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Home My WebLink About97-03507 ." , ~ '::t ~ ~ ~ It ~ < ~ '. "'" .. ~ "'" \ I ) ,/ t ... ~ ...... , :) ... CJ to... <:) ~ "J . t-... . 0-.. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MELLON BANK, N.A., Plaintiff, ) ) ) ) ) ) ) ) ) ) No. Ys. MARTIN L. COOK and KAREN J. COOK. Defendants. NOTICE TO DEFEND 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 thai if you fail to do so the case may proceed without you and a judgment may be entered against you by the COJrt without further notice for any money claimed in the complaint or for any claim or relief requested by Ihe plaintiff. You may lose money or property of other righls important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BEWW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE: COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 TELEPHONE: (717) 240-6200 This is an attempt to collect a debt by a debt collector. Any information obtained will be used for that purpose. 5. On or about June 24, 1986, Defendants applied for and were granted an increase in their credit limit on said Personal Line of Credit, designated as Account No. 72730028000391, with Commonwealth National Bank, predecessor in interest to the Plaintiff. A true and correct copy of the June 24, 1986, Personal Line of Credit Agreement is attached herelo, marked as "Exhibit B", and incorporated herein by reference. 6. On or about March 16, 1987, Defendants again applied for and were granted an increase in their credit limit on said Personal Line of Credit, designated as Account No. 72730028000391, with Commonwealth National Bank, predecessor in interest to the Plaintiff. A true and correct copy of the March 16, 1987, Personal Line of Credit Agreement is attached hereto, marked as "Exhibit C", and incorporated herein by reference. 7. On or about December 26, 1995, this account was charged off leaving a balance due on this account in the amount of $24,997.44. 8. On or about July 29, 1996, Defendants tendered their last payment to the Plaintiff, Mellon Bank, N. A., which was applied against the account leaving a balance of $24,197.44. 9. On or aboutJanuary 17, 1997, the charge off interest ($2,541.97) and new interesl for the period December 26, 1995 through January 17, 1997 ($1,168.77) or $6.80 per day was compounded along with any late charges and finance charges as provided under the Personal Line of Credit Account Agreement in the amount of $3,710.74. 10. Defendants are in default for their failure to make timely payments when due and by failing to pay the unpaid balance existing on the account, leaving a balance due and owing on the account in the amount of $27,908.18 as of January 17, 1997, plus interest Ihereafter. ,.' . .,... .. ...-.---.-. - .1WU~-f'1t"4 'ORMNQ 09-114 .9PI.X'NOa~~If--:=::::' AGREEMENT ~~ .. DATE, September 9, 1985 MAXIMUMCREllIT$ 6,000.00 This IS your conlfaet. Please reld It and keep II for your records. This conlfaet Covers all pre..,nl and future loanl IlXlIlOded to you under your eNS Per.onal lm8 of Credll Account In this Agreement the words YOU and YOUR moan the IndIviduals who have applied to The Commonwealth National Bank for a Per.onal Une of Credit Account and have been approved for credIt. We. OUR end US mean The Commonwealth National Bank. creditor, If your accounllS 101nt. each of you IS liable for payment of all sums owed. TERMS OF YOUR PERSONAL UNE OF CREDIT ACCOUNT: Upon approval of your Personal Lme of Credit appliC8tlOn. we will lltabhlh a credit limit applicable to your accounl and extend loans to you up to the amount of that credrt hmn upon your sIgning of Personal Una of Credit checkl which we wiU prOVIde to you. These checks may be used to draw agaInst your loan account In the lame way that ordinary checks may be usad to draw againlt II checking deposit account. Personal lIne of Credit checks may be made payable to anyone. except tNt they may not be used to pay any amount which you owe to us under thil agreement, They must be wnnen In amounts of 5500.00 or more. We are not obligated to honor any Personal Lme of Credit check if to do 10 would increaae your tl,)[81 outstanding balance under thiS agreement above your credit lImit. If we do so. however. which we may do at our discretion. we may demand immediate repayment of Ihe amount,n excess of your credit hmlt. or add such amount to your next minimum payment due. You agree thai if any Personal Une of Credrt checks ere lost or stolen, or rf an opportunity of unauthonzed use eXISts. you will notIfy us Immediately. You also agree that we are not responsible for the quality of any merchandise or services you may purchase through use of Peraonal Line of CredIt checks. ~ "you are a Commonwealth National Bank checking account customer. and you have selected Checking Account Overdraft Protection. you may .110 obtain Pera"nal line of Credit advances by usa of that feature. as descnbed at the end of thiS agreement. We will review your credit hmrt from tIme to tIme. and in the event that the amount of your credit limn is changed. we will 10 advi.. you, You will owe us the amount of all credit extended to you under your Personal Line of Credit Account. plus any FINANCE CHARGES. credit life insurance premtum charges. and any late charges payable under this agreement, ~ Each advance rT'ade to you under this agreement will result in a refinanclOg of your outstandIng account balance, You promIse to pay us the 101al amount which is owed. Including any FINANCE CHARGES. credit life insurance premium charges and lata charges as required by our bllhng Slalement and thIS agreement. MONTHLY STATEMENT: We Will send you a monthly statement as of a billing cycle clOSing date we select whIch will show the Imount of your 10lnl outltandlng, plus the apphcable FINANCE CHARGES thereon. and any other charges payable under thIS agreement. FINANCE CHARGES: You Will pay a FINANCE CHARGE on the loans made under tl"1I5 agreement from the day that we extend the loan until your payment is receIved and the loan or loans are paid 10 full. figured thIS way: The FINANCE CHARGE will be calculated by applYing a mOnthly penodlc rate (based upon an AN Al PEACENTA E RATE 1% in excess of The Commonweallh NatIonal Bank's pTlme rale 85 of the close of bUSIness on the next to the laSl banking y of the calend month Immedl8tely preceding the month dUTlng whtch your monthly penodlc statement IS rendered, diVided by 12) to the balance 0 whIch the FIN CE CHARGE is computed. We figure the FINANCE CHARGE on your account by applYing the penodlc rate to the "Average Daily Be" of youra unt (tncluding any current loans advancedl To get the "Average Dally Balance" we take the begInning balance of your a 0 t ch ay. ad ny new loans made under this egreemenl. and sublract any payments and unpatd FINANCE CHARGES. ThIS gives us th al b a en,we p a the daily balances for the billing cycle and diVide the total by the number of days In the billing cycle. The FINANCE C 0 oans hereund to accrue from the date of posting of each such loan 875 The monthly peTlOdlC rate apphc;able.1o. your Personal line of Credit Account a .!.-- %. WhIch cOf1'esponds to an ANNUAL PERCENTAGE Rt. TE ofl~ % VARIABLE RATE: The annual percentage rate will increase dUTlng the term of decrease If our pr."e Interest rate decreases_ The Interest rate Will nOllncreas monthly paymcl"lt amOunts PAYMENTS: The minimum mOnlhly InStallment payment which you mu t pa 0 our ace I slatement, or S 10000. wnl:::never IS grealer We ma mpose a s~e ncy ch ea reason of acceleratIon or dellnQUencV on a OTlor Instal ent, I a unt n Ito exceea les YoumaY.alanytlme oaymorethanthemlnlmum ou d ,0 vent efullamou less you WIll have to pay In FINANCE CHARGES AllOCATION OF PAYMENTS; Each paymenl we rece charges FINAt]E C A~ . creal and pTlnclpal. '" that order 1 FINANCIAL INFORMA nON: You agree to prOVIde us. I. any Informa~hlC we em neces your curren! ftnanClal conditIon from tIme to time DEFAULT: You \<\'i11 be In default If you don't pa\' an Installment 0 bankruotc\ exceed credit limtt, dl me egally unable to manage your aHatrs; or If you Orea, any promise under thiS agreement or under ny r WTltten agreement be us You WIll I aefauttlf you have made any false or mtsleadlng statement In your application for your Person ll" oW" redll Account or II our perll>dlC review of y u rl~clal condition discloses a malenal adverse Change WhIch aHects your abllilv lOY am ts e ~r thiS agfPem~ Delaull means tnat we Carltnen dema~d I edlal~ I y ollhe entire u b nce oWlng:zo u under Ih reement and our obligations under thiS agreemenl are lermlnated In addlllon YO~US Immeort etum to us anv s allte of CredIt c ks In yOu osseSSton SECURITY INTEREST As security for an mounts.o~d to us under thl re vou consent a aQree that we wilt have a secuntYlntereStln eny of your propeny or assets In our possession Itf anvl cludln ~/IAof ur lunds on e S With us You furrer thl we wlIl have a l8Cumy Interest In the follOWing' o Your real eSlale loc.lled -..-. ----to ACCOUNT ND.72730028000391 e annual percentage rate Will the form of higher reqUired Slrable In ordei.to eveluate EXHIBIT ^ o Other IDoscnbel CASUAL TV INSURANCE: tf thll agreement IS secured by a mo gree t kee Insured at all times agaInst loss by fire and any other hazards thai nco co y OTHER CHARGES: If thIs agreement is secured by a mortgage up es te owned re to pay us a 0 e tlm c this agreeftl"ot. which IS llell~uzed as follows: recQr.Jj)tlg mortg . :, IS ctl n of martga $ NLA .credltrepanS N!.!i:. .tltl os ranceS A; OTAl$ COSTS OF COLLECTION: tf we have to refer collection of the balan au owe us to . ou'lI pay II reasonabl anarney's fee plul court costs. CREDIT REPORTS: Your performance of this Agreement may be reported to cr agenCIes. No one else WIll be given IUch information wlthoul proper legal process. or your pnor written approval. We will try to notIfy you by phon or b of such process In order to give you an opportunity to object to It We may ask credit reporting agencies for consumer repons of your credit history In connec n Ith any renewal or later extenSIon of credit. tfyou ask. we wIll tell you whether or not consumer repons were requested and the names and addresses of th cr it reporting agenCIes furnishing the reports. IRREGULAR PAYMENTS: We can accept late payments or panlal payments. or checks and money orders marited "payment In full," without lOSing any of our nghts under thiS agreement. OELA Y IN ENFORCEMENT: We can delay enforCing our nght! under thiS agreement Without losing them. PREVIOUS AGREEMENTS: Unless otherwise reQuIred by law. thiS Agreement supersedes all previous agreements between us relating to the extension Of cracht under our Personal line of Credit Program. TERMINATION: Either you or we may terminat8thls agreement at any Ume. Upon any voluntary terminatIon you must return all unused Personal Una oferedlt checks to us and you Will be reqUired to paV off vour balance under the terms of this agreement in effect at the ume of termination. LEGALLY BINDING EFFECT: The panies to this Agreement Intend to be legally bound. The promises and obligations contained in this Agreement shall be enforceable agaInst oach of you. JOIntly and severallv. This agreement shall bind your heirs. executors and personal representatives in addition to yourselves. If there IS anV conflict between anv of the terms and condl1lons of thIS Agreement and applicable law. this agreement will be deemed changed to the dxtenl necessary to complV With the law. APPLICABLE LAW: This Agreement shall be governed by the laws of the Commonwealth of PennsylvanIa. and to the extent controlling. of the United States of Amenca. rgo. ot t~ fIro of sign,ng of , apprcusal The foregOIng terms and conditions are all agreed to. Each person Slgnln elow as Borrower or Co-Borrower acknowledges receIpt of a ~ /3 Date" CREDIT LIFE INSURANCE INFORMATION Credit LIfe Insurance IS not reqUIred by us. No charge IS made for such Insurance and none IS prOVided unless the follOWing application is signed and dated by the person to be Insured: I deSire the CredIt lIfe Insurance for which I am eligIble. through Secunty of Amenca life Insurance Company. Reading. Pennsylvania. the cost of which shnll be at the monthly rate of 00078 per S 1.00 ($.78 per S 1.0001 multlphed by the average dally outstanding balance of my account dunng each month. Date Signed Proposed Insured's Signature Dale of Blnh CHECKING ACCOUNT OVERDRAFT PROTECTION If you are a Commonwealth National Bank checking account CUStomer. 'Ne WIll prOVide you wllh overdraft protection If you sign the separate applic8tlol' below If you elect overdraft protection. we wllllrest each o\/erdraft on your checkmg account as a request tor a loan ad\/ance under thiS agreement. and we WUI Iranster to your Checking account an amount, In multIples of $500. suffiCient to co\/er the o\/erdrah. You may also reQuest such transfers by presenting I wnttel' request to uS tor an o\lerdrah protection deposll You understand thai we Will not make any transfers which would result In total loans exceeding your apprO\lel: cred.t limit Checking Account No I reQuest overdraft prOtection Apphcan!" s !.gnlture NOTICE SEE REVERSE SlOE FOR IMPORTANT INFORMATION anginal-Bank JOint aCCount Signature Pink - BOrTower Pink - Co-Borrower fORMNQ 09.111' ~n8ze~~ AGREEMENT ~mJ...\ DATE: June 24, 1986 MAXIMUM CREDITS 15,000.00 ACCOUNT NO, 7273002&000391 ThillS your contract. PleaslI read it and keep 11 for your records. This contract covers all present and future loanl extended to you under your eNB Perianal line of Credit Account In thiS Agreemen1the words YOU and YOUR mean the individuals who have applied to The Commonwealth National Bank for a Peraonalline of Credrt Account and have been approved for credit. We. OUR and US mean The Commonwealth National Bank. creditor. " your account IS JOint. each of you IS liable for payment of all .ums owed. TERMS OF YOUR PERSONAL UNE OF CREDIT ACCOUNT: Upon approval of your Personal Une of Credit appliea.,an, we wiU ..t.bli.h e credit limit applicable to your account and extend loans to you up to the amount of that credit limit upon your signing of Personal Une of Credit checka which we will prOVIde to you. These checks may be used to draw against your loan account In the lime way that ordinary checks may be used to draw Igainlt I chocking deposit account. Prrsonal Une of Credit checks may be made payable to Bnyone. except that they may not be used to pay any amount which you owe to us under thil agreement. Thev must be wnnen In amounts of 55oo.ooor more. We are not obligated to honor Iny Personal line of Credit check if to do aowould increas8your totll outstanding balance under this agreement above your credit limn. "we do 10. however. which we may do It our discretion. we may demand immediate rePlyment of the amount In excelS of your credit limit. or add such amount to your next minImum payment due. You agree that if eny Personal une of Credit checkl are lost or stolan. or If an opportumfY of unauthonzed use existl. you win notify us Immediately. You alia agree that we are not relponsible for the quality of eny marchandlsa or services you may purchale through use of Personal Une of Credit checks. . tf you are a Commonweatth National Bank checking account customer. and you have lelected Checking Account Overdraft Protection, you may also obtain Personal Une of Cradll advances by use of that feature. as descnbed at the end of this agreement. . W. will UIVlew your credit limit from tIme to time. and in the event that the amount of your credrt limit is changed. we will 10 adviae you. . You Will owe us the amount of ah credit extended 10 you under your Peraonalline of Cred1t Account. plus any FINANCE CHARGES. credit life insurance premium charges. and any late charges payable under this agreement. Elch advance made to you under this agreement will result In a rafinancing of your outsumding account balance. You promise to pay us the total amount which IS owed. including any FINANCE CHARGES. credit life insurance premium charges and late charges IS required by our billing statement and thIS agreement. MONTHLY STATEMENT: We will send you a monthlv statement as of a billing cycle closing date we salect which will show the amount of your loans outstandmg. plus the applicable FINANCE CHARGES thereon. and any other charges payable under thil egreement. FINANCE CHARGES: You will pay a FINANCE CHARGE on the loans made under thIS agreement from the day that we extend the loan until your payment IS received and the loan or loans ere paid In full. figured thIS wav: The FINANCE CHARGE Will be calculated by applYing a monthly pen odic rate (based upon an ANNUAL PERCENTAGE RATE 1% in excell of The Commonwealth NatIonal Bank's pnme rale as of the close of bUSiness on the next to the last banking day of the calendar month immediately preceding the rnontl1 dunng wnlch your monthly penodlc statement IS rendered. diVided bV 121 to the balance on whIch the FINANCE CHARGE il computed. VIle figure the FINANCE CHARGE on your account by applYing the penod,c rate to the .. Average Oaily Balance" of your account (including any current loa"-l advanced) To get the "Average Dally Balance" we take the begInning balance of your account each day. add any new loanl made under thiS agreement. and subtract any payments Bnd unpaid FINANCE CHARGES. ThiS gives us the daily balance. Then. we add up all the daily balances for the bllhng cycle and diVIde the total by the number of days In the billmg cycle. The FINANCE CHARGE on loans hereunder begIns to accrue from the date of posting of each such loan, The monlhly pen odic rate apph~bJe l.A )'pur Personal Une of CredIt Account as of the date of thiS agreement iO..a...8.3.3. %. which corresponds to an ANNUAL PERCENTAGE RATE ol~Vj; VARIABLE RATE: The annual percentage rate wdllncrease dUTlng the term of this agreement If our pTlme Interest rate ,"creases. The annual percentage rate will decrease If our pnme Interest rale decreases. The Interest rate will notmcresse above 21 %. nor go below 10%. Any mcrease Will take tha form of higher reqUIred monthly payment amounts PAYMENTS: The mlMlfTIum monthly InStallment payrnenl which you must pay on your account IS 3% of the Total New Balance shown on your monthly billing statement. or $100 00. wnlchever IS greater. We mav Impose a slOgle delinquency charge for each Installment nOI paId Within 15 days ofns due date. except by reason of accelerallOn or OelinQuency on a poor 1Mstallmen1. 1M an amount not to exceed the lesser of 52.50 or 5% of such dehnQuentlnstallment. You may. at any time. pay more than the minimum amount due. or even the full amount due. Without a penalty. The sooner you payoff your total balance. the less you will have to pay In FINANCE CHARGES ALLOCATION OF PAYMENTS: Each payment we receive Will be applied agaInst anv late charges. FINANCE CHARGES. credIt life Insurance premIum charges and pnncrpal. In that oroer FINANCIAL INFORMATION: You agree to prOVide us. promptly upon our reQues1. any 1Mformatlon which we deem necessary or deSirable In order to evaluate your current fmanClal conOltlon trom time to lime DEFAULT: You Will be In oefault If you oon't pay an rnstallment on time. hie forbankn.Jptcy; elceed your credit limit; dIe or become legatlyunable to manage your affairs: or If you break. al1y promise unoer thtS agreement 0' under eny other wnnen agreement between us. You will also be 1M default If you have made any false or misleading stalement In your application tor your Personal Line of Credit Account. or It our pen odiC review of your flnanClI1 condition discloses 8 matenal adverse Change which aHects your ability to repay amoun1S due under thiS agreement Default means that we can then demand Immedlale pavment of the entire unpaid balance oWing to us under thiS agreement and our obligations under thiS agreemenl are termInated In 1I0d/llon. you must Immediately return to us dny Personal Line of Credrt checks In vour poasOlllon SECURITY INTEREST. As security tor any amounts owed to uS under thiS agraement. you consent and agreetNt we Will have I secuntylntereltln any of your property or asselS In our possession lit lInyllMCludlMg lIny 01 your tunos on depOSit With us You further agree that wewtll have. secuntYlnter.ltln the follOWing: o Your real estate tocaled N I A EXHIBIT II o Other IOescnbe, --.-NTii" CASUAL TV INSURANCE: tf this agreement IS secured by a mortgage upon real estate owned by you. you agree 10 keep the buildingls' on the real estate insured al alltlmas against loss by fire and any other hazards that we may specrfy. You may choose the Insurance company. OTHER CHARGES: It this agreement.' secured by a mortgage uP,on rflDI eSlat~r:red bI~/~' you agree to pay us a onetime cha~i 11 the time of signing of thIs agreNr~' which IS Itemlled as foUow'NI~rd'ng mortgage S . satisfactIon of mongage fq . A . appraisal $ . credit rapen S . title insurance $ ; TOT At $ I . COSTS OF COLLECTION: If we have 10 refer collection of the balance you owe UI to . lawyer, you'" pay a reasonable anorney's fee pk.aa court costs. CREDIT REPORTS: Your perlonnanc8 of this Agreement may be reponed to credit reponing agencies. No one else will be given such infonnation wlthoul proper legal process. or your pnor wonen approval. We Will Iry 10 nouty you by phone or by mall of such process In order 10 gIVe you an opportUnity to object 10 It. We may ask credit reponing agencies for consumer repons of your credit hiS lOry In connection with any renewal orlaler extenSion of credit. tfyou ask. we willlell you whelher or nOI consumer reports were requested and Ihe names and addresses of Ihe credit reponing agencltlS fumlshing the reportl. IRREGUlAR PAYMENTS: We can acceptlale payments or partial payments. or checks and money orders marited "payment in full," without losing any of our rights under thIS agreement. DElAY IN ENFORCEMENT: We can delay enforCing our nghtl under thiS agreement without /oslOg them. PREVIOUS AGREEMENTS: Unlesl othorwise reQUlt"ed by law. this Agreement supersedes all prevIous agreemenls between us relating to the extension of credit under our PersonalLne of Credit Program. TERMINATION: Either you or we may tenninalethis agreement at any time. Upon any volunlary termination you must return all unused P8r'IOnal Une of Credit checks to us and you Will be ulQUlred to payoff your balance under the terms of lhis agreement in effect at Ihe time of terminallon. LEGAUY BINDING EFFECT: The panlel to Ihis Agreement intend to be leg81ty bound. The promises and obligations contained in this Agreement ahall be enforceable against elch of you, jointly and severally. This agreement stlall bind your h~irs. ueCUtors and personal representatives in ackition to yourselves. tf there IS any conflict between any of tho terms and conditions of mlS Agreement and applicable law. thiS agreement wiD be deemed changed to the eX\8nt necessary to comply With the law, APPUCABLE LAW: This Agreembnt ahall be govemed by the laws of the Commonw"allh of Pennsylvania. and to the extent controlling, ofme United States of Amenca. The foregOIng terms and conditions are all agreed to. Each pensen signing below as Borrower or Co-Borrower ackncwledges receIpt 1- rc:: 1fr Cook Date: Cook CREDIT UFE INSURANCE INFORMATION Credit Lfe Insurance IS not reqUired by us. No charge IS made for such insurance and none is prOVided unless the folloWtng application is signed and dated by the person to be Insured: I deSire the Credit We Insurance for which I am eligible. through Secumy of AmencalJfe Insurance Company, Reading, Pennsylvania. the COlt of which shall be at the mon1hly rate of .00078 per $ t .00 IS. 78 per $ t .000) multlphed by 1he average dally Outs1andlng balance of my account dunng each month. Da1e Signed Proposed Insured's Signature Date of Blnh CHECKING ACCOUNT OVERDRAFT PROTECTION If you arlit a Commonwllllth National BJnk checkIng account CUS10mer, we Will prOVide you with overdra" protec110n If you Sign the ...~rI1e.pplicltIOn below If you elect everdran pr01tellon, we Will treat each overdrlft on your checking account as a request for .Ioan advance under Ihls agreement. and we Will transfer to your checkIng account an amount. In multiples of 5500. sufficllnt 10 cover the overdraft. You may also reQuesl such lransf,r. by prlllenllng I wnnen reQuesllo us for an ollerdraft protec110n depOSit You understand Ihat wu Will not make any transfers which would resullln 10111 lOins exceeding your approved credl11lmlt Checking Account No I reques1 overdraft prOleC110n Applicants slgnalure NOTICE SEE REVERSE SIDE FOR IMPORTANT INFORMATION OngtNI- Bank J"'nt .ccoun! slgnlture Pink - Borrower Pink - Co-Borrower ~-. ... , . ""( ...., .~_...-----, ---- ,. "~:"._ r'r' po - .'~ "', '-. '. .' t.. '.' -' J. :";.l ....-:&~. ~. " ,..,..", \C. 0" -',' .,', .. . "::';')-~""'-." ,~.., '.'~Of',' ..,..~. ".. . ,...'r":.,, ' . "'J'~~ ,:':';C-.;~. ". ". ~.,~... ,""\ "". , r-..oO. ,', . ;;~;':~'~1~'i~:::~ ,\.i~ ,;,'.. .'~,~O~~BIWN.ci.AIGji~*t~~:N~TICEFOR'.~U~~~-US~ ~\,.?_,\:;L_~'~~~~~g~--i~~.- . Th;. ~';;'ce ~a~,a'n~ ,nfor";~,;~n ,~poria~';b~UI y~! ~~h~~ ~~~Q~r~e~~dt;~~'hi~.; ~.;:\~~'I~e Fa:/ ~~~,t B~,,!:~iL:' ,;: :~: " i~l;~,::Y~~',. ~ ~r ..... . . <Qt ..~. ~,:...~, ..."",..... ":~-'-\~'06-"tl!';'J"_"'~""" ~"'..' ....1fii . . ''',~r- ",_"~~fi ,...,~t -"f.'"- '. . . ',: 'NOTIFY UiilN CASE OF ERilORS OR QUESTIONS'ABOUT YOUR'BILL-'-'{;"'~;;' ' .: :;:~j.:,,~...c:,:.: ..' '. ;.... . ,-:............ ..,.... .... -,..... .-1It;......:....",r - ...'''''.''',.....- ....,1 , I.' ",', .-' ,.'. .....:-r.. -jt't\"<:'-....:.I:..~._.-......,.....~ .'-:, ~~....~.-.~~.......-,.,..'t;.""::"t.~""--' . tf you think your bIll IS wrong:O~ rf you n.;~lmor~'infom.'~tlon 'ab?~.a t~ansa~ci'n on"you; tiill>'~'nte ~~'on a s~~~~te ~'e~~i t~.8 ~d~i!l~I"~.t,8d ,cn your bill. Write to us as soon as posslbl8. W8 must hear from you no later than 60 days after we sent you the first bill on which the error or prcbrem appeared. You can . .. 'but'd ' ' , II....... . ....._r.. .. h . _.it....:~\o.. '1l1"~ r. ~"'" . -,~.ii.'-- l't .... ..).!.Y-:_o~. ~~ " t. '..-' oIfY~...... 'l . . t~~phone us.. , ~Ing s~ WI not.pres~rve y~~ ng ts. ?d~j:'. ,; ~~~,"':~~~.: .:.:.2: ,,:,!.r.: :"" ~\, ~'~'~~'" ~.~'~~.~~~~~, ~.:'._~.j.:;;'~~~.:d';'-:'",;", " In your lener. give us the fo!li~lng Information: . !rG'-;t, -'. I.i?YI:~' ~'\t. . ~-"~,' 'i.,'" ~.~.. .:... ...i.t. "~~"':-:.r.'l' ~r:a.;-,.a;:,'~ '11:)' :'!t''2;'(' !lC'Jo.!~' J,~:.~You'r accouni'numt>e;'- "'..;~:.~,~~..s~~:'~~:"~': ..~~f. ~ ~:,:t~~:~':":~_ ;.~ ~;'~. :;:..~.~,~: ;,:~:j:. r'.~. .-.~ ~~-~, ~~~./ -~1.~' .~.~ ~~ ~"ff'~~-" -'~";';I ~". -,The dollar amount of the su~pec1ed errOf,:.;~..M tf:~..'~ ':"~':'''.:~ ~t~:r~1; -~.~ 'f:J::.t--.~.,;" ~.. ::+.~~. " ~~~. '-'~."1'! .~ ...f~~~, :'':.1::" 1- ,.. 'Descnbe the erro,r and explaln.1t you can. why you belle...e there IS an error. If you need mora InformatIon. descnbe the Item YOd are p<?t sUf8abollt. _ . H you ~~8 au~ri~e~ us to pay,your Person'al Une of Credit Acc~uiit,_~UtomaticallY fro~.yo',:r savin'gs or checking aC~Ou~t~ yoo'6!n'stpp.we ~y~ent on any amount you Ihink. is !"mn9.,T~.sto~;~e pa.ym~n.t ~o~r~le.ne,r,must r~~c.~~~.thlee..~uslnes_s. ~ay.s ~ef~re t~8 autom.:s.t1c p~y~~~! i~ 's~~2u!0<!~0,~~r:' _. ~ -, ';;,.-i.~jfi;~;~:0~~;.~'f-~bt{RiG~i~~ci OUR AE~PON~;ki~rs'i'F-;:iR '~;E;RECE;'vE ~ou~'wRr;;eNr;o~~ti f{~~;~;. '': ' .~ '.. ..:"r~,:.~.#..~,':t..~L.,'.:,.;,~,'~.. '/-~',' ....-....:-'. .. " ......:<f.-.."l;..' ..;.-~....,..:/L~~"'.::<1:. ;.: -.... '~.~,...fMJ';tI'~....1:..'\-""~-at:"tr:...""'.... .... ~ .t':.. '. ,', ,..", , .',' ...,r, -- ~. ~,''''.''l-~ ....~...:...~...,. ..,~..~.'..1~'"....'t'".....",,-.. _'.' Wamust ~kno~ledge your.I~~ue.r. ~it~i~ 30.~ays. un!es,!! we ha~e corr~cte,d.the error ~Y,'t.he:n. WIthIn 90 days. w~ must ei1her corret.!, th8 ~rr~rorexplaln ..,L b I' theb'll '..~....~;'.. ~- t.--l _'''J.~l......"h, ..t".~.\... '. '\" ....<(....~:..:'''.....IJ',j..-.7<(f-~,l..l "\.: wnywe eleve I was correct. . ,.... -.... . .' .....""_". .~,J; ,.~:JJ. ...... .... .............~,..'t..,.~ ..-r.c:-oC".':'I ..... . After we,recelve your lener. we ~nnot try to collect any amount _y~ questl~n. :o~ r~po~ y~ os delinquent. W.e.c~n fonti~~~t,o bill y~.f!J!the amount you question. including finance charges. and we can apply any unpaid amount against your credit limIt. You do not have to pay any questioned a~ount ~ hile we are .inveS11gallng but you are still obligated to pay 'the parts of your bill that are not In quutlon.-' '.- ..-.. ;...' -- ........, ,_"'I.. .. ':. .- ". - .....~~;.:...'"~. . "we find that we made a mistake on your bill. you Will not have to pay any finance charges related to any questioned amount. If we didn't..,;,'ake a mistake. you may have to pay finance charges. and you will have to make up any missed payments on the questioned amount. In eIther case. we Will send you a statement of the amount you owe and the date that it Is'due. _ .~~;. ,. .....: (' ... ..... ~, >-"V..:.;(- ~"":' ..:.-, If you fad to pay the amount that we think you owe. we may report you as delinquent_ Howe...er. rf our explanation does not sausfy you and you wnte to U5 withIn len days tellrng us that you stIli refuse to pay. we must tell anyone we repon 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 repo" you to that the maner has been settled between uS when It finally IS. . '-' <). . "we don't follow these rules. ,we can't co~~ect the first 550 00 of the questioned amount: even If your bIll was correct. '. "~. ..~{~ . ...,-...... ..' ,. '--J, NOTICE OF PROPOSEO CREOIT INSURANCE .':1..'. ':' "r r':V' The Borrowers under thIS Personal Lna of Credit Account Agreement takels) notice that group credit life Insurance coverage will be applicable to thIS Agreement If application has been maae therefor by tMe signer to be Insured. With the coverage to be wflnen by Secuflty of Amenca ufe Insurance Company. Reading, Pennsylvanra, ThiS Insurance. sublect to acceotance by the Insurer, covers only the person slgnln\] tne request for such insurance The amount of the Charge for said insurance IS _00078 per dollar. multIplied by the average dally outstanding balance of the Personal Line of Credit Account dunng 8ach month. The term 01 Insurance win commence as of the date Indebtedness IS Incurred and will expire at the lermlnatlon ot '.,-cur Personal une of Credit Account Agreement SubJect 10 acceptance by the Insurer wllhln 30 days. :~ere will be delivered to the insured a Certlflc3le of Insufance more fully deswbln9 the Insu~ance -- '-----:':"'-.0... FORMHO 09.114 ...I ';ffiJ~nD$~c/Gfd~ AGREEMENT ~mL\ .:.~ DATE: l'.arch 16. 1987 MAXIMUM CREDITS ?G. nnn nn ACCOUNT NO, 7?7,nn?Rnnn,a, Thill! your comract. Please read It and keep It for your records. This contraC1 covers ell present Bnd future loans extended to you under your eNS Pers~ Un. of Crodlt Account. In this Agreement the words YOU Bnd YOUR mean the IndIviduals who have applied to The Commonwealth National Bank for a Personal line of Credit Account and have been approved for credll. We. OUR and US mean The Commonwealth National Bank. creditor. If your account IS 101nt. each of you IS liable for payment of 811 sums owe~. TERMS OF YOUR PERSONAL UNE OF CREDIT ACCOUNT: Upon approval of your PersonalUne of Credit application. we w~1 establish 1I credit limit applicable to your account and el(tend loans to you up to the amounl 01 Ihlll credllllmlt upon your signIng of Persolllll Une of Credit checks which we Will provide to you. These checks may be used 10 draw agalnsl your 101ln accounlln Ihe same way thai ordinary checks may be used to drew against a checking deposit account. Personal line of Credll checks may be made payable to anyone. excepllhalthey may not be used to pay any amount which you owe 10 us under this agreement. They muSI be wotlen ,"amounlS of 5500.00 or more. We are nOI obligaled 10 honor any Perlonal Une of Credit check if to do so would increase your totel outstanding balance under Ihls agreement above your credll hmlt. If we do so. however. which we may do al our discrelion. we may demand immediale repaymenl of Ihe amount In excess of your credll hmn. or add such amounllO your nexl minimum paymenl due. You agree that if any Personal Une of Credit checks are 1051 or slolen, or If an opponunny of unauthorized use exisls. you will noufy us immediately, You also agree lhat we are nOI responsible for the qualrty of any merchandise or services you may purchase through use of Personal Une of Credit checks, if you are a Commonwealth National Bank checking accounl customer. and you have seleCled Checking Account Overdrah Protecnon. you may also obtain Personal Line of CredIt advances by use of lhat festure. as described 8t the end of this lIgreement. We Will revIew your credit limn from lIme to lime. and in the event that the amount of your credit limit is changed. we wiD 10 advise you. You Will owe us the amount 01 an credll extended to you under your Perlonalline of Credit Account. plus any FINANCE CHARGES. credit life insurance Pfemium charges. and any late charges payable under Ihis agreement. Each advance made to you under Ihls lIgreemenl will result in a refinanCing of your outstanding account balance. You promise 10 pay us the total amounl which IS owed. Including any FINANCE CHARGES. credIt life insurance premium charges and late charges as required by our billing stalemenl and thiS agreement. MONTHLY 51 A TEMENT: We will send you a monthly slatement lIS of a billing cycle clOSing date we select which will show the amount of your loans outslandlng. plus the applicable FINANCE CHARGES thereon. and any olher charges payable under Ihis egreement. FINANCE CHARGES: You Will pay a FINANCE CHAASE on the loans made under thIS agreemenl from the day thet W8 extend Ihe lo.In un~1 your payment IS received 8nd the loan or loans are paid in full. figured thIS way: The FINANCE CHARGE Will be calculated by applYing a monthly penodlc rate (based upon an ANNUAL PERCENTAGE RATE1.~in excess of The Commonwealth National Bank's pnme rate as of the close of bUSiness on the next 10 the last banking day of Ihe calendar monlh immedl8tely preceding the month dunng which your monthly penodlc stalementlS rendered. diVIded by '2110 the balance on whIch Ihe FINANCE CHARGE is computed. We figure the FINANCE CHARGE on your account by applYing the penodlc rate to the" Average Daily Balance"' of your accounl (includlngllny current loans advanced) To get Ihe "Average Dally Balance" we take the beginning balance of your accounl each day. add any new loans made under this agreement, and subtraclany payments and unpaid FINANCE CHARGES. ThiS gives us the dally balance. Then. we add up alllhe daily balances for the billing cycle and diVIde the total by the number of days In the billing cycle. The FINANCE CHARGE on loans hereunder beginS to accrue from the date of postlOg 01 each such loan. The monthly penodlc rate apphca~ t~y.qu, r PersonalllOe of Credit Account as 01 the date of thiS agreement IS ~!%. whIch corresponds 10 an ANNUAL PERCENTAGE RATE of ~ ~ VARIABLE RATE; The annual percentage rate WIll Increase dUring the term of thiS agreemenllf our pnme Interest rate Increases. The annual percentage rate will decrease II our prime Interest rate decreases. The Interest rate Will nollncrease above 21 %. norgo below 10%. Any Increase will take the form of hIgher reQuired monthly payment amounts PAYMENTS: The minimum monthly Installment payment which you must pay on your account IS J% of the Tolal New Balance shown on your monthly bllhng statement. or $10000 whichever IS greater We may Impose a SIngle delinQuency charge for each Installment not paid WIthin 15 days ofnsdue date. except by reason of acceleratIon or aehnQuency on a prior Installment. In an amount no: to eIlceed the tesser of 52.50 or 5'3b of such dehnquent Installmenl You may. al any time. pay more than Ihe mlOlmum amount oue. or even the tull amount due. wllhout a penally The sooner you payoff your total balance. the less you will have to pay 1M FINANCE CHARGES ALLOCATION OF PA YMENTS: Each payment we receive Will be applLed agamst any tale charges. FINANCE CHARGES. credit hfe Insurance premium charges and pnnclOal. In that oroer FINANCIAL INFORMATION: You agree to prOVIde us. promptly upon our reQuest. any IMformatlon which we deem necess.ary or deSIrable In order 10 evaluate your current fmanClal conCltlcn from lime 10 time DEFAULT: You Will be In cefaulllt you don'l pay an InSlallment on time; file for bank.ruptcy, exceed your credit lImit. die or become legally unable to manage your aHalfs. or II you tlleak any promise unoer thIS agreement or unoer any other wfll1en agreement between us. You Will also be 1M defaull II you hllve mlde any fal,e or mlsl,....rtmq :;:.ih!n1t:'n: 1M your apphcatlon tor your Personal Lme of Credit Account. or If our pen odIc re\/lew 01 your finanCial condItIon discloses a matenal 1I~..'alse change whlcn affects ....:'''r ability to repay amounts due under thiS agreement Delaull means IhaT wt> can then ~emanO ImmedIate payment of the entIre unpaid balance oWIng to uS under thIS agreemenland our obligations under Ihll agreemenl are lerminated In addition. YOll ,~llst Immedlalely return 10 us any Personal LIne of Credll checks In your possession SECURITY INTEREST. As seCutlty lor any amoullt: owert to us under thIS agreement. you consent and agree Ihat we WIll have alacunty ,nlerest In any 01 your proper1Y or assels In au' posseSSion Illanyl Incluc!ny any 01 your funds on depOSII With us You further agree thaI we WIll have alecumy Interest In the follOWing: o Your real l'5t81l' local~d EXHIBIT C o Olher (OosCnbe) N/A CASUAL TV INSURANCE: tf this agreement is secured by a mongage upon roal estate owned by you. you agree to keep the buildingls) on the real 85tals Insured at all tImes agalnstlos. by fire and any other hazards that we may spoclfy. You may choose the Insurance company. OTHER CHARGES: If this agreement IS secured by a mongage upon real ~t,t~ owned by you. you agree to payus a one time char e, at the time of sigOlng a~ thiS agreement. whIch IS Itemized as fOllows;/,~ordlng mongage$ . satisfaction of mongage S . appraIsal $ N I A . credit repon $ . title 1I1Surance '5 N I ~ . TOT At S . COSTS OF COllECTION: If we have to refer CollectIon of the balance you owe us to a lawyer. you'll pay a reasonable attorney's fee plus coun costs. CREDIT REPORTS: Your performance of thIS Agreement may be reponed to credn reponIng agencies. No one else Will be gIven such informatIon without proper legal process. or your pnor wnnen approval. We WIll try to notify you by phone or by mall of such process In order to gIVe you an opportunity to object to II. We may ask credit reponing agencies for consumer repons of your credIt hIstory In connection with any renewal or laler utenSlon of credit. tf you ask. wewllI tell you whether or not consumer repo'1s were requested and the names and addresses of the credll reponing agencies furnishing the reports. IRREGULAR PAYMENTS: We can accept lale payments or panlal payments. or checks and money orders marked "payment In full." without losing any of our nghts under thiS agreement. OELA Y IN ENFORCEMENT: 'Ne can delay enforCing our nghts under this agreement without losing them. PREVIOUS AGREEMENTS: Ur:.less otherwise required by law. thiS Agreement supersedes all provlOus agreements between us relating to the extension ot credIt under our Personal Une of CredIt Program. TERMINATION: Either you or we may terminate thiS agreement at any tIme. Upon any voluntary termination you must return all unused Personal Line of Credit checks to us and you WIll be required to payoff your balance under the terms of this agreement In effect at the time of termInation. LEGAllY BINOING EFFECT: The panlos to this Agreement intend to be legally bound. The promises and obligations contained in tNa Agreement shall be enforceable against Bach of you. jointly and severally. This agreement shall bind your heirs. executors and personal representatIVes in Iddition to yoursetves. It there is any conflict between any of the terms and conditions of this Agreement and applicable law. thIS agreement WIll be deemed changed to the enont necessary to comply wllh the law. APPLICABLE LAW: ThIS Agreement shall be governed by tho laws of the Commonwealth of Pennsylvania. and to the extant controlling. of the United States at Amenca. J. Cook CREDIT LIFE INSURANCE INFORMATION CredIt Life Insurance IS not requIred by us. No charge IS made for such Insurance and none is prOVided unless fhe followmg application is signed and dated by the person to be Insured: I doslre the CredIt life Insurance for whIch I am eligIble. through Secunty of Amenca life Insurance Company. Aeading. Pennsylvam.. the cost of which shall be at the mOnthly rate of .00078 per S 1.00 1$.78 per 5 1.000l multIplied by the average dally outstanding balance of my account dumg each month. Date Signed Proposed Insured's Signature Date of Sinh CHECKING ACCOUNT OVERDRAFT PROTECTION If you are a Commonwealth NatIonal Sanlc. checking ac ount customer. we Will prOVide you With overdraft pr01eCtlOn If you slg" the separate applicatIon below If you efect overdraft protectIon. we Will treat each overdraft on your checking account as a request for a loan advance under thiS 'greement. and we Will transfer to your checking account an amount, tn multIples of 5500, suffiCIent to cover the overdraft. You may also reQuest such transfers by presentIng a wnnen request to us for an o\l8rdraft protectIon depOSit. You understand that we Will not make any transfers which would result In totalloan5 exceeding your appro\led credllllmlt Checking Account No NOTICE SEE REVERSE SIDE FOR IMPORTANT INFORMATION Onglnll- Bank JOlOt .ccount stgn PIOk - SOrTower -. -'-'~ W,Pp ..... . --_'0 ~ __ -.""Il:1'" _ . ..,;.. . .. . J.. ..._-:.".. 7, YOUR BIWNG RIGHTS-KEEP THIS NOTICE FOR FUTURE USE .. " " .... , ;t' .. . . , ~ .... Ths notice conlalns information imponant about your nghts and our responsibilities under the Fair Credit BIlling Act. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR Bill tf you IhlOk your bill IS wrong, or if you need more information about a transaction on your bill, wnte us on a separate sheet at the addres.listed on your bill. Wnte to us as soon as poSSible. We must hear from you no later than 60 davs after we sent you the first bIll on which the error or problem appeared. You can telephone us, but dOing so wIll not preserve your nghts. . En your letter, give us the following information: .. 7,"T" Your account number. .... " t';: . The dollar amount of the suspeCted error. .~. ;~. Descnbe the error and explain, if you can. why you b~ieve there is an error. If you need more information. descnbe the item you are not'Sura about. tf you have authorized us to pay your Personal line of Credit Account automatically from your savings or checking account. you can stop the payment on any amount you thInk is wrong. To stop the payment your lener must reach us three business days before the automatic payment is scheduled t? ~cur. '.-,. YOUR RIGHTS ANO OUR RESPONSIBIUTIES AFTER WE RECEIVE YOUR WRITTEN NOTICE .' ..' . ." . :. .~ ~~'":''''' We must acknowledge your letter, wnhin 30 days. unless we have corrected the error by then. Within 90 days, we must either COlTlllct the error or explain why we believe the bin was correct. '." ::- After we receive your lener, we cannot try to collect any amount you questIon. or report you as delinquent. We can continue to bill you for the amount you questlon.lOcludlng finance charges. and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amou.nt wh~e we are Investigating but you are stili obligated to pay the parts of your bill that are not in question. . ,..' It we hnd that we made a mistake on your bill. you WlII not have to pay any finance charges related to any QUestioned .mount. If we didn't make a mlltake. you may have to pay finance charges. and you WIll have to make up any missed payments on the questioned amount. In etther case. we will send yOu. statement of the amount you owe and the date that It IS due. . If you fall to pay the amount that we think you owe, we may repon you as delinquent. However. rf our explanatIon does not satiSfy you and youwnt8 to us Within len days telling us that you Itlll 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 maner has been senled between us when It finally is. If we don't follow these rules. we can't collect the first S50.OO of the questioned amount. even If your bill was correct. NOTICE OF PROPOSEO CREOIT INSURANCE The Borro.....ers under thIS Personal line of CredIt Account Agreement takels) notIce that group credIt Me Insurance coverage will be applicable to thiS Agreement If applicatIon has been made therefor by the Signer to be Insured. With the coverage to be wntten by Secunty of Amenca ufe Insurance Company. ReadIng. Pennsylvania, ThiS Insurance. sublect to acceptance by the lOsurer. covers only the person sIgning the request for such Insurance. The .mount of the charge for saId Insurance IS 00078 per dollar. multiplied by the average dally outstandIng balance 01 the Personal Line cl Credit Account dunng each month. The term ol.nsurance wdl commence as of the date Indebtedness IS Incurred and Will expIre at the terminatIon of your Personal une of Cred!! Account Agreement. SubJecl to Jcccptance by the Insurer WIthIn 30 days, there will be delivered to the Insured a Cenlflcate of Insurance more fully deSCribing the insurance. '-- -, VERIFICATION I verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. I am authorized to m;:ike this verification on behalf of MELLON BANK N.A. because of my position as Recoverv Manaaer. .. MELLON BANK, N.A. BY:~~ Sill I., II !.L; '~[Lii r;i~'T i'"U'J!;;' '~.'\~";~: flu: 1; 1/ ,~!'~O'" r ',,--I_!:-Hil.1!lWI',/d,i"li IH" ;'I<HH~-)Yl.VtdjIA: CIHINTY IlF 1-ll~tHI'.nLt\rll) M~:I.I,lq~ i1!dH~ rL'\ 'f'- "'. t"llllh ~l,'\i\IIN !. !.;r .\1. !-.. ,to, 1111:1::::; t-; ll.n(.o ::~;lerlff, Ylho l,eult;,1 dUll' ;::....orn acC',:,rdl.ng t ," 1:]...., ~;;j}"3, th-3t he made ~ dllll;.F:Dt .s~aI ch dnd lnqulry i';JI the "'l.t~,in rl::inll':':~ l..~fl2ndant, f:.(:, ....1. t: (~UI.lh !\,\;::F1J ~1 t"lut W;:)3 IJnabl,~ to l_I)C::lte :ter 1 n III ~ t..j 11 ~...., .: r:. Ii'? lh'?l-..:::.i')re J eturn3 th.:;:- CU~l:'!.I\ [NT Ulll ~'-;!.:f\VF[l., .:1:= to t,h+-..:' .., 1 thln rlo:.Hlt2.j dE:'ien,j~n'. CI.I:lr: r:^:..r:rl J flU l\(-rlttfl TAKI-:ll r\l-~h IrL:;i'h:'I~Tr:lt; "l- 'JM A I' rUfdH<;' ~'.; h ~...:' r ~ 11 '::;; \~ (\::...; t. s : C;.""lL:-\:et 1 ng ~...:;C' r 'J 1 r:- t' I'..! f 1 d a v ~ t_ ~;tJl'ch .l-g'~ ~. I~,..?, -'42-~~ :,~,_ ..~~ I'~:r.,_. _f:':" 111 t-.. ~'0 . l..'~j . C'] 'j.I...-'1.:'1 JUS[f-'il 'l'l"It':Ahl1 l ~, ,..''1~::' j o.:.."J.~ -:.... i\ ~l 11 , ,. :1 r , " :,1 !. . /-, : I, .)"..... ;f :1)' (, t '}.i'f , , 1 ) " ":'_t 0. r:'';J ,--)~ 'I" C i'I' jn~L(,-- . .; "-~;:, .1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELLON BANK, N.A., CIVIL DIVISION Plaint iff, No. ~7-3501-Civil vs. MARTI~ IJ. COOK and KAREN J. COOK, PRAECIPE TO REINSTATE COMPLAINT AND TO REISSUE WRIT Def t:'n(t.~il1t.S. Filed on behalf at: r~ELLOti Bl.NK, N. A. Counsel of Record for this Pal'ty: JOHN G. HARSH~lAN, ESQT.;T RE Pa. LD. 116343.1 220 Grant. Stre"t Pittsl'urSlh, PA 15219 (4121 :~81-1322 , - .' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MELLON BANK, N.A., Plaintiff, No. 97-3507-Civil vs. MARTIN L. COOK and KAREN J. COOK, Defendants. PRAECIPE TO REINSTATE COMPLAINT AND TO REISSUE WRIT TO: PROTHONOT^RY: ~ Dear Sir/Madam: Kindly reinstate the Complaint and Reissue the Nrit on the Jbovc c~ptioned c~se. Jl HN G. HARSHMAN, ESQUIRE Attorney for Plaintiff 5. On or about June 24, 1986, Defendants applied for and were granted an increase in their credit limit on said Personal Line of Credit, designated as Account No. 72730028000391, with Commonwealth National Bank, predecessor in interest to the Plaintiff. A true and correct copy of the June 24, 1986, Personal Line of Credit Agreement is attached hereto, marked as "Exhibit B", and incorporated herein by reference. 6. On or about March 16, 1987, Defendants again applied for and were granted an increase in their credit limit on said Personal Line of Credit, designated as Account No. 72730028000391, with Commonwealth National Bank, predecessor in interest to the Plaintiff. A true and correct copy of the March 16, 1987, Personal Line of Credit Agreement is attached hereto, marked as "Exhibit C", and incorporated herein by reference. 7. On or about December 26, 1995, this account was charged off leaving a balance due on this account in the amount of $24,997.44. 8. On or about July 29, 1996, Defendants tendered their last payment to the Plaintiff, Mellon Bank, N. A., which was applied against the account leaving a balance of $24,197.44. 9. On or about January 17, 1997, the charge off interest ($2,541.97) and new interest for the period December 26, 1995 through January 17, 1997 ($1,168.77) or $6.80 per day was compounded along with any late charges and finance charges as provided under the Personal Line of Credit Account Agreement in the amount of $3,710.74. 10. Defendants are in default for their failure to make timely payments when due and by failing to pay the unpaid balance existing on the account, leaving a balance due and owing on the account in the amount of $27,908.18 as of January 17, 1997, plus interest thereafter. II. In addition, pursuant to the Personal Line of Credit Account Agreement(s), Plaintiff is entitled to attorneys fees, which Plaintiff alleges to be 15% of the outstanding balance, which amounts to $4,186.22, leaving a total amounl due and owing of $32,094.40. 12. Despite demand, Defendant has failed to pay the total balance of $32,094.40. WHEREFORE, Plaintiff requests judgment in its favor and against the Defendants, MARTIN L. COOK and KAREN J. COOK, jointly and severally, in the amount of $32,094.40, plus interest from January 17, 1997 at L'Je rate of $6.80 per day and the costs of suit. '1 I BY: "-.a-e)1 ~v( JO)IN G. HARSHMAN Attorney for Plaintiff '." . ..-- . I.' ....-.-....--f9"~, --a.t-....~......,........"'V-.. 'OfWNQ 01.1" .g:f4J/>nnt;f,,.rjl1d/-== AGREEMENT ~m.L\ ;. DATE, September 9, 1985 MAXIMUMCREOITS 6,000,00 ThillS your cannaet. Please rllld It and keep It for your recordl Thll contrlct cove,. all preunllnd future lain I e.tended to vou under vourCNB Personal un. of Credit Account. In this Agreemenl It'le words YOU and YOUR mean It'le IndiVIdual I who have applied 10 The CommonwlIIUh Nallon.1 Dank for 1 Peraonll Une of Credit Accoum and have been Iccroved for credll We, OUR Ind US mean The Commonw"l1h National Olnll., credItor tf your account IS 101nt. each of you II hable lor payment of aU sum, owed TERMS OF YOUR PERSONAL UNE OF CREDIT ACCOUNT; Upon apmoval of your PfHlonal wne 0' CredIt Ipphcatlon, we Will lltabli,h 1 crodi'llimit applicable 10 your account and extend loans to you up to the amount of thai credltllmll upon your Ilunlnu 01 Perlonll une 0' Credit check. whtch WI WIll prOVIde to you. These checks may be used to draw against your loan account In the same WIV thai ordlnlry chick I may be ulDd to draw IgI.nlt I checking depOSit account. PersonalllOo 01 CredIt check I may be made p.yable to anyone. e.ceptthallhey may nol be uud to pay any amount which you ow. ro UI under this .greement They must be wnnen In amounts of $50000 or more We Ite not abllo.ted 10 honor any Pe"oolllme of Credit check d to do 10 would increase your total outstanding balance under lhls agreement above your credIt limit. If we do 10. however. which we mlV do It our drlCretlon. WI may dlm,nd immediate repayment 01 the amount In ucell of your credit limn. or add Iuch amount to your nut mInImum plvment dUI. You agre. thlt d Iny Personal Un, 01 Credit checks are lost or stolen. or rf an opponumty of unauthoOled Ule eX1111. you Will notify UI Immediately You ,110 Igrll thlt WI.,e nOI respon'lble for the quality of any merchandise or servlcn you may purch... through UII 0' Perlonalllnl at Credit checkl ~ tf you Irll CommOnwtlllh National Blnk checking acCOunt CUltomer. .nd vou have sellclld Checking Account Overdraft PrOleC1lon. you mly llso obtain Personal line at CredIt advanc.. by Ult of that feature. II ducflbed ., thl end 0' thll Igreement. We will review your credIt hmlt from tIme to lime, and In Ihe Ivent Ihltthe amounl 0' your credit hmn II changld. WI WIll 10 IdvlII you. You Will owe uS the amount of all credit extended to you under your Personal unl of C,edn Account. plu. any FINANCE CHARGES, cfedlt life inlUfanc~ premium charges. and anv ~tl chargel paV.ble under thl' agreement ~ Each advance mada to you under thiS agreement WIll relull In a raflnanclng of your DuUllndlOg Iccounl balance. You promlsa to pay us the! tOlal,mounl which IS owed, includIng any FINANC[ CHARGES, crldrtllte Inlurance premIum chargealnd Iltl chlrgll'l required by our bllhng statement and thiS Igreement. MONTHLY STATEMENT: We wlllund you I mOnthly statement.. of I billing cvct. cIa lIng dltl w. IIIIC1 which wlJllhow the Imount of your lOins outltlndlng. Clul the ICPhClole FINANCE CHARGES thereon. Ind Iny other cNrgl' PlYlbl1 unOlr Itllllgralmlnt FINANCE CHARGES: Ycu Will pav. FINANCE CHARGE on lhe 10lnl madl umler Ihl' au,eemlnl from Iha day Ihlt wa ..lend the lOin until your payment is received .nd the loan or loans Ire p.ld In full. figured IhlS way The FINANCE CHARGE will be calculated by applVlng a monthlv putlotllc tll. Ib...d upon tn AN CommonwealthNatlonalS.nk's pnme rate as 0' the ctole 01 bUlln".. on the nUllo H11 lilt tHInking the month dutlng whlcn your monthly pen001C statement IS rendered. diVided bV 12110 the Oalance () figure the FINANCE CHARGE on your account bV applVlng thlt periodiC ralo 10 Ihe . AverlHe Dallv 0 .dvancedl_ To get lhe '"Average Dallv Balance' we take the beglnnlfH) bllance or your ae 0 11 agreement. and sublract any payments and unpJld FIN,.~ NCE CHARGES 1 hi' tjl"'U US ltl lOll h.' H,n,we bllflng eve Ie aM dlVloe tne total bv tne number of days In the llilling cvcle The FINAtJC[ Ct , "0 Olnl he'eunO posting of each such loan The monthlv penadlc rate 1I0pIH~able,.lQ, your Personal line 01 Credll Accounl' an ANNUAL PERCENTAGE RATE oll~", VARIABLE RATE: The annual percentage rate ~i1llncrease (lWlng Ihe IfHm ol.t<rIS. decrease II our pnme Interesl rale decreases The Interest rate Will nallncrelllt 10 monthly pavmenl amounts PAYMENTS: The mlOlmUIT' monthly ulstallment paVmf!nl whIch you Illu IIHI 0 nur acc statement, or S 100 00 .....~lc.,e...er.5 greater ",Vt! 11"<1 rnpO!loH.1 'i~' 'ilr. 'I '"l.., 01 reason 01 acceleration or cellncuencv on a ptlor Inslal en!. Ir an lutll fl : 10 ttll,;Oel]I You may. al any lime DaV more than the mlnlnlUm our ell . U VB" I e full aftlow less you will have 10 pay In ':INANCE CHARGES ALLOCATION OF PAYMENTS. Each pavmenl we 'flee IrUI//HI.,.- la Ch/tHjU FINAyE C iA~ " . credl and pnnCloal. In Ihat order , FINANCIAL INFORMATION: YOu agree to 0'0\11(1& us. r I .Inv IIlIIl"lla~hlct Wit en'lneces your current IlnanClal conalllon from lime 10 time DEFAULT. You .....111 Oe In celault II YOU (jon I pay an .USTo1l1nllHll 01 '" ll,lllk'ulltr.., lilt "ltl' Pt'ell1 limrt al me legally unable to mllnage your .llfalrs. or II yOU break any promise unt1Q' lhlS ,Ul'f!t'tllHnl 01 IHI11.., 11..,. I '.....1 lIt'" .1jl,,"""''''1 tIll 'IJ!. You .....,11. I default If VOu hlIve made any false or mls,leaolng slatemenl I" ..,.Ou' .10pllc.1I10n 10' you' P"'SOIl ll!~1. of'!...'111111 /\C(I)\lfll m of ou' IIIHlhilc re...le..... 01 V u flf....cl.1 condition dIscloses a material adverse change wnlch aHe::l!> "'Our .1tl!hlY l~ldY .IlT'( 'l!o ,. '01"""';" 1111' "II' f' t'rn 'n Delault means lOal .....e can Inltn (lema." Ir~l""I.I1' 1." nr lllf' BI1II1, III h. '!lOt tlWIIHII~lJ uMer tt'! reoment and our obligatIOns under thIS agreemenl are lermlnllea In addition YOI.;nllJ...jll"\flllOC~lI 'HlJIn 10 II' .tH,. dl t '111 Il' ('PI111 C "'50 In \ au osseSS1Qn SECURITY INTEREST As secur11y tor a" ,"1{)wll:.,tJ......11IO Il' \Jf\llfl1lll1 . '1" n "'1"1 r_(lnS!!nl.lI dcltflfl that we Will have a secunty Interest In any of your property or assets In ou' pcsst!'!oSlonlll all.., I l:!U,ill1)1 ,!I'y <11 11111 'utl". UII 1'1 'I ""11111" "111 hjrl1"'~lh1 we will have a secumv tnterest In the follOWing: :: Your real eSlall' IOc.llen -~--~"---- . :..; /.^" r\- - . . _F_n_-J ,1 ACCOUNT NO 72730028000391 E RATE 1% In excess or The month ImmedIately precedIng CE CHARGE II computed. We unt hncludlng InV current loans nv new lo.ns mlde under Ihls p aU the dllllV balances for the to accrue from the date of ~ %. whIch corresponds to Slr.ble In order to evaluate I .\ 1111111' 1\ D Other IOescnbel CASUAL TV INSURANCE: If this agreement is secured by a mo Insured at all time! against loss by fire and any other hazards that OTHER CHARGES: If lhls agreement is secured by a mongage up es te owned thIS agreert'eQt. whIch IS Iten:llzed as tollows: recQt(1Jtl.9 mon9 . 05 N LA , credit report 05 N t..tS:. . tnl ns ranee S COSTS OF COLLECTION: If we have to refer collection of the batan au owe US to CREDIT REPORTS: Your performance of this Agreement may be reponed to cr r proper legal process. or your pnor wnnen approval. We will try 10 notify you by phon or b We may ask creOl[ reponing agenCIes for consumer repons of your credit hIstory In connec you whether or not consumer repons were reQUesled and lhe names and addresses of th cr it reporting agencIes furnishing the repons. IRREGULAR PAYMENTS: We can accept late payments or partial payments. or checks and money orders mark.ed "payment In full." wrtnout losing any of OL nghts under thiS agreement. OELAY IN ENFORCEMENT: We can delay enforCIng our nghlS under lhls agreement without 10S1Og them. PREVIOUS AGREEMENTS: Unless otherwise reQUired by law. this Agreement supersedes all previous agreements between us relating to the extension c credit under our Personal Une uf Credit Program. TERMINATION: Either you or we may terminate thIS agreement at any tIme. Upon any voluntary termInation you must return all unused Personal Line of Cred; checks to us and you Will be reqUIred to pey off your balance under the terms of this agreement in effect at the tIme of termination. LEGAllY BINOING EFFECT: The panies to this Agreement !Otend to be legJlIy bound. The promises and obligations contained in tm! Agreen ,nt shall bt" enforceable agaInst each of you. JOintly and severally. This agreement shall bind your heirs. executors and personal representatives in addition to Yl 'Jrselves.. there IS any conflict between any of the terms and condltJons of thIS Agreement and applicable law. thiS agreement will be deemed changed to "he oten necessary 10 comply with the law. APPLICABLE LAW: This Agreement shall be govemed by the laws of the Commonwealth of PennsylvanIa. and to the extent controlling, of tho Unitec 'itates o' Amenca. rgo, at 1~ fire of signing c , apprals~ The foregoing terms and conditIons are all agreed to. Each person Slgn,n elaw a. Borrower or Co-Borrower acknowledge. recelat of ~J.~~ thIS agre~ Da'e: J 3 :.s- ~ r:1 "'. Signat e orrower - Mart n L. Cook CREDIT UFE INSURANCE INFORMATION Credit ufe Insurance is not required by us. No charge IS made for such Insurance and none IS prOVIded unless the following application is signed and d3ted t: the person to be Insured: . . I deSire the CredIt life Insurance for whIch I am eligIble. through Secunty of Amenca Ufelnsurance Company. Readll1g. Pennsylvania. the cost of whIch sh.:l be at the monthly rate of ,00078 per S 1.00 (05.78 per S 1.0001 multiplied by the average dally outstandIng balance of my account dunng each month. Date Signed Proposed Insured's Signature Date of Binh CHECKING ACCOUNT OVERDRAFT PROTECTION If you are a Commonwealth National Bank checking acCOunt customer, we will prOVIde you With overdraft proteCllon If you sign the separate applicatlo' below. If you eleCt overdraft protectIon. we WIll treat each overdraft on your checking account as a request for aloan advance under thIS agreement. and we w' transfer to your checkrng account an amount. In multIples of 05500. suffiCIent to cover the overdraft. You may also reQuest such transfers by presentIng a wnne' request to us for an overdraft protectIon depOSIt. YOu understand that we Will not make any transfers wnlch would result In total loans exceeding your approve credit IImll. Checking Account No. I request overdrah: protection; ApplIcant" s sll;~nature NOTICE. SEE REVERSE SIDE FOR IMPORTANT INFORMATION Onglnal- Bank JOint account signature Pink - Borrower Pink-Co-Borrower ,'..-- ~. ... /- f".... ," YOUR DilLING mOttTS -KEEP ThiS NOTICE FOR FUTURE USE :., J.~. .,_ \ . .j, '. - This notice contaIns Information imponanf about your nQhtl ..nct our ,..ponllbdlll.. und.r Ih, Fair Credit Billing Act. '. NOTIFY US IN CASE OF EJlIIOIIS 011 QUESTIONS ADOUT YOUII Dill '..t, If you think your bill IS wrong. or If you need mall Inform. lion "bout 01 It'nllletlon on your bill. wntlt us on a separate sheet at the address listed on ~'our bill. Wnte to us as soon as possible. We mUlt hear from you no lat" than ftO day, ,tfter WI unt you Ihe fir" bill on which the efTOr or problem appeared. You can telephona us. but doing so will not preserve your nghtl . In your lener. give us the follOWIng information Your account number. _i The dollar amount of the suspected error. Oescnbe the error and explain, I' you can, why you b,lI,ve Ihe" II .n ."or If you need more Information. descnbe the item you are not sure about. If you have authonzed us to pay your Personal Unl of C'ldlt Account .utomlucaUy rrom your savings or checking account. you can stop the payment on any amount you think is wrong. To stop t.hl payment your l,ner mUlt rlleh ul thr.. bUllne.. days before the automatiC payment is scheduled to occur. ;.... YQUR RIGHTS ANa OUR IIESPONSIOILlnES AFTER WE RECEIVE YOUR WRITTEN NonCE . ..... - -',';,0. - ._~ ~ '.' ..::: .~. . We must acknowledge your Iemer, Within 30 day.. unl... w. h,v. corr,cHld thl 8"or by then. Wllhin 90 days. we must erthercorrect the error or explain why we believe the bill was correct. .: .., . After we receIVe your lener, we cannOtlry to collecl any .mounl you qUllllon. or ,epon you as delinquent. We can contInue to bill you for the amount you questlon. Including finance charges, and we Cln Ipply .any unpaid amountlll,lnll your credit limit. You do not have to pay any Questioned amount while we are Investigating but you ate still obligaled 10 PlY If" plnl of your bllllhlt ",. nOlln Queltlon ~."- II we find lhat we made a mistake on your bill, you Will not hav. 10 PlY .oy finance chargctS relaled to any questioned amount. tfwe didn-tmake a mistake, you may have to pay finance charget, and you Will hav'lo m.ke up any ml"ld plymenll on lhe questioned amount. In either C3se, we will send you a statement of the amount you owe and the dale Ihat It I' due If you fall to pay the amount lhal we Ihlnll you 0.,.,'. .,.,e mly report you iIII delinquent _ Ho.,.,ever. If our explanation does not satisfy you and you wnte to us within ten days telling us that you stili ,.fuUl to PlY. .,.,e mUlt f.llloyons we rlpon you 10 thai you have a question about your bill. And. we must lell you the name of anyone we reported you to We mUlt fell Jnyone 'he fltpOft yOu 10 tMI the matter has been sBnled between us when It finally IS. It we donor follow these rul~s. we C3nl ~alldct Ihe lirsl SSO 00 IJ' the Queslloned Jmount. even It your bill was correct. NOTICE OF PROPOSEO CIIEOIT INSURANCE The Borrowers under thIS Personal Line 01 Crltdll Accoynt Al],,!em.nt takelsl nOllce that group credit hfe insurance coverage Will be applicable to this Agreement If ilPpllcatlon has been m4de Itt.felor by the '11}l'ler 10 be Insur.d. With the cover3ge to be wnnen by Security of Amenca ufe Insurance Company, Reading. Pennsylvania Thll Insurance. SUDlect to JCClptllnCe by the Inlurer. covers only the person 51gnlOg the request for such insurance_ The amount of the charge for 'laid Insurance'I 00078 pllr dall.r, mulhPlild by the average dally outstanding balance of the Personal line of Credit Account during each month. The term of rnS\Jrance ""111 commence .I, ollhe d"e InC1ebllldnen I' Incurred Jnd Will expire at ttle lermlnatlon of your Personal Line of Credit Account Agreement. SubleClla Jr:::eplanco by UlIt ,n!'ouflltf W"~I" 30 rlol\" I""" ""'Ill bd I'jl!hvered to the Insured J Certificate of Insurance more fully descnbing the insurance. - FOAM NO 09.81" .9f~na&~~ ~~mL\ DATE: June 24, 1986 MAXIMUM CREDITS 15,000.00 ACCDUNTNO.72730028000391 This IS your conuact. Please read it and keep It for your records. This contl1lct covers all present and future loans extended to you under your CNB Persona line of Credit Account. . In this Agreement the words YOU and YOUR mean the Individuals who have applied to The Commonwealth National Bank for a Personallino of Credl Account and have been approved for credit. We. OUR and US m~uln The Commonwealth Nauonal Bank. creditor. tf your accountlsloim. each of you IS liable for payment of all sums owed. TERMS OF YOUR PERSONAL UNE OF CREDIT ACCOUNT: Upon approval of your Personal Une of Credit tlppbcation. we win establish a credit liml app~cable to your account and extend loans to you up to the amount of that credn limit upon your slgOlng of Personalljne of Credit checks which we will provld( to you. These checks may be us&d to draw againsl your loan account In the same way that ordInary checks may be used to dllllw against a checking deposl account. Personal Lme of CredIt checks may be made payable to anyone. except t!lat they may not be used to pay any amount which you owe to us under thl: agreement. They must be wnnen in amounts of $500.00 or more. We are not obligated to honor any Personal Una of Credit check rt to do 10 would increase you. total outstandmg balance under this agreement above your credit limit. tf we do so. however. which we may do at our discretion. we may demand immediau repayment of the amount in excess of your credn limn. or add such amount to your next mintmum payment due. You a9rH that rt any Personal Une of Credr checks are lost or stolen. or If an opponuOlty of unauthorized use exists. you will notify us immediaully. You also agree that Wilt are not reaponsibla for the qualil' of any merchandise or services you may purchase through use of Personal Une of Credit checks. , ;.. tf you are a Commonwealth National Bank checking account customer. and you have selected Checking Account Overdraft Protection. you may also obtair Personal line of Credit advances by use of that feature. 8S descnbed at the end of thiS agrHment. We will revIew your creditlimtt from time to time. and in the event thet the amount of your credit limit is changed. we will so adviH you. , You will owe us the amount of all credit ertended to you un~er your Personal Une of Credit Account. plus tiny ANANCE CHARGES. credit life insuranCE premium charges. and any tatt charges payable under this agreement. Each ~dvance made to you under this agreement will result In a refinancing of your outstanding account balance. You promise to payus the total amount which IS owed. including any FINANCE CHARGES. credit lite insurance premium charges and Itlte charges as requirec by our billing statement and this agreement. MONTHLY STATEMENT: We will send you a monthly statement as of a billing cycla closing date we select which will show the amount of your l08n~ outStandIng. plus the apphcable FINANCE CHARGES thereon. and any other charges payable under thIS agreement. FINANCE CHARGES: You will pay a FINANCE CHARGE on the loans made under thIS agreement from the day that we eXUlnd the l08n until your payment I~ received and the lo~n or loans ere paId In full. figured thIS way: The FINANCE CHARGE will be calculated by applYing a monthly penodic rate {based upon an ANNUAL PERCENTAGE RATE 1% in excess of The Commonwealth NatIonal Bank's pnme rale as of the close of bUSiness on the next to the last banking day of the calendar month immediately preceding the month durtng wnlch your mOnthly penodlc statement IS rendered. divided by 121 to the balance on whIch the FINANCE CHARGE is computed. We figure the FINANCE CHARGE on your account by applYIng the penodlC rate to the" Average Daily Balance" of your account (including any current loans advanced). To get the "Average Dally Balance" we lake the begInnIng balance of your account each day. add any new loanl made under thiS agreement. and subtract any payments and unpaid FINANCE CHARGES. ThiS gives us the dally balance, Then. we add up all the daily balances for the bIlling CYCle and diVIde the 10lal by the number of days In the bllhng cycle. The FINANCE CHARGE on loans hereunder begIns to accrue from the date of posting of each such loan. The monthly penodlc rate applt~bJe 1J;t WJur Personal Line of Credit Account as of the dete of Ihls agreement iD--B.3..3. %. which corresponds to an ANNUAL PERCENTAGE RATE ol~"%, VARIABLE RATE: The annual percentage rale WIll IncrlC!ase cunng the lerm ot thIS agreement If our pnme Interest rale increases. The annual percentage rate wII: decrease If our preme Interest rate aecreases. The Interest rate WIll not Increase above 21 %. nor go below 10%, Any Increase WIll take the form of higher requlrec monthly payment amounts. PAYMENTS: Th! mlntmum monlhly InSlallment oayment whIch you must pay on your accounllS 3% of the TOlal New Balance shown on your monthly billing statement. or 5 100.00. whIchever IS grealer, We may Impose a Single d~hnQuency Charge tor each Installment not paId Within 15 days of itS due date. except by reason of acceleratIon or cehnQuency on a pnor Installment. In an amount not to ell:ceed the lesser of 52.50 or 5% of such delinquent Installment. You may. at any tIme. cay more than the minImum amount due, creven thefuU amount due. wlthouta penalty. The sooner you payoff youtlotal balance. the less you WIll have to pay In FINANCE CHARGES. AllOCATION OF PAYMENTS: Each payment we receIve will be applied against any lale charges. FINANCE CHARGES. credIt lite insurance premium charges and pnnclpal, In that order. FINANCIAL INFORMATION: You agree to prOVide us. promp11y upon our request. any Information whIch we deem necessary or deSirable In order to e\laluate your current financIal condItIon from time to time. DEFAULT: You Will be In oefault tfyou don't POI\-' an Installment on tIme: file for bankNPtcy; exceed your credit limit; dIe or become legally unable 10 manage your affaIrs; or It you breall. any promise under tnls agreement or unaer any other wnnen agreemenl oetween us. You WIll also be In default If you have made any false or misleading statement In vour appliCatIon tor your Personal Line of CredIt Account. or If our penodlC re\llew of your finanCial condition dIScloses a matenal adverse Change which aHects your ablhlY to repay amounts due under Ihls agreement. Default means mat we can then demand ImmeCll31e payment of Ihe entIre unpaid balance OWIng to us under thiS agreement and our obligatIons under thIS agreement afe termInated. In addItIon. you must ImmeCllately return to us any Personal LIne of CreCllt Checks In your possessIon. SECURITY INTEREST: As secunty lor any amounts owed to us under 1hlS agreemenl. you consen~ and agree that we will have a secunty Interest In any of your property or assetS In our OOSS85Slon llf anyllncluCllng any of your tunClS on ceposrt WIth us You further agree that we WIll h!vea secuntv Interelt In the follOWing o Your real eslate located N I A AGREEMENT EXHI13IT B o Othor IOoscnbol -- NTA' ~ASUAl TV INSURANCE: tf ttu, agreement IS secured by a mongage upon fell estate owned by you. you agtellto keep the buddinglll on the real estate Insured at alltlmas against 1011 by fire and any other hazards lhat we may speerfy. You may choon the Insurance company. OTHER CHARGES: If .hlS agroomon'lS socurod bV. martgago uDan rO.loSla'~"l"A'od bV Vou. Vau 'groo'a D'VuS aano'';;i :.':&~ l' tho '""0 of sign'ng of thrs agreNrN' whIch IS Itemized as 'ollowsN7~rchng mortgage S N ' A' satisfactIOn of mengag. . appraisal S . credit report S I. . tnle Insurance S I : TOTAL S . COSTS OF COLLECTION: If we have to rufer colleCTIon of the balanCB you owe us to a lawyer. you'" pay a reasonable anomey's 'ee plus coun costs. CREOIT REPORTS: Your performance of this Agreement may be reponed to credit reportlng agenCies. No one else will be given such information wl1hout proper legal process. or your pnor wnnen approval. We Will uy to notrty you by phone or by mall of such process In order to give you an opponunity to object to It. We may ask Credl1 reponing agenCIes for consumer repons of yourcredl1 history In connection Wlth any renewal or later extenSion of credit. tf you ask. we will teU you whether or not consumer repons were requaSted and the names and addresses of the credit reponing agencies fumlshlng the reports. IRREGULAR PAYMENTS: We can accept late payments or pamal payments. or checks and money orders marked "payment In full." wRhout losing any of our nghts under thiS agreement. OELA Y IN ENFORCEMENT: We can delay enforCing our nghts under thiS agreement without 101lng them. PREVIOUS AGREEMENTS: Unless otherwIse reQUIred by law. this Agreement supersedes all prevIous agreements between us relatJng to the extenSion of credit under our Personal Line of Credit Program. TERMINATION: Either you or we may terminate this agreement at any time. Upon any voluntary terminatiOn you must rerum all unused Personal Une of Credit checks to us and you will be reqwed to payoff your balancs under the terms of trus agreement in effect at the time of termInation. LEGAllY BINDING EFFECT: The parties to thiS Agreement intend to be legelty bound, The promises and obligatlons contained in thil Agreement shall be entorclllble against each of you. jointly and severally, This agreement shall bind your heIrs. executors and personal representatives in .ddition to yoursetves. If there IS any confhct between any of the terms anct condinons of thls Agreement and applicable law. thIS agreement Will be deemed changed to the eX\ent necessary to comply with the law, APPUCABlE LAW: This Agreement shall be governed by the law! of the Commonwealth of Pennsylvania. and to the extent controlling. olme United States of Amenca. The foregomg terms and conditions are all agreed to. Each person sIgning below as Borrower or Co-Borrower acknowledges receIpt 1-(r::;:..1(,... Date: Cook Cook CREDIT UFE INSURANCE INFORMATION Credltufe Insurance IS not reQ\.l1red by us, No charge IS made for such Insurance and none IS pro\llded unless the follOWing application is signed and dated by the person 10 be ,"sured: I desIre the Credit ute Insurance for which I am eligible. through Secunty of Amenca ufe Insurante Company. Reading. Pennsylvania. the COSt of whlch shall be at the monthly rate of .00078 per $1.00 ($.78 per S 1.0001 multIplied by the average dally outstandIng balance at my account ctunng each month. Date SIgned Proposed Insured's Signature Date 01 Sinh CHECKING ACCOUNT OVERDRAFT PROTECTION tt you are a Commonwealth NatIonal Bank chKlung account customer, we wtll prOVide you with o\lsrdraft prOteCtion If you SIgn the separate application below II you elect o\lerdratt protection, we Will treat each overdraft on your Checking account as a reQuest for a loan advance under thiS agreement. and we WIll transfer to your cnecklng account an amount. In multiples of 5500. suffiCient to cO\ler the o\lerdraft. Vou may also reQuest such transfers by presenting a wnnen reQuest to uS ler an overQraft protection deposII. You unl1erstJnd that we will not make any transfers which WOuld resl;lt.n total loans uceedlng your approve a credlt limIt Checking Account No I request o\lerdratt prOleCtlOn Applicants slgnatun, NOTICE, SEE i1EVEi1SE S;CE FOR IMPORT,\NT INFORM,\TlON Onglnal - 8anl( ..o.nt Jc::cunt ;1';'-..1:\.,., Ptnk--Bonower Plnk-Co-BorTower ~ ... .l ., ....___ .. ____ r ~'-.oI!~.'.... -:-:T"r-' .. _. -~ _'_ .1-:., I .,. .....:~.< '::,' ::;'..:.::'"r::"- :.....". .~~::~. .~~.... , ." ..~~.. ;..: ..~\- .~ \t:. . w':::.:'\:, ,,:;'~i~.i:~;;~.;) ~':; . 'i...:.... :~;~~~}~,"::~:' ~ 'i"-~:" ~:':.' :~:<.~'.~.-::~t~~;~..~.:::, '.-....f-'1..~'.I.,.-..,... -"... - .,;. ~f',:"'''f'\1'\ ........- . ..~ '_;;-'"'\,"-r' .):."",~;J...;.'~" '.f.. - 4 ,,' :~-:' :_ ~_-". ~ ~.~ ..~:.. ....._:~OUA et.~N~ RIGHT.~.~~~P..~I~.~~.TI.~E.FO~FUTU~E.~.SE .....~.~ :.:~,;.;.~ ..:.~~z.~ :'~~7t,.. . Ths ;o~:ce ~~~t31n; I~'o~'at~:n l~po~a~t'~b~~1 y;~! ~.~~~~ ~~'~~!~~~~'~;~~lil~e.;~~a~~';h~ Fa:r~ ~e~lt ~'J!F~A.~t.:,,'n~.: t.. :1, f=~('~~~.~ ~~ '. "~ . ..... ',- ~"."''''''', ,... :.iiI......-- .....:'t'...., :t.-_f("~.~..,;.~.....,..:, .......,'.,_..... .. ,~ ..... ..: -1l _.-,' ":!'!r' "_"~"'" "",~l ...,.._ .~~., ." .. ..... ~.......-:,..,.... .'_ '. ... . ......'PI _'.. _ .,'0;;, .'. ...... .. . '. " NOTIFY US IN CASE OF ERRCRS OR QUESTIONS ABOIJT YOUR BILL .' "~ -;; .,',.-,., .- ;;__.ot-r.:"'...~." " '" . ... " I: .-.:.t:: .. .~.:.::...:.:.. ".:.";';,:1.- -. ~'ti-="~"';:"':";"-::?"'':''-;:'''.'~\~';:;":!; ':~:> ~i~..,,:o:t~:~':".::;';"~I~i\-~I~"'~ ~t.-l. .If you think your bill I! wrong, or If you need more information about a transaction on your bill. "Mite us' on .i sitpanne Shee', at the idd'reii'Usted en your bdl. Wme to us as soon as poSSible. We must hear (rom you no'later than 60' days after we sent you the.first bill on whIch the-error o"'i:m;bl~ippeared. You c.1n teJePhone us:bui dOing so Will n'ot~.EreserVeyotr n9tn5. - 'OU"~~.." ':!fp'l~. ..r~ ::'; ':"".: .... ~,~..~;. H. ~::'" "~-:2. ~. .t,'!" .",'".... 31: .J":...-~ ... .. '. .... w~ ". -~.;..t[.""r~,'lo" ..,....;: ;..... ;~~'. ,..;:", ~~l~~."~.~ ....._ J-:11 ~'{'_'! '':''.0_ .. Inyourlenor, glveuI the fO~1 wlnglnformatlon: . !f'''-~ ~ 1~'4'. ~'::Iil.'W.. ,. ~".L.'J:.~ ~.,,- j.....it.. ~~,.~. . . ':Q-..\;, '-' :'!t.,~;,(' ~~. J "y ,. - w." ",' "".(".~~"r.'''''':,,'' ';.:',!oI.:""".: '......~~"":.~ "'J;". '~..,' ~ -'-:'. .,:"'..!'i-"":~'~ -- .. C"-_ - ---" .~..\ OUt account num . ..... -='_r;o~.~.~...... "l1.:.( 1 '" ~..' ,~~-. . u"... .... ..'""", ,. ."" .'. ~..; .,!,. :..,"! _-4.:... .~~;"lli ~".:"'!"I :.. '.' The doll~ amount of the suspe,ped e';'~~~~_:" *:~)' '.::f.;-:~~~' ~;-"";; ~.~ .~~t.>~_..:" ,. -:.~:.: .'~~t. -;-;;:b: J-'! - ~ "t:,:.~ :r:.::- J" .'. 'Oescnbe the error and explain, if you can, ~hy yo~ beheve ths!e !~ a~ error. I!.you _n.!e~ ,:"ore !nf.ormaDon. de.~cnb~ tM Ite~ YO~..I!l!.Pci~ ~re ~~put. . . ~lfyou ~.a~~~ us to_pay,your Personal Une, of Credit ~cc~':'f!1.~omatlcany fro~'yo~! s:wings or checking ac~~u~t:. you ~n,st9P$e ~y.~ent on any a~nt y~u l':":.~ !~ ~ron~. .:~t~~~~ p~.ym~~.t ~~~u..r~'~.ne.r.must r~~~~~.: th:.~a.~usl".~~..~._~ay.s ~ef?r~ t~e autom~,ric ~~~~!~! i~ .s~~~~:!!~ ~~r;' -:-".' .;: ',_, . ...~..,.,-:.;..:&~.:,.,t-..~.s.VlIi,;i ..p;J(,...7")~ ~'I. ....... "...-:".~,....~.._,:::",.",:(':~:-\ '..~. "r,' '~'.'~'U...If~tr" i-~'::':;':'f-..'J'Ilr.;I-:-(' I n". ..,.,.: -'-;:;:',~;f"'--:"';?,,,;';>'.:..';,YOUR RIGHTS ~NO OUR RESPONSIBIUTlES AFTER WE RECEIVE YOUR WRITTEN NOTICE :;::0" '~:>l-"';'_ ',.. .~. , ,. :._. ;.:..i~".:,,:'_'~l..:..::"'l;'~"""~'.-"'..':""'" :...;~~. .., "" ".",.io.~,:,t;. '.' ";'",,"'I.r;.1..~!~~.-.~ -.; .7'"~"" l~-.:):f,;''f...v'.:l~..o;:?'.fi,~~~-e~';~"" , ":..... . ..,.....::- ........ . .,-.~" . -". .",.'.. ..,. . ;.:,",.. ~. ..... :.... ........ \ .-. _. ".:11,' ... . ~.' ..,~'.:.:. .1 .:',.' ... ......-;:i.~_~... .... Wem~st.!..ckno~le~gB your.~~(!~!,~, ~~~i~;9:~ay~. u~~e:.~r~ ~a~..co;~~~_~~~~e e.r~~.Pl:~.~en. .~~~~~ ~O daY;..~~:.~s!!..n.h~rJc,o~~~[Sg!~r~e)['plam why we believe theblUw8s correct. .. ,'.: ". -.... ,- ... -:~,1. .~~ ";:~ -:.....: ~... .' -:.:.:.-.;:.:..--.~ .....1:~.. ....,::.~.~.- _..~. .' .. ~fter we.recelve your.lener" we ~nnot try .to c~lIect .any amount ,y~ questlc?~, :o~ r,epor:. yq:u as delinquent. '1".e.c~n fontj~u..'!.(~bdl y~~.f.o! the amount you question. mcluding finance charges. and we can apply any unpaid amount against your credit limit. You do not have to pay an)' questIoned amount while we are .investlgatlng but you are still obligated to pay 'the parts of your bill that are-not' in' Quest;on.-' ..0- '-- ;... . -...........:;..~"&.... .:.. '~.. .. ":".':'~:::>': "'. :::-._ If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any Questlo~ed amount. tf we didr':trriike a mistake. you may have to pay finance charges. and you will have to make up any missed payments an the questloned amount. In either C3se. we WIll send y'ou a statement of the amount you awe and the dat~ that it Is'due. . .' . ~-:;~~'-: . ,_:, .:'_ '.:.\' ,-I'" . ...; .:_ ::--;;..~;(:~ .:.~. _:.:"' If you fall to pay the 3mount that we tt'lnk you owe, we moly repon you as delinquent_ However, If our explanation does not sausfy you and you wnte to us WIthIn ten days telling us that you stili 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 0' anyone we reponed you to. We must tell anyone we report you to that the maner has been settled between uS when ilfinally rS. .."'! ~. . . '-. n we don't fo~o.~ these rules. ..."!~. e3~~t.col!eC1 the first S50,00 of the 2.uestloned amount: even rf your brll was correct. -": "":' :.~~~ . .. .~ - - , . .,_.:.J. ,< NOTICE CF PROPOSED CREDIT INSURANCE .;~, .. ,~ .' ". to, r r, j:v'.. ... ....- The Borrowers under thIS Personal Lne of CredIt Account Agreement lake(s) notice that group credit rife Insurance coverage Will be applicable to thIS Agreement If 3Pphc.1tlon has been made there tor by 1M SIgner ~o De rnsured. WIth Ihe coverage to be wrlnen bv Secunty 0' AmerIca ufelnsurance Comp.1ny, Reading. Pennsylvania. nus Insurance, Subject 10 accectance by ttll! rnsurer. covers only the per...on Slgnrng ~ne reQucst for such insurance. The amount at the cMrge lor said insur3nce II .00078 per dollar. multIplied by the average dally Out513ndlng balance of the Personal Line Of Credit Account dunng each month. The term of rnsurance win commence as ')f the Colte Indebledness r5 Incurred and wrll expire at The termrn..1tJon of .fCUr P'!'sonal une of Credit Account Agreement SuDlect 10 accectance by the IOsurer w'lt-rn 30 days. :!'"erl~ woll ~e ~Hlrvered 10 ~he Insured.J C~"lfICol(e of :n~urance more fully descrlbrng The LnSU~a"ce. - -'" FOf\MNQ 09.11. ..J . ;9f~noMne~~ AGREEMENT ~~d1A ., .' DATE: March 16, 1987 MAXIMUMCREDlTS '0;. nnn nn ACCOUNTND, 7,7,nn'Onnn,Q1 This IS your contract. Please read II and keep rt tor your records. This contract covers all present and future loans a.tended to you under your eNS Personal un. of CredIt Account. In thIs Agreement Ine words YOU and YOUR mean the Individuals who have applied to The Commonweahh National Bank for a Personal Una of Crodn Account and have been approved for cred.t. We. OUR and US mun The Commonwealth National Bank. crednor. If your account IS JOlnl. each of you IS liable for payment of alllums owe~. TERMS OF YOUR PERSONAL UNE OF CREDIT ACCOUNT: Upon approval of your Personal Una of Credit application. we will establish a credit limn apphcabla to your account and extend loans to you up to the amount of that credIt limit upon your sigOlng of PersonalLJne of Credit checks which we will prOVIde to you. These checks may be used to draw against your loan account In the same way that ordinary checks may be used to draw against a checking deposit account. PersonalLJne of Credit checks may be made payable to anyone. except that they may not be used to pay any amount which you owe to us under thIS agreement. They must be wnnen In amounts of 5500.00 or more. We Bre not obligated to honor any PersanalLJne of Credit check if to do 10 would increase your total outstanding balance under thiS agreement above your credit limit. If we do so. however. whleh we may do at our discretIon. we may demand immediate repayment of the amount In excess of your credit limit. or add such amount to your next mlMlmUm payment due. You agree that if any Personal Line of Credit checks are lost or stolen. or If an opponuMy of unauthorized use eXIsts, you will notify us immediately. You also agree that we are not responsible for the qualrty of any merchandise or selVlces you may purchase through use of Personal Line of Credit checks. tf you are a Commonwealth NatIonal Bank checking account customer. and you have selected Checking Account Overdraft Protection, you may also obtain PersonalLJne of Credlt advances by use of that feature. as descnbed at the end of thiS agreement. We WIll review your credit hmn from tIme to time. and in the event that the amount of your credit limit is changed. we will so advise you. You Will owe us the amount of all credn extended to you under your Personal line or Credit Account. plus any FINANCE CHARGES, credit life insurance Pfemium charges. and any late charges payable under this agreement. EJlch advance made to you under thiS agreement will result In a refinanCing of your outstanding account balance. You promIse to pay uS the lotal amount wtuch IS owed. Including any FINANCE CHARGES. credn life insurance premium charges and late charges as required by our billing statement and thIS agreemenl. MONTHLY STATEMENT: We Will send you a monthly statement as of a billing cycle clOSIng date we select which will show the amount of your loans outstanding, plus the applicable FINANCE CHARGES thereon, and any other Charges payable under Ihls agreement. FINANCE CHARGES: You Will pay a FINANCE CHARGE on me loans made under thiS agreement from the day thlt w. utlfld the ~n untll your payment 15 ree.Ned Ind the loan or lOins are oald in full. figured thts way: The FINANCE CHARGE Will be 12lculated by applYing a monthly penodic rate lbased upon an ANNUAL PERCENTAGE RATE1.g;in excess of The Commonwealttl Nattonal Bank's pnme rate as of tl1e close of bUSlOess on the nellt to the last banking day of the calendar month ImmedIately precedmg the month dUr10g wnlcn your monthly penodlc statement IS rendered. diVIded by 121 to the balance on whIch the FINANCE CHARGE is computed. We figurilJ the FINANCE CHARGE on your account by applying the penodlc rate to the .. Average Dally Balance" of your account (including any current loans advanced). To get the "Average Dally Balance" we take the begInning balance of your accounl each day. add any new loans made under thIS agreement. and subtract any payments and unpaid FINANCE CHARGES. ThiS gIves us the dallv balance. Then, we add up al/ the daily balances forthe billing cycle and dIVide the lotal by the number of days 10 the billing cycle. The FINANCE CHARGE on loans hereunder beginS 10 aCCNe from tl18 date of p05110g of each such loan. The monthly ;:lerlodlc rale aophcab.le to...ypur Personal Line of Credit Account as of the dale of thiS agreement IS ~~, whIch corresponds to an ANNUAL PERCENTAGE RATE of ~%, VARIABLE RATE: The annual percentage rate wdllncrease dunng the term of Ihls agreemenllr our prime Interest rate Increases. The annual percentage rate Will decrease If our pnme Interest rate decreases. The Interest rale Will not Increase above 21 %. nor go below 10%. Any Increase will take Ihe form or higher reqUired monthly payment amountS PAYMENTS: The mtnlmum monthly Installment payment which you must pay on your account IS 3% of the TOlal New Balance shown on your monthly billing statement. or S 100,QO, wnlchever IS greater. We may Impose a SIngle delinquency Charge for each Installment not paid WithIn 15 days of ils due date. excepl by reason of acceleration or cehnQuency on a prror Installment. In an amount not 10 exceed Ihe lesser of 52.50 or 5% of such dehnQul!nt Installment. You may. at any time. pav more tnan the mInimum amount due. or even the fuUamount due. WIthout a penalty, The sooner you pay off yourtotal balance. the less you WIll have to pay In FINANCE CHARGES AUOCAT10N OF PAYMENTS: Each payment we receive WIll be applied against any lale charges. FINANCE CHARGES. credll hfe Insurance premIum charges and poncloal, In that oroer FINANCIAL INFORMATION: You agree 10 prOVide us. promPlly upon our request. any Information which we deem necflssary or oeslrable In order to evaluate your current finanCIal condlllon from time 10 tIme. DEFAULT: You will be tn aefaulllt you don't pa..,. .1'" ....O:T~ltment 0" time: f,le for cankruptcy. e:.:ceed your credit limIt; ole or become Icgallyunabl.1 to manage your affairS. or If you break. any promise under InlS agreemenl or unOer any other wnnen agreement Oetween us. You Will also be In C'efaun rf you h.:"ve made any falc:~ or mlsh.~dl!"_9 ;:';Cemt;n: In your apphcatlon for your Personal une of Credit Account, or .f our PPrlodlc rev.ftW of '(our f:nall~lal condlllon dlsclcses a malenal a=-:atse Change whiCh affects v=~lr abIlity to repay amounts due under thIS agreement Default means that WP can tnen ~~mand .mmeClate paymenl of the entlte unpaId balance oWing to uS under thl$ agreemenl and our obhgatlons under thiS agrMment art! termlnaled In additIon, you ,"T'Iust Immediately return to us any Personal une of CreCII checks In your possession SECURITY INTEREST: As secuntv lor any amounl: owen to us under thIS agreement. you consenl and agree that we win have a secunty Interest In any of your property or assels In our possession IIf anYllnCluclng iJnV of your funcs on deooSlt ..../ltn us You further agree thai we Will have IS ucunly IntereSt In the follOWing o Your real estiJte localea ,. . ~ EXHIBIT C C Other IOescnbet N/A CASUALTY INSURANCE: If this agreement is secured by a mortgage upon real estate owned by you, you agree to keep ths bUilding,sl on the real estale Insured at aU tImes agllnstlo51 by tire and any other hazards that we may specdy. You may choose the Insurance company. OTHER CHARGES: Ir this agreement is secured by a mortgage upon real ~t,t~ owned by you, you agree to pay us a one tIme char e, at the time or signing r.~ thIs agreement. wtuch IS Itemized as roJlowsl, r!,-Ording mortgageS I , satisfactIOn or mortgage S ~ , appraIsal S N I A , credit repon S l~ , title Insurance c:: N I 1'\ . TOTAL I. COSTS OF COLLECTION: If we have to refer collection of the balance you owe us to a lawyer, you'll pay a reasonable anomey's fee plus coun costs, CREOIT REPORTS: Your performance of this Agreement may be reponed to credit reportIng age'lcl'n, No one else WIll be given such information without proper legal process. or your pnorwnnen approval. We Will try to nonfy you by phone or by mall of sucn precess In order to give you an opportUnity to object to It. We may as~ credit reponing agenCies for consumer repons or your credit history In connectlC'n With any renewal or later extension of credit. If you ask. we will tell you whether or not consumer reports were requested and ths names and addresses of :he credit reponing agencies furnishIng the reports, IRREGULAR PAYMENTS: We can accept lat8 payments or panial payments. or checks and money orders marked "payment in full." without IOling any of our nghts under thIS agreement. OELA Y IN ENFORCEMENT: We can delay enforCing our nghts under this agreement Without 10SlOg them. PREVIOUS AGREEMENTS: Unless otherwIse reqUlr&d by law. this Agreement supersedes all prevIous agreements between us relating to the extension or credit under our Parsonal Une of Credit Program. TERMINATION: Either you or we may term,nate 'his al)rf'f1ment at any tllTle. Upon any voluntary terml:18tlnn you muU r"t:Jfn aU unused Personalli"" at Creci! checks to us and you will be requlrsd to pa't off your balance under the terms of thl~ aglecunentln affect fIlt !118 tIme 0' termlOation. LE:GAlL Y BINDING EFFECT: The partIes to tt"I: AgreMTle'lt i;'Jlend to be legally bound. '-;,e promises an~ oOligatlons contained in thia Agreement shall blJ enforceable against elch of you. jointly and sever.liy. P,i~ al'J!'ee"'1ent shall bind your heirs, 8.(ecutors and personal representatives in addition to yourselves. It there IS any conflict between any of the terms and conditIons of this Agreement and applicable law. (hiS agreement Will be deemed Ct\8nged to the 81t(;1t necessary to comply with the law. APPLICABLE LAW: This Agreement shall be govel'T'ed by the laws of the Commonwealth of P"'nnsylvanra, and to the extent controlling. olthe United StatBS of Amenca. J. Cook CREDIT UFE INSURANCE INFORMATION Credit life Insurance is not reqUIred by us. No charge IS made for such insurance and none IS provided unless the following application is signed and dat&d bv the person to be Insured: I desire the Credit ufe Insurance for which I am eligible, through Secunty or Amenca ufe Insurance Company. Reading, Pennsylvania. the cost of which shall be at the monthly rate of .00078 per S 1.00 (S.78 per S 1.0001 multiPlied by the average dBlly outstanding balance of my account dunng each month, Dare Signed Proposed Insured's Signature Date of 81tih CHECKING ACCOUNT OVERDRAFT PROTECTION If you are a Commonwealth NatIonal Bank checklOg account Customer, we will prOVide you wllh overdraft prOleCtlOn If you Sign the separate application below If you etect overdraft proteCtion. we Will treat each overdraft on your checking account as a request far a loan advance under thIS Igreem~nt. and we wlIl transfer 10 your checlung account an amount, In multiples of S500. suffiCIent to cover the overdraft. You may also reQueSt such transfers by presentlng a wnnen reQuest to us for an overdraft protection depOSit. You understand that we w1i1 not make any transfers which would result In 10talloan5 exce~lng your approveo credit hmlt. On9lnal- Bank Checking Account No NOTICE SEE REVERSE SIDE FOR IMPORTANT INFORMATION JOint aCcount slg" PInk - Borrower -. "t'kAiilf~t;NsTi1f7 ....... :~;~~a(tfi ~ ...... ~J. i,i ~ .. :0:- tto' - :~j. i." ... ~ 0.' :.)! ~~ Q. ..... ?'J- ::::::: "'<:i' :;:, "'- , I ::! '.' J :t: '.~.",,' . .. " ~ .... r:!!;t '""I':' .... :t:.: IV Q" ~) @:~:- <-"'(...~ ~r--:.' ~I , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELLON BANK, N.A., CIVIL DIVISION Plaintiff, NO. 97-3507-Civil MARTIN L. COOK and KAREN J. COOK, PRAECIPE TO SETTLE, DISCONTINUE OR SATISFY VERDICTS, JUDGMENTS, EXECUTIONS, AWARDS, DECREES, EQUITY LIENS, COUNTERCLAIMS OR CROSS CLAIMS AND PLAINTIFF'S CASE, D.S.B, M.L. & CLAIMS Defendants. Filed on behalf of: MELLON BANK, N.A. Counsel of Record for this Party: John G. Harshman, Esquire P.A. I.D. #63434 220 Grant Street Pittsburgh, PA 15219 (412) 281-1322 9" .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELLON BANK, N.A. CIVIL DLVISION Plaintiff, No. 97-3507-Civil vs. MARTIN L. COOK and KAREN J. COOK, Defendants. PRAECIPE TO: THE PROTHONOTARY SIR/MADAM: TO SETTLE, DISCONTINUE, OR SATISFY - VERDICTS, JUDGMENTS, EXECUTIONS, AWARDS, DECREES, EQUITY, LIENS, COUNTERCLAIMS OR CROSSCLAIMS AND PLAINTIFF'S CASE, D.S.B., M.L. & CLAIMS, OTHERS: arshman for Plaintiff I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE ABOVE CASE. THIS STATEMENT IS MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATIONS TO AUTHORITIES. ______. .. -- - ..._n_ -----1 I ... i ,. ,. I I" . _I t:;- rshman for Plaintiff Sworn~~nd subSCvtF~R,~1fore me this ~'day of ~ 1998. Lhu uln ). JOLlC) Notary Public " '- i:; {.: j- 11 II C1 (.': ll":: '_.. t:. (" r' -, t." L: i 1; . - ., - I .. '" C' (..1' C)