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HomeMy WebLinkAbout05-1114BELCO COMMUNITY CREDIT UNION Plaintiff VS. JAMES E. ORRIS, JR. Defendant : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA C IVIL ACTION-LAW ?T NO: N O T I C E 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 or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 N 0 T I C I A Le han demandado a usted en la corte. Si usted quiere 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 1a notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso c notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 BELCO COMMUNITY CREDIT UNION COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff n NO. oS- /IIy l?lU?? JAMES E. ORRIS, JR. CIVIL ACTION - LAW Defendant COMPLAINT 1. Plaintiff is Belco Federal Credit Union, hereinafter referred to as "BELCO", a Pennsylvania Corporation with an office at 403 N. 2nd Street, Harrisburg, Dauphin County, Pennsylvania 17108. 2. James E. Orris, Jr. a Defendant, is an adult individual with an address at 192 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Defendant applied for a Signature loan from Plaintiff pursuant to the Application dated October 15, 2001 which is available but not attached because it contains social security numbers and other personal information. 4. Defendant's delinquent balance on the account is $11,034.61. 5. Because of Defendant's failure to make monthly payments and in accordance with the standard Security Agreement, a copy which is attached hereto, marked Exhibit "A" and made part hereof, Defendant owes an attorney commission of $1655.19 for a total of $12,689.80. 6. Defendant has failed and refused to bring his account current. 7. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. WHEREFORE, Plaintiff requests entry of judgment against Defendants in the amount of $12,689.80 together with costs of suit thereon. Respectfully, Submitted, Date: ,,a- N A A, - V? & Arthur M. Feld, Esquire Attorney I.D. No. 07172 1309 Bridge Street New Cumberland, PA 17070 (717)770-0292 In this agreement all-references io 'credit unien".mean the credit union whose name appears on this agreement and anyone to whmn the credit union assigns the LOANUNERY Credit Agreement. All references to "the advance" mean the amount in the box labeled "New Balance''. All references to ''you'' mean each person who signs this agreement. - THE SECURITY FOR THE LOAN By signing this security agreement in the signature area or under the statement referring to this agreement which is on - the,back ofthe check you receive far the advanco you. give the credit. union what is known as a security, interest in the.. property described in the "Security Offered" section The security Interest -YOUglve;mcludes all accessions. Accessions are things which, are attached to or installed in the property now or in the future. The security interest also includes any replacements for the property which you buy within 10 days of the advance or any extensions, renewals or refinancing of the -advance It also includes any money you receive from - selling the property or from insurance you have on thepropeltg. If the value . - of the property declines, you promise to give the credit union more property. as security if asked to do so "- WHAT THE SECURITY INTEREST COVERS-The seeunty interest seaurka the - advance and any extensions, renewals or refinancings of the advance. It also secures any other advances you have now or receive in. the future under the LOANLINER's Credit Agreement and any other amounts you owe the credit union for any reason now or in the future. If the property description is marked with two stars (-), Or the property a household goods as defined by the Credit Practice Rule, theproperty _will . secure only the advance and flat other amounts youowa_>:. OWNERSHIP OF THE PROPERTY - You promise that you own the property, or if this advance.is to buy the property, you promise you will use the advance for that purpose. You promise that no one else has any interest in or claim against the property that you have not already told the credit union about. You promise-riot to sell or lease the property or to use it as security for a Joan with - another creditor until the advance is repaid. You promise you will allow no security Interest or lien to attach to the property either by your actions or by operation of law. PRnrccTlur. TRIP ccrNVITV INTCOCCT If the tale, The credit -union may have to file what is called a financing statement. to prompt its security interest from the claims of others. It asked to do so, you promise to sign a financing statement. You also promise to do whatever else the credit union thinks is necessary to protect its security interest in the property. USE OF PROPERTY - Until the advance has been paid off, you prommpe you will, it) Use tile property caremity and 'Keep it in good-repair (2) Obtain Written permission from the credit union before making major changes to the propery, (3) Inform the credit union in writing before changing your address or the address where the property is kept. (4) Allow the credit union to inspect the pd;O:? j'y- (5) Promptly notify the credit union if the property is damaged Staten or-a47e? (6) Nor use the property for any unlawful purpose. PROPERTY INSURANCE, TAXES AND FEES - You promise to pay atillaxes and tees (like registration fees) due on the -"property and to keep the pTtipe`rty insured against loss and. damage. The amount and coviarage of'the PoriFly; insurance must be acceptable to the credit union. You may provide the property insurance through a policy you already have, or through a policy you get and pay for. You promise to make the. insurance policy payable to the credit union and to deliver the policy or proof of It you cancel your insurance and get a refund, the union has a nght to `life "refund, If the p?pErry rss 7nat or d'amage'd h2 c`Ye?T un[bn can use the insurance, settlement to repair the property or apply it towards what you owe. You authorize the credit union to asorse any draft or check which may be payable to you in order fortIbrdedlt union to cpltect any refund or benefits due under your insurance policy. - Ifyoudo not pay the taxes crises on the property when due or keep Itinsureou the credit union may pay these obligations, but is not required to do so. Any money the credit union spends for taxes, fees or insurance wilt be added to the unpaid balance of the advance and you wllhpaylnterest on f}iose amodn7s at the same rate you agreed to pay on the advance. If the credit union adds amounts fur taxes,. fees,. or. insurance. to the unpaid balance of-your advance, your-paym rds may be increased by the amount necessary for the advance to be paid off in the same number of months originally scheduled. DEFAULT- You will be in default if you break any.proinite you. make under tole yreetneni. YOU Will also be'in. defouftvuf yi are'7n de%ult*under the COANUNERa Credit Agreement. l( you are pledging property, buthave 'not signed the LOANLINERs Credit Agreement, you will be in default if anyone is in default who has signed the LOANLINER" Credit Agreement. WHAT HAPPENS IF YOU ARE IN DEFAULT - When you are in default, the credit union can, without advance notice to you, require immediate payment of what you owe under the LOANLINER© Credit Agreement and take. possession cf the pmperty Youiagted the credit union has the right to, take pbsse$sipn Of toe property withnutgodi to court and without giving you,ac3vancaRpfide: If you are asked to do so by the credit union, you promise to deliver the property at a time and place the credit union chooses. The credit union will not. be responsible for any of your other property, not covered by this agreement, that you leave inside the property. The credit union will try to return that property to you or make it available for you to claim I-. After the creel t unran has possession of the property It part SO it and apply the money received to any amounts. you owe the 'credit union-.The credit union will dive you notice of ads public sale or the dale after which a-nrivate. -Ards nn the property will be deducted from the money received frond'the sale. Those costa may include the cost of storing the property, preparing it for sale and attorney's fees to the extent permitted under state law or awarded under §506(m of the Bankruptcy Code. The rest of the sap; money. will be applied to what you owe under the LOANLINERv Credit Agreement. If you have agreed to pay the advance, you will also have to pay any amount that remains unpaid after the sale money has been applied to the°unpaidbalance of the driver, ce and. to what you owe under this agreematft Yo id agree to pay interest on that amount at the same rate as the advance until that amount has been said. - - DELAY IN ENFORCING RIGHTS AND CHANGES IN THE AGREEIv1ENT`` " TFip credit unien can delay enfo,aog anyof-liar rights under this agreement anynaTheir of Dines wnhout losing the ability to exercise its rights later. The credit union can enforce this agreement against your heirs or legal representatives If the credit union changes the terms of the LOANLINEW Credit Agreement, you agree that this, agreement will "continue to protect the credit union. CONTINUED EFFECTIVENESS- If any part of this agreement IS determined by a court to be unenforceable, the rest will remain in effect. NOTICE: If you do not purchase the insurance required on the automobile NOTICE. THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUB- and the crer itmnion purchases the Insurance, the insmance;pwuhased JECT TO. REPOSSESSION, IF IT IS REPOSSESSED AND SOLD TO SOMEONE by the credit union will cover only the credit unions interest in the property ELSE, AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT The insurance will not be liability. insurance - You have read the above statement and acknowledge that the credit union' RECEIVED IN THAT 'SALE, YOU'RAY-HAVE T6-PAY°'FHFDlFFtRPNCEY` has explalined it" to you. - slGraaruR£ DATE X THE PROPERTY DESCRIPTION ON THE REVERSEISIDE siGNATOPE - DATE - - ISI PART OF HIS'AGREEMEIW X NOTICE: SIGN THIS AGREEMENT ON THE REVERSE SIDE. DO NOT WRITE BELOW - FOR CREDIT-?NIDN NSF nN1 V rRcru AoPI Ir'na-F wnvlrc,- - .. i'.??: APPROVED $ $.. $ $ .LIMITS.. ^ DATE SIGNATURE -- LINE OF CREDIT - -- DTHER -- -- - OTHER - - - DEBT RATIO " ?LOAN OFFICER ADVANCE APPROVED. DYES LINO ?COUNTER OF FER WIL L BE MADE, IF ACCEPTED, ADVANCE APPROVED ?CRE61T COMMITTEE OR OTHER - OUTSIDE I NFORMATION CONSOCERED' 0 VES-u NO IF YES; ATTACH ADDITIONAL SHEET AND DESCRIBE- . REFERREDT0,15EASON(S) -FOR REFERRAL'.:-. DESCRIBE COUNTER OFFER SPECIFIC REASON(S) FOP DEJECTION.. `xhl ?)? SIGNATURES: .. BATE.... . -DATE. ?LOAN OFFICER X OCREDIT-COMMlTTEE X -` - DATE X pgTr .. ? ECOA NOTICE AND REASON FOR REJECTION SENT OR DELIVERED ON (DATE) BY ON171ALSI bCUNA MUiU0.l INSURANCE SeCIHY, 1980 82 - 84. Bfi, 09 90 ALL e!GNTS RESENVFp VERIFICATION Helen Lorwey states subject to the penalties of 18 Pa C.S.Section 4904 relating to unsworn falsification to authorities, that he/she is the Loss Prevention Specialist for the Plaintiff in this matter, that he/she is authorized to make this affidavit on its behalf and that the facts set forth in the foregoing pleading is true and correct to the best of his/her knowledge, information and belief. ?j , ? 11 U( s ? W U a (7 r > ?t ? Tm ? 7a ? Ae.-- .n - to n x ?5 BELCO COMMUNITY CREDIT UNION COURT OF COMMONS PLEAS OF CUMBERLAND COUNTY, PENNSY VANIA Plaintiff . NO.: 2005-1114 JAMES E. ORRIS, JR. Defendant CIVIL ACTION - LAW PRAECIPE TO REINSTATE Would you please reinstate the Complaint against the Def ndant in the above captioned matter. Defendant resides at 365 Plea ant View Road, Lot 21, Etters, Pennsylvania. To Prothonotary Date: March 21, 2005 Arthur M. Feld 1309 Bridge Streef17070 New Cumberland, PID# 07172 ?CYi q ?-? _ ? r' 1.:.. .? ZJ -'S1 ?i 3 . ?•C ? ?(? J 'i? Curtis R. Long Prothonotary Office of the Protbonotarp eumberianb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 0..S - /I Ly CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 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) 2411-657l