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HomeMy WebLinkAbout06-2319MEMBERS IST FEDERAL CREDIT UNION PLAINTIFF Vs. NORA E. LUPOLD DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: Ole - a.?l T CIVIL ACTION - LAW NOTICE TO DEFEND AND CLAIM RIGHTS e1u,L `E'P'J 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 1sT FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PLAINTIFF PENNSYLVANIA Vs. : NO.: NORA E. LUPOLD 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 LISTED. 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 Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 MEMBERS I T FEDERAL CREDIT UNION PLAINTIFF Vs. NORA E. LUPOLD DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO.: oL -a3?9 CIVIL ACTION-LAW COMPLAINT AND NOW, comes Members I" 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 0 Federal Credit Union ("Members I"), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 1 2. Nora E. Lupold ("Defendant") is an adult individual having a last known address of 5029 East Trindle Road, Apartment No.: 14, Mechanicsburg, PA 17055. 3. Defendant submitted to Members 0 a credit card application (the "Application") for a Visa credit card issued by Plaintiff. 4. Plaintiff accepted the Application and sent to Defendant a Visa Credit Card, account #4287-5900-0178-3543 (the "Visa Account") and a Visa Credit Card Agreement and Disclosure Statement. 5. The Visa Account is governed by the Visa Credit Card Agreement and Disclosure Statement (the "Credit Card Agreement and Disclosure"), a copy of which is attached hereto as Exhibit "A" and made part hereof. 6. Pursuant to the terms and conditions of the Credit Card Agreement and Disclosure, Defendant agreed to pay to Plaintiff monthly installments in an amount of not less than three percent (3.0%) of the outstanding balance on the account or $20.00, whichever is greater. 7. Defendant has made charges against the Visa Account and 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 by Members 151 on or about November 21, 2005. 8. By letter dated February 17, 2006, addressed to Defendant, Plaintiff demanded the payment of all amounts due under the Credit Card Agreement 9. 10. II and Disclosure and the corresponding Visa Account. A copy of Plaintiff's Demand is attached hereto as Exhibit "B" and made part hereof. As of the date hereof, Defendant is indebted to Plaintiff in the amount of TWELVE THOUSAND FORTY-SEVEN AND 96/100 ($12,047.93) itemized as follows: a. Principal b. Unpaid finance charge c. Unpaid N/A fees d. Unpaid Late fees d. Legal Fees* e. Total due to Member ls` as of 4/10/2006 $9,877.00 310.93 0.00 60.00 1,800.00 $12,047.93 *Legal fees are estimated in accordance with the terms and conditions set forth in the Credit Card Agreement and Disclosure. Defendant will be responsible for payment of actual, reasonable legal fees incurred by Members 1 s` in this matter. 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 9 above, additional reasonable legal fees, if any, and costs incurred by Plaintiff as a result of the institution and prosecution of these legal proceedings. Legal fees and costs continue to accrue on the above obligation as set forth in the Credit Card Agreement and Disclosure through the date of payment and including on and after entry of judgment on this complaint. 11. 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 I" Federal Credit Union demands judgment against Defendant, Nora E. Lupold, in the amount of TWELVE THOUSAND FORTY- SEVEN AND 96/100 ($12,047.93) together with additional attorney's fees and costs of suit and interest at the legal rate on and after the entry of judgment on this complaint. Respectfully submitted, Date: ?- ri- e6 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff 4 Supreme Court ID 59012 P.O. Box 173 VISA Credit Card Agreement and Disclosure Nonce. See reverse side lo, tmponanI information regard ing your rights to dtspule Sol II N errom 1. Meaning of Words. The following words have the following mean in as in this Agreement and in the roughly Or Ihog statement sent hamondet dal "Agreement" means the Visa Credit Card Agreement and Disclosure furnished by as. nd "we us' add'ouf means Members 1st Federal Credit Union, Mechanicsburg, PA. I0 'you"and'your means each person Ivan signs the application for the Account. (o) "Card" means any Visa Credit Card and any Me llcales and randevels vre cases to you or to an aulhorood net or yoer Impart. (e) "Account' means your Visa Credit Card Account with us. if) 'Line of Cradit' means the sell replenishing his of Credit we make available to your Account. (g) Mdso ce'means any creel? extended an your Aeccurtl b' any masseuses or Cash Advances. Of "Cash Advance 'Mean, ba any Cash or credit extended on your Account by e5 on by any other institution that accepts a Card (it) any firmawel of qan made by using a Card and personal identification numm, PIN') at ao automafedleftef machine l"ATSI or ether type of electronic terminal that provides access to the Visa system. (Ill) the amount of any Visa Convenience Check paid by us, of tv) the amount of any mail transferred to your Account from another credit Gfd of account. (i) 'Visa Cromenlence Check" means any Check Wt nearby accesses your Account. The amount of any Visa Convenience Check paid by us is posted as a Cash Advance under your Account. 2. Haw To Use This Account. Your Account may be used to purchase or lease goods and services I'Pufchoses") from a merchant by messntfng a Gard and signing a sales transaction receipt for the amount of the purchase or by print a Card Account number Your Account may also be used to roam Cash Advances. s) By moving sash or craft from financial institutions that accept a VISA Credit Can or By use of Visa Convenience Checks. ID By making Cash wimdiawads with a Card at an ATM or other type of electronic terminal mat provides access to the Visa systemor (d) By audering to your Account a balance from another about card or aecounl 3. Responsibility. You agree to pay all Advances, dance charges and other fees of charges charged to your Amount arising from the use of a Carol a Visa Comadreme Check or the Account by you to anyone you authorize or permit to use your Account, S Visa Convenience Check on a Card, even if you do not nobly us that omens are using your Account a Visa Convenience Check or a Card. Your responsibility an charges made by anyone you authorize or permit to use youf Account, a Visa Convenience Check on a Coo continues until you Po®rly us in wrung at 5000 Louise Drive P 0. Box 40 Mechanicsburg, PA 17055, and recover and destroy any Visa Convenience Check or Card in such person's possession. Your obligation to pay the Amount dialanee continues regardless of the terms of anyconferral divorce decree, orShar, carat jWgment to which we are not a party It more may one parson signs the application tot me Account, you are each jointly and severally responsible for all charges on the Account. 4. Lchil lty for Unauthorized Use, You understand mat your total liability to us shad l not exceed Fifty Dollars Deanneculling land the loss, theft or other unauthorized use of a Card that occur prior to the time you give notice to us. Such llmdration does not apply when a Visa Convenience Check is used. 5. Loaf Card NoDlkaOOn. II you turnover a Card or any Vise Cemenience Check has been an or stolen, you major Immediately call us or (7T/) Fell or runne 2032328 during normal business horns. After business hours (maths and weekends) or an seal days, lost or stolen Cards or VISA Convenience Checks must be reported by calling i(500) 325 367B_ 6. Credit Line. Il we approve you, application. in will combat a line of Credit for you and unity you of its amount when in issue a Card This amount is your credit limit for the Account You agree not to try the Account aataRe exceed this approved credit limit. Each payment you make an the Account will resmm your credit limit by the amount of the payment that is applied to the principal balance owed on the Account. You may request an increase in your credit limit which must be approved by us- We may reduce your credit limit or lmmcene this Agreemem lot any feasons not prohibited by applicable law , with only such notice as is required by applicable few. You may also erminae this Agwfnenl at any tnw, bud termmtm blooms, of us Cords not ahect pow triliguhmm pay the Account balance. TO terminate this AgfeemenL you must non , us in writing at 5000 Louise Drive, P 0 Box 40, Mechanicsburg, PA 17055, and recover and surrender to us all Cards, and any issued but unused Visa Convenience Checks They remain our property. 7. Credit Information. You authorize us to investigate your credit sfanding when opening, mewing or reviewing your Adayor rind you Motorize as to disclose kkrmmim regaresm yMAcCe tto credit bureaus and older creditors who inquire of us about your credit standing. 8. Payments. We will mail you a billing statement very month Showing your Previous Balance comprised of purchases and Cash Advances. the current transactions on your Account you[ credit limit the available credit the New Balance Me Balance Charges for the billing cycleo and me Minimum Raytheon required. Each month and most pay at least the Minimal Paymem slaws an ymr aluemenl by the Payment Due Date shown on the statement or no later than 25 days farm the statement Closing Date, a9lchever is Later. If your an ensnt Says your payment is Blow Due,' your payment is due no later than 25 days from the statement Closing Date. You may pay mote frequently, pay more then the Minimum Paymenl or pay the Now, Balaterea in hell II you make extra or larger payments. you are still rmuired to make at least the Minimum Payment each month your Account has a balance (other than a credit balance). T(a Minimum Payment well no Other a) Two percent 12%) N your New Balance or E20, whichever Is abater Plus any portion of the Minimum Payment shown on offer stra emam(s) which remains unpaid, of g your New Balance, If it is less Than Tvremy Dollars 1120) We also nave the right to demand immediate payment of any amount by which your New Balance is over your credit limit. We WII I apply your payments first to any tie, then to Finance Charged on both Cash Advances and annua des. than to previously billed Cash Advanced, then to meylaus y billed purchases, then to new Cash Advances and than to new purchases We may accept checks marked "payment in full' of with words of similar effect without lowing any of our rights to Drrecf me full balaoue of your Amount 9. Finance Charge. A. The current monthly Periodic Rate and COaesponnng Annual Pemmuse Bale ate sat form on the `A itional Doclosur¢ which is sent to you together with this Agreement. B. Variable Rate: The Annual Percentage flare will an determined by adding the margin to the Index value. The Afmual Peranuge Pape rza change an the Mast calendar day 0)IN tistd)Bng cycle in each calendarquadez TM margin tin Vise Platinuma 5.01% lot both ppmhaaus and Cash Advances The margin lot Visa (told is 5,00% for both purchases and Cash Advances. The margin for Visa Classic is 550% for bath pufchasees and Cash Advances The margin mf Vim Clamp Rae Shaven is 2Obs mf both pufcasa6s and Cash Advances, sublarl to a minimum Annual Percentage Rata of 9.9% for the Vim Classic Ram Shaver program. The index is the highest Pnme Hale Published in the memo r21m motion of the Wall Street Journal The index will be manuMd as at the fast lrygineas day at the im aromaely prcevdlfg calendar quarter, Any increase In the Amount Percentage flare may reuse the amount of the minimum monthly payment to increase. Also, you may hays Ib pay mom payments. The Annual Percentage Rate will breve, exceed 21% or IN maximum allowed bylaw , whichever is less. The monthly Periodic Rate is equal to one-iwelfld (1/12) of the Annual Percentage Rate. C. Method A- Average Dally Balance (Including New Cash Advances): A Finance Charge will be imposed on Cash Advances learn lire date made or hem the first day of the billing cycle,n which the Cash Advance is posted to your Account whichever Is later, and .)I bounce )a =.a moil the Sala of payment The Finance Charge on Cash Advances for a billing cycle is computed by apmying the monthly Periodic Hale to the average daily nelenee of Cash Advances which is determined by dividing the sum arms daily balances during the unplug Cycle by the numan of days to the cycle Each daily balance is determined by taking the beginning belongs of Cash Advances Do Your Account each day, adding any Raw Cash Advances, and subtracting any maerems or emerge that are applied no Cash Advances but excluding any unpaid Finance Charges. D. Method G- Average Dally Balance (including New Credit PUrehaaes): A Finance Charge on if be imposed on purchases only if you else(nor to pay (as entire New Balance shown an your mantnly bllling slalemmf for the Payment doling cycle Ph of before the Payment DIN Dale or that statement If you elect not to pay IN entire New Balance shown on your Tobacco monmy billing statement by the Payment Due Date, a Finance Charge will be imposed on the unpaid average daily balance of purchases from the previous statement Closing Cold and on new purchases from the date of posting to your Account during the currant billing cycle, and will continue to accrue 00th the Closing Date of the billing cycle prSBtling the date OR which the entire New Balance is peed in ful I or until the date of payment if later than the Payment Due Date. The Finance Charge on purchases for a billing cycle is computed by applying the monthly Periodic flora to the average daily balance of purchases, which is determined by dividing Mod sum of the daily chances during the billing cycle by the number of days in the cycle. Each daily balance is determined by (ating the beginning balance of purchases on your Amount each day, adding any new purchases, and subtracting any payments or credits that am applied to purchases, but excluding any unpaid Finance Charges 10. Default. You wil l he, default it you tail to make any minimum payment or other required payment by the date that it is due. You will he in default if you break any promise you make under this Agreement You will be in default if you die, file for bankruptcy, or .become insolvent. that is, unable to pay your obligations when they became due. You will be in default it you make any false of misleading statements in any credit application or update DI cache information You will also be in default it something happens which we skeeve may 5ubsa lallyredone your ability to revery whal you owe. When yin are in defaWt we Pon demand finedtad payment of the entire amount you am under this Agreement without giving you advance notice. If immediate payment is demanded, you will continue to pay 'imager , at the applicable interest fates in oted under this Agfeemont until what you on has been repaid. If demand for immediate payment has drdm rnadJ, the Shaea and deposits given as Secgfty er paymenl under this Agneamenf Am an apmied toNands, what you on We can also take appropriate action as authmlRd under the Uniform Commercial Code to repossess any and all collateral pledged to a4Cube repayment under this Agreement. To the extent goal by applicable law you will also be Soared to pay our collection expenses, including noun costs and neaaonane ammey5 fees We can also exercise any other rights given to us by law When you are in default. 11. Using the hard. You may use a Card, Card Account numbe, and/a, PIN to make headstands on your Account You will resin the copies of the Iransamon (motors famished to you in order to verily your monthly billing statement You agree mar NO will am use of permit anyone to use a Card or your Account lot any ImpSatllen that s illegal units; appleal federal, State of ace law You agree that Illegal use of any manglal socks will be derned an action of default and/or breach of contract and such a service and/or other related services may be terminated at our discretion. You nthet agree should illegal use occur to waive any right to sue us for such illegal use or any activity directly of indirectly related to ll. Additionally you some to indemnify and hold us remit less Team any suits or other legal acton or gabtM, arectfy or inaireny,rassingfrom such humor use .We reservethe al to decline am/ Pamzctfons that we cc ,6wImmanuen[susmkmus, or illegal and you harder unCer.9zrW that we will nit knowingly audio- rice charges ,sealed to online gamh me Pdnl Date 3/05 CL b'- tare Y1 i 01OP'syc's? Say RE VERSE EXHIBIT "A" 12. Radvice and Adjustments. Merchants and others who honor a Card may give credit or returns or adluslmente, and they will do m by Sending us a credit transaction receipt, when we will post to your Arcane If your manila and payments exceed venal you owe us, Wa will held and apply this credit balance waved lnWa purchases and plash Advances, of If It IS one dollar or more, refund if on your written request of agtOmabglly after six months 10, Using Visa Convenience Checb. You may use your Visa Convenience Checks, if avoluse, as you would use a Card to make a purchase or paymlent or to receive rash Your Visa Convenience Checks twenty access your Account All Visa Convenience Checks pro by us are heated as Cash Advances hereunder and, except as otherwise indicated, are sublecl to all terms of this Agreement sobering to Cash Advances and to the following additional terms A. No Visa Convenience Check may be used to make a paymenl 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 ILS. Dollars. Visa Convenience Checks may not he cedifiad. 0 We may return a Visa Convenience Check unpaid if time is net enough available credit on your Account to pay it it your Account is in default or if a Card or any Visa Convenience Checks have been rebuffed lost or stolen. A$10 fee will be charged for each returned Vim Convenience Check. 14. Foreign Transactions. Purchases and Cash Advances made in III countries and foreign cuflusies will be plletl in OS. Dollars. Effective April 2, 2005, the exchange rate for transactions in a loreign currencywill be a ate selected by Visa Pont the range of fates available in wholesale currency markets let the applicable central processing date, which rate may very from the ate Visa ilsell receives, of the government mandated rate in effect lot the applicable central processing date, increased by oneyereant. On foreign transactions you agree to pay all currency exchange charges. 15. Merchant Disputes. We are not responsible for me refusal of any membanl or financial institution to honor a Cam or Visa Convenience Check. 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 using the Account If you default, we will have the right to dome any of these goads when have not been paid for through our application of your payments in the manner described in paragraph 5. Pledge of Sham Aaeouat(s) -MOTE: Toitem your Academy, TOrplyPalwuFaa4pwMRwprnlPPh4raakL?N.fNIId YadIMIWhM neAUata"Rohm wnk Membe rat Federal CmdM tMien nand loth Irate rq inept ahem Is postnatal Retie ntAecouebm UeeuabrMertlWrpledptaelautaMda.aNtaRksaal[awadrUa Can aPrteMSenrpf oPgo-dslarredshln. Taeauftrimntoopptydmbolmelwthm 17. Fees and Other Charges. Thelollowing Is and other charges will be added to your Account asapplicable. A. Annual Fee Visa Platinum _ None Visa Gold... None Visa Classic None Visa Classic Rate Shaver.. None B. Late Payment Charges. II you fail m pay the minimum payment on your Account within live (5) days of the Payment Due Dale, a late payment charge of $30 will be added to your Account C. Over-Llmil Charge. II your Account balance exceeds your credit limit at any time during the c atemenl period, an overtImll charge of $15 will bra added to your Account. 0. Returned Check Fee. If a check or share brain used to make a payment on your Account is returned unpaid because of insufficient funds or for any other mason -you will an charged a in of $10 for each item retuned. E. Returned Statement Fee. You will be charged $1 for each monthly billing statement that is returned. F. Copies of Visa Transaction Receipts and Statements. You will be charged S3 for men copy you mrust of a Sol for any purchase credit or Cash Advance on an a monthly billing Statement except in connection with the resoflum of a billing error lm. Skip Payment Option. We may allow you ,from lime to time, to omit a monthly payment We will notlty you as to any month in which the option is available. If you omit a payment, Finance Charges will accrue en your balance in accordance with this Agreement. A skip payment does nor extend the purled within Watch you must pay the Navy Balance in order to mmpldes avoid Finance Charges on windows. A minimum payment will be due in the month following the month in which you skip your payment 19. Effective Agreement. This Agreement is a contract which applies to all tranSacions on your Account, even though the receipts you sign or receive for purchases, credits, Cash Advances or other Irarmcbons may contain diderere terms. We may amend Ibis Agreement from lime to time by sending you wrfllen notice. If required by applfcal law. we will give you Written notice before the effective dale of the amendment To the extent applicable law permits, and as we indicate in our nolfce to you, amendments will apply to your existing Account balance as welt s to future transactions. This Agreement shall be construed in accordance with the applicable laws of the Commonwealth of Pennsylvania and applicable federal laws. YOUR BILLING RIGHTS - KEEP THIS FOR YOUR RECORDS This notice contains rresonant inlermation about your rights and our responsibilities under the Fair Credit Billing Act. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR MONTHLY BILLING STATEMENT. If you think your monthly billing statement is wrong, or it you need more mformahon about a Iransaglon on your Stormont, write us on a sepeate shcel of paper at the address listed on your statement. Write to us as soon as possible. We must hear tram you no later than W days after we send you the first statement on which the error or problem appeared. You can telephone us, but acing se will not preserve vow rights In your letter give us the following information'. • Your Rome and Account number • The dollar amount of the suspected errs. Describe the error and explain, if you ran, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have aumorded us to pay your monthly billing 5opence automatically from your Saver m or Checking Account you can stop the payment on any amount you mink is wrong- To stop the payment your later must reach us three (3) business days before the auto mern paymenl 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 NO days, we must either border the error or exptam Why we believe the statement was correct. After we receive your fetter We cannel try to¢OOet any amount you question, or report you as delinquent .We on continue 10 Send statements to you for the amount you la l Illeluding finance charges, and we an apply any unpaid amount against yom frond limed You d0 not have fc pay any questioned amount white we are IOMSt galing, but you are still obligated to pay the parts of your Slatelereff that me nut in question II we Ind that we made a mistake an your debenture you WIB 001 have to pay any finance charges related to any questioned amount. If we Bide I make a mistake, you my have to pay thereof charges, and you will haw 10 make a any missed payments on the ques- tioned amount. In either use we veil I send you a sceemenl of the arro l you owe and the date that it is due. If you Nil to pay the amount that we think you owe, we may Poison you as delinquent NoWSye[ If our explanation does not satisfy you and you mite to us within ten days telling us that you still refuse to pay, we must IeII anyone we report you to that you have a quea- lion about your stolemears And, we must tell you the name of anyone we Opened you to We must IeII anyone way report you to that me matter has been saUled beMeen us when if finally is. If we dont follovahem rules, we can't tolled the first SW of the questioned amount, even it your statement was correct. SPECIAL RULE FOR CREDIT CARD PURCHASES. It you haw a problem with the quality of property or services that you purchased with a cretll card and you have tried in good Main to coned the problem with the merchant you may have the right not to pay the remaining amount due on the pep w or savicex There are red infleations On this right. (a) you must have made the purchase in your home state OL It not within your home slate, within 100 miles of Your current marling address, and (b) the pumhase price must have been more than Shit. These limitations do not apply if we own or operate the merchant ur if we mailed you the adverliSETant for me 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 February 17, 2006 (Via Certified and regular mail) Nora E. Lupold P.O. Box 243 Mechanicsburg, PA 17055 RE: Members 15` Visa Account No.: 4287590001783543 Dear Ms. Lupold: 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 Is` Federal Credit Union ("Members Is`") has requested my office to collect the amounts due to Member's 1 s` under the above account. As you know, you are in default of your obligations under the above Members 15` 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 1 s` on or about November 21, 2005. As a result of your defaults, Members 1 st hereby accelerates all amounts due to Members 151 under the Account and hereby demands the payment of all amounts due to Members 1` under the Account in the amount of $10,435.43 itemized as follows: 1. Principal $9,877.00 2. Unpaid finance charge 310.93 3. Unpaid N/A fees 0.00 4. Unpaid late fees 60.00 5. Legal fees 187.50 6. Total due to Member 151 as of 2/17/06 $10,435.43 If you fail to deliver to my office at the address set forth above payment of the $10,435.43 within thirty (30) days of the date of this letter, Members 15` will have no choice but to file a legal action against you to collect all of the amounts due under the EXHIBIT "B" 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 ls` Nothing herein shall constitute or be construed as an agreement on behalf of Members Is` 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 1" . Nothing herein shall constitute a waiver of any rights or remedies which Members 1 s` 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 Is` to postpone or extend the maturity date of the obligation. Members ls` looks forward to the payment of the $10,435.43 on or before March 20, 2006. Very t ly 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 A. Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front d space permits. 1. Article Addressed to: 1?G f jc?? 24 l 1 by (E&N Niel GC, Da14 of Delivery t ss diRerelh from rtgrn 1? ? en ry address below: Cn FE3 2 3 20Q6 r PRWNI&Nall ? Express Mall ?Registered Azetum Receipt for Merchandise: ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Eft Feel ? Yes 2. Article Number ___.. __- __.-.. ___ - __._..-.___ (-11 B 7004 2890 0002 8472 2517 Postal M1 PS Form 3811, February 2004 Domestic Return Receipt • , MAIL,,, RECEIPT lr (Domestic ru G51 A L , Q E -0 Postage $ p cenlredFa !2.40 0070 QZ poaVnark p p Return Receipt Fee $1.85 Here (Endorsement Required) p a-' Restricted Oefivary Fee (Endorsement Required) t13,1111 0 !1J Total Postage B Fees ,$ 14.64 JW171`I)tJb 7 C3 ant 70 Street Apt No. ------------ -------& 2:4 City, State, ZIP.4 Z?+c .Y^?w2Ji VJV'?.L1 l'R \?17?_ MEMBERS 1ST FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY PENNSYLVANIA PLAINTIFF Vs. NO.: NORA E. LUPOLD DEFENDANT. : CIVIL ACTION-LAW VERIFICATION I, David Thomas, Collections Officer for Members I" 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. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. Members 1" Federal Credit Union David Thomas, Collections Officer V-t w ? SHERIFF'S RETURN - REGULAR CASE NO: 2006-02319 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS LUPOLD NORA E SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LUPOLD NORA E the DEFENDANT , at 1645:00 HOURS, on the 3rd day of May 2006 at 5029 EAST TRINDLE ROAD APT 8 MECHANICSBURG, PA 17055 by handing to NORA LUPOLD a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.44 Postage .39 Surcharge 10.00 39.83 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 05/04/2006 KARL LEDE13OHM By: eputy Sheri Prothonotary Curtis R. Long Prothonotary (Off ire of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor - 2 31 9 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, 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