HomeMy WebLinkAbout01-04476PENNSYLVANIA STATE
EMPLOYEES CREDIT UNION,
Plaintiff
vs.
HAROLD F. WILEY, II,
Defendant
TiV THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 01-4476 Civil Term
CIVIL ACTION -LAW
PRAECIPE FOR JUDGMENT
Enter Judgment in favor of Plaintiff and against Defendant, HAROLD F. WILE~'for want of ANSWER
TO COMPLAINT.
(X) Assess damages as follows:
Debt ----------------------------------------------------------------
Interest from May 15, 2001 --------------------------------
Attorney's Commission------------------------------------------
Filing costs---------------------------------------------------------
TOTAL-------------------------------------------------------------
$7,497.81
$ to be determined
$ 1,499.56
$ to be determined
$ 8997.37 plus interest and
costs
(X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in
the complaint and is calculable as a sum certain from the complaint.
(X) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I certify that a copy
of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of
Record.
(X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was
mailed or delivered to the party against wham judgment is to be entered and to his/her Attorney of Record, if
any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the
notice is attac ed.
DATE: Signatur
U Steven C('~ouriney, Esg
Harrisburg, PA 17110
NOW, , 2001, JUDGMENT IS ENTERED
n
Prothonotary/Clerk,
Deputy
Document p: 2!3350.7
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO. OI - yy7~ ~c~l`,~~2~-1
CREDIT UNION,
Plaintiff
vs.
HAROLD F. WILEY, II
Defendant CIVIL ACTION -LAW
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice is
served, by entering a written appeazance, personally or by attorney, and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so, the case may proceed without you and a judgment may be entered against you by
the Court without further notice for any money claimed in the Complaint, or document, or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICIA
Le han demandado a used en la Corte. Si used quiere defenderse de estas demandas
expuestas en las paginas siguientes, used tiene viente (20) dias de plazo al partir de la fecha de
lademanda y la notificacion. Used debe presentaz una apaziencia escrita o en persona o por
abogado y archivar en la Corte en forma escrita sus defensas o sus objeciones a las demandas en
contra de su persona. Sea avisado que si used no se defienda, la torte tomara medidas y puede
enttaz una Orden contra used sin previo auiso o notificacion y por cualquier queja o alivio que es
pedido en la petition de demanda. Used puede perder dinero o sus propiedades o otros derechos
importantes paza used.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASSISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Document #: 17153/.7
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO.
CREDIT UNION, .
Plaintiff
vs,
HAROLD F. WILEY, II
Defendant CIVIL ACTION -LAW
COMPLAINT
AND NOW, comes Plaintiff, Pennsylvania State Employees Credit Union, by and through its
attorneys, Steven C. Courtney, Esquire and Metzger, Wickersham, Knauss & Erb, P.C., and states
the following cause of action and in support thereof, avers as follows:
1. Plaintiff, Pennsylvania State Employees Credit Union, is a fmancial institution
qualified to conduct business in the Commonwealth of Pennsylvania with offices and/or a place of
business situate at 1 Credit Union Place, Harrisburg, Dauphin County, Pennsylvania.
2. Defendant, Harold F. Wiley, II, is an adult individual with a last known address of
922 Valley Street, Enola, Cumberland County, Pennsylvania 17025.
3. Defendant is, and at all relevant times material hereto was, the applicant for a Visa
Loan with Plaintiff.
4. On or about August 12,1997, Defendant applied to Plaintiff for a Visa Loan. A true
and correct copy of the loan application is attached hereto, incorporated herein and marked as
Exhibit "A".
Document #: 2!7531.1
5. Pursuant to the loan application marked as Exhibit "A", Defendant agreed to the
terms and conditions of the extension of credit as set forth in the Loanliner Credit and Security
Agreement (hereinafter referred to as "Contract"). A true and correct copy of the Loanliner Credit
and Security Agreement is attached hereto, incorporated herein and marked as Exhibit "B".
6. The contract marked as Exhibit "B" contains the terms and conditions of the
extension of credit agreed to by Defendant.
7. Various charges and/or purchases were made by Defendant on the Visa Loan with
Plaintiff.
8. Defendant has not made a payment on account of the Visa Loan with Plaintiff since
March 22, 1999.
9. Plaintiff has maintained a statement of account keeping an accurate and running
amount of debits and credits made on Defendant's account.
10. Plaintiff has submitted to Defendant a copy of the statement of account accurately
showing all debits and credits for transactions with Defendant.
11. Defendant has not objected to any of the monthly statements of account submitted by
Plaintiff to Defendant.
12. Despite Plaintiff's reasonable and repeated demands for payment, Defendant has
failed, refused and continues to refuse to pay alt sums due and owing on Defendant's loan account
balance, all to the damage of Plaintiff.
Document N: 21!531.1
13. As of May 15, 200] ,the balance due, owing and unpaid on Defendant's Visa Loan
account with Plaintiff is the sum of Seven Thousand Four Hundred Ninety-Seven and 81/100
Dollars ($7,497.81).
14. Pursuant to the terms and conditions of the extension of credit contained on the loan
application, Plaintiff is entitled to receive and Defendant agreed to pay an annual interest charge on
the principal loan balance.
15. Pursuant to the terms and conditions of the extension of credit, Defendant agreed to
pay reasonable attorney's fees and all court and collection costs.
16. Plaintiffhas retained the services ofthe law firm of Metzger, Wickersham, Knauss &
Erb, P.C. in the collection of the amounts due and owing by Defendant.
17. As of the filing of this Complaint, Plaintiff has incurred reasonable attorney's fees
from the law office of Metzger, Wickersham, Knauss & Erb, P.C. in the collection of the amounts
due from Defendant incident to the within action, and Plaintiff shall continue to incur such attorney's
fees throughout the conclusion of the proceedings.
18. The amount of attorney's fees incurred in this matter is the sum of One Thousand
Four Hundred Ninety-Nine and 56/100 Dollars ($1,499.56).
19. Any and all conditions precedent to the bringing of this action have been performed
by Plaintiff.
20. The amount in controversy is within the jurisdictional amount requiring compulsory
arbitration..
Document k: 27!53!.1
WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfirlly requests
this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, Harold F. Wiley,
II, in the amount of Seven Thousand Four Hundred Ninety-Seven and 81/100 Dollars ($7,497.81),
plus interest, reasonable attorney's fees in the amount of One Thousand Four Hundred Ninety-Nine
and 56/100 Dollars ($1,499.56), the costs of this action, and such other relief as the Court deems just
and proper.
Dated: ~U 2001
Respectfully submitted,
METZGEFy
KNAUSS & ERB, P.C.
Steven C.
3211 N. F
Box 5300
Harrisburg, PA 17110
(717) 238-8187
I.D. # 74669
Attorney for Plaintiff
Document #: 211531.1
VERIFICATION
I, Bonnie L. Berkoski, hereby certify that the following is correct:
the facts set forth in the foregoing Complaint are based upon information which I have
furnished to counsel, as well as upon information which has been gathered by counsel and/or others .
acting on my behalf in this matter. The language of the Complaint is that of counsel and not my
own. I have read the Complaint, and to Ilse extent that it is based upon information which I have
given to counsel, it is true and correct to Uie best of my knowledge, information, and belief. Tb the
extent that the content of the Complaint is that of counsel, I have relied upon such counsel in
making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint
are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to
authorities.
$onnie T.. Berkoski `
Date:
Docun+enr A: 1 ~40J21 J
AUG 15 1991
PERSONAL SERVICE LOAN AND VISA ACTIVATION
NOTICE
July 30, 1997
Applicant SS #: 166.54-0854 Applicant: I-LAROLD WILEY 2ND
Information:
Ref #: ! 058318
Approval Amount: $fi,200
Home Telephone #: 717 957.2384 Work Telephone #: 717 238-5031
$igneture' I acknowledge recei of the PSECU LOANLINER Disclosure and Credit
Agreeme an oun . he terms set forth in said agreement.
~z~5~
Sig store of HAROLD WILEY 2ND ~~ Date
e I would like an immediate PSL advance of $ .PURPOSE:
Send a ^ check, or ^ deposit to my S4 (MoneyHandlerlChecking Shares)
e I would like an immediate VISA advance of $ .PURPOSE:
Send a ~ check, or ^ deposit to my S4 (MoneyHandledChecking Shares)
~~ • You may have one additional card issued on your VISA account. Indicate your choice below:
^ Please issue an additional card in the name bebw. I authorize hirtvher to use it antl I accept full responsi6iGty
for all charyes antlVOr cash advances just as though 1 made them. Authorized users may not order
replacemeniwrcla or obtain VISA axounE information (.e. detailetl transactions, balance infonnatiort, payment
actlvlry). HAROLD WILEY 2ND moat sign below.
Name of Authorized User Signature of HAROLD WILEY 2ND
Pet~sonai Identification Number
Your PIN must be eBher four tligits or tour fetters. Please tlo no4 use Ne letters O or Z as part oT your PIN. Please
record your PIN in a safe place.
V
p ~ ir~lrnirn~~>nNaen~a a~a~e ~rnpla,~eeS (rreCali Ul11~~
~~ ~ PO. &rx 67013 1D Harrisburg, P!I 17f08~7013 ~ (717) 234-8484 Harrisburg, (800) 237-7328 NaNOnwide
Loan Disclosures
ilti ~ LOAIJL VEi 9' Credit and Sewray Agreement which ktdudes the TMh ro
Ler ding Disc osl In s, wUl be referred to as the Plan. The PWn documents Indude
tltis Agreelne e t rs an Addendum. You, your and borrower mean arty person who
sigl s me I°'b~ . C re 11t Unbn, we, our and us mean PSECU or anyone to whom da
Cre~.fa Uni:xl Tar sL rs Ns rights under the Ptan.l'his is a muNi~state document which
ma ~ be u3~ad !o I er i to borrowers in all states.
1. ~ 10W Tlil: PI A J WORKS -This is an open-end, multi-featured cretlit plan. We
ant ~ipate rh'r , 11 or ~ Gme to time, you will borrow money (called "advances") under
iha PWn. We ue m,t required to make advances to you under the Plan and can
refuse a Ixc ue.t for an advance at any time. The Addendum describes the
different types; of dedd (called "subaccounts~ available under the Plan, the current
interest rde fo~ each subaxount expressed as a daily periodic rete and
eonespondiny a meal percentage rate antl other charges. It may also have other
terms antl a schrW~ he fw determining the payment amounts.
2. <.:REDI7 LIMIT ~- We may, but do not have to, establish a trade limit on certain
subacceunts. It a creda rime is set for a subaxouM, you promise not to exceed the
estabkshed credit lima. N you exceed the creda lima, you promise to repay
immediately the amount which exceeds the creda lima.
3. REPAYMENT -- You promise to repay all amounts you owe under the Plan plus ~i
imerest. Payments are due on the last daY w the month unless we set a di(terem
date at the time w an advance. If the Addendum has no payment schedule br a
subaccount your payment will be determined at the tlme of each advance.
Payments must include any amoum past due and any amount by which you have
exceeded any credit lima you have been given for a subaccount. You may repay all
or part w what you owe at arty rime without arty prepayment penalty. Even a you
prepay you will still be required to make the regulady scheduled payments unless
we agree in wraing to a change in the payment schedule. If yve have a joint share
draft aocoum, yeu will be responsible for paying an overdraft advances obta(ned by
a joint holder of the share dray account. Payments will be applied in the order the
Credo Union chooses.
4. PLAN ACCESS -You can obtain credit advances in any manner awfadzed by
us. If we allow you to use your ATfvVDebit card to access the Plan, you may be liable
br the unauthorized use of your ATM/Debit card. You will not be liable for
unauthorized use that occurs after you notify us, orel{y w in wraing, w Me bss, lheN,
or possible unauthorized use. If you believe your ATtvVDeba card has been k>st or
51den, intmediatety inform theCretlit Union by calling or writing us at the telephone
number or address that appears elsewhere in the Plan. Ii the card is used to obtain
advances directly Irom the Plan, your liability will not exceed $50. N the unauthorized
wahdrewal is from a share dreN account your liability is governed by the Regulatton
E disclosures you received at the time you received your ATIv1/Deba card, even N the
withdrawal resulCS in an advance being made from your overdraft subaccount
5. FINANCE CHARGE -The dollar amount you pay for money borrowed is called
a "finance cltarge" and begiRS on the date w each advance. A finarae charge vent be
computed separetety rot each separate balance under the Plan. To compute the
flnar>ce charge, the unpaid balerae rot each day since your last payment (or since
an advance N you have not yet made.a paymenQ is multiplied by toe appncable daily
periodb rate. The sum w these amounts b ihefinance drarge owed. The balance
used ro compute the flna+tce Gtafge is ate unpaid balance each day aitw Payments
arm credits to that balance have bean 4u4treded and arty additions to: the balance
have been made.ln addi0on to interest we may charge otherflnance drarges which
are dlsdosed on the Addendpm. N the Imerest rate Is a variable interest rate, the
Addendum explains law the variabe interest rate works.
6. SECURITY INTEREST -The Plan is secured by the shares and deposits in all
jdnt and individual accounts you have wah the Credo Union now and In the future.
Shares and deposes in an IrWWitluai ReOrement Account and arty other account
which would bse speclal tax treatment under state or federal law N given as security
are not subject to the security Interest you have given in your stares and deposes.
Addifional security may be requiretl depending on the subaccotrnt undw which an
advance is requested. For example, a subaxount called 'New Car Advances'
means the security will be a new cat A subacceunt caned 'Other Secured
Advances" means you must offer security acceptable to the Credo Union for the
advance. Property given as severity iw any advance under the Plan veal secure ell
caber amounts you owe under the Plan or under any other Agreement wah us now
or in the fuure. Properly severing other bans with us may also secure the Plan.
However, a you have given your dwelling as sever'ey for a loan with us, that dwelling
will not secure an advance made under the PWn.
7. PROPERTY INSURANCE,TAXES AND FEES -You will be required to purchase
property insurence an certain types of security that you give br advaraes. You may
purchase the property insurertce horn aryrora you. chose who is.aaeptable to the
Creel Union.The amoum and coverage of the property ktsurerae mull be axeptable
a rtt. You may Provide the property tnsurerae througn a pwioy you akeady have, w
through a pway You gat and PaY bc~You atomise ro make tla krsurartce poky
payable to us and to deliver the policy w preot of coverage ro us N asked ro do so.
N you cancel your insurance and get a refund, we have a right b the refund. N the
property is bst or damaged, we can use the Insurance seltlemem to repair the
property or appty a towards what you owe. You authoeze trs to endorse any draft w
check which may be payable to you in order for us to tolled arty refund or benefits
due under your insurance policy. You promise to pay alt tares and tees (like
registration fees) due on the property and to keep me property insured against loss
and damage.
N you do rive pay the taxes or tees on the property when due w keep n insured, we
may pay these obagatbns, but we era rat required to do sa. Any money wa spend
for taxes, fees or insumnce will be added to the unpaid balance of the advance and
you will pay interest on those amounts at the same mte you agreed to pay on the
advance. We may receive payments in cennedion with the insurance from a ~
company which provides the insurance. We may monaor our bans for the purpose
w determining whethw you and other bortowers have complied with the is~urartce
requirements of its ban agreements or may engage others to do so.The insurertce
charged added to your advance may indude (1) the insurance r»mparty's payments
to us and (2) the cost of determining compliance wish the insurance requirements. N
we add amoums for taxes, fees or insurance to the unpakl balance w your advance,
we may increase your payments a pay the amoum added whin the term w the
insurance w approximate term w the advance.
8. NOTICE - It you do not purohase the required property insurence, the insurance ',
we may purchase and charge you for will rawer only our imerest in the property. The '..
irtsurarroe vela trot be liability insurance.
9. CREDR INSURANCE - Cred'R life andlor credit disability insurence is optional
under the Plan. If you qualify for and purchase the ktsurence from us, you authorize
us to add the insumnce premiums monthly to your ban balance and charge you
interest on the entire balance. If you elect wade insurance, your paymens may
inrxease or the pedod of Nme necessary to repay your advance may be extended
beyond the approximate teen stated on the Addendum. The creda insurance rates
may change during the Plan, if the rates change, we will provide any notices
required by applicable law.
10. PERIODIC STATEMENT - On a regular basis you will receive a statement
showing all tmnsactbns under the Plan during the period covered by the statement.
Statements and ratites will be sent to you al the most recent address you have
given us in writing. Unless applicable law requires notice to each joint borower,
notice to any one w you will be notice to all.
11. JOINT ACCOUNTS - If this is a jotm atxotrnt each w you is individually and
jointly responsible for paying all anaums owed. That means we can emorce our
fights under the Plan against any one of you indivlduany or agalrlst all of you
together. Ii you give us incensisteM instructons, we can rerose to follow your
instructions. Unless our writen policy requires all d you to sign for an advance, each
w you awhodzes the other(s) to obtain advances indNidualy and agrees to repay
advarces made to the other(s).
12. FEES AND CHARGES - It you give us a severity imeresl in certain types w
Properly, we may charge you a Hang fee to parted ow interest b the properly. N so,
the amoum w the fee win be drsdosed to you at the NmB you obtain an advarae. We
may also drarga you whet tees in rannedion wNh Nte Plan. Those fees are
disclosed on the Addendum and will be added b your ban balance unbss you pay
them in cash.
13. UPDATING CREDR INFORMATION -You promise that you will prompny give
us written no8ce N you move, change your name or employment w N arty other
information you provided to us changes. Upon our request you also agree to provide
us updated financial information.
14. DEFAULT -The tollowing paragreph appllea b borrowers In Idaho,
Kansas, Maine and South Carol/na: You will be in de(auN N you do not make a
payment w ate amoum requked when a is due. You win also be to dataua N we
believe the prospect of payment, pedormance, or realizallon on any property given
as severay is signNaamly Impaired.
The Iollow/ng paragraph appees onty to borrowers In wtscons/n: You will be in
defaua N you fail to make a payment when due two Ames during any 12-month
period. You will be in defaua'rf breaking any promise made under the Plan materially
impairs your ability to repay what you owe. You will also be in defaua N beaking arty
promise made under a Severity Agreement made in connection wah an advance,
materially impairs the randaion, value, or protection of w our egM in the property you
gave as security. ...
The Mllow/ng paragraph appl/es only to borrowero (n bwa: You vent be in delaua
a You are rtare than 10 days late kt making a paymeM.You wip also be in defaua N
OCUNA MUTUAL GROUP, 1980, B2. ea, Ba, ae. 9l, ALL RIGMS RESERVED
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you do not comply wort the tams d the Plan and yo« tenure ro comply matadelly
ktrpahs arty property ya gave es seadty d your abilty ro repay whet you owe
under the ?Iflrt. ~ .
The lollowing paragraph epp!!es fo fwrrowera M all atfrer stelae: You will be b
defeun~n you do rra make a payment of the ertrount required when n H due.You will
be b delaun H you break any promise you made under ins Pion « N anyone is N
defeun under any security agreement made b cerurection with an advance urMer
the Plan. You wIN be kr defaun n you dre, file rot banknrptey, become Insolvent, n You
mane arty Isles or misleading statemems b arty credit eppibadon or update d «edit
inbrmatlon, « n somearing happens we believe may subsfaMially reduce your
ability ro repay what you sae. You will also be in default under the Plan n you are in
delaun under arty other ban agreement wiBr us.
75. ACTIONS AFTER DEFAULT -The lollowing paragraph applies to
borrowers In Co/orsdo, Olstr/ct o! Columbia, Iowa, Kansas, Maine,
Massachusetts, Mlssaurl, Nebraska, West Wrglnla and South Carolina: When
you are in defaun and after expiration of any dgM you have under applicable state
law to cure your detauit, we can demand immediate payment of the en8re unpaid
balance under the Plan without giving you advance notice.
The lollowing para9rsPh applies to borrowers In all other stelae exceP4
W/sconsln and Louisiana: When you are In default, we can require immediate
payment (acceleration) of the entire unpaid balance under Bra Plan. You waive airy
right you have to demand for paymem, notice of intent to accelerate and notice d
acceleration.
The lollowing parsgrephs appty to borrowers In all states excepC Wlscons/n
and Louisiana: N immediate payment is demanded, you will corrtirrue ro pay Interest
anal what you owe has been repay, at the applicable interest rates in effect unless
a detaun rete 's drsclased on the Addendum. H a demand rot Immediate payment
has been made, are shares and deposits given as security br the Plan can be
applied towards what you owe. We can also exerdse any other rights gven by law
when ya are in detaun.
You agree the Credit Union has Bre dgM to take possession d any property given
as security for an advance under the Plan without judicial process a this can be done
without breach of the peace. tl we ask, you promise to deliver the property at a time
and place we choose. We will not be re$ponsi6le br any other Property, not covered
by this Agreement that you leave inside are property or that Ls aaadred ro the
property. We will try ro return that property to you or make n available to you to claim.
Atlet we have possession of the progeny, we can sen n and appty,.ihe money ro any
amounts you owe us. We will give you notice of any public sateor the date after which
a private sale win be hey. Our expenses br faking possession of ant salnn9 the
Property will be deducted tram the rtwney recehmd from are solo Those cesk may
include the cost d storkg the Property, prepadng n rot sale a[M atromey's fees ro the
extent permitted under slate law «awarded under §506(b) of the Eankrupby Code,
The rest d the sale money wa71 be applied b what you owe under the PWn.
78. ACTIONS AFTER DEFAULT -WISCONSIN -The lollowing paragraph
app/Na ontytoWlsconsM borrowers: When you are in dekutt and after expiration
of any right you haw under applicable state law to cure your default, we may require
immediate paymem of your outstanding ban balance under the Plan and seek
possession of the propertyYa may vduntarily give the Property ro us n you droose,
or we may seek to take possesson d the Property by judicial process, li we
repossess the property, you agree ro pay reasonable expenses loaned b tlisposing
of the property, M the property)s a nat« while, mobile home, trailer, srrowtnobile,
boat or air«aft, you win also 6e required m pay arty Permitted by Sedion
422.413 of the Wisconsin Statutes.
17. ACTIONS AFTER DEFAULT -LOUISIANA -The lollorng par~reph
applies oMy to Lorrlslane borroweis: Wtrert you are in dafaWl, we cart requke
inurrediate paymem (acceleration) d the entire unpaid balance under the Plan. You
waive arty right you trove b demand for payment, notice d krtem ro aasbrero and
ratice of aoceleratiar. H immedate peynsM is demarWed, you wnl oartirzre ro pay
krleresl urrW what you owe has been repaid at the appnceble Merest rates M eftacl
uNess a defaun rero is dsdased on ifre Addendum. H a demand lorkrurred~aro paymerB
has been made, the shares and deposits given as seamy fa the Plan can be appned
towards wtratya awe.We cenalso ermrdae arryo{her dghts given bi law whenyou ere
in default and ow rights rxrder arty searity agreements you have with us.
to CANCEWNG OR CHANGING. THE PLAN -The W/lowing per>~raph
applies only !0 6orrowere M HNrala: We have are right w change the terms d
the PWn from time ro tlme after gving you any advance notice required by law. Any
drange ro the Interest rate a other charges will apply ro tulure advances.
The fogowing paragraphs appty Doty to bomowers M Wlseona)n: We can
change the terns of the Plan from tlme ro time in aoooMarrce with Section 422.475
d the Wisconsin Statutes. You will be notified of any drange b terms. An Increase
in the daily pedodre rate under a variable rate interest rata k trot considered a
drange In terms under Bra Plan.
We can cancel are en8re Plan a any part of the Plan at arty time. You may cancel
are Plea at any tlme bl giving us prior written troika. Your obngation ro pay the
unpay balances under the rams of the Plan continues whether ya~« Bra credit
union cancel are Plan, ercept b Bre extent Brat your nabiliry b limned by Sectlon
422.4155 d Bra WisoonaM Statutes.
rrre awrmnrrg persgrapn applies only roOOrrowers /n Iowa: We CB7r drange the
terms of ore Plan ficrrr tiros ro Wore drat gMrr~`ya arty advance notice required by
law. A change that krcreases Bra taro of finance charge « other charge, that
kxxeasos the artroum d your peymunts, «Brat otherwise adversely affects erdsdrrg
balances will apply ro exlsdng balances Doty n you agree ro are dranga or you use
the Plan after receiving rrotbe that your use d the Plan means you agree the
change appose ro exlstlng balances.
The follaw/ng paragraph epplle8 to borrowers In all other stases: We have the
dgM ro drange the tents of the Plan from tlme to time altar giving you arty advance
notce required by law. Arty change M the mterest rate well appty to future advances,
and at our discretlon, and subjed ro any requiremems of applicabe law, will also
appty to unpaid balances.
The lolMwlrrg parsgraph appges to all borrowers otfrer then lNlacanslrr
borrowers: An Increase b the daily periodic rate under a variable imerest rero b rx>t
considered a drange in roans under the Plan. We can cancel the entire Plan «any
part of ffie Plan at any time. You can cancel the Plan at any time.YOUr obligation to~
pay the unpaid balances under the tams d the Plan continues whether you or the
Credo Union cancel the Plan.
Sectlons 21-25 MPIY a Y~ 9lve eeeurYty In r:onnectlon with an advance under
the Plan. They aPP1Y to bonowere In all states ~,oxeept Louisiana. Louisiana
borrowere will execute a separate security agreement. Borrnwera In other
states may also be asked to execute a separate security agreement.
19. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN - We can
delay enbroing any of our rights under this Plan any, number of times witlwra losing
are ability ro exenAse our rights later. We can enforce this Plan agairst your heirs «
legal representatlves. H we change are terms of the Plan, ycxr agree stet ads Plan
will continue to prated us.
20. CONTINUED EFFECTNENESS - tt any part of this Plan a determined try a
Court to be unenforceable, the rest wnl remain in eHecl.
2t. THE SECURITY FORTHE LOAN -You give us what is knovm as a secudty
(merest in all property described b arty receipt washer or carer doament you
receive rot an Advance (tire Advance. The security interest you give Includes a0
axessions. Accessions are tlrings which are attached ro or installed M the property
now « N are haute. The seadry kiterest also includes any replacements rot the
property whbh you buy within 10 days of are Advance or arty extensions, renewals
or refinanclng d the Advance. n also includes any rtwney you receive from selling
the property or from irsutance you have on are property. n are vabe of the property
declines, you Promise ro give us more property as seadty tt asked ro do so.
22. WHATTHE SECURfTY INTEREST COVERS -The security imerest secures
the Advance described in are receipt voucher or any other doamem you receive at
the time of the Advance and any extensions, renewals or refinandrrgs of the
Advance. it also scares arty other advarx~s you have now or receive b the tuyre
under the Plan ary any offier amounts «bans, ktduding arty rxerfR cant ban. you
owe us for arty reason nowor in the future, except any ban seared byyar pdndpal
residence. If the property is household goods as defined by the Federal Trade
Commission Credit Preclbes Rule, the property will sears only the Advance and
not other amounts you owe.
23.OWNERSHIP OFTHE PROPERTY-You promise stet you own the property or
n the Advance is ro buy the property, you promise you wnl use the Advance for that
purpose. Ya promise that no one else has any interest b or claim against the
Property that you haw not already told us about.You promise not ro sen or lease the
properly or to use n as taarity rot a ban with arwther creditor until are Advance Is
repaid.YOU promise you wm snow no Darer searity krteresl or Wen to attach ro the
property either by your actions or by operation of law.
24. PROTECTING THESECURTTYINTEREST-Hyarstatelssuesatitlebrare
property, you Promise ro haw ar eecudry Interest shown on ate tMe. We may have
ro fib what U called a financing statement ro protect ar seariry (Merest iron the
claims of others. H asked b do so, ya promise to sign a financing statement. You
also promise ro do whatever else we think is necessary to prated ar seariry
interest N the Property
25. USE OF PROPERTY-Until the Advarzx+ has been paid off. yea promyou
wUl: (1) Use are property r~retuny arrtl keep n in goal repair. (2) gbtain ar wmten
pemdsskrn before makbrg major chan9as ro the properly «dranging the address
where the Property k kept (3) In(orm us b wrltlng before ryranging yar address. (4)
Alknv us ro Inspect the Properly. (5) Promptly notify us H the Progeny M damaged.
stolen or abused. (8) Na use the property for arty unlawful purpose.
26. NORTH DAKOTA NOTICE TO EORROWERS PURCHASING A MOTOR
VEHICLE.THE MOTOR VEHICLE INTHISTFANSACTION MAY BE SUEJECTTO
REPOSSESSION. IF R' IS REPOSSESSED AND SOIA TO SOMEONE ELSE,
ANO ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN
THAT SALE, YOU MAY HAVETO PAYTHE DIFFERENCE.
27. VERMONT NOTICE TO CO-SIGNER - YOUR
SIGNATURE ON THIS NOTE MEANS THAT YOU ARE
EQUALLY LIABLE FOR REPAYMENT OFTHIS LOAN.iFTHE
BORROWER DOES NOT PAY,THE LENDER HAS A LEGAL
RIGHTTO COLLECT FROMYOU.
~~.>.,~m~i~n~rai~~ascviVyurpriwelnin?~`lrltl'n14nnMmirc -. .. _ w1INuI~P~rmlmlruneipllwilr~urlliruPirsrapp.,wpmnmvn~
This notice oonlelrts knPOrtent ktsrrrra8on about your rights end our respgtsibllid6s
under the Fair Credit Bllnrtg Act.
.NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUTYOUR STATEMENT
a you think your statement is wrong, or n you need more kdorrnaaon about a
transaction on your statement, write us on a separate sheet at tie address listed on
your statement. Write to us as soon as posside. We must hear ham you rto later
aran 60 days after we sent you the first agtement on whsh the error or problem
appeared. Woo can telephone us, !xR doing so win not preserve your rights.
In your letter, give us the iollaving information:
' Your name and eceount number.
' The doNar amount d the suspected error.
• Describe the error and er{tlain, n you can, why you believe there is an error.
N you need more Intormaadn, describe the Item you are not sure about
It you have authorized us b pay a credit card account automatically tram your share
account or checking account, you can stop the payment on any amount you think is
wrong. To stop the payment your letter must reach us three business days before the
automatic payment a scheduled to occur.
YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR
WRnTEN NOTICE - We must advtowledge your letter within 30 days, unless we
have corrected the error by then. Within ti0 days, we must either coned the snot or
explain wiry we believe the statement was coned.
Alter we receive your letter, we cannot try to collect any amount you question, or
report you as delinquent We can continue to send statements b you for the amount
you question. aduding finance dtarges, and we can apply any unpaid amount
In this Agreement, ate woros you and your means each ari,4 all of those who apply
br the card a who signs this Agreement Cent means the VISA Credo Card and any
duplicates and renewals we issue. AaouM means your PISA Credit Card line of
Credit accotrnt witlt us. We, us, antl ours means this Credit Union.
i. RESPONSIBILITY -awe issue you a card, you agree to repay all debts and
the Fnance Charge arising from ate use of tine card aril the card account For
example. You are responsible for charges made fry yourseN, your spouse and mirror
children. You are also-responsible for dtarges made by artyarte else b-whom you
give the card, and this responsibility continues until the card is recovered. You
cannot disclaim responsbility by notifying us, but we will dose the acceunt br new
transactions N you so request and retain aN prds.Your obligation to pay the account
balance continues even though an agreement, divorce decree or other court
judgment to which we are not a party may drect you or one of the other persons
responsible to pay the account.
2. LOST CARD NOTIflCAT10N - if you believe the card has been Lost or stolen,
~~ I~rm(~; t~q~178 CredN Union at (71 f7 234-8484 or (u00) 237-7328. Attar
3. LIABILITY FOR UNAUTHORIZED USE -You underetand that your total
liability b the Credit Union shall not exceed $50 for any card trertsadans resulting
from the ktss, theft or unatMwrized use of the card that ocarrs pray to the tine you
give nonce b the Credit Unon. Such liabinty does not apply when Me Card ~ used
to make eleclons Wnd irartsfers. The Credit Unan uses neuMl networks, which by
artlficial iMeingenCe can recognize and elan us to potential freudulent irensacnons.
These alerts may generate aquiries about your use of the card and we apologize
br arty inconvenience this might puss.
4. CREDIT LINE -awe approve your epplicanon, we wIN establish a setl-
repleNshing Line of credo for you and notify you of as amount wharf we issue ate
card.YOU agree rtd b let the account balance exceed this approved Credd L]ne. E~It
PaYmsnt You make on the acoarnt wiN restore your credN tine bf the arttount of ate
Lmeanlyr wnaenjl' btlon~to ~w4aq, ~ ~ ~ tin lkxease in Your Credit
or roan officer.liy giving You written nonce we aPP~d by ourcredrt contmntee
b time, or with ~' ~~ your Cretin Lire hpn time
good cause, revoke your card and terminate this Agreement Goad
cause includes yourfanure b oompy with this Agreement orarry other agreement with
us, or our adverse feeveluefwn of your aedtworthiness You may also terminate ads
AgreertteM at arty time, but Wmtinatlon Try aNter of us does rat step your obngadon
b pay.ate account balance.The pNS remain our progeny and you must recover and
sunerttler b us all Ards upon our request and upon termination of ths Agreement
5. CREDn INFORMATION -You authorize us b invaStlgate your credtt startling
when opening, renewing or reviewidg your account, and you aumonze us b disclose
inbmtaNOn regarding your aocoum b credit bureaus and other cradners who inquire
of us about your credft standing.
8. MONTHLY PAYMENT - We will mail you a statement every ntoMh sftowing
your Previous Belongs of purctases and psh advances, the arrant transactions
on your axount, the remaining credft available under your Credd l.ina, the New
Balances of purchases and cash advanps, the Total New Balance, ate Finance
Charge due b dab, and arty other billed fees, and the Minimum Payment required.
(very month you must pay at least the titinimum Payment witltin 25 days of your
statame<tt closing date. By separate egr6emenf you may authorize us to charge the
miMmum payment automatiplty b your share or checking account with us.YOU may,
of course, pay nbre frequently, pay more than the Minimum Payment, a pay the
Total New Balance M fun, and you will redrub the finance dtarge by doing so.
The mpnnwtm payment wfp be (a) 2% of ytwr Total New Baiartce, rounded up b the
treat even donor, or (b) fr70.00, vmkftever lc great~r.In addition. at rury trine Your Total
against your credit nmtt.You do rtM have b pay arty qu6snoned amount while we are
Irtvesngatlng, but you are stln oMlgeted b pay the pares of your statement that are
not m question.
H wa find ihM we made a mistake on your statement You wIN not have b pay any
finance charges related b arty questioned amount. H we didrR make a mistake. You
may have b pay finartp dterges, and you win have b make up any missed
payments on the questsnetl amount. in either case, we wnl send you a sretemera
of the amount you owe and the date that N 15 due.
if you fan to peyote amount that we think ya, awe, we may report you as deinquent_
Havener, tt our explanaton does tit satisfy you and you write b us within ten days
telling us that you sell refuse b pay, we must tell anyone we report you to that you
hays a question about your statement And, we must tell you the name d anyone
we reported you to. We must 1611 anyone we report you to that the matter has been
settled between us when tt finally is.
If we don't fellow these tiles, we can't collect the first $50 of the questioned antounto
even 'rf your statement was correct.
SPECUIL RULE FOR CREDR CARD PURCHASES - H you have a problem with
ate quality of property or services that you purchased with a cretin card, and you
have tried In good faith to cooed Nte probem with the merchant, you may have the
right not to pay the remaining amount tlue on the property or services.There are two
limitations on this right: (a)You must have made ttte purchase in yotu home state o
n not within your home state, within 100 miles of your pneM mailing address; and
(b)The purchase price must have been rttore atan $50.
These limttaaons do not apply a we own or operate the merchant, or n we mailed
you the advernsemeM for the Property or servips.
New Balance exceeds yourCredrt Line, you must immedfatetypaythe excess upon our
demand. We wiN apply payments s ate bnovnng manner. first b previous late fees,
aten b prevous Cash advances finance dtargas, then b previous purfiase finance
charges, Ihen b current late tees, then b Previous cash advance balances, Nten to
previous purdrase balances kr the order that they were posted b your account, then
b pneM cash advance balances, arM aten b current purtitase balances.
7. FINANCE CHARGES -You can avdd Finance Charge on purctases by paying
the fuN amount of the New Balance of Purchases each month within 25 days of your
statement dosing date. Otherwise, the New Balance of Purdutses, and the
subsequent purchases from the date they are posted to your account will be subject
to Flnanp Charge. Cash advances are always subject to Finance (Marge from the
date they are posted b your account.
Purchases: We calculate your finance charge by multlptying the average adjusted
deity balance (see explanation below), including new purchases, br the belong cycle
by the monthly pedodc purdtase rate as disclosed on the addendum.
Cash Advances: We plaWte your finance dtarge on cash advances by
muttiPlying the average adjusted deny baWrtp (see explanation bekwr) br cash
advances during the billing cycle by the monthly periodic advance rate.
Balance Computation Method
Aveage Daily Balance Ior Purchases -The Average Daily Balance for Punnrase
Trensactiats is calculated by adding the DaNy Balances (Purchase Transaction) kx
each day m ifta lulling grde, and then dividing by the number of days kt the binltg
steps: W talks the outstanding balance (aA amotmts you owe) start of the deny
Then, In are sequence in which antouMS are posted b your acceudL we add the
amatMS of all debits and subtract the ertbunts of aN credits or payntertts wNch post
b your aCCOUnt that daf< After apptying payments and eredns, we subtract the
amount of anY unpaid Fnance Charges or Late (;iterges.Ttten we also subtract the
arcrottm of arty Cash Advance transactlorts tltat posted b you aceount on drat day a
M any prevbus day kt tits bluing r.Yde.Thls tikes us ate Daily Belartce br prmdtases.
Arerage DallYBalanee br Cash Advarxes-Cash Advance Tansactions which are
posted b your aceouM are not included in the Average Deity Balance calctrletsn br
purchases, and are aterebre not subject b the moMhty periods rate br purchases.
The Average Dany Balance is pkxrlated separately for Cash Adyattoes and is
subject to the Cash Advance Monthly Periodic Rate:The Aveage Daily Balance for
Cash Transactions is calculated by adGrtg the Dally 8eiances (Cash Trettsactlon) for
each day to the bining cycle, and then dh4dng by the number of days in are biNing
cyde.To cesulate ate Oany BaWttp for pstt each day, we take the tolbwing steps:
We take the outstandng balance (all amounts you owe) at the start of the day.Then,
in the sequence in which amounts are posted to your aaouM, we add the arttounts
of all debits and subtract the amounts of ail cretins or payments which post to your
account that day After aPPIYa9 PeY~~ and redits, we subtract the amount of
arty unpaid Finartp Charges or Late Charges. Then we also subtract the amount of
any Purchase Tansactons that posted b your account on Hutt day or fi arty
prevbus day m the IuNing cycle. Thlc gives u ~ s a~ (Balance t ~~
Transactions. Note: Cash Advances era alw
from the day they are posted to your aaouM.
Payments are applied a the following manner: fast to pretdous late tees, aten to
previous cash advances finance drarges, then to prevous purdtase finance
drarges, then to current late fees, aten b previous cash etdvartp balances, then b
prevbus purchase bNattces a the order titer they were pbsiedbyau account, then
b curtest cash advance balances, end then to arreM purrYras® balances. Credits
are applied first b are partkxdar type of debt whch {s being credtted, a arty, and then
b the balance of your account.
~~ ~~w~
.,, m -rnmr~nnaurarrrew_-. _ _ iaa~Frr -~~~I~i"~In I q Uir p'~~ i~~'lir -°oi~~numnn ~imir'^
«+.. we.... w,v nvea..wur erw rruw rn a,mawu rrespasuro (Cwrarluaa/
Note also that g the total of the paymeMS and credits whidr are posted to your
axamt by Me Payment Due Date shown on a statement rs squat ro or exceeds the
New Salanpe'shovm un that statement, we will rat appy the Monthly Perbdic Rate
ro your Axoum on your next statement.
6. DEFAULT - Ypu will be in default tt you fall ro make any Minimum Paymem
widen 25 days attar your monHry stfltemeM dosirp date.You aulfarize us to transfer
funds sutfiaem ro make the mlmmum payment due H your VISA Loan i8 Mt deteWt
You agree that we may temporarity suspend your ATM sand axes H your VISA
payment is due [or a period exceeding 90 days. You wgl also be M defauH H your
abltiry to repay us is materially reduced by a change ro your empkryment an
increase in your obligations, bankruptcy or Insolvency Proceedings involving you,
your death or your tagure fo abde by this Agreement or tt the value of our security
interest nraterialry dedines. We have the right ro demand knmedfate peyrttem of your
fuN axount balance H you defauh, subject ro our gyring you airy rroHce required by
law. To Me extern permitted by law, you will also be required to pay our xgecflon
expenses, including court costs and reasonable attorney fees.
9. USING THE CARD - To make a puniiase ar cash advance, there are two
attemative procedures to be tolkrxed. One is Air you ro present the Card ro a
parflapaang VISA plan merrdrarti, ro us or araHror flnandal InstiUtflot6 end sign the
sales or cash advertce draft whkh wnl be imprinted wdtlt your card The older k ro
xmplete the transaction q' using your Personal Identification Number (PiN) in
eonjurrcdon with the card in an Automated Taller Machine or outer type of electronic
terminal that provides access ro the VISA syslem.YOU agree thatyou wilt rat use your
card for any transaction that is illegal under applicable federal, state, or kxal law The
monmty statenent will identity the merchant, electronic terminal or finartaal institution
at which transactions were made, but sale, cash advance, credtt or other Nips cannot
he returned wigs rite statemerit.You will retain a Dopy of such slips lumbirod atlfa time
of ttie transacgon W oroerroverHy 1fa monHay statement.The Credit lhilai rosy make
a reasonable charge rot phMOCOpies of slips you may request.
10. RETURNS AND ADJUSTMENTS- Merdtants and others wtw horror the card
may give credit for returns and adjustmems, and they wgl do so by serxfirg us a
credit slip which we will post ro your axoum. H your credit and paymems exceed
what you owe us, we will hdd and appy this credd balance against future purchases
and cash advances, or H H is one dollar or more, refund g on your written request or
aulomataalN alter sec months.
MONEY ACCESS CARD CARDHOLDER AGREEMENT • The Undersigned (you
or your), In consideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT
UNION (we, our and us) issuing to you a MONEY ACCESS CARD; Hereby agree
to be legalty bound by the rolknvtng terms and condNOns.You agree that flte use of
your MAC card(s) constitutes acceptance of the tame and conditions of this
Agreemem.YOU understand that MAC is acredit-related servxXi and you aulhorize
PSECU ro obtain a credo report on any users of this axount.
1. Accounts and Uses of MONEY ACCESS CARD
You haws the axoum(s) (rroluding Checking and Regular Shares), which we set
torHt on your application form with this Agreement. You hereby request that we
issue to you one or more MONEY ACCESS CARD(s) to be used in xnnection
with such accounts as described in this Agreemem.
You understand you may use the MONEY ACCESS CARD at a MONEY
ACCESS CENTER• ro (t) wigrdrew cash tram, (2) make or anange rot deposits
in, (3) effect transfers ro or from your acxum, (4) recehre information regarding
rite balance m your account(s) or (5) make cash advances from your rzed'rt
acxum(s) ro the amoums you request. You may also use automated teller
machines mrougtaut rite Untied States and in certain foreign countries which
beardte PWS SYSTEM' name erd bgo {I) to makewtMdrewelstran, (2) e1roG
trensfere to or from, (3) receive krfonnadon regarding the balances M your
Checking a Regular shares. H you have a Personal Servroe Loan approved end
in place, you may also make a cash advance from your PSL You furtlrer
understand you may use the MONEY ACCESS CARD ro purchase goods and
services (`Purrdtase~ at any retail esroWishmem ('MerchanC'j where MONEY
ACCESS CARDS are accepted by suds Merohan6 H you use the MONEY
ACCESS CARD to make a Purchase ro obtain cash, tl pannHled b1l the
Merchant you shag be requesting us ro withdrew funds m the amount of such
Purchase (irtdudirg anY cash received from the Merchant) from your Checking
Shares and directing or ordering us ro pay such funds ro the Merchant.
You request that we wtil provide ro you such other servbes waxes ro ooar ATM
systems or networks using the MONLYACCESS CARD whkh vve may letermake
avanable and which we advise you are offered kt xrlneclton with your aoxitm(s)
set torah on your appticatbn fonn.You also urderstand tliat horn time ro time you
may request ro writing iftat we provide axess ro additiorW accounts of yours
t~ ofof the M~ ACCESSCARD described in ttds /~ree~me sh~aq~be subJect
ro the rotes and regulations of each axoum whidt W accessed by such Card.
2. Use o/ Personal Memlgcatlon Number ("PIN'S with MONEY ACCESS CARD
You understand that a MONEY ACCESS CENTER a a PWS SYSTEM ATM Is
an automated teller h can and will perform many of the same tasks as a human
rollecYou aclatowledge that the Personal Identificatbn Number or PIN which you
ass with the MONEY ACCESS CARD U your signature, demifles the bearer of
the Card to the MONEY ACCESS CENTER, PLUS SYSTEM ATM, a otlter
rrehvork ATM and etahenticates and valMates the directats 9hren Just as your
actual clgneWre end other proof dentty you end authenticate and vandateyour
r r. rvreuurv r rwvJ/at; IIVIVi - Yvfp185Ba 8rle Cash aWar10B5 made In rofBlgll
countries and taelgn currencies wnl be Wiled ro yotr in U.S. dogars.Tfa conversion
rate ro dogars win be m the wholesale market rate a M the govemmenl-mandated
rate. wNdtever is applicaba, in stied one day prior a the processing dare.
increased by one perCem.
12 PLAN MERCHANT DISPUTES - We are not responsible far the refusal of any
plan merchant ortinenciel instnuuon ro tronoryourceN. We are sub)etx ro datms and
deterlses (odterihan tort claims) arising out otgoods and servkes you Purchase wgh
Ute card city H you have made a good Ieitlt attempt but have been wtable ro obtain
setlsfacdon from Hie plan merohent and (a) Your puroltase was made M response ro
an advertisement we sera a Pied M serdkp Yoe, or (b) ytxa purdtase cost
more than S50 end was made from a plan mendtertt W your slate or witldn 100 miles
of your home. Any other disputes you must resolve directly with the plan merid'terd.
19. SECURITY INTEREST - To secure your account you gram us a purottase ~.
matey securtty merest under the Uniform Commercial Code in arty goods you
8rese goodWs rich we~tret~lirotrobe~enDPaid fordihro~h ounghtro recover any of
g application of your
payments in the manner descriped'm the Monthly Payment section. Wah respect to
this account Doty, we will not assert any statutory right we may have H you ere in
dekutt ro prevem wtgdrawal of your unp~aedit unbrt shares (Deposits)
below the unpaid balance d your axcum. H you give Of have given us a
spedflc pledge of your credo unbn shares (Deposits) by Ggning the Pledge of
Shares or otherwise, or arty other security imerests for all your debts, yeti account
will ge secured by your pledged shares (Depostts) and by the property described in
Hrose other sewriry agreements, except rot your fiome.
14. EFFECT OF AGREEMENT -This Agreement H the contract which applies to
ail trarrsacna+s on your account even ttlough the sales, cash advance, credH or
other slips you sign or receive may contain different temis. We may amend the
Agreeniem from tlme to time by sending you the advance written notice required by
Iaw.Your use of the prd thereafter will Indicate your agreemem to the amendmems.
To diB extern the law permits, Brld W8 irWicate in our notice, emendmems wAl eppy
ro your existing aocoum balance as wen as ro suture Vansacgorls.
15. LATE PAYMENT CHARGE - If your Minimum Paymem M not paid within 15
days aherihe Payment Due Date, you win be sub}ec1 to a single charge of 5% of Hie
minimum scheduled payment
j 16. L'.OPY RECEIVED -You stSnowledge receipt of a ropy of this Agreemem.
directions to a human teller You also understand that a Mercham which axepts
the MONEY ACCESS CARD fora Purchase trerwacflon may have an electronic
terminal (Merchant operated or SeH-Service) which requires the use of your PIN
and ydten your PIN is used ai a Mercham's rorminai, n will auHtenticate anA
validate the directions given just as your actual signature will aulhenflcere and
validate your duections given ro us. You adarovdedge that your PIN is an
identHaation code that is personal and xrlfldential and Mat the use of the PIN
with the MONEY ACCESS CARD is a security devise for your axoUm(s).
Therefore, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT
NO ONE ELSE LEARNS YOUR PIN.
3. LlaWllty for Unauthorized Transaaions
Yau agree ro contact us at once "rf you believe the MONEY ACCESS CARD(sj
issued to you or PIN has been ktst or stolen or money is missing from your
account(s). You also agree that H your monthy statemem shows trensactions
whkh you did not make, and you do trot contact us within 60 days attar the
statemem was mails)! ro you, you may not get arty money krst after that time.
YOU AGREETHAT IFYOU GP/EYOUR MONEY ACCESS CARD(s) and PM1T0
SOMEONE ELSE TO USE YOU ARE AUTHORIZING THEM TO ACT ON YOUR
BEHALF ANDYOU wILL 8E RESPONSIBLE FOR ANY USE OFTHE CARD(s)
BY THEM. You could kiss all your rtroney M the account(s) H you take ra actlort
ro rrogfy PSECU of the loss of your MONEY ACCESS CARD ar PIN: Safeguard
your Personal identlficadon Number (PIN). Do not tag or disdo5a your PIN ro arty
other person. Do not wMe your PIN on your MONEY ACCESS CARD. Do not
keep a written rexrd of your PIN near your MONEY ACCESS CARD. Do tat
tfltoose a PIN that is easily idendtiable.
A new card may be ordered br you ai that time and a'7iold wig be Placed on
your old card. After such time, H you find your old card, destroy Hie rid sent by
Cutting i1 In hag. tl you atempt b use your Did raid, a wgl 6e captured and
retained by the MONEY ACCESS CENTER, PLUS SYSTEM, or HONOR ATM.
4. Charges
You agree to pay a 50 rem charge for each deposes Or wttltdrawal exceeding 15
a monih.You agree tq Pay the 50 cam penally Charge on airy cashdisbursemem
transaction (ban advance or share withdrewaQ that M Nss than $20.You agree
ro pay a 25 rem charge on each balance kqulry.You agree ro PeY ~ ~~~
or frertsacdon tees which are dtarged by us for these services or for services
whidt may later be offered es such tees or charges maybe imposed or changed
from tlme to time.
5. Deposits
You agree tltat when you make a deposg at a MONEY ACCESS CENTER that
we have the right ro verily the deposit before we make the money avalleble ro you.
It you deliver cash, checks a other items ro a MONEY ACCESS CENTER, you
urderslarltl and eGatotNedge that the fords from your deposit may not be
avalleble for knmediate witldrewal and that the eYalisbnny of Y~ daP~ span
depend on our rides end regulatlats rega~rtg the particuleraxourd kt whkdt you
i Aa dranarer. MAC Aareafnerlt and HegUfaaRA. E" ,D/adosurr 1 5, Any Cfrarges 10r Eiecnonlc Funds Tyerlsfere W /or the RIgM W Make
(contlnued) I 7Fansfen .
are rrTeking a deposit the kerns Utet you are deposking and wtretlter the deposk
b made at a MONEY ACCESS CENTER tlrst h awned by us or anoOter firtartclal
ktsriattion. You also urtderstartd end aclmowledge that not ell MONEY ACCESS
CENTERS may accept deposits and some MONEY ACCESS CENTERs may IUnU
the amount of lands which maybe deposfted and we may not control these Urttks.
6. LlabliFty
N the MlN1EY ACCESS CARD is issued for a joirrt account, you agree ro be
Jdndy and severalty Node under me terms of this Agreement arM the agreemem
kx such accorrM You agree titat N you make deposits or payments to your
account(s) with kerns other titan cash (checks, d2tts or other kerns) and we
make funds available ro you Prom such depostts prior to weir collection, you
agree tftatwe may deductthe artteums of such funds from your account(s)Whbh
are not collected or, H the funds in your account(s) are insulflcient at such time,
you vrill promptty pay to us any amount of such funds which are not collected.
7. Amendment of this Agreement
You agree that from Ume ro rime we may amend or change the terms of .Mk
agreement Utduding amendments or changes ro add furOrer MONEY ACCESS
CARD services or ro amend or dranga the cher9es for tFrese services. We may
do so try ratifying you in writing of such amendments or ritartges and your use
of the MONEY ACCESS CARD otter the effective date of any such amendment
or change shall constitute your acceptance d and agreement ro such
amendment ar change.
& Ownership
You agree that the MONEY ACCESS CARD is our property and you will
surrender tt to us upon our request.You agree thatthe MONEY ACCESS CARD
is non-transferrable.
9. Dfsdosures
You hereby adsawledge receipt of the d'scbsure statement inbrtning you d
your rights under the Electronic FundsTrattafer Act and a copy d Otis Agreement.
pEGULATION"E"DISCLOSURE
1. Summary of Consumer Liability
• MAC, ACH and SST-Tell us at once'rf you believe your card has been lost or
stden.Telephodng is the best way ro keep your possible losses down.You could
krse all the money in your account plus your maximum oveMreft line of credk. H
you believe your card has been bat or stolen, end you tali uswithin two business
days after you team of the ktss or theft, you can loss no more Oran $50 N
someone used your card wrtitout your permission.
If you do not tell us within two business days after you learn of the bas or ihek
d your card, and we can prove we could have stopped someone from using your
card wkhout your permission R you had told us, you Could lose as much as $500.
Also. H your statement shows irettsrors ifiat you did tat make, tell us at once. if
you do rat tell us within 60 days after the statement was mailed ro you, you may
rat get bads arty money you lost after the 60 days N we can prove that we could
have stopped someone from taking tite money H you had told us in Ume.
N a good reason such as a bog trip or a hospital stay kept you from telling us,
we will eMend the time periods.
2. Telephone Number and Address to NoUty of Uneuthorlmd'hartsrore
• MAC -Contact PSECU at (U00) 237-7328 w Matey Access Service (MAC) at
(800) 5234175 durig PSECUnon-business hours, then folbw up by contacting
PSC-CU at (800) 237-7328 the next business day.
• ACH and SST -Contact PSECU at (800) 237-7328 (nationwide) or
(717) 234.8484 9n Harrisburg).
Or wdta to us ab
Pennsylvania State Employees Credtt Union
P.O. BOx 87013
Harraburg, PA 17106.7013
PSECU Suslness Hours
7:00 a.m.- 5:00 p.m. M - F
8:00 a.m. -Noon Saarday
TDD (800) 472-1967 NaUorndde
(717) m-21001n Harrisburg
3. Flnanclal Institution's Susineas Days
' MAC, ACN and SST - PSECU's Business Days are Matday through Friday,
Holidays not Mduded.
4. Types o} ElectroniclYensfere aConsumer May Make
' MAC -Balance inquiries on cheddng, savings and PSI.; withdrewals from
checldngrsavings; cash advance from PSL; deposks ro dterkinng4saNdgs;
purdtase goods and services at any accepting retell establishment.
' ACH- Preaultarized debks and credks to checkirq and savirgs.
• SST -Balance kquirles ant transaction histories Or1 all share, certifaate and
loan axoirMS; trarrsfere from arty share ro anotlter share a loan account from
or ce B~ afire a ban account wNhdrewals horn arty share except IRA
• MA, C - FiNy cents br each disbursement (cash advance or wltltdMwaf) less than
1620; Uf1y terns for each transaction over 15 per month. and a 25 Cent
dterge on each balance Inquiry.
• ACH-S20 servke charge for irtsuffwient funds breach ebctronb transfer.
• SST-none
& Summery of Consumer's RIgM to Receive DowntaMadon of EFT's r
• MAC -You are entitled ro receive a printed receipt at the rime of eactt
trensectlon. You will receive a monlhty slatemeM showing the status of your
account, any tansactions made during the month, and arty penalties or charges
PSECU may impose dating Ore month.
• ACHarMSST -You will receve a monthly slatemeM showing the status of your
account arty irensarabns made during the month, etal airy penatries or dtarges
PSECU may impose during the month.
' It you have arranged to have a direct depostt made royour account at feast once
every 60 days from the same person or company, You can call us at (800) 237-
7328 roTrod aA wttetlter or not the deposk has been made.
7. Stop Payment Rights - Preauthorized trensfere
' MAC and SST-Not applicable.
• ACH -Right to Stop Payment and Procedures for ddng so. If you have told
us fn advance ro make regular paymers out of your arxxara, you Can stop arty
of these payments. Here's how: Call us at (800) 237-7328 (Nationwide) or
(717) 234-8484 (Hartisburg) w write us at Pennsylvania State Empbyees Credk
Union, P.O. Scot 67013, Harrisburg, PA 17106.7013, intime for us-ro receive your
request three business days or more before the payment Is scheduled to be
made. H you call, we may also require you ro Put your request in wMtng arM get
k to us vdMin 14 days attar yar call
• Nodca ofVarying Amounts. H these regular payments may vary M amount, the
person you are gdrtg to pay will tell you, 10 days before each payment, when h
will be made ami law much tt will be.You may choose ktstead ro get Otis notke
Doty when the payment would ddbr ny more Oran a certain amount from the
preWOUS payment, OT When ti+e amount would tall Olt[Slde certain geniis tltat you
set.
• Liability for Failure to Stop Payment of PreautftoAzedTransfers. H you order
us to stop one of these paymerds three business Rays or more before the
booster is scheduled, and we do not do so, we will be liable br your bases or
damages, unless we request and do not receive written oonNrmaUon of an oral
stop payment within 14 days and the transfer takes place after 14 days, or you
_ fail to give us proper instructions that would enable us to place the stop on the
transfer.
8. Summary of the financial InsUtutlon's Failure to Make or Stop Certain
Transfers
' MAC-N PSECU tails to complete a transaction on Gme or in the conect amount,
when property Instructed by you, PSECU will be liable br damages caused by
our failure unless: (1) there are insuffident furWS in your axount ro complete the
transfer, (2) the funds in your account are urcolleced; (3) rite funds are subject
ro legal process; (4) the transaction you request woukf exoaed the (ands in your
account plus arty available oveMrett protectlon; (5) the Money Access CeMet
PLUS system or HONOR ATM has insuffxtient cash ro pomplete (fie transaction;
(6) your card has been reported lost or stolen and you are using the reported
Cant; m PSECU has reason ro believe that the trnsacion requested is
unautiarized; (~ the failure is sue to an equipment breakdown tltat you know
about when you started the trartsacUon at the Money Access Carnet PLUS
System or HONOR ATM: (9) the faNUre urea caused b11 en ad nt Gad. fire, a
otter catastrophe. or by arty omer cause treyontl control; (10) H you attempt ro
complete a transaction that at a Money Access Cafllef, PLUS System Or
HONOR ATM, a rrterchartt terminal that H rte a permissible transaction fisted
above; of (11) the transaction would exceed tire searriry Nmitadoits on Ore use
d your Money Access Card.
` ACHandSST-N PSECUfailsrocompleteatransaTalat on rime a<ln Ore correct
amarnt when Property instructed by you. PSECU will f>a Usble br damages
caused by our failure unless: (1) there ere insufNdent funds N your aCCOlrnt ro
complete Ore (rooster; (2) ttte luncis inyour account ere uncollected: (8) Otetuttds
are subject to legal process; (4) the transactlon you request vrouro exceed Ote
funds M your account plus any available oveMratt credo; (5) PSECU has reason
ro believe Otat the transaction requested is unautltodzed; (8) Ute faUure was
caused by an act of God, Ere, or otlter catastrophe, or by another cause beyond
control. In arty case, PSECU shall be Noble for arwal proven damages O Ora
failure ro make Ore transaction resulted from a bona title error despke PSECU's
procedures ro avottl such errors.
9, Disclosure to Third Parties
' MAC, ACH and SST -PSECU will d'rsdose iMonnetlon about your aW WM ro
ihlM parries: (1) when H is necessary ro complete transactions; (2) ro varNy the
existence and standing d your account witfi PSECU tops( request d lttkd party. ,
such as a credo bureau; (3) to comply wkh government agency or court orderer ~,
(4) In accordance WNh your written perMSSlon; (5) ro compy with government or
administraUVe agency summonses, subpoenas, a court omere;.(6) on receipt of
cerUNCatlon horn a Federal Agency or deparbneM that a request for kdorrTrsUon
b N compliance wNh the Right to Flnendal Privacy Add 1978; and (7) when tt
bl racessery ro take legal atria( ro recover shdres.
-... ~.fia,. _ ..., _ _ __ _. - mmn..n=.ww+en~alR'Ilr'Til-,mpgarRA~{ _ s,.. _._ __~.-*~ec..xr~.-mp
r ~•~••~~«: ~arnas rrensrer. aanc: nareement ana .rreawenon -E' .olsaoatre our MONEY ACCESS CARD. The number of a
(oartlnueO) I retambn Is rat revealed for aecudlY purposes.
10. MONEY ACCESS CENTER Services
• MAL" Onty -You may use your MONEY ACCESS CARD wtth your Personal
Identltlcelbn Number (PIN) at MONEY ACCESS CENTERS located M Delaware,
Maryland. New Jersey and Pennsylvania ro cerrdtrot enY of the blowing
trerrsactlons forthe acceuttls accessed by your MONEY ACCESS CARD.
a) Determine the account balance(s) of your Checking your Aegular Shares,
antl your Personal Service Loan (PSL).
b) Wdhdrnw cash from your Cheddng arM your Regular Shares.
c) Make a cash advance from your Personal Service Loan (PSL).
d) Deposit cerrency, checks, or drafts (ceirts are not acceptable) for transmission
to PSECU for depose M your Cheddng end your Reguar Shares.
NOTE: There are limited bcations in Maryland where deposits maybe tirade.
We wish to inform you that some MONEY ACCESS CENTERS located in these
areas may amy Provide access a Your Checking,your Regular Shares, and~your
Personal Service Loan. Not all Ml'NdEY ACCESS CENTERS rosy accept
deposits. There may also be limits on the amoum of funds whblt you may
deposk b certain MONEY ACCESS CENTERS.
1 t. PLUS SYSTEM' Services
• MAC Onty -You may use your MONEY ACCESS CARD with your Personal
IdentiWcation Number (PlN) at any PLUS SYSTEM automated teNer machine
(PLUS SYSTEM ATM) ktceted throughout the Unketl States, Puerto Rico,
Canada, Great Britain and Japan a conduct arty of the following trattsactlons on
me accounts accessed q' your MONEY ACCESS CARD.
a) Determine the acceunt balance(s) of your Cfteddng, your Regular Shares,
and your Personal Service Loan (PSL).
b) Withdraw cash hom your Ctteddng arW your pegular Shares.
c)-Make a cash adverse from your Personal Service Loan (PSL).
NOTE: Deposits are not available through PLUS SYSTEM ATMs.
These are the MONEY ACCESS CENTER services errantry availabe through
the PLUS SYSTEM network. Other services may be offered in the future.
12 HONOR' System Services
MAC Onty -You may use your MONEY ACCESS CARD with your Personal
IdenBfication Number (PIN) at any HONOR aWOmated teller machine (HONOR
ATM) located tfuougtxxd Fktrtda and other areas where there are HONOR
ATMs. The blowing transactions may be done on the acceufds accessed by
your MONEY ACCESS CARD.
a) Determine the account balance(s) of your Checking, your Regular Shares,
and your Personal Service loan (PSL).
b) Withdraw cesh from your Checking and your Regular Shares.
c) Make a cash advance from your Personal Service Loan (PSL).
NOTE: Deposits are trot available through HONOR SYSTEM ATMs.
These are the MONEY ACCESS CENTER services currently available through
the HONOR SYSTEM network. Other services may he offered in the future.
13.OTher ATM Network Access
• MAC Onty-From time ro time, PSECU may rnake anangentems wkh other ATM
networks to grant access to MONEY ACCESS CAROB. PSECU shall inform you
when such anangements are made and descdbe the services that are avaiWde
ro you. Any charges will also be described.
14. Purchase Trensecdtms
• MAC Onty -You may use the MONEY ACCESS CARD ro purchase goods and
services CPUrchese9 at arty retaU esfeb(khmem ("Mercherd~ where MONEY
ACCESS CAROB are accepted by seat Merchant The amount m au such
Purchases wgl be deducted iron your f2tecldng. When you make a Purchase
using the MONEY ACCESS CARD, you w91 be requesting PSECU ro withdraw
lands from your Chackirt9 kn the anroum of the Purchase and direc8ng PSECU
ro Pay these funds b such Merchem.
15. Umitatlane on the Use of your MONEY ACCESS CARD
MAC On/y-You may withdrew up ro $500 per day from one or a cembinetlat of
your acceums fry using a MONEY ACCESS CARD provided me funds are
available et a MONEY ACCESS CENTER, PLUS SYSTEM or HONOR System
ATM. In addition, you may witltdraw/purdtase up ro 5500 at poled of sale
kroatlons. PSECU reserves dte rgM b reduce this dally Gmtt at arty tlme. In the
event that your dairy limtt N less tltan 5500, PSECU wtll advise you of the new
Iimitation.The day for wNxlrnwal Ikntts starts at 12 midnight each day and ends
at 12 midnigm the rreM day. For secudy purposes, there are also certain daily
limitatlons on the frequency of use of the MONEY ACCESS CARD. However,
these 9mklarrons are not rerealed for security reasons. The Pennsylvania State
Employees Credtt Union Is not obliged ro maintain strch limitatlons.
You will be denied use of your MONEY ACCESS CARD tl you exceed the daily
wflhdrewaVpurohase Timtt, k you do not have adequate funds available in your
aaa,m, do not emer the correct Personal Identiflcatlon Number (PIN), or
exceed the frequency of usage limitation. The receipt Provided by the MONEY
ACCESS CENTER, PLUS SYSTEM, rx HONOR System ATM, a Merdtani
terminal will rattly you of the denial. Tfare b a limtt on the ramtter of arrctt
denWls permttted. Attempts ro exceed me Nma wig result in machine retentlon of
ttempts that result in machine
16. Error Resolutlon Procedures
MAC, ACH arrd SST - In case of errors or questlons about ycer transactions-
Direct kgWdes to PSECU at (800) 297-7328 NadWtwide, TDD (800) 472-1967
Nationwide, (717) 777-2100 in Hanisburg, or wdte PSEW aC PenrtsyNania
State Employees Credd Unbn, P.O. Bwc 87013, Hemsbtrg, PA 17106.7013, ae
soon as you cart M you think your rdalemem or receipt k wnxtg, a k you treed
more infortnatlon about a transaction fisted on the statemem or receipt. PSECU
must hear korrt you no later tltan 60 days attar R seM you the first statemem on
which the problem or error appaared.YOU must provide the IdlooNrtg ktbrmetlon:
(a) Your name, acceum number, and MONtY ACCESS CARD number lk a MAC
trertsatd(ort), w reference number (ff Sett-Service Telephone Transadba): (p)
Desctkbe the error a the traroactlon you are unsure about, and etq>laln as
decry asyou can why you betteve tt is an error a whyyou need Itre imonnatlon,
and; (c) The dollar arrwunt of the suspected error.
If you tell PSECU orelty, you must send your complaim or question in wrieng
within 10 business days. PSEW wiN tell you the results W Hte Mved>0agpr
wtthln 10 business days (w MON~1' ACCESS CENTFA, p1.US SYSTEM.
HONOR SYSTEM, SELF-SERVICE PHONE, or DIRECT DEBRlCREDiT
TRANSACTIONS, or 20 trays for MONEY ACCESS CENTER purchase
trnrrsactlons. Ii we need more dme, hovrever, we may hake up ro 45 days for
MONEY ACCESS CENTER, PLUS SYSTEM, HONOR SYSTEM, SELF-
SERVICE TELEPHONE, or DIREGT OFSRlCREDR TRANSACTIONS rx 90
days for MONEY ACCESS CENTER purchase transactions. If PSECU rleddes
to do this, tt will recredtt youraccetrrd wihin 10 business days brthe amount you
think is b error tt k k e MONLY ACCESS CENTER, PLUS SYSTEM, HONOR
SYSTEM, SELF-SERVICE TELEPHONE, or DIRECT DEBRlCREDIT
irensactlon, or 20 business days M tt is a MONEY ACCESS CENTER purchase
transaction. You es11 have the use of the money durutg the tlme k fakes to
complete the inves8gation. k PSECU does not receive your complaint w
queston to wrking within 10 business days, PSECU may rrot.recredit your
acceunt. k PSECU deddes there b no error, you will fro advised wftlrin three
business days attar the imresOgation is oompketed.YOU may ask ku copies of the
documents PSECU used in the lnvesigation. g PSECU credits your account
while invesdgadng, you must repay those funds k PSECU cendudes ra error
has oxurred.
Notice To Consumers Using ATM's
ee alert to your surroundings. If you doubt the safety of a particular ktcakan;
choose another ATM.
If the ATM has an entry door, dose the door prior to inttia0ng your transaction.
PW your cash away immediatety.
Direct complaints rronceming ATM security to an appropdate department of
the owner of the ATM. New Jersey residents: you may call the New Jersey
Department of Banking al (609) 292-7272.
For those members who purchase a vehicle under the
DRIV Program, please review the following FTC Notice:
NOTICE
ANY HOLDER OFTHIS CONSUMER CREDIT CONTRACT
IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINST THE SELLER
OF GOODS OR SERVICES OBTAINED WITH THE'
PROCEEDS HEREOF. RECOVERY HEREUNDER BYTHE
DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE
DEBTOR HEREUNDER.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-04476 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PA STATE EMPLOYEES CREDIT UNIO
VS
WILEY HAROLD F II
BRYAN WARD
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
WILEY HAROLD F II
was served upon
DEFENDANT
the
at 1605:00 HOURS, on the 25th day of July 2001
at 922 VALLEX STREET
ENOLA, PA 17025
HAROLD WILEY
by handing to
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 9.10
Affidavit .00
Surcharge 10.00
.00
37.10
Sworn and Subscribed to before
me this ~ day of
[.ci.ecriX J-bv ~ A. D .
-~
~~~. hU..ee~.- , ~y
rothonotary
So Answers:
R. Thomas Kline
07/26/2001
METZGER WICKERSHAM
By . v v'e-~
~-
Depu Sheriff
JUDITH KUNTZ-MISLITSKI,
Plaintiff
V.
RICHARD P. MISLITSKY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-4676 CIVIL TERM
ORDER OF COURT
AND NOW, this 1st day of October, 2001, the petition
to remove this divorce action to another county, IS DENIED.
The petition for recusal, IS DENIED. The case is assigned to
this judge for all further proceedings in this court.
By the Court,
~--
r`
Edgar B.
Kathleen C. Daley, Esquire
For Plaintiff
Carol A. Redding, Esquire
For Defendant
prs
J.
v
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.~~ ..
t~N`aii,AS~liV?d
A l i;~ ~:
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
J[JDITH KUNTZ-MISLITSKI, Civil Action -Law
Plaintiff
v.
No. 01-4676
RICHARD P. MISLITSKY,
Defendant In Divorce a.v.m.
AMENDED PETITION FOR REMOVAL OF DIVORCE ACTION
AND NOW COMES the Defendant, Richard P. Mislitsky, Petitioner herein, by and through his
counsel, Carol A. Redding, Esquve, and moves this Honorable Court to transfer the instant divorce
proceeding, and in support thereof avers as follows:
Defendant, Petitioner, incorporates by reference thereto the averments set forth in this
Petition for Removal of Divorce Action as though same were fully set forth herein.
2. Plaintiff, Respondent, chose to file a "Fault" divorce under a divorce action under Section
3301(a)(6) intending to bring to issue facts, events and circumstances arising during the marriage.
Plaintiff has refused the Defendant joint physical custody of the parties' children
intending to challenge Deferdant's competency and fitness as a father.
4. Plaintiff intends to bring into issue past facts and Defendant's current and past medical
history.
It is Plaintiff s intention to cause harm to Defendant's personal and professional
reputation and to adversely affect his ability to maintain existing, and to attract future clients.
6. With great emphasis, Defendant affirmatively avers that litigating this action in
Cumberland County will cause severe and irreparable harm to Defendant's law practice and his ability to
successfully engage in his profession as a sole practitioner of the law.
It is further affirmatively averred that litigating this action in Cumberland County will
adversely affect the Defendant's ability to adequately and effectively represent existing and future clients
appearing before the Cumberland County Court.
8. It is further affirmatively averred that litigating this matter in Cumberland County shall
adversely affect the Defendant's ability to live as a respectable and reputable resident in the Carlisle azea.
9. Defendant believes and therefore avers that the only way to prevent irrepazable harm is to
transfer and litigate this action in another County.
10. Transfer of this action will not result in harm or prejudice to the Plaintiff.
11. It is affirmatively averred that regardless of what prejudice may be alleged by the
Plaintiff, the harm and prejudice to the Defendant will be far more profound,
WHEREFORE, the Defendant respects this Honorable Court to transfer this divorce action and
all related matters to another forum.
Respectfully submitted,
~~a.~ nc
Cazol A. Redding, Esquire
Attorney #82041
Counsel for Petitioner,
Richazd P. Mislitsky
BEDDING LAW OFFICES
19 North Main Street
Chambersburg, PA 17201
(717)267-1440
VERIFICATION
I verify that the statements set forth in the foregoing document are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Date: IIoZGi I~f
~.l ~~
Richard P. Mislitsky
l~
PENNSYLVANIA STATE EMPLOYEES : IN THE COlURT OF COMMON PLEAS
CREDIT UNION, :cUj~p~jL{n~ COUNTY, PA
Plaintiff
vs. NO. ~~.l~c.f-7(p
¢~~old F lt)r1e.~~ ~ .
Defendant : CIVIL ACTION -LAW
PRAECIPE TO WITHDRAW/ENTER APPEARANCE
TO THE PROTHONOTARY:
Please withdraw Steven C. Courtney, Esquire of the-Law Offices of Steven C. Courtney,
P.C. as counsel of record for Plaintiff in the above-referenced matter.
Please enter the appearance of Melissa L. Van Eck, Esquire of Van Eck & Van Eck, P.C.
as counsel of record for the Plaintiff in the above-referenced matter.
Respectfully submitted,
By:
Steven C. Courtney
Attorney ID #74669
P.O. Box 6280
Harrisburg, PA 17112
717-540-3900
c
Melissa L. Van Eck, Esquire
Attorney ID #85869
P.O. Box 6662
Harrisburg, PA 17112
717-540-5406
Date: Attorney for Plaintiff
Document #: 218597. [
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BY: Melissa L. Van Eck, Esquire
Attorney LD. No. 85869
P.O. Bog 6662
Harrisburg, PA 17112
717)540-3900
Attorney for Plaintiff
PENNSYLVANIA STATE EMPLOYEES : IN THE COURT OF COMMON PLEAS
CREDIT UNION, :CUMBERLAND COUNTY
PENNSYLVANIA
Plaintiff .
vs.
HAROLD F. WILEY, II
Defendant
NO. 01-4476
CIVIL ACTION -LAW
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
Please mark the Judgment Satisfied that was entered against the Defendant in the
above captioned matter as settled.
Respectfully submitted,
VAN ECK & VAN ECK, P.C.
Dated: ~ ~~ ~~
By:
Melis L. Van Eck, Esquire
ID #85869
P.O. Box 6662
Harrisburg, PA 17112
717-540-5406
Attorney for Plaintiff
Document #: 218597.1
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