charged $1 for each statement that is returned G Copies of Visa Vouchers and Statements You will be charged $3 for copies of Sales Drafts. Credit Vouchers Cash Advance Vouchers and photo =ecies of your Visa Statements 18. Skip Payment Option. We may allow you from ume to time to omit a monthly payment We will notify you as to any month in which the option is avaiiable It you omit a payment, FINANCE CHARGES and insurance premiums, it any, will accrue on your balance in accordance with this Agreement A slop payment does not extend the period wtlhm which you must pay the New Balance Total in order to c; moictely avoid FINANCE CHARGES on purchases A minimum payment will be due in the month follow- ing the month in which you skip your payment 19. Effective Agreement. This Agreement is a contract which applies to all transactions on your Account. even though the sales, Cash Advances, credts 3r other slips you sign or receive, may contain different terms We may amend this Agreement from time to time by sending you advance written notice as required by law Your use of the Card or Visa Convenience Check. thereafter will indicate your agreement to any such amendment To the extent the law perioi and as we indicate in our notice to you, amend- ments Nil( apply to your existing Account balance as well as to future transactions This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania and relevant Federal Laws YOUR BILLING RIGHTS KEEP THIS FOR YOUR RECORDS This notice contains important information about your rights and our responsibilities antler the Fair Credit Biding Act NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR LOAN ACCOUNT STATEMENT If you think your statement is wrong, or it you need more information about a transaction on your statement, write us on a separate sheet of paper at the address listed on your statement Write to us as soon as possible We must hear from you no later than 60 days after we send you the lust statement on which the error or problem appeared You can telephone us but doing so will not preserve your rights In your letter give us the following information • Your name and Account number • The dollar amount of the suspected error • Describe the error and explain, it you can, why you believe there is an error II you need more information describe the item you are not sure aodu • It the amount an the statement does not correspond to the amount of your sales slip or you have not received the proper credit on your statement nor merchandise returned, a copy of the sales slip must accompany your letter If you have authorized us to pay your Account automatically from your Savings or Checking Account. you can stop the payment on any amount you think is wrong To stop the payment your letter must reach us three (3) business days before the automatic payment is scheduled to occur YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE We must acknowledge your letter within 30 days, unless we have corrected the error by then Within 90 days we must either correct 'he error or explain why we believe the statement was correct After we receive your letter. we cannot try to collect any amount you question, or report you as delinquent We can continue to send statements to you for the amount you question including Finance Charges, and we can apply any unpaid amount against your credit limit You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your statement that are not in question If we find [hat we made a mistake on your statement, you will not have to pay any Finance Charges related to any questioned amount If we dtdn I make a mistake, you may have to pay finance charges and you will have to make up any missed cayments on the questioned amount In either case, we will send you a statement of the amount you owe and the date that it is due If you fad to pay the amount that we think you owe, we may report you as delinquent However, it our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your statement And, we must tell you the name of anyone we reported you to We must tell anyone we report you to that she matter has been settled between us when it finally is SPECIAL RULE FOR CREDIT CARD PURCHASES If you have a problem with the quality of properly or services that you purchased with a credit card, and you have tried in good faith to correct the problem Ntn the merchant, you may have the right not to pay the remaining amount due on the property or services There are two limitations on this right (a) you must nave made the purchase in your home state or, it not within your home state, within 100 miles of your m,rent mailing address. and (b) the purchase price must have been more than $50 These bmdahons do not apply d the credit card issuer owns or operates the merchant, or mailed you the advertisement for the property or services KARL M. LEDEBOHM ATTORNEY-AT LAW P.O. BOX 173 New Cumberland, PA 17070-0173 Phone: 717-938-6929 Fax: 717-932-0317 October 25, 2004 (Via Certified and regular mail) Mr. Ron Willis 1514 Inverness Drive Mechanicsburg, PA 17050 RE. Members I" Visa Account No.: 4287 5900 0281 9254 Dear Mr. Willis THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE FROM THIS OFFICE IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. AN IMPORTANT STATEMENT OF RIGHTS IS INCLUDED ON THE REVERSE OF THE SECOND PAGE OF THIS LETTER. Members 1st Federal Credit Union ("Members 1St") has requested my office to collect the amounts due to Member's 1st under the above account. As you know, you are in default of your obligations under the above Members 1st Visa Account (the "Account") due to your failure to make the payments required under the Account in a timely manner. The last payment on the Account was received by Members 1st on or about July 13, 2004. As a result of your defaults, Members 1st hereby accelerates all amounts due to Members 1st under the Account and hereby demands the payment of all amounts due to Members 1st under the Account in the amount of $20,861.91 itemized as follows: 1 Principal $19,903.90 2. unpaid finance charge 783.01 3. unpaid late fee 60.00 4. Legal Fees 115.00 5 Total due to Member 1st as of 10/19/04 $20,861.91 If you fail to deliver to my office at the address set forth above payment of the $20,861 91 within thirty (30) days of the date of this letter, Members 1st will have no EXHIBIT C October 25, 2004 Page 2 choice but to file a legal action against you to collect all of the amounts due under the Account without further notice. In such event, in addition to the above amounts, you may also be responsible for the payment of additional reasonable legal fees and costs of suit incurred by Members 1St Nothing herein shall constitute or be construed as an agreement on behalf of Members 1St to accept any terms and conditions in exchange for payment of the amounts due under the Account except for the immediate payment of all amounts due to Members 1St . Nothing herein shall constitute a waiver of any rights or remedies which Members 1St may have under any written agreement or at law or in equity to collect the balance of the indebtedness due under the Account without further notice, including, without limitation, the right to accept and apply any partial payments made on the Account without waiver of any demand for payment in full of all amounts due under the Account. Nothing herein shall constitute an agreement on behalf of Members 1 St to postpone or extend the maturity date of the obligation. Members 1St looks forward to the payment of the $20,861.91 . Very truly yours, Karl M. Ledebohm CC: David Thomas, Collections Officer NOTICE This letter is an attempt to collect a debt. It you dispute the validity of this debt, or any portion thereof, and you contact the undersigned within thirty (30) days after receipt of this Notice, you will be furnished with written verification of the debt, provided, that if a lawsuit has been filed against you to collect this debt before the expiration of the thirty (30) days, the complaint filed in said lawsuit will constitute written verification of the debt. If you do not dispute the debt or any portion thereof as stated above, the undersigned will assume the debt is valid. If the original creditor of this debt is different from the creditor stated on the front page of this letter, the undersigned will provide you with the name and address of the original creditor upon written request from you within thirty (30) days of receipt of this notice. The undersigned means the name signed at the end of this letter appearing in print at the top of this letter. ¦ Complete Items 1, 2, and 3. Also complete item 4 H Restricted Delivery is desired. ??? ? ?? gent dr ¦ Print your name and address on the reverse M JE=.G? .?? d?ressee so that we can return the card to you. ¦ Attach this card to the back of the mallplece, 4,tvr b (P, ) 7 I C. Data of Delivery or on the front If space permits. LL """ - Is delivery address different item 1? 0 Yes .. 1. Article Addressed to: N YES, enter delivery address t?efow: ? No W1 15iq In ye-r-ness ()r 1 eµ 1 t S u( 1" 3. Service Tye 50erttfled Mail 0 Express Mali 0 Registered Return Receipt for Merchandise 0 Insured Mall CJ C.O.D. 4. Restricted Delivery/? P(tra Fee) 0 Yes 2. Article Number 7003 0500 0001, 6564 8124 (r mrrs (Tiansfer.Irom service „ P Fotm 3811; August iZbO l rries ic?Rbttu`m R&Oipt' 1102595-02444540 Postal CERTIFIED MAILT. ¦ ? . p - I I ? 1 ? • / I r3 ? I CO Q•li• ? l1 Lacl I LLt•] ? uY Ilt•L\7N91 (•U 1 •YLa:?ii ??t\'; P; ?'.'A? kl!kfl•[•11 ? w, Ln .A Postage $ $0-37 i<2.30 0079 T-1 Certified Fee C3 01 - . .- ' Pos[mazk - 0 ?? 0 Return Reciept Fee ?'. Here„--- i (Endorsement Required) 0 Restricted Delivery Fee fQ.? L7 (Endorsement Required) I - r :. !' Ln $4.42 C3 $ i41b1?2wT04 -_. \ rl Total Postage 6 Fees . ? ? . M d Sent To ? t ; [? Street, Apt. No.; ` or PD Box No. 17 i T-------------------- ---------- 1 (? _?------ --------------- City, Stete, 1P+4 it I ( f f ?A ['71 L VERMCATION 1, David Ihomas, Collections Officer for Members V Federal Credit Union, being authorized to do so on behalf of Members I' Federal Credit Union, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. 1 understand that false statements are made subject to the penalties of 18 Fa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Members 1 -4 Federal Credit Union B00,10 1_?-Z'4? David Thomas, Collections Officer -,• Yl rt ) al A SHERIFF'S RETURN - NOT SERVED CASE NO: 2004-06230 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS WILLIS RON R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: WILLIS RON but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT WILLIS RON NOT SERVED , as to 1514 INVERNESS DRIVE MECHANICSBURG, PA 17055 SERVICE STOPPED, PER FAX FROM ATTORNEY. r r.. Sheriff's Costs: So answers;"..- _- Docketing 18.00 Service .00?: Affidavit .00 /R.'-Thomas Kline,,,--' Surcharge 10.00 Sheriff of Cumberland County .00 28.00 KARL LEDEBOHM 12/20/2004 Sworn and subscribed to before me 61 this le - day o A. D. _ Prothonotary Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor d'4 - 1,.Z340 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573