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HomeMy WebLinkAbout02-3349WAYPOINT BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HARRY T. JUDY Defendant 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 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 / (800) 990-9108 Date: July 12, 2002 KEEFER WOOD ALLEN & RAHAL, LLP By: Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff WAYPOINT BANK, Plaintiff V, HARRY T. JUDY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 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 ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASlSTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 / (800) 990-9108 Date: July 12, 2002 KEEFER WOOD ALLEN & RAHAL, LLP Eugene E. Pepinsky, ,Ir. Attorney I.D. #23702 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff WAYPOINT BANK, Plaintiff V. HARRY T. JUDY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT 1. Plaintiff is Waypoint Bank, successor to Harris Savings Bank, a federal savings bank, with its principal office at 235 North Second Street, P.O. Box 1711, Harrisburg, Pennsylvania 17105. 2. Defendant Harry T. Judy, is an adult individual living and residing at 624 3rd Street, New Cumberland, Pennsylvania 17070-2017. 3. Defendant executed two (2) Personal Lines of Credit in favor of Plaintiff, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit Defendant has defaulted in his obligations under the Notes. Despite Plaintiff's repeated demands, Defendant has failed and refused and continue to fail and refuse to pay the current balances owed to Plaintiff under the Notes. WHEREFORE, Plaintiff demands judgment against Defendant in the amounts of $10,300.89 and $2,077.11, in the sum $12,378.00, together with interest, attorneys' fees and costs of suit. Date: July 12, 2002 KEEFER WOOD ALLEN & RAHAL. LLP. Eugene E. Pepinsky, Jr. Attorney I.D. No. 23,702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff -2- _, hereby veriflee =,nd states that: (S)He ~s A V'~ Of Harris Sav~ngs Bank. Plaintiff herein; (S)He is authm'i~.ed te make this Veriflcatio~ on i~ behalf;, The facts sat forth In ~ foregoing Complaint am tree and correc~ k) I~e be~t of (har)hl~ Knowledge, Information and belief; and 4. (S)J-le Is aware that false staeements herein are mede sub]act to the penalties of 18 Pa. C.S. § 4904. relating to unsWOm falSiF~cafion to authorities. Dated: H_A.¥ 14,2002 (-IARRIS SAVINGS BANK ~ERSONAL LINE OF CREDIT My Maximum Credit Limit Under This Agreement is ~ 10000. O0 Line of Credit Account Number 0'707016962 As used in this Agreement the words 'l, me and my" mean each and all of the persons who sign below as Borrower, The words "you and yours" mean: HARRIS SAVING BANK I (We) promise to repay any extensions of credit and proper charges to the Account, with Interest calculated in accordance with this Agreement. I (We) promise to pay each month at least the minimum payment due within 15 days of the billing date. If you file suit or take other legal action to collect the amount due on the Account, I will pay all costs incurred and · reasonable attorney's fee of et not less then 16% of the amount due. I promise to repay upon demand any extension of credit on the Account to the extent that the outstanding crlnclpal balance on the Account exceeds the authorized credit limit; Dayment under this sentence will be due in addition to the minimum payment due on the Account. If you temporarily prohibit further extension of credit. I promise to continue to make the minimum payments due on the Account, unaffected by the temporary prohibition. MAXIMUM CREDIT LIMIT: I understand that you will advise me from time to time of the maximum amount of the loan advances that you will extend to me under this Agreement~ I agree that the total outstanding balance under this Agreement will not exceed my Maximum Credit Limit. ~f you approve any loan advances for me above my maximum Credit Limit (which you do not have to do). I will pay you the amount above my Maximum Credit Limit on demand. Loan Advances: ~ can obtain loan advances in the following ways: Automatic Overdraft Advences~'--~ if checked, I can write a personal check for more than the balance on my personal check account # and you will auto- matica~ly t~ansfer to my checking account an amount sufficient to cover the overdraft. The minimum loan advance that Borrower can obtain at any time Is Special Checks: [] if checked you will supply me with special checks which I may use to obtain loan advances. I may negotiate these checks to a third party as I would a regular check. The minimum advance that I can obtain at any time is ~1~00. O0 , H/~RRIG SAVING BANK CHECK AND ATM CARD: [] if checked, you will provide to me a Check and ATM Card which I will use to obtain loan advances by using my (our) Personal Identification Number and the Check and ATM Card at the Money Access Card (MAC) or VISA "AutomatedTeller Machrne"(ATM),or I can obtain loans to purchase goods or services by using the Check and ATM Card at any participating MAC or V1SA merchant that accepts the Check and ATM card, AI~ loan advances together will be considered a single, consolidated loan. I agree that each check or the computer record of each transaction generated by me will constitute my written authorization required by law. PERIODIC STATEMENT: You will send me a monthly statement showing the status of my Account and when payments must be made. FINANCE CHARGE: I understand that ~ will be charged a Finance Charge on all loan advances. The FINANCE CHARGE begins the date each loan advance is posted to my Account at the Daily Periodic Rate of 0.03(~98(~ %. That Daily Periodic Rate, when multiplied by 365, is equal to an ANNUAL PERCENTAGE RATE of 13.50 %. You figure the Finance Charge on all my Account the following way:First, you figure the balance of my Account each day in the billing cycle by adding new loan advance posted to my Account to the opening loan balance as of that day. You then subtract any payments or credit posted that day. This gives you my daily balance. Then you multiply my balance subject to a Finance Charge each day in the billing cycle by the Daily Periodic Rate, and add each day's Finance Charge for the actual number of days in the birling cycle. This gives you the Finance Charge for the billing cycle. VARIABLE RATE.[-'~ if checked, the Annual Percentage Rate at any time will determined by adding the "margin.'* which will not change during the term of the Account. to the "index" value, which will change from time to time. The Annual Percentage Rate does not include costs other than interest. The Annual Percentage Rate can change on the first day of each billing cycle ("Rate Change Date"). The margin for the Account is ~ % percentage points. The index is the highest Prime Rate published in The Wall Street Journal and in effect as of the 16th day of each month prior to the Rate Change Date, The ANNUAL PERCENTAGE RATE will never exceed 18 o 00 % during the term of the Account. Any change in the Annual Percentage Rate will be applicable to the then outstanding balance on the Account and any subsequent loans or extensions of credit, until the Annual Percentage Rate changes again. Any increase in the Annual Percentage Rate may result in · corresponding increase in the Minimum Monthly Payment. PAYMENT: I understand that I can pay my outstanding balance In full at any time before it is due. r promise that I will pay at least the Minimum Payment which will be 3% of the ending new balance for each billing period, plus Finance Changes. voluntary credit ~nsurance premiums, If elected, late changes end any other fees. LATE CHARGE: Borrower agrees to pay a late charge of 10.00 %of the payment amount but not less than ~.0.00 if any payment is not made on its due date shown on the monthly statement. No late charge will be due if the reason the payment Is late is a continuing delinquency on s prior payment or because, after default, the entire outstanding balance became due. DEDUCTION:[~ If checked, I authorize you to automatically AUTOMATIC PAYMENT deduct my monthly payment from my Account {No. ) that I maintain with you, on the date each monthly payment is due. I agree to maintain a balance in the Account sufficient to cover the monthly payment when it is due. You may. at your sole discretion, terminate the Automatic Payment Deduction. If the Automatic Payment Deduction is terminated for any reason, the interest rate on my loan will increase by . The new rate will be effective on the first payment due date following the cancellation of the Automatic Payment Deduction. ANNUAL FEE: Borrower agrees to pay an annual fee of ~'15 o 00 which will be included in your charges after the anniversary month of your loan. APPLICATION OF PAYMENTS: You will apply payment in the following order of priority: first to any fees, then to interest, then to optional credit life insurance premiums, if any, then to principal. GOVERNING LAW, AMENDMENTS AND NOTICES:This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, State of Maryland, by Subtitle 9, Credit Grantor Open - end Credit Provision of Title 12 of the Commercial Law article of the Annotated Code of Maryland, and by Federal taw, as applicable. All written notices from you to me shall be effected by ordinary mall addressed to me at such address as it appears on your records. Note of the terms of the Agreement may be changed or modified orally or by course of dealing between you and me, but only in a written agreement signed by you. You reserve the right to amend or modify the provisions hereof at any time by mailing such amendments and modifications to me, You will advise me by mail 30 days prior to the effective date of any amendment or modification. JOINT LIARILITY: If this Agreement is accepted by more than one Borrower, each shall be jointly and severally liable and agrees to pay you for all loan advances pursuant to the terms of the Agreement. DEFAULT: I will be in default if: (a)I fall to make any required payment on time; or (bi Any statement in my application Is false; or (c) I fall to pay any other debt I owe you; or {d) I become involved in bankruptcy or similar insolvency proceedings; or (e) I fail to keep any of promises under this Agreement. REMEDIES ON DEFAULT: On default, as provided in the paragraph above, your agreement to extend credit shall be terminated, and all of my obligations under this Agreement shell be immediately due and payable, If any amount due you is referred to any attorney for collection, I may be charged reasonable attorneys' fees. PERIODIC REVIEW: You have the right to review my credit performance with you and other creditors and upon request from you I must provide you with verification of my income at any time, If you reasonably believe I will not be able to meet the repayment requirements due to: s.) the closing out of deposit accounts with you and the termination of automatic payment provision (if elected); b.) the institution of suits by other creditors indicating financial distress on my part; or c.) the incurring of sJgniRcant additional secured or unsecured debt which in your reasonable belief would challenge my ability to remain current with the loan; you have the right to demand payment in full with a 30 day notice from you. TERMINATION: This Agreement may be terminated by you st any time by written notice sent to me; however, the termination shall not affect my responsibility to pay my outstanding obligations under this Agreement. CREDIT INSURANCE IS NOT REQUIRED. Credit Life Insurance is not required to obtain credit, and will not be provided unless Sorrower(s) signs below and agrees Itc pay the addltronal cost(s). Coverage ia available to Sorrower(si under 65 years of age. By signing, Borrower requests Single Credit Life Insurance. which costs Sy signing. Sorrower requests Joint Credit Life Insurance, which costs month per $1,000.00 of the actual daily balance. ~ per month per $1,000,00 of the actual daily balance. per HARRIS SAVINGS BANK MyMaximumCreditLimitUnderThi~Agreementis$ 2a, O00,O0 PERSONAL LINE OF CREDIT Line of Credit Account Number 0'70'7000162 As used in this Agreement. the words "h me and my" mean each and all of the persons who sign below as Borrower. The words "you and your" mean: HARRIS SAVINGS BANK ~lWe) promise to repay any extensions of credit and proper charges to the Account, with interest calculated in accordance with this Agreement. I~e) promise to pay each month at least the minimum payment due within 15 days of the billing date. If you file suit or rage other legal action to collect the amount due on the Account, I will pay all costs incurred and a reasonable attorney's fee of not less than 15% of the amount due. I promise to repay upon demand any extension of credit on the Account to the extent that the outstanding principal balance off the Account exceeds the authorized credit limit; payment under this sentence will be due iu addition to the minimum payment due on the Account. If you temporarily prohibit further extensions of credit, I promise to continue to make the minimum payments due on the Account, unaffected by the temporary prohibition. MA1~NII~ CREorr UMIT; I understand that you will advise me from time to time of the maximum amount of loan advances that you will extend to me under this Agreement. I agree that the total outstanding balance under this Agreement will not exceed my Maximum Credit Limit. If you approve any loan advances for me above mY Maximum Credit Limit (which you do not have to do), I will pay you the amount above my Maximum Credit Limit on demand. LOAN ADVANCe: I can obtain loan advances in the following ways: Alltmrmi~ Ogerdflllt Adgall~S: I If checked, I can wdte a personal check for more than the balance off my personM cheddng account # O?O002<~66'7and Wu wfil auto- matically tsensfer to my checking account an amount sufficient to c~ t~neeerdcafl. The minimum loan advance that ~orrower can ~taln at any file is ~ '~ o~v . ~-~lal C111t1~: ~ If checked, you will supply me with special checks which I may use to obtain loan advances. I may negotiate these checks to a third party as I would a regular check. The minimum advance that I can obtain at any time is 100.00 HARRIS SAVINGS BANK CHECK AND ATM CARD: [] If checked, you will provide to me a Check and ATM Card which I will use to obtain loan advances by using my(our) Personal ~dentification Number and the Check and ATM Card at any Money Access Card (MAC) or VISA "Automated Teller Machine" [ATM), or I can obtain loans to purchase goods or services by using the Check and ATM Card at any participating MAC or VISA merchant that accepts the Check and ATM card. All loan advances together will be considered a single, consolidated loan. I agree tha~ each check or the computer record of each transaction generated by me will constitute my wriRen authorization required by law. I~RIODIC ~TAIEMB~T: You will send me a monthly statement showing the status of my Account and when payments must be made. FinANCE CHARG~ I understand that I will be charged a Finance Charge on all loan advances, The FINANCE CHARGE begins the date each loan advance ia pasted to my Account at [he Daily Periodic Rate of o0~9'7~{~ %. That Daily Periodic Rate, when muIDpfiod by 365, is equal to an ANNUAL PERCENTAGE RATE of lb;.50 %. You figure the Finance Charge on my Account' the following way: First, you figure the balance of my Account each day in the billing cycle by adding new loan advances bested to my Account to the opening loan balance as of that day. You then subtract any payments or credits posted that day. This gives you my dagy be[ante. Then, you multiply my balance subject to a Finance Charge each day in the billing cycle by the Daily Periodic Rate, and add each day's Finance Charge for the actual number of days in the billing cycle. This gives you the Finance Charge for the billing cycle. VARIABLE RATE. (~'ff checked, the Annual Percentage Rate at any time will be determined by adding the "margin," which will not change during the term of the Account, to the "index" value, which will change from time to time. The Annual Percentage Rate does not include costs other than interest, The Annual Percentage Rate can change on the grst day of each billing cycle ("Rate Change Date") The margin for the Account is ~ % percentage points. The index is the highest Prime Rate pubiishod in The Wall Street Journal and in effect as of the tdth day of each month prier to the Gate Change Date. The ANNUAL PERCENTAGE RATE will never exceed 18 %during the term of the Account, Any change in the Annual Percentage Rate will be applicable to the then outstanding balance off the Account and to any subsequent loans or extensions of credit, until the Annual Percentage Rate changes again, Any increase in the Annual Percentage Rate may resell in a corresponding increase in the Minimum Monthly Payment PArt, lENT: m understand that I can pay my outstanding balance in full at any time before It Is due. I promise that I will pay at least the Minimum Payment which will be 3% of the ending new balance for each billing period, plus Finance Charges, voluntary credit insurance premiums, ii elected, late charges and any other fees. LAIECI{AI{~'E: Borrower agrees to pay a late charge of 10 % of the paymem amount but not less than 20-00 if any payment is not made on ts due da e shown on the monthly statement. No late charge will be due if the reason the payment is late is a continuing delinquency on a prior payment or because, after default, the entire outstanding balancebecame due. Au~'nc PAYI~ DEDUCTS. [] Il checked, I authorize you to automatically deduct my monthly payment from my Account {No, .) that I maintain with you. on the date each monthly payment is due. I agree to maintain a balance in the Account sufficient to cover the monthly payment when it is due. You may, at your sole discretion, terminate the Automatic Payment Deduction. If the Automatic Payment Deduction is terminated for any reason, Ihe interest rule on my loan will increase by . The new rate will be effective on the first payment due date followiug the cancellation of Ihe Automatic Payment Oeduction. AI~UN. ~ Borrower agrees to pay an annual fee of 15.00 whk;h well be Included in your charges after the annlveroar~ mo~th of your loan, J~'~OflOFPA'~: You will apply payments in the following order of prFonty: t~rst to any fees, then to interest, then to optional credit life insurance premiums, if any, and then to principal. 6011~]ININ6 LAW, AMENOMEI~[S ~ NOI1CES: This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, Slate of Maryland, by Subtitle 9, Credit Granter Open-end Credit Provisions of Title ]2 ol the Commercial Law article of the Annotated Code of Maryland, and by Federal law, as applicable. All written notices from you to me shall be effected by ordinary mail addressed to me at such address as it appears on your records. None of the terms of this Agreement may be changed or modified orally or by course of dealing between you and me, but only in a written agreement signed by you. You reserve the right to amend or modBy the provisions hereof at any time by mailing such amendments and modifications to me. You will advise me by mail 30 days prior to the eRective date of any amendment or modification. JOINTIJAelUIY: If this Agreement is accepted by more than one Borrower, each shall be jointly and severally liable and agrees to pay you for all ~oan advances pursuant to the terms of this Agreement. DEFAULT: I will be in default if: la) I fail to make any required payment on time; or {bi Any statement in my application is false; or lc) I fail to pay any other debt I owe you', or (d) I became involved in bankruptcy or similar insolvency proceedings; or (e) I fail to keep any of my promises under this Agreement REMEIXiES ON DEFAUI.T:: On default, as provided in the paragraph above, your agreement to extend credit shag be terminated, and all of my obligations under this Agreement shall be immediately due and payable. If any amount due you is referred to an attorney for co[leetion, I may be charged reasonable attorneys' fees. PERIOOICREV1EW: You have the right to review my credit performance with you and other creditors and upon request from you I must provide you with verigcaUon of my income at any time. If you reasonably believe I will not be able to meet the repaymenl requirements due to: a.} the closing out of deposit accounts with you and the termination of automatic payment provisions Iii elected); b.) the institution of suits by other creditors indicating financial distress on my part; or c.) the incurring of significant additional secured or unsecured debt which in your reasonable belief would challenge my ability to remain current with the loan; you have the right to demand payment in full with a 30 day notice from you. 1BIMINA'noN: This Agreement may be terminated by you at any time by written notice sent to me; however, the termination shall not affect my responsibility to pay my outstanding obligations under this Agreement. CREDIT INSURANCE IS NOT REQUIRED, Credit Life Insurance is not required to obtain credit, and wifi not be provided unless Borrower(s) signs below end agrees to pay the additional cost(s(. Coverage is aveilable to Borrower(s) under gB years of age. By signing, Borrower requests Single Credit Life Insurance, which costs By signing, Borrower requests Joint Credit Lite Insurance, which costs $ .705 per month per $1000,O0~of the actual daily balance. $ 1 .23~' per month per $1,000.00 of the actual daily balance. S~ature~ Bo~ro~er to ~e ins~d V Age Insurer: USLiIe Credit Life Insurance Company, Schaumburg, ILL Signatures of Borrowers to be insured Ages RECEIPT OF COPY: I agree to the t{rms of~i~.Agreement and acknowledge receipt of a completely filled.in copy ol this Agreement, ~or;ower ' - d~/ ~Y (/ Address RIGHT OF SET-OFF: The law gives you a right of set-off in any of my property in your possession at any time, including deposit accounts, This means that, if I default, you may exercise your right of set-off and apply any of my property in your possession, including deposit accounts, to the sums J owe under this Agreement. CONTINUED EFFECTIVENESS: If any part of this Agreement is determined by a court to be invalid, the rest will remain in effect. GENERAL: You can delay enforcing any of your rights under this Agreement without ~osing them. Any waiver by you of any provision of this Agreement will not be a waiver of the same or any other provision of any other occasion, I am aware that this Personal Line of Credit Agreement is the entire agreement between you and me. This Agreement obligates me and my heirs, executors, administratorsd and successors. I may not transfer this Agreement to any other person without your written consent. CHANGE OF ADDRESS: I agree to notify you in writing of any change in address which I may have. TRANSFER: You can transfer your rights and privileges under this Agreement to anyone you choose. My duties under this Agreement witl be performed by my heirs and/or personal representatives. I will not assign any rights which I have under this Agreement to anyone. This Agreement replaces any other agreement dated before this date. BILLING ERROR RIGHTS FORM (Keep this notice for future use) This notice contains information about your rights and our responsibilities under the Fair Credit Billing Act, Notify Us In Case of Errors or Questions About Your Bill if you think your bill is wrong, of if you need more information about a transaction on your bill, write us on a separate sheet, as soon as possible, at the address listed on your bill. We must hear from you no later than 60 days after we sent you the statementcontaining the error. You can telephone us, but doing so will not preserve your rights. In your letter, please provide the following information: Your name and account number; The dollar amount of the suspected error; A description of the error and an expianation of why you believe there Is an error. If you have authorized us to pay your bill automatically from your checking account, you can stop payment on any amount you think ts wrong. To stop the payment, your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After, we receive your letter, we cannot try to collect or report you as delinquent for any amount(s) in dispute. We may continue to bill you for the amount in question, including finance changes, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on the bill, you will not have to pay any finance charges relating to any questioned amount. If there was no error, you may have to pay finance charges, plus missed payments relating to the disputed amount. In either case, we will send you a statement you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay. we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first ~50.00 of the disputed amount, even if your bill was correct. NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION. SHERIFF'S RETURN - CASE NO: 2002-03349 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WAYPOINT BANK VS JUDY HARRY T REGULAR GEP~ALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JUDY HARRY T the DEFENDANT , at 1628:00 HOURS, at 624 3RD STREET on the ~7th day of J_uly , 2002 NEW CUMBERLJ~ND, PA 17070 GENE RASMUSSEN, ROOMMATE by handing to 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 11.73 .~~~ ~~ Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 39.73 07/18/2002 KEEFER WOOD ALLEN RAHAL Sworn and Subscribed to before me this _~ _ day of -- ~-~ r3~.~ A D l~rothonotary ,'-- _ Deputy Sh~iff--' RIGHT OF BET-OFF: The law g yes you a right of set off in any of my pro erty in your possession at any time, includinl~ deposit accounts. This means tJ~at, if default, you may exercise your right of set-off and appy any of my property o your possession, including deposi accounts, to the sums owe under this Agreement. CONTINUED EFFECTIVENESS: f any part of his Agreement is determined by a tour o be invalid, the res w I remain in effect. GENP. RAL: You can do ay en otc ng any of your rights under this A reement not be a waiver of the same or any other provision on any other occasion. I am aware that this Personal Line of Credit Agreement is the entire agreement between you and me. This Agreement obligates me and my heirs, executors, administrators and successors. I may no transfer this Agreement to any other person without your written consent. CNANGE OF ADDRESS: I agree to notify you in writing of any change of address which I may have. TRANSFER: You can transfer your rights and privileges under this Agreement to anyone you choose. My duties under this Agreement will be performed by my heirs and/or personal representatives, l will not assign any rights which I have under this Agreement to anyone. This Agreement replaces any other agreement dated before this date. BILLING ERROR RIGHTS FORM (Keep this ttotice for future use) This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Ua In Case of Errora or questions About Tour Bill It you think your bill is wrong, or if you need more information about a transection on your bill, write us un a separate sheet, as seen as possible, at the address listed on your bill. We must hear from you no later than 60 days after we sent you the statement containing the error. You can telephone us, but doing so will not preserve your rights, In your letter, please provide the following information: --Your name and account number; --The dollar amount of the suspected error; --A description of the error and an explanation of why you believe there is an error. Jf you have authorized us to pay your bill automatically trom your checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach ns three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the biff was correct. After we receive your letter, we cannot try to collect or report you as delinquent for any amountls) in dispute. We may continue to bill you for the amount in question, including finance charges, and we can apply any unpaid amouot against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are net in question. If we find that we made a mistake on tho bill, you will not have to pay any finance charges relating to any questioned amount. Jt there was no error, you may have to dPauYe.finance charges, plus missed payments relating to the disputed amount, In either case, we will send you a statement of the amount you owe and the date that it is If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been setfted between us when it fiflagy is. if we duo t follow these rules, we can' co fect the first $50.00 of the disputed amount, even if your bill was correct. NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION. WAYPOINT BANK, Plaintiff V, HARRY T. JUDY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3349 P_RAECIPF TO THE PROTHONOTARY: Please enter judgment in favor of Plaintiff and against Defendant by default in the sum of $2,077.11, with interest and costs of suit, for Defendant's failure to answer or otherwise plead to Plaintiff's Complaint. I hereby certify that written notice was given Defendant(s) in accordance with Pa. R.C.P. 237.1 (copy attached). Dated: October 1, 2002 KEEFER WOOD ALLEN & RAHAL, LLP / --Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8051 Attorneys for Plaintiff WAYPOINT BANK, Plaintiff V. HARRY T. JUDY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3349 I._MPORTANT NOTICF TO: HARRYT. JUDY DATE OF NOTICE: SEPTEMBER 20, 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 / (800) 990-9108 Date: September 20, 2002 KEEFER WOOD ALLEN & RAHAL, LLP Eugene F_Z. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff WAYPOINT BANK, Plaintiff V. HARRY T. JUDY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3349 : N~OTICIA IMPORTANTF A: HARRY T. JUDY FECHA DE NOTICIA: SEPTEMBER 20, 2002 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTIClA, ES POSlBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENClA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTIClA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVIClOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABA JO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 / (800) 990-9108 Date: September 20, 2002 KEEFER WOOD ALLEN & RAHAL, LLP By Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff WAYPOINT BANK, Plaintiff V. HARRY T. JUDY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3349 To: Harry T. Judy NOTICE You are hereby notified that on October~. 2002, the following Judgment has been entered against you in the above-captioned case. By default in the sum of $2,077.11, with interest and costs of suit. DATE: October~ 2002 rothonotary ' - -- - I hereby certify that the name and address of the person(s) to receive this notice is: Harry T. Judy 624 3rd Street New Cumberland, PA 17070-2017