HomeMy WebLinkAbout06-3384MEMBERS IsT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
CRAIG A. TAYLOR and
RUTH E. TAYLOR
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. O/o - 320'/
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 I" FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PLAINTIFF PENNSYLVANIA
Vs. : NO.:
CRAIG A. TAYLOR and
RUTH E. TAYLOR
DEFENDANTS 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 at
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. St
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 1sT FEDERAL : IN THE COURT OF COMMON PLEAS
CREDIT UNION : CUMBERLAND COUNTY,
: PENNSYLVANIA
PLAINTIFF
Vs. : NO.: D(r - .3.3®y 2l Ut
CRAIG A. TAYLOR and
RUTH E. TAYLOR
DEFENDANTS : CIVIL ACTION-LAW
COMPLAINT
AND NOW, comes Members 15` 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 151 Federal Credit Union ("Members Pt"), is a National
Federal Credit Union having a principal address of 5000 Louise Drive,
Mechanicsburg, PA 17055.
1
2. Craig A. Taylor and Ruth E. Taylor (referred to herein collectively as
"Defendants"), are adult individuals having a last known address of 6 Fairfield
Lane, Mechanicsburg, PA 17050.
3. On or about July 2, 2005, Defendants executed a Pennsylvania Motor Vehicle
Installment Sale Contract (the "Note") in the original principal amount of
$39,728.97 which was immediately assigned to Members 1 s` as lender.
4. In connection with the Note, Defendants borrowed from and agreed to repay
to Members 1s` THIRTY NINE THOUSAND SEVEN HUNDRED TWENTY
EIGHT AND 97/100 ($39,728.97) DOLLARS for the purchase of the vehicle
set forth in the Note. A copy of the Note is attached hereto as Exhibit "A" and
made part hereof.
5. The Note has never been assigned by Members 0 and is still held by it as a
valid and subsisting obligation of Defendants.
6. Pursuant to the terms and conditions of the Note, Defendants agreed to pay to
Members 0 monthly installments of principal and interest in the amount of at
least $672.69 each beginning on August 11, 2005 and continuing on the
eleventh day of each month thereafter.
Defendants are in default of Defendants' obligations under the Note as a result
of Defendants' failure to make the payments due to Plaintiff as set forth in the
Note.
8. By letter dated May 4, 2006, addressed to Defendants ("Demand Letter"),
Members 1" exercised its rights under the Note and accelerated all amounts
due under the Note and demanded the payment of all amounts due under the
2
Note. A copy of Plaintiff s Demand Letter is attached hereto as Exhibit "B"
and made part hereof.
9. As of the date hereof, Defendants are indebted to Members 1St in the amount
of NINETEEN THOUSAND TWO HUNDRED TWENTY-EIGHT AND
24/100 ($19,228.24) DOLLARS itemized as follows:
a. Outstanding principal $17,035.07
b. Interest to June 14, 2006 393.17
c. Attorney's fees * 1.800.00
e. Total due to Members 1 st as of June 14, 2006 $19,228.24
*Attorney's fees are estimated based upon the terms and conditions set
forth and agreed to by Defendants under the Note. Defendants will be
responsible for the payment of actual reasonable attorney's fees incurred by
Members 1St
10. Defendants also agreed under the terms and conditions of the Note that in the
event of default there under Defendants would pay, in addition to the amounts
set forth in paragraph 9 above, costs incurred by Members 0 as a result of the
institution of these legal proceedings.
11. As set forth above, Members 1St has made demand upon Defendants to make
payment of all amounts due to Members V t under the Note and, as of the date
hereof, Defendants have failed and refused to make payment of all such
amounts due to Members 1St
WHEREFORE, Plaintiff, Members 1St Federal Credit Union, demands judgment
against Craig A. Taylor and Ruth E. Taylor in the amount of NINETEEN THOUSAND
TWO HUNDRED TWENTY-EIGHT AND 24/100 ($19,228.24) DOLLARS plus
interest at the legal rate, on and after the entry of judgment on this complaint through the
date of payment, additional attorney's fees and costs of suit.
Respectfully submitted,
Karl ICI. Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
4
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NOTORVEIRCLE INSTRUMENT SALE CONTRACT,
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EXHIBIT "A"
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B?YER,S .SLWERM0 CO-OWNER AS APPLICABLE, ACXNOAUDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT
ADDITIONAL TERMS AND CONDITIONS
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Trade CoMmhUon Used Car Trade Regulation Rule, the following notice apples
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contrary paraims in the contract of safe
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 OR WITH THE PROCEEDS HEREOF RECOVERY
HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER
KARL M. LEDEBOHM
ATTORNEY-AT LAW
P.O. BOX 173
New Cumberland, PA 17070-0173
Phone: 717-938-6929
Fax: 717-932-0317
May 4, 2006
(Via Certified and regular mail)
Craig A. Taylor
Ruth E. Taylor
6 Fairfield Lane
Mechanicsburg, PA 17050
RE: Members Is` Account No.: 000268295-01
Dear Craig A. Taylor and Ruth E. Taylor:
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 I" Federal Credit Union ("Members 1s ") has requested my office to
collect the amounts due to Member's 1St under the above account.
As you know, you are in default of your obligations under the above account (the
"Account") evidenced by a Pennsylvania Motor Vehicle Installment Sale Contract dated
July 2, 2005 in the original principal amount of $39,728.97 (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 1St has repossessed the 2005 Mercury vehicle which was the
collateral for the loan (the "Vehicle") and has sold the Vehicle. By letter dated December
14, 2005, Members 1 St provided to you the "Disposition of Proceeds Sale Notice"
indicating the balance due to Members 1St after application of the proceeds from the sale
of the Vehicle. Members 1St hereby accelerates all remaining amounts due to Members I"
under the Account and the Note after application of the amounts received by Members 1 s'
from the sale of the Vehicle and hereby demands the payment of all amounts due to
Members 1St under the Account and the Note in the amount of $17,553.24 itemized as
follows:
1. Principal $17,035.07
2. Interest to 393.17
3. Legal Fees 125.00
4. Total due to Member 1St as of 5/4/06 $17,553.24
EXHIBIT "B"
I
If you fail to deliver payment of the $17,553.24 to Members 1" within thirty
(30) days 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 IS`.
Nothing herein shall constitute or be construed as an agreement on behalf of
Members 1 s` 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
15` . 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 1 s` to postpone or
extend the maturity date under the Note.
Members 1" looks forward to the payment of the $17,553.24 together with
additional interest to the date that payment is delivered to Members 1 s` on or before June
3, 2006.
Very t ly yours, Al'
Karl M. Ledebohm
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. -
U.S. Postal c)cl RECEIPT I
CERTIFIED MAIL
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MEMBERS 137 FEDERAL : IN THE COURT OF COMMON PLEAS
CREDIT UNION : CUMBERLAND COUNTY,
: PENNSYLVANIA
PLAINTIFF
Vs. NO.:
CRAIG A. TAYLOR and
RUTH E. TAYLOR
DEFENDANTS : CIVIL ACTION-LAW
VERIFICATION
1, Stephanie McCreary, Collections Officer for Members 1% Federal Credit Union,
being authorized to do so on behalf of Members 1" 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. G.S.A. Section 4904, relating to unworn falsification to
authorities-
Members 1" Federal Credit Union
Account 268295-1n01
,y\
?cn
?h ? c -r n
u
SHERIFF'S RETURN - REGULAR
,; NCASE NO: 2006-03384 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MEMBERS 1ST FEDERAL CREDIT
VS
TAYLOR CRAIG A ET AL
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
TAYLOR CRAIG A the
DEFENDANT
, at 1015:00 HOURS, on the 20th day of June , 2006
at 6 FAIRFIELD LANE
MECHANICSBURG, PA 17050 by handing to
CRAIG TAYLOR
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof
Sheriff's Costs: So Answers:
Docketing 18.00
Service 7.04
Postage .39 ?
Surcharge 10.00 R. Thomas Kline'
.00
35.43,/ 06/21/2006
KARL LEDEBOHM
Sworn and Subscibed to By:
before me this day ?y 119
of A.D.
41 SHERIFF'S RETURN - REGULAR
, CASE NO: 2006-03384 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MEMBERS 1ST FEDERAL CREDIT
VS
TAYLOR CRAIG A ET AL
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
TAYLOR RUTH E the
DEFENDANT
, at 1015:00 HOURS, on the 20th day of June , 2006
at 6 FAIRFIELD LANE
MECHANICSBURG, PA 17050
by handing to
CRAIG TAYLOR HUSBAND
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
Service .00r
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
16.00,1 06/21/2006
n/???d ` KARL LEDEBOHM
Sworn and Subscibed to By:
before me this day put Sh r'f
of A. D.
±r
;.r
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)93&6929
MEMBERS I' ` FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PLAINTIFF PENNSYLVANIA
Vs. NO.: 06-3384 Civil Term
CRAIG A. TAYLOR and
RUTH E. TAYLOR
DEFENDANTS CIVIL ACTION-LAW
STATEMENT OF INTENTION TO PROCEED
To the Court:
The defendants, Craig A. Taylor and Ruth E. Taylor, filed for relief under the
United State Bankruptcy Code before the United States Bankruptcy Court for the Middle
District of Pennsylvania to docket number 1-06-01394, which bankruptcy matter remains
open as of the date hereof. Plaintiff, Members 1" Federal Credit Union, intends to
proceed with the above captioned matter only to the extent Plaintiff is not barred by
applicable Bankruptcy Law.
Date: September 28, 2009 Karl M.`Ledebohm, Esquire
/Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
r
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 " FEDERAL
CREDIT UNION
Plaintiff
VS.
CRAIG A. TAYLOR and
RUTH E. TAYLOR
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 06-3384 Civil Term
CIVIL ACTION -LAW
CERTIFICATE OF SERVICE
I, Karl M. Ledebohm, Esquire, hereby certify that on the 30'b day of September,
2009, I served a true and correct copy of the foregoing Statement of Intention to Proceed
upon the following individuals by first class mail, postage prepaid, addressed as follows:
Craig A. Taylor
6 Fairfield Lane
Mechanicsburg, PA 17050
James M. Bach, Esquire
352 South Sporting Hill Road
Mechanicsburg, PA 17050
Date: September 30, 2009
Ruth E. Taylor
6 Fairfield Lane
Mechanicsburg, PA 17050
J%'iui ivi. Lcuovuiuii, L3q.
('Attorney for Plaintiff
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
RLED-OfFa
OF THE PROTF MTAFrf
2009 OCT -I PM 2? O9
PENNSYLVANIA
David D. Buell
Prothonotary
Y,irkS. Sohonage, ESQ,
SoCicitor
r C i,
Renee X. Simpson
v Deputy Prothonotary
Irene E. Morrow
2"d cDeputy Prothonotary
Office of the Prothonotary
Cumberland County, Tennsykania
Ole-33 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 30TH DAY OF OCTOBER, 2012, 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,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square 9 Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fax (717 240-6573