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HomeMy WebLinkAbout02-2133BELCO COMMUNITY CREDIT UNION Plaintiff VS. EARL A. LINDSAY Defendant : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION-LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT ~AVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 BELCO COM~ELTNITY CREDIT UNION Plaintiff VB. EARL A. LINDSAY Defendant (s) : COURT OF COMMON PLEAS OF : CUMBERLAND COUITrY, PENNSYLV2~NIA : RI,k:] : CIVIL ACTION - LAW COMPLAINT 2 o o Plaintiff is Belco Federal Credit Union, hereinafter referred to as "BELCO", a Pennsylvania Corporation with an office at 403 N. 2nd Street, Harrisburg, Dauphin County, Pennsylvania 17108. Earl A. Lindsay, a Defendant, is an adult individual with an address at 124 Woods Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. Defendant borrowed money, from Plaintiff with the promise to make monthly payments on the account, in accordance with his Application, which is attached hereto, marked Exhibit A and made part hereof. Defendant's delinquent balance on the account is $17,756.26. Because of Defendant's failure to pay the account off and in accordance with the standard Security Agreement, a copy which is attached hereto, marked Exhibit "B" and made part hereof, Defendant owes an attorney commission of $2663.44 for a total of $20,419.70. Defendant has failed and refused to bring his account current. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. WHEREFORE, Plaintiff requests entry of judgment against Defendant in the amount of $20,419.70 together with costs of suit thereon. Date: Respectfully, S~hmitted, Arthur M. Feld, Esquire Attorney I.D. No. 07172 1309 Bridge Street New Cumberland, PA 17070-1116 (717) 770-0292 Attorney I.D. # 07172 1 MEMBER INFORMATION DATE MEMBER ACCOUNT NUMBER 09/28/01 754980 L 3 172303164 EARL A LINDSAY 124 WOODS DR U C.D Ut% HI'I .~ f RD. B~ 82 1-1~ PA 17108 Kc COHDmO.B O~ ~UR U:~,U,~,' C,'~IT *aREm~ $ 16.841.07 OTHER MECHANICSBURG PA 17055 ORn. O"ENo.N~W~aOn~SSI I 60 MO SIGNATURE CHANGES SINCE LAST ADVANCE MARITAL S'TATU - IX) NOT ~ IF APP~.YING FOR INDIVIDUAL UNSECURED CREDIT UNLESS YOU RESIDE OR ARE RELYII~ UPON .FR~ER~ IN A COMMuNrr~ P~OPERTY ~TATE [AZ~ CA~ ID~ LA. NV, NM, TX, WA, ~). I IU"~R'ED I I~"ED ~OURCE OF OTHER INCOME 3 SE(~lltlRrrY q~:FI~RED IN ADDITION TO ll.tE PLEDGE OF SHARES IN 'fOUR LOANUNERe CREDIT A~REEMENT, THE FOLLOWING PROPERTY SECURES THE A~VANCE: PflOI=SRTY MO0~. YEAR I.D. NUMaER TYPE VALUE ACCOUNT ~8). ~: 4 PAYME~ ~RMS ~LYP~C~ ~NU~PERCENTA~E~ ~~ ~(~m~ n~a ~ ~nn ~ ~ ~v~ 6~/28/01 WEEKLY PR~E~D LOAN ~RM ~R INSU~CE I.D.AN MMIT S =.~ 0.00 16.841.075 1 ~.,~41.07 $ s 0.00 APPROXIMATELY 260 WEEKLY PAYMENTS S I~IGNATI1JRE$ maNSa. Ow BY SIGNING BELOW OR UND~ ~E ~8~ ~ ~E A~E P~DS CHECK ~ ~ * ~ MA~ ~D BE ~ND BY~E~M80F~E SE~R~ ~R~. * ~AT ~E CR~ UNION WI~ R~Y ON ~E IN~RMA~ON IN SE~N 2 ~ ~ A ~ ON ~S A~A~ 6 ~R CRED~ UNION USE ONLY REGUESTED: ~ ~ R ~~Y~Rc FIRST INSURANCE PLAN I SUBACCOUNT NO. CASH LOAN NUMBER 'TNUMEER REFERENCE NUMBER gRANCH NUMBER PROCE~SEDBY CUI~UTUAL INSURANCE SOCIEW, 1980, 82, 84, 86. 89, ALL RIGHTS RESERVED CREDIT UNION V~T{~4 6849LL INSTRUCTIONS: 1 Read all d(=can~ents; Complete (2) '~is application for credit and elgn all of~nature erea~ on the revere, aide ~ (3) Attacfl a copy of APPLICATION your m=,~.t ~ stub: (4)~., or ~, ~ur application; 15) If you are interested in a Home Equity PLEASE PRINT (IN INK) OR TYPE ~oan Cease ask us for addltion~ informetio,. PLEASE CHECK [] THE SERVICES YOU ARE APPLYING FOR (800) 642-44a2 e~L 6251 Cemmited to Q~litI Semite Fax (717)720.6257 [] LOANLINEFP Account [] VISAe Classic Credit Card _ Credit limit Req. $ Amount Requested $ [] VISA' Gold Card Purpose / Collateral [] VISA' Check Card Amt. Req. (with access to your line of credit) NOTE: You must have a Share Draft account to qualify for a VISA' Check Card. NOTICE: Married Applicants may apply for a separate account. Check the appropriate Pox below to indicate the type of credit for which ndlvapplying' idual Credit: Complete Applicant section. Complete other sections as follows: (1) Information about your spouse if you live in a community property state (AZ, CA, ID, LA, NM, NV, TX, WA, WI) or if your spouse will use the Account. (2) Information about the party making the payments if you are relying on alimony, spousal support, child support or separate/spousal maintenance as a basis for repayment. [] Joint Credit: Provide information about poth of you by completing Applicant and Co-Applicant sections. 2 APPL~n' [] CO-APPUCANT [] SPOUSE [] GUARANTOR DEBTS ~. SECOND ~ $ $ $ ~ $ $ $ ASSET~ PROPER~ ~E $ FIRST ~E H~ BY ~ER M~S $ $I $ IS ~E PROPE~ DE~RIB~ IN ~IS SE~ON: ~UR PRI~I~L ~? ~ YES ~ US~DAS~EAPPMC~S~DRESSIN~E'APPLI~INFOR~~? ~YES ~ A~OF~R~E? ~Y~ ~JRM~E S0ClE~Y, 1980, 82. 84. 86, 86, AU. RIGHTS RESERVED CONTINUED ON REVERSE SIDE CMIG 7-CUST510-A (11/97) BELCO COMM FOR V~SA APPLICANTS ONLY [~ F-~ F--~ ~ Personal Identification Number: Choose 4 numbers or letters unique to you alone. (Do not use 0000 or the letters Q or Z as part of your Personal Identification Number.) bi.-b R I [lin IT IS IMPORTANT THAT YOU READ ALL THE PROVISIONS OF THE CONTRACT AND ADDENDUM THOROUGHLY BEFORE YOU SIGN BELOW. SIGNATURES You acknowledge that everything you have stated in this apply the balance in these accounts to any a'rnounts (~ue. If no ,;. application is correct to the best of your knowledge, if there are any account number is indicated below, you authorize us to apply the important changes, you will notify us in writing immediately. You balance in your individual and joint share accounts at the time of authorize the credit union to obtain credit reports in connection with default to pay any amounts due. Shares and deposits in an this application for credit and for any update, renewal or extension Individual Retirement Account, and any other account that would of the credit received. You understand that the credit union will rely lose special tax treatment under state or federal law if given as on the information in this application and your credit report to make securi~ are not subject to the securh'y interest you have given in its decision. If you request, the credit union will tell you the name your shares and deposits. and address of any credit bureau from which it received a credit report on you. It is a federal cdme to willfully and deliberately provide incomplete or incorrect information on loan applications Account # Account I~ made to federal credit unions or state chartered credit unions You Have Received And Read The Agreement For Each insured by NCUA. Service You Have Applied For. By signing below, you agree to If you are applying for a LOANMNER plan or a VISA Classic be bound by the terms of the agreement for each service checked Card, VISA Gold Card or VISA Check Card account, the on the front of this application. following apply: I UNDERSTAND THAT MY FACSIMILED SIGNATURE ON THIS You grant us a security interest in the following share accounts to APPLICATION SHALL HAVE THE SAME FORCE IN EFFECT secure what you owe. When you are in default you authorize us to AS MY ORIGINAL SIGNATURE. "You" or "Your" mean~lthe membe~and the joint insured (if month and understand that interest will accrue on these charges CREDIT applicable), the same as it accrues on amounts of advances which are added INSURANCE Credit insurance la voluntary and not required in order to to your Loan Balance. APPECATION/ obtain your loan. You may select any insurer of your choice. You DO NOT SIGN THIS APPLICATION IF IT CONTAINS ANY SCHEDULE have established an open-end Loan Plan with the Credit Union. BLANK SPACES. This Applloation ia void and will not be used Please Your Loan Plan may consist of one or more Loans. You are In a contsst ff all blank apasae have not been comploted, lfthe complete ifyou applying to the Society for credit insurance. You authorize the member has not signed and dated the Applloaifon, and If the are applying for charges for insurance to be added to your Loan Balance each Applfoaifon has not been wifnesm~d. aLOANLINEFP INSURED MEMBER BORROWER'S DATE OF BIRTH ACCOUNT NUMBER DATE OF ISSUE OF CER31RCATE Plan, VISA Credit Card Check Card. THE FnL~VING STATEMENTS MADE BYYOU ARE REPRESENTATIONS AND ARETRUETOTHE BEST OFYOUR KNOWLEDGE AND BEMEF: CREDIT LIFE INSURANCE CREDIT DISABlUTY INSURANCE LOANIJNER VISA COST PER $100 OF LOANUNER ACCOUNT ACCOUNT COVERAGE YOUR MONTHLY ACCOUNT COVERAGE PREMIUM YES NO YES NO SELECTED LOAN BALANCE YES NO SELECTED SCHEDULE SF.E SEPARA'~ WAGES A MINIMUM OF 25 HOURS A W~EK? ARE YOU ARE YOU 65 ? ~/~IKMU~R NONE ACE FOR NONE ~S FOR 70 MEN~. UNOa~ C~=DIT UFE KO as~au'r~, 'mE INSURANCE INSURANCE FOR COVERAGE IS 65 ~ NO TERMINATION AaE REQUIREMENT. wua~uM asu~a,= aALANCE FE~ EDeN ~,CCOUf~ $50,000 If yOU are totally disabled for more than 14 days, vSlGNATUREOFBORROWEREUGIBLETOBEINSURED DATE then the disability benefit will begin with the 15th xc! A(~'=~'~''~''~'~*r~'~'~'~) ;~ day of disability. X X 9 DO NOTWRITE BELOW -- FOR CREDIT UNION USE ONLY CREDIT UNION USE ONLY L~NOmCER ADVANCE APPROVED ~'IYES [-]NO REFERREDTO [] COUNTER OFFER WILL BE MADE, IF ACC~:P ! ED, ADVANCE APPROVED. LOAN OFFICER SIGNATURE DATE CREDIT COMMITrEE/CREDIT OFFICER SIGNATURES DATE bi-L R SECURITY AGREEMENT In this agre~'ment all references to "credit union" mean the credit union v/hose ' credit union and to deliver the policy or proof nf coverage to the credit union name aDp,tars on this agreement and acyone tn whom the credit union if asked In do. ~. ~ssigns the LOANLINER ' Credit Agreement. ,~i! :,,[erm~,ces to "the advance" if yeu r;~r,c?~ ,our insurance and get a refund, the credit union has a right to mean the amount in the box labeled "New ~;n,;. ~_" Alhr'ferences to "you" the ¢,~:~,r,.k ~ the property is Io~t or damaged, tile ,:'edit umon can use the mean each person who signs this agreement, insulanco .--,;:[lement to repair thc property, or aPt~' :~ towards what you owe. THE SECURITY FOR THE LOAN -- By signing this security agret,,,,ent iu ~.he You autlmn:e the credit union to indorse any draft or check which may he signature area or under the statemeqt referring to this agreement which is on payable to you in order fo~ the credit union to collect ,~n'! refund or benefits the 9uck of the check you receive for the advance, you give the credit union due under your insurance policy. whet is known as a sec'urity interest in the property described in the "Security --i~' you do ~ot pay the taxes or fees on the prope~., when due or keeo it Offered section. Tile security interest you give includes ail accessions, insured, the credit union may nay these obligations, but is not requireP to Accessions are tilings which are attached to or installed in the property now or in the future. The security interest also includes any replacements for the proDer?,' which you buy within 10 days of the advance or any extensions. renewals or refinancing of the advance. It also includes any money you receive from selling the property or from insurance you have on the property. If the value ct the properly declines, you promise to give the credit union more property as security il asked to do so. WHAT THE SECURITY INTEREST COVERS ~ The security interest secures the advance and any extensions, renewals or refinancings of the advance. It also secures any other advances you have now or receive in the future under the LOANLihlER Credit Agreement. any other loans you have wdh the credit union, including any credit card loan. and any other amounts you owe the credit union for any reason now or in the future, except any loan secured by your principal residence, if the property, description is marked with two stars (- ,), or the propert.v is household goods as detined by the Credit Practice Rule. the properb/will secure only the advance and not other amounts you owe. OWNERSHIP OF THE PROPERTY -- You promise that you own the propertY, or if this advance is to buy the property, you promise you will use the advance tor that purpose. Y(~u promise that no one else has any interest in or claim against the property that you have not already told the credit union about. You promise not to sell or lease the property or to use it as security for a loan with another creditor until the advance is repaid. You promise you will allow no security interest or lien to attach to the propert7 either by your actions or by operation of law. PROTECTING THE SECURITY INTEREST -- If your state issues a title for the property, you promise to have the credit union's security interest Shown Ori the title. The credit union may have to file what is called a financing statement to protect its security interest from the claims of others. If asked to do so. you promise to sign a financing statement. You also promise to do whatever else the credit union thinks is necessary to protect its security interest in the property. USE OF PROPERTY ~ Until the advance has been paid off, you promise you will: (1) Use the property carefully and keep it in good repair. (2) Obtain written permission from the credit union before making major changes to the property. (3) Inform the credit union in writing before changing your address or the address where the property is kept. (4) Allow the credit union to inspect the property. (5) Promptly notify the credit union if the property is damaged, so; Any money the credit union spends for taxes, fees or insurance will be added id the unpaid balance of the advance and you will pa,,' interest on those amounts at the same rate you agreed to pay on the advance, il the credit umon adds amounts for taxes, fees. or insurance to the nnpaid balance of your advance, your payments may be increased by the amount necessa~' for the .advance to be paid off in the same number o{ months originally scheduled. DEFAULT -- You will be in default if you breck any promise you make unde~ ' this agreement. You will also be in default if you are in default under the LOANLINER ' Credit Agreement. If you are pledging property, but have not signed the LOANLINER Credit Agreement, you win be in default if anyone is in default who has signed the LOANLINER- Credit Agreement. WHAT HAPPENS IF YOU ARE IN DEFAULT -- When you are in dstault, the credit union can, without advance notice to you, require immediate payment of what you owe under the LOANLINER Credit Agreement and take possession of the property. You agree the credit union has the right to take -.possession of the property without going to corot and without giving you advance notice, if you are asked to do so by the credit union, you promise to deliver the property at a time and place the credit union chooses. The credit union will not be responsible for any of your other property, not covered by this agreement, that you leave inside the prope~. The credit union will try to return that PrOPerty to you or make it available for you to claim. After the credit union has possession of the property, it can sell it and apply the money received to any amounts you owe the credit union. The credit - Pdion will give you notice of any public sale or the date after which a private .'sale will he held. The expenses of the credit union for takit~g 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 §506(b) of the 8ankruptcy Code. The rest of the sale money will be applied to what you owe under the LOANLINER? Credit Agreement. If you have agreed to pay the advance, you will also have to pay any amount that remains unpaid after the sale money has been applied to the unpaid - balance of the advance and to what you owe under this agreement. You agree .-to pay interest on that amount at the same rate as the advance until that amount has been paid~ :. 'DELAY IN ENFORCING RIGHTS AND CHANGES IN THEAGREEMENT-- The stolen or abused. (6) Not use the property for any unlawful pUrPose. ~:redit union can delay enfoming any of its rights'bnder this agreement an~, ~number of times without losing the ability to exemise its rights later. The credit PROPERTY INSURANCE, TAXES AND FEES ~ You promise to pay all taxes union can enforce this agreement against your heirs or legal representatives. and fees (tike registration fees) due on the property and to keep the property if the credit union changes the terr~s of the LOANLINER Credit Agreement. insured against loss and damage. The amount and coverage of the property you agree that this agreement will continue to protect the credit union. insurance must be acceptable to the credit union. You may provide the - property insurance through a policy you already have. or through a policy :CONTINUED EFFECTIVENESS -- If any part of this agreement is determined you get and pay for. You promise to make the insurance policy payable to the by a court to be unenforceable, the rest will remain in effect. FOR TENNESSEE CREDIT UNIONS ONLY ~ FOR NORTH DAKOTA CREDIT UNIONS ONLY- APPLIES USE WHEN AUTOMOBILE IS PURCHASED ONLY WHEN A MOTOR VEHICLE IS PURCHASED NOTICE: If you do not purchase the insurance required on the automobile NOTICE: THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT and the credit union purchases the insurance, the insurance pumhased by TO REPOSSESSION. IF IT iS REPOSSESSED AND SOLD TO SOMEONE the credit union will cover only the credit union's interest in the property. ELSE, AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT The insurance will not be liability insurance. RECEIVED IN THAT SALE, YOU MAY HAVE TO PAY THE DIFFERENCE. You have read the above statement and acknowledge that the credit union has explained .it to you. ' - · SIGNATURE DATE X _ THE PROPERTY DESCRIPTION ON THE REVERSE SIDE S~GN~,TURE ~ATE IS PART OF THIS AGREEMENT. X NOTICE: SIGN THIS AGREEMENT ON THE REVERSE SIDE. DO NOT WRITE BELOW ~ FOR CREDIT UNION USE ONLY CHECK APPLICABLE BOXIES) APPROVED $ DATE LIMITS SIGNATURE LiNE 0F CREDIT OTHER .... OTHER. DEBT RATIO COUNTER OFFER WILL BE MADE. IF ACCEPTED, ADVANCE APPROVED ~YES -~NO IF YES. ATTACH ADDITIONAL SHEET AND DESCRIBE ~, LOAN OFFICER ADVANCE APPROVED: ~-YES ~ NO ~ CREDIT COMMil'rEE OR OTHER OUTSIDE INFORMATION CONSIDERED: REFERRED TO?REASONIS) FOR REFERRAL: DESCRIBE COUNTER OFFER: SPECIFIC REASON[SI FOR REJECTION: SIGNATURES: DATE OATE ~'- LOAH OFFICER X X DATE DATE for t:he Pla±nt:i£f ±n t:hJ.s mat:t:er, t:hat: he/ 5. s aut:horizecl t:o make t:his affidavit: on its behalt.-' and t:hat the fact:s .qet: fort:h in the foregoing pleacting are true and correct: t:o t:he best: of his/her knowledge, informat:ion and bel±ef. SHERIFF'S RETURN - REGULAR CASE NO: 2002-02133 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BELCO COMMUNITY CREDIT UNION VS LINDSAY EARL A BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LINDSAY EARL A the DEFENDANT at 124 WOODS DRIVE MECHANICSBURG, PA 17055 at 2055:00 HOURS, on the 10th day of May LOT 19 by handing to DIANA LINDSAY, WIFE , 2002 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 Service Affidavit Surcharge 18 0O 6 90 00 10 00 00 34 90 Sworn and Subscribed to before me this /7 ~ day of ~t~ .. i;-~ 2_~ A.D. So Answers: R. Thomas Kline 05/13/2002 ARTHUR FELD By: D ep u~t y 'Sheriff'-