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HomeMy WebLinkAbout05-5482MEMBERS 11T FEDERAL CREDIT UNION PLAINTIFF Vs. AMY D. COLEMAN DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: D S - S"4Pk CIVIL ACTION - LAW NOTICE TO DEFEND AND CLAIM RIGHTS THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE ATTEMPTHNG 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 IsT FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PLAINTIFF PENNSYLVANIA Vs. : NO.: AMY D. COLEMAN 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 ]a 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 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. AMY D. COLEMAN DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: Ds -_50 CIVIL ACTION-LAW COMPLAINT LtvLl l AND NOW, comes Members I" Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and makes the following complaint: 1. Plaintiff, Members 15t Federal Credit Union ("Members 1 Sr), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 2. Amy D. Coleman ("Defendant'), is an adult individual having a last known address of 6180 Kerrick Drive, La Plata, MD 20646. 3. On or about November 22, 1999, Defendant borrowed from and agreed to repay to Members 1St THIRTY-THREE THOUSAND FOUR HUNDRED EINGT AND 281100 ($33,408.28) dollars (the "Loan"). The Loan is evidenced by a Closed-End Note, Disclosure, Loan and Security Agreements dated November 22, 1999 (the "Note") executed and delivered to Members 1St by Defendant in Cumberland County, Pennsylvania. A copy of the Note is attached hereto as Exhibit "A" and made part hereof. 1 4. The Note has never been assigned by Members I" and is still held by it as a valid and subsisting obligation of Defendant. Pursuant to the terms and conditions of the Note, Defendant agreed to pay to Members 1 st bi-weekly installments of principal and interest in the amount of at least $281.95 each beginning on January 7, 2000 and continuing every two weeks thereafter. 6. Defendant is in default of Defendant's obligations under the Note as a result of Defendant's failure to make the payments due to Plaintiff as set forth in the Note. By letter dated September 9, 2005, addressed to Defendant, Members 1 st exercised its rights under the Note and accelerated all amounts due under the Note and demanded the payment of all amounts due under the Note. A copy of Plaintiff's Demand is attached hereto as Exhibit "B" and made part hereof. 8. As of October 18, 2005, Defendant is indebted to Members 15' in the amount of SIX THOUSAND THREE HUNDRED SEVENTY-SIX AND 98/100 ($6,376.98) dollars itemized as follows: a. Outstanding principal $5,165.92 b. Interest to October 18, 2005 151.06 c. Attorney's fees 1,060.00 e. Total due to Members 1st as of October 18, 2005 $6,376.98 Legal fees are estimated in accordance with the terms and conditions of the Note. Defendant will owe to Members 151 its actual reasonable legal fees as of the date of payment of all amounts due under the Note subject to any limitation set forth in the Note. 9. Defendant also agreed under the terms and conditions of the Note that in the Respectfully submitted, event of default there under Defendant would pay, in addition to the amounts set forth in paragraph 8 above, costs incurred by Members 1 st as a result of the institution of these legal proceeding. 10. Defendant is also responsible for the payment of interest from October 18, 2005 at the rate of $.9610 per day. 11. As set forth above, Members 1 s` has made demand upon Defendant to make payment of all amounts due to Members 1 s` under the Note and, as of the date hereof, Defendant has failed and refused to make payment of all such amounts due to Members 1 g`. WHEREFORE, Plaintiff, Members Is` Federal Credit Union, demands judgment against Amy D. Coleman in the amount of SIX THOUSAND THREE HUNDRED SEVENTY-SIX AND 98/100 ($6,376.98) dollars plus interest at the rate of $.9610 per day from October 18, 2005 through the date of judgment entered on this complaint and at the legal rate thereafter and costs of suit. Dated: October 18, 2005 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff Supreme Court ID # : 59012 P.O. Box 173 CLOSED-END NOTE, DISCLOSURE, LOAN AND SECURITY AGREEMENTS IAI Members FEDERAL CREDIT UNION 5000 Louise Drive " P.O. Box 40 Mechanicsburg, PA 17055 30CIAL SECURITY NUMBER AA60430 11--E2-99 6.71400 is 04.0 DEBTOR'S NAME AND ADDRESS 38 N 5TH STREET HARRISFURG, F'A 17110 ACCOUNT NUMBER 159613,--1211 -01 DO-DEBTOR's NAME 1AIC FIXED VARIABLE 06-17--05 _X_ PREFERRED ANNUAL PERCENTAGE FINANCE CHARGE: Amount Financed: The Total of Payments: The e" means estimate 11 RATE: The cost of your The dollar amount the credit amount of credit provided to you or on your behalf. amount you will have paid after you have made all Prepayment: If you pay off early, you will not have to pay a penalty. credit as a yearly rate. will cost you. payments as scheduled. See your contract documents for any additional information about nonpayment. default, any required repayment in full r7 Jr 0 $ 31..00, c:] $ 44121 318. 855 before the scheduled date and prepayment refunds and penalties. 6. 7900 % . $ 69 1 Variable More: The Annual Percentage Rate may increase during the term of this transaction it the (Index) changes. We add a margin of N/A to the Index value. The rate will change monthly on the first day of the month. The rate will never be higher than the Ix) x A maximum rate allowed by law, and it will never be less than Any interest rate increases will result in more payments of the same amount. For Example, if your loan was for $5,000 at 15% for 48 months and the Annual Percentage Rate increased by 2% after one year, the term of your loan would increase by two months. Number of Payments Amount of Payments When Payments Are Due Property Insurance: You may obtain property insurance II, Your 1 4 t!3 1 r_, r•=r e, I- j, - W e e li J, y R e 17 'i. rI 0 J. --171 r --00 from anyone you want that is acceptable to the credit Payment = r union. If you get the insurance from the credit union you schedules cp1.9`,e Final dl..te 06--17-05 will pay will be: r' N/A Security: Collateral securing other loans with the credit union the goods or will also secure this loan. You are giving a security interest in property being Other your shares and/or deposit in the credit union, and. purchased. (Describe): AU 0 Late Charge: If a payment is late by 10 days or Required Deposit Balance: The Annual Filing Fees: Non-Filing Insurance: more, you will be charged a late fee of 5% of your Percentage Rate does not take into account your n /a N/A scheduled payment. required deposit balance. $ $ I I Ovum I4"IN ur I nc MIVIuuIV I r11VNIVUMU SENT FINANCED OF AMOUNT GIVEN TO you DIRECTLY AMOUNT PAID ON YOUR ACCOUNT PREPAID FINANCE CHP 3408. 28 g x3403. c' $ n/a $ n/a Amount Paid to $ n/a TcCi- edit; J.TI£I-tr•anc.e $n/a To Others on $ n/a ToEnc Fee $ To Your Behalf $ To $ n/a To NOTE AND SECURITY AGREEMENT (CONTINUED ON REVERSE SIDE) The following paragraph applies only if this is a variable rate loan, The initial rate of interest is "I /A /. Interest. Interest will be charged from the date of this loan until you have paid what you owe under this Agreement. The interest rate is subject to change as follows. If the N/A (Index) changes. We will add a margin of 1`d/A to the index value. The rate will change monthly on the first day of the month. The rate will never be higher than the maximum rate allowed by law, and it will never be less thari?l' Any interest rate increases will result in more payments of the same amount. Promise to Pay: You promise to ; ,_';4 VTH,r-`"' to the credit union plus interest on the unpaid balance at pay $ o per year until what you owe has been repaid. SECURITY INFORMATION MAKE MODEL YEAR I.D. NUMBER TYPE VALUE LEXUS RX300 2000 JTGHFIOUBYOI07777 AIJTO r1/a n/a OTHER (Describe): You Pledge Shares AMOUNT ACCOUNT NUMBER AMOUNT ACCOUNT NUMBER a and/or Deposits of $ n r/ 2s $ r l I agree that the terms and conditions in the disclosure statement above and the loan and security agreements located on the reverse side of this document shall apply to this loan. If there is more than one borrower, we agree that all the conditions of the loan and security agreements governing this loan shall apply to both jointly and severally, knowledge that I have received a copy of the loan and security agreements and disclosure statement. a D T,OR'S SI NAT RE / ., DATA, ,:,- "vi ? CO MAKER `OTHER OWNER El '-GUARANTOR DATE vll rseAU EXHI 1 X,,AII IsEAu IN THESE AGREEMENTS. THE WORDS 'i: "ME." *MY' AND "MINE MEAN -.: 'r1,)SE NAMED DG? 'ITt 7T >='?: "'I , ;L 'YOURS' MEAN THE CREDIT UNION. LOAN AGREEMENT Payments/Finance Charges: For value received. I promise to pay. at your office- all amounts due- AIT payments shall be made pursuant to the disclosure statement on the face of this document. I understand that the finance charge and total of payments shown on the reverse side of this page are based on the assumption that all installment payments will be !Wade on the scheduled due dates. If I fail to pay any installment by the time if is due. I will pay additional interest on the overdue amount. Late Charges: If 1 make a late payment, I agree to pay a late charge it one is disclosed on the face of this document. Property Insurance: If I obtain a loan secured by a motor vehicle or other tangfole oroperty. I must obtain insurance which protects the credit union from financial loss. The amount and coverage of the property insurance must be acceptable to the credit union. Such a policy must provide at least tiro, That, combined additional coverages and collision insurance. It must contain a Loss Payable clause endorsement naming the credit union as I]en holder- I may obtain this insurance from any agent of my choice and direct the agent to send you a copy of the policy. Debtor Responsibility: I promise to notify you of any change in my name. address or employment. I promise not to apply for a loan if I know there is a reasonable probability that I will be unable to repay my obligation according to the terms of the credit extension. I promise to inform you of any new information which relates to my ability to repay my obligation. 1 promise not to submit false or inaccurate information or willfully conceal information regarding my creditworthiness. credit standing, or credit capacity. Default: 11) If I break any promise made under this Loan Agreement or under the Security Agreement; or (2) if I do not use the money you loaned me for the purpose stated in my application; or (3) if you should. in good faith. believe that prospect of payment. performance or realization of the collateral, if any, is impaired: or (4) if I die: or (5) if I file a petition in bankruptcy. insolvency, or receivership or am put involuntarily into such proceedings: or (6) if the collateral, if any, given as security for this loan is lost. damaged or destroyed, or if it is levied against, attached or garnished or i7i If I do not pay on time any of my other or future debts to you, you may, at your option and without prior notice, declare this loan immediately due and payable. and I must immediately pay the total unpaid balance, as well as the Finance Charge to date, any late charges and costs of collection permitted under law, Including reasonable attorney's fees, that you may incur. up to 20% of the unpaid principal and interest. Costs of collection include, but are riot limited to. repossession fees, appraisals. environmental site assessments. casualty damage insurance coverage, and attorney `s fees for any action taken by an attorney in order to collect this loan or preserve or protect the credit union's rights and remedies, including, without limitation, pre-suit demands for payment, pre-suit mediation or settlement negotiations, investigation and assessment of the credit unions' rights. participation in bankruptcy cases, matters, and proceedings {including, without limitation, filing proofs of claim, pursuing reaffirmation concerni attending meetings of creditors. and pursuing complaints, motions. and objections that relate in any way to the credit union's collateral or right to payment). collateral disposition- non- bankruptcy suits and/or administrative actions, and appeals. The principal ance in default shall bear interest at the contract rate. Delay in Enforcement: You may delay enforcing any of your rights under this agreement without losing them. Irregular Payments: You may accept late payments or partial payments. even though marked 'payment in full," without losing any of your rights under this agreement Co-makers: If I am signing this agreement as a co-maker, I agree to be equally respons'rhle wdh the borrower. but you may sue either or both of us. you do not have to notify me that this agreement has not been paid. von may extend the terms of payment and release any security without notifying or releasing me from responsibility on this agreement. Contractual Pledge of Shares: I pledge all my shares and deposits in the credit union, including future additions, as security for this loan. in case I default, you may apply these shares and deposits to the payment of all sums due at the time of default, including costs of collection and reasonable attorney's fees. No lien or right to impress a lien on shares and deposits shall apply to any of my shares which may be held in an 'Individual Retirement Account" or 'Keogh Plan." SECURITY AGREEMENT 1. To secure payment of this loan and all expenditures incurred by the credit union in connection with this loan. or in reaiizina on a security interesi, i grant to you a security interest in the oroperty described on the reverse side at this document. The security interest includes all increases, substitutions and additions to the secured property, proceeds from any insurance on the secured property and all earnings received +rom the secured property. Crass-collateralization. Property given as security for This loan or for any other loan will secure all amounts I owe the :credit union now eno in the future. However, property securing another debt will not secure this loan if such property is my cornmeal dweilina or are household goods. 2. 1 will not change the location of. sell d I_ Iht r I jW 'nave your prior written consent. 3- 1 warrant that have good title to the collars ai. free of all secwtty interests except that given to the credit union and except for afly merest of a non-co-maker owner of the r uaterai woo a, r;r" h greemenr in the indicated place. I I will pay all rtes asses men s. ;; " tons tgains; i i hec to the property described and further agree 10 Keep the moorrul it good condition, housed in a suitable shelter. I agree to exect!fo financing statements and security agreement amendments at ,Our request and will defend the property against adverse third party, claims. 5. 1 will maintain insurance to cover any vehicle or other property I- which you have a security interest. This insurance will be in a form and an amount satisfactory to you. I will supply you with prcot of such insurance until all sums owed to you and secured by this property are repaid !f t fail to maintain such insurance, you may, but aro not required to. obtain insurance of your own and add the cost of ucn to Ina ;ums owed. his cost will bear interest at the contract rate until Iiard. i insider _iss pi to you the right to receive the proceeds of any insurcnge on such propenv. and direct any insurer to pay those oroceeds direr t v to you wihori to you to endorse any check or draft provided as the proceeds ni ;uch nmimrce. and apply those proceeds to [tie sums owed to you. I further authorize you to provide your Insurance Service Center with the necessary information for verification of adequate coverage - I acknowledge that insurance, or any extension thereof. placed by you Is without benefit to me individually but is primarily for the protection of you. 6. Should you feel at any time that the security preserved has diminished in value, or for any reason feel that additional security is required. I agree to assign to you within ten (10) days whatever additional securty you lee] is necessary to protect vourself against possible lose. If a default as defined in the Loan Agreement should occur, you have the authri upon such default to repossess uin se .!I f rrGt o[; n a lawful mariner. In such case.. you or your -.uthonzed r iresent: rives may. at your option. enter the premises where 'he NlulmraI r_ Kole ono lake possession. subject to applicable laws- You r vr. t,e right to sender the property pledged as collateral unusable um arry dispo c .t the :ollateral on the premises where the collateral is kept. if you decide to sell the collateral at a public sale, private sale or )mrnwise -;pose rf 'hn collateral. you will notify me of 'he time and place of the intended disposition ten (10) days prior to the sale or disposition. If you sell or otherwise dispose of the collateral you may collect from me a s unable expenses mounted in the retaking, holdlnq and preparing th collateral Tor and arranging the sale of the collateral. You Inay also collect reasonable attorney's fees and legal expenses. permitted by applicable law, incurred in connection with disposition of the property. Unless I default. I may keep possession of the property (collateral) described and use it in any lawful manner consistent with this agreement or with the insurance policy on the collateral. I understand that you have certain rights and legal remedies available to you under the Un:fonn Commercial Clods -rd then arc rca o'e laws, and that you may use these rights to nt rye payi fnr t oefawt. ;n the event, 1 will at your request assemble the nr mcr,, I0oilaterah and make it ava!labte to you at a place of your io rg. 1f ton lecide to larva this default, it wlil nor wns5tute waiver of arardts S. You are hereby Appow e , is rnv shot Fact ?c r arc, ar i,TJ which you test are necessary to protect :hr cllateral anc _ .., , interest which this adre;ement creates 9. If there is mcit, than one r o car ru ntu ah ;ns nJer this agreement are loin[ and sevc i ac`s bar rq ar , l,, re y r in to ulfiil the terms of this agreement 10. This security agreement not only bind' r;?, but my xr dor;. administrators, heirs, and assigns. EXHIBIT "An r=.d2_169 4/97 6 t00 ;1199 KARL M. LEDEBOHM ATTORNEY-AT LAW P.O. BOX 173 New Cumberland, PA 17070-0173 Phone: 717-938-6929 Fax: 717-932-0317 September 9, 2005 (Via Certified and regular mail) Amy D. Coleman 6180 Kerrick Drive La Plata MD 20646 RE: Members I" Account No.: 0000159613-01 Dear Ms. Coleman: 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 1" Federal Credit Union ("Members I"") has requested my office to collect the amounts due to Member's I" under the above account. As you know, you are in default of your obligations under the above account (the "Account") evidenced by a Closed-End Note, Disclosure, Loan and Security Agreement dated November 22, 1999 in the original principal amount of $33,408.28 (the "Note") due to your failure to make the payments required under the Note in a timely manner. As a result of your defaults, Members I" hereby accelerates all remaining amounts due to Members 151 under the Account and the Note and hereby demands the payment of all amounts due to Members 151 under the Account and the Note in the amount of $5,375.71 itemized as follows: I. Principal $5,030.92 2. Interest to 9/12105 116.99 3. Late fees 112.80 4. Legal Fees 115.00 5. Total due to Member I" as of 9/12/05 $5,375.71 Interest continues to accrue on the above obligation at the rate of $.9359 per day. If you fail to deliver payment of the $5,375.71 together with additional interest to the date that payment is delivered to Members I" within thirty (30) days EXHIBIT "B" of the date of this letter, Members I" will have no choice but to file a legal action against you to collect all of the amounts due under the Account and the corresponding Note 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 I". Nothing herein shall constitute or be construed as an agreement on behalf of Members 151 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 I" 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't to postpone or extend the maturity date under the Note. Members I" looks forward to the payment of the $5,375.71 together with additional interest to the date that payment is delivered to Members 151 on or before October 10. 2005. Very t71y yours, TCarl M.` Ledebohm V CC: Stephanie McCreary, 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. r l S vice. S U Post e a . . . ECE IPT CE RTIFI ED MAIL ,. R v C e era Prov ided) m i ail Only ; No Ins o urance g (Do c mest ... ....._.. ... ...mNaite al W W W.U SPS.OO rrL _ - 1J N S lu r3 C3 [:3 C3 Cr co ru -7- C3 O r V)CItMCAT[ON I, Stephanie McCreary, Collections Officer for Members 1" Federal Credit Union, being authorized 1b 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 I understand that false statements are made subject to the penalties of 18 Pa C.S.A. Section 4904, relating to unsworn falsification to authorities. Members I" Federal Credit Union Stephanie McCreary, Collections OMeer Amy D Coleman -o P ?f I ; Curtis R. Long Prothonotary Office of the Protbonotarp Cumberlanb Countp Renee R. Simpson Deputy Prothonotary John E. Slike Solicitor ,?'_ s ..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 n..a r`.,,,rrhn„cr Crniare • Carlisle. Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573