HomeMy WebLinkAbout06-2999AMERICHOICE FEDERAL CREDIT
UNION,
PLAINTIFF
V.
MARK M. MYSLINSKI,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2006- ????
CIVIL TERM
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a Judgment maybe entered against you by the Court. A judgment
may also be entered against you for any other claim or relief requested in these papers 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.
Court Administrator
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
J
JOH6XA J.100PECKY; ESQUIRE
Supreme Court ID #53147
300 North Second Street, 8t' Floor
Harrisburg, PA 17101
(717)221-1111
Attorney for Plaintiff
AMERICHOICE FEDERAL CREDIT
UNION,
PLAINTIFF
V.
MARK M. MYSLINSKI,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2006- x499
CIVIL TERM
COMPLAINT
AND NOW, comes the Plaintiff, by and through its attorneys The Shagin Law Group LLC,
and respectfully avers the following in support of its Complaint:
1. Plaintiff is AmeriChoice Federal Credit Union, a Pennsylvania Credit Union doing
business at 20 Sporting Green Drive, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant is Mark M. Myslinski,an adult individual who currently resides at 549 S. 15d'
1/2 Street, Reading, Berks County, Pennsylvania.
3. On or about June 30, 2005, the Defendant entered into a Loan and Security Agreement
with the Plaintiff for a personal loan in the amount of $12,100.00; a copy of said Agreement is
made a part hereof and marked as Exhibit "A."
4. Pursuant to the terms of the Agreement, Defendant is to pay to the Plaintiff the sum of
One-hundred ninety-three dollars and four cents ($193.04) bi-weekly, beginning with the payment
of July 15, 2005, and continuing bi-weekly until June 27, 2008, or until said loan was paid in full.
5. The Defendant defaulted under the terms of the Agreement by failing to pay the
required installment of October 31, 2005, and subsequent installments thereafter.
6. The Defendant is due and owing the total sum of Ten-thousand, nine-hundred sixty-nine
dollars and eighteen cents ($10,969.18).
7. Despite repeated demands for payment, the Defendant owes and continues to owe said
sum to Plaintiff.
8. Pursuant to the Agreement, interest is to accrue on the unpaid balance at the rate of
12.99%, until the total amount owed is paid in full.
9. In addition, pursuant to the Agreement, Defendant is to pay all costs of collecting the
amount owed under the Agreement, including reasonable attorney fees no in excess of 15% of the
unpaid debt, and all court costs.
WHEREFORE, Plaintiff demands judgment in favor of the Plaintiff and against the
Defendant in the amount of $10,969.18, plus interest at 12.99%, all attorney fees, and the costs of
this suit..
Respectfull sub mitt ed
Jo J. Ko cy, E uir
S eme Court ID #5
300 North Second Street, 8' Floor
Harrisburg, PA 17101
(717) 221-1111
9PR-27-2006 10:31 AMERICHOICE FCU 7176973713 P.03i05
AmeriChoice 20 Sporting Green Drive
Mechanicsburg, PA 17050
?FEDEaAL CREDIT uN10N 717-697-3474
Building Relationships For Life 800-240-4364
LOAN AND SECURITY AGREEMENTS
AND DISCLOSURE STATEMENT
LOAN DATE LOAN NUMBER ACCOUNT NUMBER GROUP POLICY NUMBER MATURITY DATE
MYSLINSKI, MARK M
549 S 15 1/2 ST
READING, PA 19606
PERCENTAGE RATE
The cost of your credit as a yearly rate. The dollar amount the
credit will cost you.
12.990 %
2,565.21e
The amount of credit
Provided to You or on
your behalf.
s 12,100.00
Total of Payments
The amount you will have
paid after you have made
all payments ae scheduled.
111 15, 056.69e
Total Sale Price
The total cost of your purchase on credit is
s
which includes your
downoavment of s
Number of Payments Amount of Payments When Payments Are Due
77 ; 193.04 BEGINNING 07/15/05,
BIWEEKLY THEREAFTER.
l s 192.61 06/27/08
Property Insurance: You may obtain property insurance from anyone you
want that is acceptable to the credit union. If you get the insurance from us,
you will pays
Prepayment: If you pay off early you will not have to
pay a penalty.
Required Deposit: The Annual Percentage Rate does
not take into account your required deposit, if any.
(] Assumption: Someone buying your mobile home
cannot assume the remainder of the loan on the
original terms.
Demand: BThis obligation has a demand feature.
All disclosures are based on an assumed
maturity of one year.
If any portion of your payment is more than 15
days late, you will incur a $15.00 late fee. Filing Fees Non-Filling Insurance
S s
Security: Collateral securing other loans with the credit union may also secure this loan, You are giving a security Interest in your
shares and dividends and, if any, your deposits and interest in the credit union; and the property described below:
Collateral Property/Model Year I.D. Number Type Value Key Number
8
s
6
Other (Describe)
Pledge of Shares 5 in Account No.
your contract documents for any additional information about nonpayment,
CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGRI
Borrower you agree to the terms of the Loan Agreement. If pproperty is dell
Lending 6isclosure, you also agree to the terms of the Secuflty Agreement.
only to the terms of the Security Agreement.
In Account No,
and any required repayment in full before the
BEFORE YOU SIGN IT. By signing as
I the "Security"sectlon of the Truth in
ign as "Owner of Property" you agree
X (BEAU
BORROWER2 OgTE
18FAU
x j-kz
LJ OTHER BO OWNER OF PROF-Wry ITMISS DATE
ot,t}t G rr.- A "
. M... W rn SAI rani IP IPRR omit an RIPHTR RPRPaWn NXX021 MASER) 27860
APR-27-2006 10:31 RMERICHOICE FCU
Credit UnionAMERICHOICE FEDERAL CREDIT UNION
Borrowerls) MARK M 14YSLINSKI
;..... .... , ';, ITI?I?[i Iftl Ol fEiRII ROi
Itemization of Amount Financed of Amount Given to You Directly I
S 12,491.48 S
Amounts Paid to Others on our Behalf: (If an amount Is marked with an
g 1,815.46 TO CAPITAL ONE HANK
S To 9
5 To S
S To ;
391.48 To INSURANCE i
7176973713 P.04i05
Loan No. 15132 Acct. No. 26Q2b-31
lam`: q
imount Paid on Your Account Prepaid Finance Charge
d 1o, 284.54 S
anedsk V) we WE be retaining a portion of the amount.)
To
To
To
TO
TO
To
appears aoWe arc anyone to wnom the Greait Union assigns or trensrers tnls Agreement. All references to "yon,- or -your- mean
person who signs this Agreement as a borrower.
1. PROMISE TO PAY -
You promise to pay 11 12,100.00 to the Credit Union plus interest on the unpaid
balance until what you owe has been repaid. For fixed rate loans the interest
rate is 12.990 $ per year.
Collection Costa:
You agree to pay all costa of collecting the amount you owe under this
Agreement, including reasonable attorney fees not in excess of 15& of
the unpaid debt and all court costs.
2. PAYMENTS • You promise to make oavments of the before the date it is due. You will be in default if you break
a
icnecuiea, our Ttnai payment me us m re or Toy will also op in ast Ult It $amB ning nappens net we
e amount o the final Daym, nt the is diso I d. believe may gerioualy af?ect Iff STY. to rgpayY w at you
t credit Insurance, a wgil either Include the owe under this Agreemen or i you are in de ault under any
your paym nts or extegd t e term o your loan. oth r a apr9ant yp?t eve wjth us.
Is extenaed. you will be reauired to make 6. X IONS'AFfER DEFA LT - When you are in default. we
3. LOAN 'PROCEEDS BY MAIL - If-the proceAds of this loan
are mailed to you, inters lecurity n this loan begins on the date
the I n s d to ou.
4. SE4eU?Y?ti?'??'N - hielgrgement is sequr d by all
ropyrty des Abed in the section of tha Truth in
Qending Disclosure. PropQ securing other loans you have
with u3 also se urea this "lo n, unress the ?raperty js a
dw Ilir! A dwej ng enures t I ton only if it is des Abed
in t?ia ?`ecunty se son of t is "Trutt in Lending Disclosure
far this loan. /f U On a rederwcharter.Statutory
an - If you are in 1 au t on a financial obligation to us,
ederai law give us the ri t tto appl the balance of shares
and dividends in all indiv? uel an A d t accounts, yoT Nave
w?vieth us to satisfy that ob gation. er you are in a suit,
?W may exerclad rig t y ithout urtner n3tice to you.
We have a e era charter I our name inelu as tht germ
Federal Credit Union.") !f ?i it thdon has s state charier,
except In One antl d: We have g s atutory lien
on the shares and vjdends and, any, the sposits and
interest n all Individual and ornt Recounts you have with us
and may exercise our righ tinder the lien to the tent
permitted by state low. ( e have a state charter IT ant
we does not in 1 de the term Federal Credit Union.'
?or aN borrowers: ou ple dge as sepunity for t Ia loan all
shares and divider ( a i n if an ,all de osits 9%d intereat in
all joint and i live usi accoutre s you eve yvit ? credit
uninn tines an ,n t w future. a su nrv lean wn nr vnur
us
tlniie to pal interest at the rate provided for in tFii
reemsnt, unl what you owe he$ Ares re td. We wi I
Slo apply su ing wu de o o tis Agre Qmeets /orndy osits
xerclsea any othbr rights given 6y law when you are in
VIA H EACH PERSON RESPONSIS Each person who ins
this Agr?esement wlll'be individually aard iointl?responsibisegfor
paying trie entire amount owed un :pd IT his greement. This
pteeng Is can enforce o r ri hts a ainst any one of you
indlvld II ?lprnet alt o o to er
8. WVIS 61&_ E • If areetagi49*rkmg a paym nt, you
promise to p y the lateyoucharge shown In the Truth Inetending
scgloesatIrpe. l no late charge is shown, you will not be
9h. DELAY I EENFORCING RIGHTS - We can delay an orcin
any of our ghts under this Agreemsnt arty number o times
wi hout lea g the ability to exercise our rights later. a can
enforce th s Agreement against your-
our heirs or legal
r resenteti
q? CONTI U?D EFFECTIVENESS - If any part of this
Agnee, ent 6 Bete fined by a court to be unenforceable, the
rest wii re In in Pact.
11. NOT! - Notices will be sent to, you at the most
rrecenttf yapdudryya`s ?yyeoun have given us in writing. Notice to any
120 oeTNER IPpnvlR/AN%to all.
special tax treatment Unaer state or federal law it given as
ty
securi
5. DEFAULT - You will be in default under this Ag feelnent if
you do not make a payment of the amount required on or
1=027 ILAGM 27860 1
RPR-2772006 10:31 RMERICHOICE FCU
Credit UnionAMERICRUicas Y161JUXAL UMZIJL'L' UPILVAM
'8&66wer(s) MARK N MYSLINSKI
its Agreement all references to "credit union," "we," "our" or
mean the credit union whose name appears on this document
anyone to whom the credit union assigns or transfers this
cement. All references to the "Loan" mean the loan described
e Loan Agreement that is part of this document. All references
1. THE SECURITY FOR TH
a security interest in thi
section of the Truth in I
document ("the Property")
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 Loan and any extensions, renewals or
refinancings of the Loan. It also includes any money you receive
from selling the Property or from insurance you have on the
Property. If the value of the Property declines, you promise to give
us more property as security if asked to do so.
2. WHAT THE SECURITY INTEREST COVERS - The Property
secures the Loan and any extensions, renewals or refinancings of
the Loan. If the Property is not a dwelling, It also secures any other
loans, including any credit card loan, you have now or receive in
the future from us and any other amounts you owe us for any
reason now or in the future, except any loan secured by your
principal residence. It the Property is household goods as defined
by the Federal Trade Commission Credit Practices Rule or your
principal residence, the Property will secure only this Loan and not
other loans or amounts you owe us.
3. OWNERSHIP OF THE PROPERTY - You promise that you own
the Property or, if this Loan is to buy the Property, you promise
you will use the Loan proceeds for that purpose. You promise that
no one else has any interest in or claim against the Property that
you have not already told us about. You promise not to sell or
lease the Property or to use it as security for a loan with another
creditor until the Loan is repaid. You promise you will allow no
other security interest or lien to attach to the Property either by
your actions or by operation of law.
4. PROTECTING THE SECURITY INTEREST - If your state issues a
title for the Propert yy, you promise to have our security interest
shown on the title. We may have to file what Is called a financing
statement to protect our security interest from the claims of
others. If asked to do so, you promise to sign a financing
statement. You promise to do whatever else we think is necessary
to protect our security interest in the Property. You also promise to
pay all costs, including but not limited to any attorney fees, we
incur in protecting our security interest and rights in the Property,
to the extent permitted by applicable law.
5. USE OF PROPERTY - Until the Loan has been paid off, you
promise you will: (11 Use the Property carefully and keep It in good
repair. (2) Obtain our written permission before making major
changes to the Property or changing the address where the
Property is kept. (3) Inform us in writing before changing your
address. (4) Allow us to inspect the Property. (S) Promptly notify
us if the Property is damaged, stolen or abused. (6) Not use the
S. PROPERTYANSURANCE, TAXES AND FEES - You promise to
pay all taxes and fees (like registration fees) due on the Property
and to keep the Property insured against loss and damage. The
amount and coverage of the property insurance must be
acceptable to us. 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 us and to
deliver the policy or proof of coverage to us if asked to do so.
If you cancel your insurance and get a refund, we have a right to
the refund. If the Property is lost or damaged, we can use the
insurance settlement to repair the Property or apply it towards
what you owe. You authorize us to endorse any draft or check
which may be payable to you in order for us to collect any refund
or benefits due under your insurance policy.
If you do not pay the taxes or fees on the Property when due or
keep it insured, we may pay these obligations, but we are not
required to do so. Any money we spend for taxes, fees or
Insurance will be added to the unpaid balance of the Loan and you
will pay interest on those amounts at the same rate you agreed to
pay on the Loan. We may receive payments in connection with the
insurance from a company which provides the insurance. We may
monitor our loans for the purpose of determining whether you and
other borrowers have complied with the insurance requirements of
our loan agreements or may engage others to do so. The insurance
charge added to the Loan may include (1) the Insurance company's
ne.,manfc to iic anti 191 the root of determinina comoliance with
7176973713 P.05i05
Loan No. Acct. No. "---?--
tie insurance requirements. If we add amounts for taxes, fees or
insurance to the unpaid balance of the Loan, we may increase your
payments to pay the amount added within the term of the insurance
or term of theq Loan.
7. INSURANCE NOTICE - If you do not purchase the required
property insurance, the insurance we may purchase and charge you
for will cover only our interest in the Property. The insurance will
not be Ifablllly insurance and will not satisfy any state financial
responsibility or no fault laws.
S. DEFAULT - You will be in default if you break any promise you
make or fail to perform any obligation you have under this
Agreement. You will also be in default under this Agreement if the
Loan is in default.
9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When you are in
default, we may demand immediate payment of the outstanding
balance of the Loan without giving you advance notice and inks
possession of the Property. You agree the Credit Union has the right
to take possession of the Property without judicial process if this
can be done without breach of the peace. If we ask, you promise to
deliver the Property at a time and place we choose. We will not be
responsible for any other property not covered by this Agreement
that you leave inside the Property or that is attached to the
Property. We will try to return that property to you or make it
oval fable to you to claim.
After we have possession of the Property, we can sell it and apply
the money to any amounts you owe us. We will give you notice of
any public sale or the date after which a private sale will be held.
Our expenses for taking possession of and selling the Property will
be deducted from the money received from the sale. Those costs
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 the Bankruptcy Code. The rest of the sale money
will be applied to what you owe under the Loan.
If you have agreed to pay the Loan, you will also have to pay any
amount that remains unpaid after the sale money has been applied
to the unpaid balance of the Loan and to what you owe under this
Agreement. You agree to pay interest on that amount at the same
rate as the Loan until that amount has been paid.
10. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE LOAN -
We can delay enforcing any of our rights under this Agreement any
number of times without losing the ability to exercise our rights
later. We can enforce this Agreement against your heirs or legal
representatives. If we change the terms of the Loan, you agree that
this Agreement will remain in effect.
11. CONTINUED EFFECTIVENESS • If any part of this Agreement is
determined by a court to be unenforceable, the rest will remain in
effect.
12. NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A
MOTOR VEHICLE - The motor vehicle in this transaction may be
subject to repossession. If it is repossessed and sold to someone
else, and all amounts due to the secured party are not received in
that sale, you may have to pay the difference.
13. NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful
for you to fail to return a motor vehicle that is subject to a security
interest, within thirty days after you have received notice of default.
The' notice will be mailed to the address you gave us. It is your
responsibility to notify us if your address changes. The maximum
penalty for unlawful failure to return a motor vehicle is one year in
prison and/or a fine of $150,000.00.
C1 The foNow2y no*@ s ONLY when Me box at ietif is marked.
14. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT
CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES
WHICH THE DEBTOR COULD ASSERT AGAINST THE
SELLER OF. GOODS OR SERVICES OBTAINED PURSUANT
HERETO O WITH THE PROCEEDS HEREOF. RECOVERY
HEREUNDE BY THE DEBTOR SHALL NOT EXCEED
AMOUNTS AID BY THE DEBTOR HEREUNDER.
1S. OTHER P OVISIONS -
TOTAL P.05
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. Section 4904 relating to unsworn falsification to authorities.
Plaintiff
AmeriChoice Federal Credit Union,
BY
DATED: cS?/Dw
James Glaffel r, Vice-President
A
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W/ry
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2006-02999 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AMERICHOICE FEDERAL CREDIT UNI
VS
MYSLINSKI MARK M
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
MYSLINSKI MARK M
but was unable to locate Him
deputized the sheriff of BERKS
serve the within COMPLAINT & NOTICE
in his bailiwick. He therefore
County, Pennsylvania, to
On June 28th , 2006 , this office was in receipt of the
attached return from BERKS
Sheriff's Costs: So answ
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
Dep Berks County 28.45 Sheriff of Cumberland County
Postage 1.02
66.47 '7/I /0
06/28/2006 /.
THE SHAGIN LAW GROUP
Sworn and subscribe to before me
this day of
A. D.
Iff The Court of Common Pleas of Cumberland County, Pennsylvania
Americhoice Federal Credit Union
vs.
Mark M. Myslinski
No. 06-2999 civil
Now, MaS 31. 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of >rks County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
0?4 ? ...-,4?
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
20 , at o'clock M. served the
at
--t
by handing to
a copy of the original
and made known to
So answers,
Sheriff of
Sworn and subscribed before
me this day of , 20
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
County, PA
L:
the contents thereof.
01 :11 b L Z PC 9001
DAWNS 11-ii Eu 131JJO
??tiRTY•IN?
? C
S. COU??
SHERIFF OF BERKS COUNTY
633 Court Street, Reading, PA 19601
Phone: 610-478-6240 Main Fax: 610-478-6222 Sheriff Fax: 610-478-6072
Barry Jozwiak, Sheriff
DOCKET NO. 06-2999
COMMONWEALTH OF
PENNSYLVANIA:
COUNTY OF BERKS
Eric J. Weaknecht, Chief Deputy
AFFIDAVIT OF SERVICE
Personally appeared before me, BRENDA STROUSE, Deputy for Barry J. Jozwiak, Sheriff of Berks
County, 633 Court Street, Reading, Pennsylvania, who being duly sworn according to law, deposes and says
that on JUNE 6, 2006 at 10:35 AM, he served the annexed COMPLAINT IN CIVIL ACTION upon MARK
M. MYSLINSKI, within named defendant, by handing a copy the f to PAM MYSLINSKI, ADULT
MEMBER OF HOUSEHOLD (WIFE), at 549 S. 15 1/2 STRE AD G Berks County, Pa., and
made known to defendant the contents thereof.
OF BERKS CO., PA
Sworn aX4 subscribed before me
this 19 day of JUNE, A06
ARY
NOTARIAL SEAL
Tammy Rodriguez, Notary Public
Reading, Berks County
My commission expires October 6, 2007
Sheriff's Costs in Above Proceedings
$ 75.00 DEPOSIT
$ 28.45 ACTUAL COST OF CASE
$ 46.55 AMOUNT OF REFUND
Service made as set forth above.
Answers,
&I -
SHERIFF OF BERKS COUNTY, PA
All Sheriff s Costs shall be due and payable when services are performed, and it shall be lawful for him to
demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all
unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof.
Sec. 2, Act of June 20, 1911, P.L/ 1072
CO., PA
Curtis R. Long
Prothonotary
office of the i3rotbonotarp
Cumberfaub Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
401, - L9Q9 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