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HomeMy WebLinkAbout02-3733IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MENNONITE FINANCIAL FEDERAL CREDIT UNION, Plaintiff DARRYL L. ROSENBERRY, 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 Pleading 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 Pleading 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MENNONITE FINANCIAL FEDERAL CREDIT UNION, Plaintiff DARRYL L. ROSENBERRY, Defendant COMPLAINT 1. Plaintiff is Mennonite Financial Federal Credit Union, (hereinafter "Credit Union") a federally chartered Credit Union with a place of business at 1532 Lititz Pike, Lancaster, Lancaster County, Pennsylvania 17601. 2. Defendant is Darryl L. Rosenberry, (hereinafter "Rosenberry') an adult individual residing at 410 Sunset Lane, Shippensburg, Pennsylvania 17257. 3. On or about March 29, 2001, Rosanberry entered into a LOANLINER contract (hereinafter '~the contract") with the Credit Union wherein he borrowed the principal sum of $9,200.00 at an interest rate often and 50/100 (10.5) percent with a monthly payment of $300.00. A copy of Defendant's contract is attached hereto as Exhibit A. 4. Defendant is in default on his contract with the Credit Union as his last payment was made on March 28, 2002 for the payment due October, 2001 5. On July 12, 2002, the balance due on Defendant's account was accelerated by letter to Defendant from the undersigned. The balance due on the account on July 10, 2002 was $8,928.07 including principal, interest and late charges. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a judgment in its favor and against Defendant in the amount of $8,928.07 together with interest, late charges, costs and such other relief as is just and proper. Dated: ~7/3 t ,2002 Respectfully Submitted, CLYMER & MUSSER, P.C. Jeffrey D. Mohler, Esquire Attorney for Plaintiff 23 North Lime Street Lancaster PA 17602-2912 (717) 299-7101 I.D. #69176 Exhibit A CERTIFICATE OF TiTLe: FOR A VEHICLE ¸292 01120001800D798-~1 456CY 58V2R4490864 3115194 I 5/03101 1994 HOND~, ~J I 5/o]/oi 47023619603 100~0( 0 DARRYL L ROSFNBER,R~ tilO SUNSET LN 5HJPPENSBURG PA 17257 MENNONITE FINANCIAL FEDERAL CREDIT UNION 039023 NENNONI TE FINANCIAL FEDERAL C~ED[~ LI14ION 1532 III'ITZ PIKE P 0 BgX lg45S LANCASTER PA 17605 SECOND LIEN FAVOR OF DATF AUTHORIZED REPRESENTATIVE 0 O0 O0 O~ I 1ST LiENHOLDER 2ND LIENHOLDER STREET · FI INIAINIC A FEDERAL CREDIT UNION Open-End Disbursement Receipt Plus (Please Pdnt) THE ADVANCE IS SECURED BY YOUR SHARES, ALL PROPERTY SECURING OTHER PLAN ADVANCES AND LOANS RECE 'v'EO N THE PAST OR IN THE FUTURE, AND THE FOLLOWING PROPERTY: PROPERTY/MODEL YEAR I.D. NUMSER VALUE EEY NUMBER PLEDGE OF SHARES AND/OR DEPOSITS $ ACCOUNT NUMEIER(S) DAILY PERIODIC RA~ ANNUAL PERCENTAGE RATE FIXEO OTHER FEES (An',o ~nt end Dsscriptlo~l) NEW BAL~NC E THIS SUBACCOUNT d,5' % A~OUNT A DVAN~C~. PAYMENT AMOUNT DATE DUE PAYMENT FREQUENCY LINE OF CREDIT LiMiT , , REMAINJNG LIMIT By endoming the proceeds check for the advance described abo~, or by having the loan precedd~ de~it~ETnt~Sbrsl~/sh~t~i~fi,aff~a~,COuht or paid to a third party, you agree: (1) that the property described in the Security Offered section above ("Properly") is secudty under the terms of the LOANLINER® Credit and Security Agreement (the "Plan") for all amounts you owe under the Plan and that the property deecdption~,is jnc0rperated i~nto a~cLapart of the Plan; (2) that the Property is a so secur ty for any other loans, including but not limited to, any or~dlt Card loan that ~0U hav~ W~th t~e Credit~ Union now or in the future; and (3) to make payments as disclosed above and in accordance with the terms of the Plan. ©CUNA MUTUAL GROU~ 1998, 99, 2000, ALL RIGHI~S RESERVEO TOORDER: 1-~00o356-5072 CREDIT UNION COPY vxxos~ CONSUMERS' CLAIMS AND DEFENSES NOTICE m The following paragraph applies to the Advance only if the box is checked. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD 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. LOAN OFFICER INITIALS APPROVED FEDERAL CREDIT UNION Open-End Plan Signatures PLUS HOW TO APPLY · Complete all sections · Sign on signature line · Return completed form to credit union · An incomplete or unsigned form may delay processing ACCOUNTNUMBER ACCOUNT NUMBER bis LOANLINER'~ Credit and Security Agreement, which includes the Truth in Lending DIsciasures, will he referred to as "the P~an/' The Plan documents include this agreement and an Addendum. "You" '~our" and "borrower' mean any person who signs the Plan. "Credit onion", 'we", "our" and us" moan toe Credit Un on whosc name appears on the Plan or anyoas to whom the Credit Union transfers its rights under the Plan. This is a muiti-stste document which may be used to lend to borrowers in all states except Louisiana. 1. HOW THiS pLAN WORKS-- This is an opan-end, multi-fastured credit plan. We anticipeta that, from time to time, you will borrow money (called 'advances") under the Plan. We am not required to make advances to you under the Plan and ceo refuse a request for an advance at aw time. The Addendum describes the d~fferant types of credit (called "subecceunts") available under the Plan, the current interest rate for each supaccount expressed as a daily periodic rate and corresponding annual percentage rate and other charges. It may also have other terms and a schedule for determining the payment amounts. 2. CREDIT UMIT -- We may, but do not have to, establish a credit limit on certain subaccounts f a cred t limit ts sct tot a subaccocot, yco promias not to exceed the established credit limit. If you exceed the credit limit, you premise to repay immed ately the amount wh ch exceeds the credit limit. 3. REPAYBENT-- You promise to repay ali amounts you owe under the Plan plus interest. ~aymants are due on the ast day cf the month unless we set a d~erent day at the time of an ~dvance. If the Addendum has no payment schedule for a supacoount, your payment will be letermlned at the time of each advance. Payments must include any amount past due and any [mount by which you have exceeded any credit flmit you have been given for s subancount. You may repay all or part of what you owe at any time without any prepayment penalty. Even if you prepay you wi ~ st be required to make the regularly scheduled payments unless we agree in writing to a change in the payment schedu e. f you have a joint sharedreff account, you w he account. Unless otherwise required by law, payments will be applied to amounts owed under the Plan, in the manner the Credit Union chooses. 4. PLAN ACCESS -- You can obtain credit advances in any manner authorized by us. if we allow you to use your ArM/Debit card to access the Plan, you may be liable for the unauthorized use of your ATM/Debfi cent. You will not be liable for uncothodzed usc that cocurs after you notify us, orally or in writing, of the loss, theft, or poasibie unauthorized use. If you believe your ATM/Debit card has been lost or stolen, .immediately inform the Credit Union by ceiling or writing us at the telephone number or address that appears elaswhem in the Plan, If the cord is uscd to obtain unauthorized advances directly from the Plan, your liability will not exceed $50. if the unauthorized withdrawal is from a sharedreff account, your liability is governed by the Regulation E disclosures you received at the time you received your ATM/Debit card, even if the withdrawal results in an advance being made from your overdraft suhaccount. 5. FINANCE CliARGE-- The dollar amount you pay for moony perrowed is called a "fincosc charge" and begins on the date of each advance. A finance charge will be computed separately for each scparete balance under the Plan. TO compute the finance charge, the unpaid balance for each day since your last paymant (or since an advance if you have not yet made a payment) is multiplied by the applicable dally periodic rate. The sum of these amounts is the finance cha~ge owed. The balance used to compute the finance cha~e is the unpaid balance each day after payments and credits to that balance have been subtracted and any additions to the ha~ance have been made. In addition to Interest, we may charge other finance charges which am disclosed on the Addendum. If the interest rate is a variable interest rate, the Addendum explains how the variable interest rate works. fi. SECURrI~-- You pledge as secufify for the Pian all shares and dividends and, ii any, all deposits and interest in all joint and individual accounts you have with us new and in the future. You have received and read the LOANLINER" Credit and Security Agreement m the Addendum ("Agreement") and a Credit Insurance Certificate, By ~elow you agree t(~ be bound by the terms of the Agreement. 2. You great us a security Interest In all individual and joint share and/ur deposit accounts you have with us now and In the future f~ secure what you owe under the LOANLINER~ Credit and Security Agreement. When you ore in default, .[[u authorize us to apply the balance In these accounts to any amounts due. ares and deposits In an Individual Retirement Account, and any other account that wontd lose special tax treatment under state or federal law ff given as uscur~, are not subject te the security interest you have given in your shares and deposits. CUNA Mutual Insurance Society · Madison, WI 53701-0391 · Phone: 800/937-2644 "You" or "Your" means the member and the joint insured (if applicable}. Credit insurance ie culunta~/and eot required in order to obtain your loan. You may select any insurer of your choice. You have established an open-end Loan Plan with the Credit Union. Your Loan Plan may consist of one or more Loans. You are applying to the Society for credit insurance. You authorize the charges for insurance to be added to your Loan Balance each month~and understand that interest will accrue on INSURED MEMBER I~ORROWER'S DATE OF BIRTH these charges the same as it accrues on amounts of advances which are added to your Loan Balance. DO NOT SION TitIS APPLICATION IF IT CONTAINS ANY BLANK SPACES. This app cat on is void and will not be used la a contest if ali blank spaces have not been completed, if the member has not signed and dated the Application, and if the Application has not been witnessed, *FOR CREDIT LIFE: MEMBERS WHO HAVE NOT YET REACHED THEIR 65TH BIRTHDAY ARE ELIGIBLE FOR COVERAGE **UNDER CREDIT DISABILITY THE MAXIMUM ELIGIBILITY AGE FOR COVERAGE IS 65, WITH NO MAXIMUM TERMINATION AGE. THE FOLLOWING STATEMENTS MADE BY YOU ARE REPRESENTATIONS AND ARE TRUE TO THE BEST OF YOUR KNOWLEDGE AND BELIEF: CREDIT LIFE INSURANCE CREDIT DISABILITY INSURANCE YES NO COVERAGE SELECTED PREMIUM SCHEDULE If a specific dollar amount is pledged for an advance, we will freeze shares in that account to the extent of the outstanding balance for the advance. Otherwise, your pledged shares may be withdrawn unless you are in default, If credit anion has a federal charier: Statutory Lien - If you are in default on a financial obggatioa to us, federal law gives us the right to apply the balance of shares and dividends in all individual and joint accounts you have with us to satisfy that obligation. After you are in defaoit, we may exercise this right without further notice to you. ~/e have a federal charter if our name includes the term "Federal Credit Union.") If credit anion is stats chartered, except in Ohio, Rhode Island, and Messachoaefls: We have a statutory lien on the shares and dividends and, if any, the deposits and interest in afl individual and joint accounts you have with us and may exercise our rights under the lien to the extent permitted by state law. (We are state chartered if our name does not include the term "Federal Credit Union.") For all borrowers: The statutory lien and/or your pledge will allow us to apply the funds in your escouot(s) to what you owe when you are In default. The statutory lien and your pledge do not apply to any tsdJvidual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as security. Additional security for the Plau may be required at the time of an advance. If a subaccount identifies a type of property (such as "New Cars") you must give that type of property as security wbeo you get an advance under that subaccount. A subascount name such as "Other Secured" means you must provide security acceptable to us when you obtain an advance under that subaccount. Property you give as security will secure all amounts owed under the Plan and all other loans you have with us now or in the futura, except any loan secured by your principal dwelling. Propa~y securing other loans you have with us may also secure the Plan. 7. CREDIT INSURANCE -- Credit life and/or credit disability ioaoraose is optional under the Plan. If you itualify for unit purchase the insurance from us, you authorize us to add the insurance premiums monthly to your loan balance and charge you interest on the entire balance. Jf you elect credit insurance, your payments may tscrease or the period of time necessary to repay your advance may be extended. The credit insurance rates may change during the Plan. If the rates change, we wgl provide any notices required by applicable law. 8. PERIODIC STATEMENT -- On a regular basis you win receive a statement showing all transactions under the Plan dudog the period covered by the statement. Statements and notices will be sent to you at the most recent address you have given us in writing. Unless applicable law requires notice to each joint borrower, notice to any one of you will be notice to all. g. JOINT ACCOUNTS -- if this is a joint account, each of you is individoally and jointly respeesible for paying alt amounts owed. That means we can enfome our rights under the Plan against any one of you individually or against all of you together. If you give us inconsistent instructions, we can refuse to follow your instructions, Untase our written policy requires all of you to sign for an advance, each of you authorizes the other(s) to obtain advances individually ned agrees to repay advances made to the other(s). Any joint accountholder may terminate the Plan by giving us prior written notice. If any of you terminate the Plan, the Plan is terminated for all of you. You remain liatile individually and jointly for all advances incurred before termination. 10. FEES AND CHARGES -- If you give us a security intsrest in curtain types of proberty, we may charge you a filing fee to perfeef our interest in the property. If we do, the amount of the fee will he discrosed to you at the time you obtain an advance. We may also charge you other fees in connection with the Plan. Our current fees are disclosed on the Addendum and will be added to your loan balance unlass you pay them in cash. 11. UPDATING CREDIT INFORMATION -- You promise that you will promptly give us wdtten notice if you move, change your name or employment, or if any other information you provided to os changes, Upon our request, you also agree to provide us updated financial information. 12, DEFAULT -- The following #aragraph applies to borrowers in Ida#n, Kan~, Maine and state chartered credit anions lending to South Carolina borrowers: You will be in default if you do not make a payment of the amount required when it is due. You wig also be in default if we believe the prospect of payment, performance, or realization on any property given as security is significantly impaired. The following paragraph applts~ only to borrowers in Wisconsin: You will be in default if you fail to make a payment when due two times during any 12 month period, You will be in default if breaking any promise made under the Plan mefedaPy impairs your abgity to repay what you owe or materially impairs the condition, value, or protection of or our right in any property you gave as security. The tollewing paragraph applies only to borrowers in Iowa: You will be in default if you are more than 10 days late in making a payment. You will also be in default if you do not comply with the terms of the Plan and your failure to comply materially impairs any property you gave as security or your ability to repay what you owe under the Plan. The following paragraph applies to borrowers in all ether states and federally chartered credit unions lending fo Sooth Carolina borsewers: You will be in default if you do not make a payment of the amount required when it is due. You will be in default if you break any promise you made under the Plan or if anyone is in default under any security agreement made in connection with an advance under the Plan. You will be in default if you die, file for bankruptcy, become insolvent, if you make any false or misleading statements in any credit application or update of credit information, or ~f something happens we believe may substantially reduce your ability to repay what you owe. You will also be in default under the Plan if you are in default under any other loan agreement with us. 13. ACTIONS AFTER DEFAULT .,- The th/lowing paragraph applies to bogrowers in Colorado, District of Columbia, Iowa, Kansas, Maine, Massaohesatts, Mfs$ourt, Nebraska, West Virginia and state chartered credit unions/ending to South Carolina borrswera: When ~ou are in default and after expiration of any right you have under applicable state law to cure ,our default, we can demand immediate payment of the entire onbaid balance under the Plan vithout giving you advance notice. The th/thwthg paragraph applies to federally chartered credit unions lending ts South Carolthe borrowers and to borrowers ia all other states except Wisconsin: When you arein default, we can require immediate payment (acceleration) of the entire unpaid balance under the Plan. You waive any right you have to demand for payment, notice of intent to accelerate and notice of acceleration. The fallowing paragrapbo apply th borrawers in all ethtes except Wleseesth: If immediate payment is demanded, you will continue to pay interest until what you owe has been repaid at the applicable interest rates in effect or, if applicable, at the default rate disclosed on the Addendum. If a demand for immediate payment has been made, your shares and/or deposits can be applied towards what you owe as provided in tbe section above called "Security." We can also exercise any other dohts given by law when you are in default. You agree the C~edit Union has the right to take possession of any property given as security under the Plan, without judicial process, if this can be done without breach of the 9ease. If we Credit and Security Agreement (continued) 14. CANCELLING OR CHANGING THE PLAN -- The thllawlag paragraph applies only to state chartered eredit unlene lending to Illinois borrowers: We have the right to change the terms of the Plan from time to time after giving you any advance notice requ red by aw Any change to the interest rate or other charges will apply to future advances, The following paragraph applies only to borrowers in Wlesoes/n: We can change the terms of the Plan from time to time in accordance with Section 422.415 of the Wisconsin Statutes. You will be notified of any change io terms. An increase in the da y periodic rate undo a variable rate interest rate is not considered a change in terms under the Plan. We can cance~ the entire Plan or any pad of the Plan at any time. You may cancel the Plan at any time by givin us prior written notice. Your obligatioa to pay the unpaid balances under tile terms of the Plan continues whether you or the credit union cancal the Plan, except to the extent that your bebilit is limited by Section 422.4155 of the Wisconsin Statutes. The thllewthg paragraph applies only to borrowera In Ieee: We can change the terms of th Plan from time to time after giving you any advance notice required by law. A change the increases the rate of finance charge or other charge, that increases the amount of your payments, or that otherwise adversely affects existing balances will apply to existing balances only if you agree to the change or you use the Plan after receiving notice that your use of the Plan means you agree the change applies to existing balances. The following paragraph applies to borrowers In all other atatos and toderally cborterad credit unions thndfog to Illinois borrowers: We hay6 ted right to change the~tsrms of the Plan from time to time after giving you any advance notice required by law. Any cha~ge in the interest rate will apply to future advances, a~d at our discretion and subject to any requirements ot applicable law, will also apply to unpaid balances. The th/towing paragraph applies to all but Wisconsin borrowers: An ncmase in the dui y periodic rate under a variable interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan or any part of the Plan at any time.~You may cance the Pan at any time by giving us prior written notice. Your obligation to pay the unpaid balances under the terms of the Plan continues whether you or the Credit Union cancel the Plan. Paragraphs 15 through 23 apply to any property you give as security. 16. THE SECURITY FOR THE PLAN -- You give us what is known as a security interest in afl property described in any receipt, voucher or other document you receive for an advance ("the Advance"). The security interest you give includes all accessions. Accessions are things which are aHached to or installed in tpe property now or in the future. The secudfy interest also includes any replacements for the property which you buy within 10 days of the Advance or any extensions, reoawais 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 of the property declines, you promise to give us more property as secur~ if asked to do so. 16. WHAT THE SECURITY INTEREST COVERS -- The security interest secures the Advance described in the receipt, voucher or any other document you receive at the time of the Advance and any extensions, renewals or refloancings of the Advance. It also secures any other advances you have now or receive in the future under the Plan and any o her amounts or loans, including any credit card loan, you owe us for any reason now or in the future, except any loan secured by your principal residence. If the property is household goods as defined by the Federal Trade Commission Credit Practices Role, the property will secure only the Advance and not other amounts you owe. 17. OWNERSHIP OF THE PROPERTY -- You promise that you own all property you give as secudty or if the Advance is to buy the property, you promise you will use the Advance for that purpose. You promise that on one else has any interest in or claim against the properly that you have not already told us about. You promise not to see or lease the property or to use i as security for a loan with another creditor until the Advance is repaid. You promise you wgl a ow no other security interest or lien to attach to the property either by your actions or by operation of law. 18. PROPERTY INSURANCE. TAXES AND FEES -- You must maintain property insurance on all property that you give as security under the Plan. You may pumhase the property insurance from anyone you choose who is acceptable to the Credit Union. The amount and coverage of the property ioaumnce must be acceptable to us, You may provide the property insurance throu0h a policy you already have, or through a policy you get and pay for. Yea promise to make the insurance policy payable to us and to deliver the policy or proof of coverage to us if asked to do $o. 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 if towards what you owe. You authorize us to endome any draft or check which may tie payable to you in order for us to collect any refund or benefits due under your insurance policy. YOU also prom se to pay all taxes and fees (llke registration fees) due on the property. If you do eot 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 advance and you will pay interest on those amounts at the same rots you agreed to pay on the advance. 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 borrowem have complied with the insurance requirements of our loan ogresments or may engage others to do so, The insurance charge added to an advance may include (1) the insurance company's payments to us and (2) the cost of determining compliance with the insurance requirements. If we add amounts for taxes, fees or insurance to the unpaid balance of an advance, we may increase your payments to pay the amount added within the term of the Insurance or approximate term of the advance.' 19. NOTICE -- If you do not purchase the reno/red property insurence, the insurance we may purchase and charge you for will cover only nor interest in the property. The Insurance will not be liability Insurance and will not satisfy any state financial respoestbitity or no fault laws. 20. PROTECTING THE SECURITY INTEREST -- ~f your state issues a title for tbe property, you promise to have our ~ecurify 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 also promise to do whatever else we think is necessary to protect our security interest in the property. YOU promise to pay all costs, including but not limited to any attorney fees, we incur in protecting our security interest and dghts in the properly, to the extent permitted by applicable law. 21. USE OF PROPERTY -- Until the Advance has been paid oft, you promise you will: (1) Use the propedy carefully and keep it in good rspeir. (2) Otitaln our written permission before mak ng major changes to the properly or changing the address where the property is kept. (3) Inform. us in writing before changing your address. 4 Anew us to inspect the property, (5) Promptly no fy us if the property s damaged, stolen or abused. (6) Not use the property for any unlawful purpose. 22. NOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VSl41£1 f: -- THY I, Larry Miller, President of Mennonite Financial Federal Credit Union verify that the statements made in the foregoing Complaint are tree and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S.A. Sec. 4904 relating to unswom falsification to authorities. Date: r~ ~" ~x , 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MENNONITE FINANCIAL FEDERAL CREDIT UNION, Plaintiff DARRYL L. ROSENBERRY, Defendant No. 02-3733 Civil Term PRAECIPE To the Prothonotary Please reinstate the complaim in this matter. Dated: ~12d ,2002 Respectfully Submitted, Jeffrey D. Mohler, Esquire Attorney for Plaintiff 23 North Lime Street Lancaster PA 17602-2912 (717) 299-7101 I.D. #69176 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-03733 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MENNONITE FINANCIAL FEDERAL VS ROSENBERRY DARRYL L Thomas Kline duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT ROSENBERRY DARRYL L but was unable to locate Him in his bailiwick. deputized the sheriff of FRANKLIN County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being a diligent search and , to wit: He therefore Pennsylvania, to On November 8th , 2002 this office was in receipt of the attached return from FP~ANKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 37.80 .00 74.80 1~/08/2002 CLYMER & MUSSER R/ ?h6mas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of ~~ A.D. Prothonotary' In The Court of Common Pleas of Cumberland County, Pennsylvania Mennonite Financial Federal Credit Union VS. Darryl L. Rosenberry SERVE: Darryl L. Rosenberry NO. 02 3733 civil Now, August 27, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 3~/¢¢~~ ~- within /4 ,20 6~., at /o.¥o o'clock /-) M. served the a copy of the original and made known to So answers, County, PA Sworn a~d subscribed before rne~ , 20. · / [ ~ Commis~'c COSTS SERVICE MILEAGE AFFIDAVIT ~ ~rlklfla COMI~ I flo~. 4, 2004 I