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Home My WebLink About94-04616 l.. J ,! ., f . -;9 I I .:j I , 0 " III " \1 :I .F Q.. c.b I ~ .. , ., Ii ~ J / I I I , , i ... ~ ....... ! " " I , PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, IN 'rilE COUll/I' OF COMMON PLEAS CUMBERLAND COUN'l'Y, PENNSYLVANIA plaintiff v. CIVIL AC'l'ION - LAW BONNIE J. CRAMER, Defendant NO. COMPLA,UIT 1. Plaintiff, pennsyLvania state Employees cJ:'edit union (hereinafter >>PSECU>>), is a Pennsylvania finanoial institution with its prinoipal offioes located at 1 credit union Place, Harrisburg, Pennsylvania 17110. 2, Defendant, 130nnie J, Cramer is an adult individual whose last known address is 11 East High Btreet, Carlisle, PennsyLvania 17013. 3, On or about April 17, 1985, Defendant executed an Application and Noto Personal Service Loan Application (the >>Loan Agreement>>), pursuant: to which Defendant cculd borrow monies in the nature of a revolving loan from PSECU. A true and oorrect copy of the Loan Agreement is attached horeto and made a part hereof as Exhibit >>A>>. 4, On or about October 12, 1986/ Defendant, executed a visa & Mac Application (the >>Visa/Mac Agreement") for a VIBA/MAC acoount with Plaintiff, pursuant to which Defendant could make purchases and cash advances in the form cf an open ended credit line from PSECU. A true and correct copy of the Visa/Mac Air....nt i. attached h.reto an~ mad. a part hereof as E~hiblt "8". 5. Und.r the t.rm. of the Visa/Mac Agre.ment and Loan Air....nt (her.inaft.r coll.otiv.ly r.f.rred to ae the "Ain..ent."), the Defendant agued to pay PSECU "[ i ] n equa 1 in.tallrn.nt. not less frequently than monthly, with interest on unpaid balances" at a 12,9' annual rate, 6, Defendant has defaulted on her obligations under the Agr....nt. by failing to make the required monthly payment. .ince Augu.t, 1993, 7, The total amount remaininq due and owing to PSECU by Def.ndant a. pursuant to the Agreements a~ of August 3, 1994, i. Four Thousand Three Hundred Fifty-Eight Dollars and Forty-six cent. ($4,358,46), which includes principal in the amount of $3,966.18, interest of $364,44, and late fees of $27,84, 8, The Agreements provide that in the event of default, Defendant .hall be responsible for the payment of. attorney fees and collection costs in an amount equal to twenty (20') peroent of the outatanding loan balance. 9. By correspondence dated April 1, 1994, PSECU notified Def.ndant of her default under the Agreements and demanded paya.nt thereunder, but Defendant has failed and refused to make paym.nt. - 2 - "\w",~....It,,,,,,,,... PENNSYLVANIA BTATE EMPLOYEES CREDIT UNION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plllntlft v. CIVIL ACTION. LAW NO. 94.4816 CIVIL TERM BONNIE J. CRAMER, Delendlnt AN.SWElLAND...Nw..MAmB NOW comes Bonnie J, Cramer, Defendant In the above-captioned matter, by and through her attorneys, FLOWER, MORGENTHAL, FLOWER & LINDSAY, and makes the lollowlng Answer to Plelntlff's Complaint. 1, Admitted, 2. Denied. Delendent's address Is 3139 Spring Road, Carlisle, Cumberland County, Pennsylvania 17f113. 3, Admitted In part; denied In part. Admitted that Page 2 of Plaintiff's Exhibit 'A" contains the signature of Defendant. Inasmuch as said Exhibit Is generally Illegible and does not bear approval by Plaintiff's credit commlttae, Delendantls without suHiclentlnformatlon to respond to the remaining averments 01 this paragraph and prool, If relevant, Is demanded at trial. 4, Denied. Inasmuch as Plalntllf's Exhibit "B" names only Victor A. Cramer (Defendant's former husband) as the applicant, and does not contain Plaintiff's slgnatura on the Exhibit as attached to the true copy served upon Plaintiff, and falls to set forth the reverse side of said document referred to on Page 1 thereof, Defendant Is without sufficient knowledge or Information to answer the averments of this paragraph. By way of lurther answer, Exhibit "B" Is styled es an "application for personal seNlce loan" and not as a "Visa/Mac Agreemenr' as It Is referred to In Plaintiff's Complaint. "lw,I I "",,1<,...., '... /5, Denied, The response of Delendant to Paragraphs" and 4 above are Inoorporated herein, Further, said doouments would speak lor themselves as to their contents; and after thorough examination of said Exhibits, to the extent they are legible, Delendant was unable to Identify the elleged payment term as quoted In this paragraph. Prool as to the averments set forth herein, II relevant, Is damanded at trial. 6, Denied, This Is a legal conclusion to which no response Is necessary 7. Denied, Defendant Is without sufficient knowledge or Information to form 8 belief as to the truth of the averment, and proof, If relevant, Is demanded at trial, By way of further answer, Delendant avers, as set forth In New Matter, that any sums due are due from Defendant's lormer husband, Viator A. Cramer, and not from Defendant hersel'. B. Denied. Said Agreements, being written, speak for themselves as to their written terms, As to any responsibility 01 Dalendant, said averment Is denied as a legal conclusion to which no response Is required. 9. Admitted In part; denied In part, It Is admitted that PSECU has written to Delendant demanding payment, and that Oelendant has relused to make payment, but It Is denied that Defendant was In default. By way of further answer, any question of default calls for a legal conclusion to which no response Is necessary; and Is set forth In Defendant's New Malter balow, any obligation under said agreements was the responsibility of Delendant's former husband, Victor A. Cramer, and not Defendant herself. WHEREFORE, Defendant requests your Honorable Court to dismiss Plaintiff's Complaint with costs upon Plaintiff. NEW MATTER 10, Defendant was separated from hel' former husband, Victor A. Cramer, on July 11, 1991; and they were divorced by a Decree of the Cumberland County, Pennsylvania, Court 01 Common Pleas on JUly 13, 1992, 2 "\w,II~""",_.,, 11, Under the terms of the separation agreement, Defendant's former husband, Victor A, Cramer, assumed responsibility of the PSECU Accounts, 1~, Shortly etter Delendent and her lormer husband, Vlotor A, Cramer, separated on July 11, 1991, Vlclor A, Cramer contacted PSECU to have Defendant's name ramlJved from said accounts, 13, Defendant believes, and lherelore avers, that PSECU authorl~ed the removal 01 her name Irom ssld accounls, and that documentation evidencing said nama removal was ganerated by Plaintiff and Is presently within the control 01 Plaintiff, 14, On AugUSI19, 1991, transactions occurred with said accounts to close previous accounts and open a new account In the name 01 Victor A, Cramer, 15. The debts which Plaintiff seeks to collect by this action ere those solely of Victor A, Cramer, and not Celendsnt, Bonnie J, Cramsr. 16. Vlotor A. Crsmer Is deceased, having a date of death of August 2, 1993, WHEREFORE, Defendant requests your Honorable Court to dismiss Plaintiff's Complaint with costs on Plaintiff, Respectfully submitted, FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys lor Delendant , By: / , ! '(' .' I / t, , !", _' I, ,I ../ I (j' ,'/II,,(f,I"I.I/1;/ Roger M. Morgenthal, Esq~lr,e . 10#17143 ,'.../ '"'' 11 East High Street / Carlisle, PA 17013 (717) 243.5513 3 0':,01:; ",,; l~I,I,1 n(ll,tFr~' IlnFI~lrlnlif"1 II"I!IEI~ t 1I1L1'~f'jl f ','I':' ','7,1 .",I~,f,'.1 1]01 L,\W OPPIO.. PLOWER, MORCJENTHAL, PLOWER &. LINDSAY 4 ~"fol. W~n<lIl 11 BAST IDOH STIU!I1'r CARLISLI!, PBNNSYLVANIA 17013.3016 I,\M.. g, I'I.OWl!. IU)OU M, MOP.OIll'lIlW, lAM.. I), J'I,OWllIl.IIl. CAI'OL J, Ui"P1IA Y llU!llll~1 . MUllllJtmlCAL (1II1M",) - I'I.OWlIlt, KMMBI\ MOlllll!N1llAL. I'UlWll. (IVIS.lm) (117) Z4).$1lI rMl f7l'7) 2.4).4110 fAQI1MJJ.UflAtiIMlD'Al....M.lM.QBAtM S.nl by:____ Time 11111: !1II'.l:1~ ~nfonll"tion Lntend.d on1y for the II.. of tll. .d "....(., naml . ow. XI the r.ader of thll m....o. L. not the lnt.nd.d raoipL.nt!.) or thl amp1oy" or 'Q,nt ~1'pon'lb1. tor d.llv.r~no thl m....o. to thl lnt.nd.d r.clpi.nt!,), pl.... nota th.t .ny dl...minatLon, dL.tributLon or oopyLno of thLI oUlMIunLo.tLon L. Ittlotly prohlbitad. "nyon. who rlc.LvlI thL. oOlMlUnloat Lon In Irror .hou1~ noHty II' lm.dlauly by t.hpholl. .nd r.turn the orlOlna1 m..,.o. to u. .t the .d~r... .bov. via the 0, I. Hall. TO: Jon F, l..af',,;,al:, c:,~, _. (nil . 3,~'r;. '~)_ FROM: Ib'Jl;!l: ~1oJ:'J(lnUlal, r.ucl'.ure DATE: -1:lay 0, 1995 SUBJECT: t'eMsvbanla state D1plo',O:lIu (l:edit Union 'J. E'<Jnnil3 J. Crl1Jna~ .............................................................................. W, are Iranumltllng B 10111 01 0' pagll 10 you, Including Ihlu onl, PIOBS' Idvlse H your copy quality Is noJ adequII/), Hard copy YlIIl be mlllad L.U NOrl!: Hlrd copy mu WU be milled L) _. -'-----,~-".'._, _._,_.~._- .'--...~._._--,.......,.'-...'. - --..,...- .- ._- . PENNSYLVANIA S'l'A'l'E EMPLOYJi;ES CREOIT UNION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUN'l'Y, PENNSYLVANIA v. CIVIL ACTION - LAW 1 Ir 1(/ (', (I' ~ ,,j //11 I,j BONNIE J. CRAMER, Defendant NO, '11 ANBWElR TO tlEl" 1iAn'Jm 10. Denied, Plaintiff is without knowledge of the truth or veraoity of the averments set forth in Paragraph 10 of the Defendant's Answer and Now Matter, and thet'ofore striot proof thereof is required at tr i ai, if relevant. 11. Denied. Plaintirf is without knowledge of the truth or veraoity of the averments Bet forth in Paragraph 11 of the Defendant's Answer and New Matter, and therefore strict proof thereof is required at tria 1, if relevant. By way of further answer, the Plaintiff is not undor any duty to comply with the terms of certain roferenced settlement agreement since the settlement agreement was made and executed by and between Defendant and her ex-husband I Victor II. Cramer, 12. Admitted in part, Penied in part, It is admitted that Defendant contacted Plaintiff to have the Defendant removed as a joint owner of Victor II. Cramer's accounts at PSECU. By removing Defendant as a joint owner of the account, Defendant would be unable to withdrawal, deposit, inquire or write checks under . victor A. Cramer's accounts at ps~cu, However/ at no time was the Defend~nt removed as a co-maker from the outstanding balance. on the Visa account and the Loan Agreement as referenced in Plaintiff's complaint. The Visa account and the Loan Agreement are the basis for the claims asserted against Defendant. 13, Denied, As stated above Defendant had her name removed as a joint owner/ however, Defendant remained a co~maker on the outstanding obligations evidenced by the Visa account and Loan Agreement. 14. Admitted with clarifications. As stated above Defendant had her name removed as joint owner, however/ Defendant remained a co-maker on the outstanding obligations evidenced by the Visa account and Loan Agreement. 15, Denied for reasons stated above, 16. Admitted, WH~REFOR~, PS~cU demands judgment against the Defendant in the sum of Four Thousand Three Hundred Fifty-eight Dollars and Forty-six Cents ($4/358,46), plus interest from August 3/ 1994, at the rate of $1,40 per diem, late fees, costs of suit, and - 2 - " , , , ' ,4) .~ -- ~ ~ '"'" ,. " ~ ~./ J ~ ..) '..- .~... '1 ~ .~~ , :,1 ,..( I'",' (\~ .~ ..~ ""- I:::J '\ ,~ ,",,",I - , '. 'I ,'~l I Ii " McNt::I';:O, WM~L^':;' I\. 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