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Home My WebLink About07-7536 r Civil ' erm IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. ?7 - 755(v CREDIT UNION, Plaintiff VS. ANDREW A. ANGLE Defendant : CIVIL ACTION -LAW NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 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 the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3199 1-800-990-9108 D Document #: 180057.1 EN LA CORTE DE ALEGATOS COM ITN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. CREDIT UNION, Plaintiff . VS. ANDREW A. ANGLE Defendant CIVIL ACTION -LAW AV I S O PARR DEFENDER Conforme a PA Num. 1018.1 USTED HA SIDO DEMANDO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes pdginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defenses o objeciones a las demandas puestas en contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mds aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Ustedpuede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3199 1-800-990-9108 Document #: 180057.1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff VS. ANDREW A. ANGLE Defendant NO. 0 Y- 4! ? - CIVIL ACTION -LAW COMPLAINT AND NOW, comes Plaintiff, Pennsylvania State Employees Credit Union, by and through its attorneys, Van Eck & Van Eck, 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 financial 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, Andrew A. Angle, is an adult individual with a last known address of 235B Hummel Avenue, Lemonye, PA 17043-1949. 3. Defendant is, and at all relevant time material hereto has been, the primary loan applicant. COUNTI BREACH OF CONTRACT-VISA LOAN 4. Paragraphs 1 through 3 are hereby incorporated as if more fully set forth. 5. Defendant applied to Plaintiff for a Visa loan. A true and correct copy of said application is attached hereto, incorporated herein and marked as Exhibit "A". 6. The application submitted by Defendant was approved by Plaintiff. Document #: 180057.1 7. 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» 8. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms and conditions of the Contract marked as Exhibit "B". 9. Various charges and payments were made by Defendant on the account. 10. Defendant has defaulted on the loan by failing to make timely and regular payments. 11. The last payment made by Defendant was on July 26, 2006. 12. Defendant is required under the contract to make regular and timely payments. 13. Plaintiff has maintained a statement of account keeping an accurate and running amount of debits and credits made on Defendant's account. 14. Plaintiff has submitted to Defendant a copy of the statement of account accurately showing all debits and credits for transactions with Defendant. 15. Defendant has not objected to any of the monthly statements of account submitted by Plaintiff to Defendant. 16. Despite Plaintiffs reasonable and repeated demands for payment, Defendant has failed, refused and continue to refuse to pay all sums due and owing on Defendant's loan account balance, all to the damage of Plaintiff. Document #: 180057.1 IT As of December 12, 2007, the balance due, owing and unpaid on Defendant's loan account with Plaintiff is the sum of One Thousand One Hundred Seventy-Nine Dollars and 69/100 ($1,179.69). 18. Pursuant to the terms and conditions of the extension of credit contained in the Contract, Plaintiff is entitled to receive and Defendant agreed to pay an annual interest charge on the principal loan balance. 19. Due to the default of the Defendant and pursuant to the terms and conditions of the Contract attached as Exhibit "B", attorney's fees in the total amount of Thousand Two Hundred Sixty Dollars and 93/100 ($260.93) have been added to the account. 20. Any and all conditions precedent to the bringing of this action has been performed by Plaintiff. 21. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, Andrew A. Angle in the amount of One Thousand Four Hundred Forty Dollars and 62/100 ($1,440.62), plus interest, the costs of this action, and such other relief as the Court deems just and proper. COUNT II BREACH OF CONTRACT 22. Paragraphs 1 through 21 are hereby incorporated as if more fully set forth. 23. Defendant applied to Plaintiff for a loan for the purpose of purchasing a motor vehicle. Document #: 180057.1 24. The loan application submitted by Defendant was approved by Plaintiff and Defendant signed a Loanliner Advance Proceeds Check for the purchase of the vehicle. A true and correct copy of said Loanliner Advance Proceeds Check is attached hereto, incorporated herein and marked as Exhibit "C". 25. Pursuant to the Loanliner Advance Proceeds Check marked as Exhibit "C", 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 "D". 26. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms and conditions of the Contract marked as Exhibit "D". 27. Various charges and payments were made by Defendant on the account. 28. Plaintiff provided a letter to Defendant stating that the vehicle purchased by Defendant was deemed repossessed. The letter further advises Defendant that unless payment in full was made on the outstanding loan balance, the said vehicle would be sold at a public sale and Defendant will be responsible for any resulting deficiency. 29. As a result of Defendant's failure to cure the default in payment, and pursuant to state law remedies, Plaintiff sold the vehicle at public sale. 30. Plaintiff provided a letter to Defendant indicating that there was a resulting deficiency after the sale of the vehicle. 31. Plaintiff has maintained a statement of account keeping an accurate and running amount of debits and credits made on Defendant's account. Document #: 180057.1 32. Plaintiff has submitted to Defendant a copy of the statement of account accurately showing all debits and credits for transactions with Defendant. 33. Defendant has not objected to any of the monthly statements of account submitted by Plaintiff to Defendant. 34. Despite Plaintiff's reasonable and repeated demands for payment, Defendant has failed, refused and continue to refuse to pay all sums due and owing on Defendant's loan account balance, all to the damage of Plaintiff. 35. As of December 12, 2007, the balance due, owing and unpaid on Defendant's loan account with plaintiff is the sum of Eight Thousand One Hundred Fifty-Six Dollars and 01/100 ($8,156.01). 36. Pursuant to the terms and conditions of the extension of credit contained in the Contract, Plaintiff is entitled to receive and Defendant agreed to pay an annual interest charge on the principal loan balance. 37. Due to the default of the Defendant and pursuant to the terms and conditions of the Contract attached as Exhibit "D", attorney's fees in the total amount of One Thousand Six Hundred Thirty-One Dollars and 20/100 ($1,631.20) have been added to the account. 38. Any and all conditions precedent to the bringing of this action has been performed by Plaintiff. 39. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. Document #: 180057.1 WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, Andrew A. Angle in the amount of Nine Thousand Seven Hundred Eighty-Seven Dollars and 21/100 ($9,787.21), plus interest, the costs of this action, and such other relief as the Court deems just and proper. Respectfully submitted, VAN ECK & VAN ECK, P.C. By: Melissa L. Van Eck, Esquire Attorney I.D. No. 85869 P.O. Box 6662 Harrisburg, PA 17112 717.540.5406 Document #: 1800571 VERIFICATION I, Harry L. Smith, Manager of the Pennsylvania State Employees Credit Union verify that the statements made in the aforegoing 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 unworn falsification to authorities. Pennsylvania State Employees Credit Union By: Title:_ Co 1 te?S pyt G 2 Date: I,;) I i -->, I D JI Document #: 180057.1 EXHIBT «All ?U f y ?? V??J (F?eV', F?'?cS'Yi?Gt? a??? a,: /'U?r Page 1 oft ()Oe5 phcarllS DOB match driver's IiCOnse/PA ID axpi,atl rs? .,?((? ?P ?U em ?rs?a? rctrYatle ?ormdcfre? On credit roport? ?J? it 111p, in,, tipD q 00 J't?6 ri Cr Ott r I I (?`?;? Your account will be setup with the following Information. ease Venfy and sign this?or C r#t"nor Q?Bny-etran the form. gos; pida???nfr?tp?t?tem on Member Information Andrew A Angle .tea 235 B Hummel Avenue Lemoyne, 3 /1ot1 Years at Address: dress: 4 IV lJ Account Number: 6704748964 SS#: 272885574 ?•???`J DOB: 09/24/19 /24/1987 Citizenship: US CITIZEN Permanent Home Phone A 717-730-0539 Work Phone #: Eligibility: Student of HACC ID Type: Driver's License ID #. 28662953 ID State: Pennsylvania 5 , p.G ID Expiration Date: 08120/2006 Lf'J SET 2 9 2005 Joint Owner information •- The following will be joint owners on your You must write In the Joint Owner's name, Social Security Number, account. Date of Birth, and Relationship if it is missing. Name: Name: DOB: B: DOB: OB: Relationship: Relationship: Chock (mpr(nt information you chose PSECU's Chocking Servi, Check Card inform to lolti~,if you elected Check Card service on your ' -lire*following infortnatton rill gip` ear on your checks. ` e uountpcerds wllLbe-lsst> d in the following names. Please choose your Andrew A Angle Check Card/ATM PIN at the bottom of this page. Andrew A Angle r? 717-730-0539 Andrew A Angle 4 ?'r l L i -r 235 B Hummel Avenue Lemoyne, PA 17043 on So a ass n was seta d ? was not selected Std S u ant In o Are you a U.S. citizen era permanent resident alien? 2 Yes C No G 0luzi f fPJ 1.0 was selected ? was not selected !G(?f Are you a full-time student of I-IACC? Q Yes C No 1`V d w I hereby apply for membership In PSECU and agree to the conditions stated In the Agreements S Disclosures booklet, the lawseess and regulations of PSECU which will be provided to me as required by law. I apply for and agree to the stated terms for each service requested on this application. From time to time, PSECU will announce additional services. My/Our use of these services will Indicate mylour acceptance of the terms and conditions presented as they are announced. [Ave authorize any person, association, firm, corporation, credit bureau or personnel office to furnish information, including credit reports, concerning me or my affairs and all joint owners upon request of this credit union. I/We understand that I and any or all of my joint owners have the right to request In writing, the nature and scope of the credit union's investigation. Any negative balance created in this account shall bear interest at the highest unsecured loan rate offered by PSECU until paid In full. Repayment of this amount will be the personal obligation of all joint owners of any account owned by those individuals. Ilwe understand that it is a federal crime to wailfully or negligently provide Incomplete or incorrect Information on requests made to State Chartered Credit Unions Insured by the National Credit Union Administration. I/We understand that PSECU will rely on all the Information In this membership application to ensure membership eligibility. INVe certify under penalty Title 18, United States Code, Section 1001, at seq, that the Information on this application Is true and correct. internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid U.S.A. Patriot Act Identity Verification Notice Important Information about procedures for help our government right the funding of terrorism and money laundering activities, Federal account a now l law requires all financial Institutions to obtain, verify, I record information that identifies each person who opens an account at PSECU. at this means for you: When you open an account, we will ask for your name, address, date of birth, Taxpayer Identification Number (TIN) ually your Social Security Number) and other information that will allow us to identify you. We may also ask to see your driver's license or other nfifying document(s). The taw requires us to maintain records of the identification verification and periodically update this information. Please be ured that the same strict confidentiality of your information maintained by PSECU will be continued as required under the Gramm-Leach-Bliley racy Act and PSECU's Privacy Policv. Member's Sig Joint Owner's Slgi Joint Owner's Sim Date Date Data to B hJ EXHIBIT `B" i? R I, t DS Loan Disclosures '•A' "',,? 'et' .x :. R-t.' •y "' r 'yyS3 ... j JV5y rli az.., ?,• " 3rs s+? o NINE; i'.is LOANLINE R Cm-d,t and brr rrsen rr • i y• \? iC ,. tc eJ s r r s, n t r :'Yc ): I,;' ,,j f p) :j rr - r t , r i c e oe r p iymen s ru r _ending D : isiost.ros, :•nll to role: re d •o a the P!an. -the Pan d c.. , nF_ .r c ..i'r. it r i Gr i" r!,.,), .if (;Ire f:c..s .r r :o r= < f , "ur r a :r" may be ex t n.Jt:J ar,'et men! and an ArJderxh,rn. You your and borroweer mean any per: on r;}sn i ., ,s rhos c-rr::::t insurancrr, r tr s m .y 0,inti.; during r it the r,,trs ch.;ar,eja, :•:e v: dl :he Plan. Credit union. we, our and us fne.an SIr.CU Cr anyone to ::h Iri't;n CrecJit `z;;,y nc,!ices re,talrad by a;,p5c-ihtr. L_r::. Union trains'ars its fights under ?^a Pan. PERIODIC STATEMENT -- On a racy, ,r basis -,,.,u receive a statemant showing HOW THIS PLAN WORKS - This is an open-end, mul!i-featured cted't c!=in 'Wo :ill transactions ;ruder the Plan during the poroc c:7vered by the statemert. j amic pate that, frorn trine to time. You :will borrow, rnoney (called "• advancos") under i Statements :ind notices will bu sent to you ;it tha most rerent aadress you have 'he Plan. We are not required to make advances to you under the Plan and can given us in .:ru5ng. Unless iapp!Ictibta ta•, requires naUce to each joint borrov:ar. rehise a request for an advance at any time. fhe Addendum 415Cr;t -s 'he f notice to any one of you will be notice: to ail. Different types of credit (called `subaccounts") available undor the Plan, tha current I JOINT ACCOUNTS - if tf s is a )int lrccurd, e.?ir..n ca veu is ir:UividuaL•y and olio:'! , r Interest rate for each subaccount expressed as a daily periodic rile and ' !c a ; corresponding annual percentage rite and other charges. It may also have otrier ` re=responsible for paying ail amounts owctf. That means we can enforce our rights Terms and a schedule for de!erminirg the payment amounts. I tinder the F kin against any one of you individually or against all of you tOgethryr. N you i i give us Inconsistent instructions, wo can refu_e to foflcw your instructions. Unless our CREDIT LIMIT - We may, but do not have to, establish a credit limit on certain written policy requires ail of you to sign for an advance, each of you authorizes the subaccounts. If a credit limit is set for a subaccount, you promise not to exceert the I other(s) to obtain advances individually and agrees to repay advances made to the established credit limit. If you exceed the credit limit, you promise to repay I other(s). Any joint accountholder may terminate the Plan by giving us prior .vritlen immediately the amount winch exceeds the credit lirnit. notice. of any of you terminate the Plan, the P!an is terminated for all of you. You i REPAYMENT - You promise to repay an amounts you owe under the Plan plus remain liable individually ar:d iointly for an advances incurred before termination. ?- interest Payments are due on the last day of the month unless we set a different day FEES AND CHARGES - If you give us a security interest in certain IV, es cf al the tyre of an advance. It the Addendum has no paymeml schedule for a property, we may charge you a filing fee to perfect our interest in the property, if we i subaccount, your payment will be determined at the time of each advance, do, the amount of the fee will be disclosed to you at the time you obtain an advance. Payments must include any amount past due and any amount by which you have We may also charge you other fees in connection with the ?Ian. Our current fees are exceeded any credit limit you have been given for a subaccount. You may repay all ! disclosed on the Addendum and ".viil be added to your loan balance unless you parr i or part of what you owe at any time without tiny prepayment penalty Even if you f them in cash. prepay, you will still be required to make the regularly scheduled payments unless I f eva agree in writing to a change in the payment schedule. If you have a joint UPDATING CREDIT INFORMATION - You promise that you will promptly give us sharedraft account, you will be responsible for paying an overdraft advances , written notice if you move, change your narr•e or employment, or if any other obtained by a joint holder of the sharedratt account. Unless otherhi3e required by i information you provided to us changes. Upon our request. you also agre13 to law, payments will be applied to amounts owed under the Plan, in the manner the I provide us up7ated financial information. j Credit Union chooses. DEFAULT - The following paragraph applies to borrowers in Idaho, Kansas, I PLAN ACCESS -You can obtain credit advances in any manner authorized by us. If Maine and South Carolina: You will be in default if ytiu do not maker a payment of we allow you to use your AThllOebit carol to access the Man, you may be liable for the the amount required when it is duo. You will also be in default it we believe the unauthorized use of your ATM/Debit card. You will not be liable tot unauthorized use prospect of payment, performance, or realization on any property given as security j that occurs after you nottty us, orally or In writing, of the loss, theft, or possible I is significantly impaired. unauthorized use. If you believe your ATM/Debit card has been lost or stolen, ! The following paragraph applies only to borrowers in Wisconsin. You will be in immediately inform tyre Credit Union by calling or writing us at the telephone number or default ;f you fail to make a payment when duo two times during any 12 month address that appears elsewhere in the Plan. If the card is used to obtain unauthorized period. You will be in default if breaking any promise made under the Plan materially i advances directly from the Plan, your liability wilt not exceed $50. If the unauthorized impairs your ability to repay what you owe or materially impairs the condition, value, i withdrawd Is from a sharadraft account, your liability is governed by the Regulation E or protection of or our right in any property you gave as security. disclosures you received at the time you received your ATM/Debit card, even if the The following paragraph applies only to borrowers In Iowa: You will be in ' withdrawal results in an advance being made from your overdraft subaccount. i default it you are more than 10 days late in making a payment. You will also be in t FINANCE CHARGE - The dollar amount you pay for money borrowed is caned a default if you do not comply with the torms of the Plan and your failure to comply 'finance charge' and begins on the date of each advance. A finance charge will be materially impairs any property you gave as security or your ability to repay what you I computed separately for each separate balance under the Plan. To compute the owe under the Plan, finance charge, the unpaid balance for each day since your last payment (or since I The following paragraphappfles to borrowers in all other stators: You will be in 1 advance if you have not yet made a payment) is multiplied by the applicable daily periodic rate. The aura of these amounts is the finance charge owed. The balance default it you do not make a payment of the amount required when it is due. You will periodic used to compute the finance charge is the unpaid balance each day after payments be in default if you break any promise you made under the Plan or if anyone is in default under any security agreement made in connection with an advance under I and credits to that balance have been subtracted and any additions to the balance I t the plan. You will be in default if you die, fife for bankruptcy, become insolvent, if you have been made. In addition to interest, we may charge other finance charges which I make any + false or misleading statements in any ap lication or update of credit are disclosed on the Addendum, if the interest rate is a variable interest rate, the y p f Addendum expfafns• how the variable interest rate works . information, or if something happens we believe may substantially reduce your ( I ability to repay what you owe. You wilt be ;n default it any property you have given SECURITY -You ptedge as security for the Plan all shares and dividends and, if us as security is repossessed by someone else, seized under a forfeiture or similar f any, all deposits and interest in all joint and individual accounts you have with us law, or it anything else happens that significantly affec!s the value of the property or j 11 now and in the future. If a specific dollar amount is pledged for an advance, vie will I our security interest in it, You will also be in default under the Plan if you are in default freeze shares in that account to the extent of the outstanding balance for the under any other loan agreement aith us. advance. Otherwise, your pledged shares may be withdrawn unless you are in i ACTIONS AFTER DEFAULT The following paragraph applies Lot , Missouri, ! default. The following paragraph applies in all states except in Ohio, Rhode Colorado Island and Massachusetts: We have a statutory lien on the shares and dividends , District of Columbia, town, Kansas, Maine, Massachusetts, tts Mlssourl, and, if any, the deposits and interest in all individual and joint accounts you have with Nebraska, South Carolina and West Virginia: When you are in default and after .:s and may exercise our rights under the lien to the extent permitted by state taw. expiration of any right you have under applicable state law c curd your default, we can 1 (We are state chartered f our name does not include the term "Federal Credit (demand irnmadia!e payment of the en,lire unpaid balance under 'he Plan ,riniout ! Union') For all borrowers: The statutory lien and/or your pledge will allow us ! g°v'ng you advance notice. to apply the funds in your account(s) to what you owe when you are in default. j The following paragraph applies to borrowers in till other states except' Wisconsin i The statutory Ilen and your pledge do not apply to any Individual Retiremart ! and Louisiana: When you are in default, vre can require imrr;diate payment Account or any other account that would !ose special tax treatment under state or I (acceterationi of the dntire unpaid bL-Jaru:e under tre Fan. You w Nor any flight you have <iartl iavr 'f riven as security. ; to d_msra for , , yment, notice of alert to accelerate rncJ notice of arr_e'er&'iotl. Add?icnal security for the Plan May be regcired at the time of an advanco. if a The following paragraphs apply to borroc.ers in all states except Wisconsin and i ub account identifies a tyre cf property (cucl as "hlevr Cars") you must give t`;at Louisiana: If im.media?e payment is carnarnJe•a. you mil continue to p. y iri!erest unfei pe of property is s c ,ty vevan • ou pt an advance under trial si.:hacccmn! A ' shat you n vie nas beta repar_i a the Dpi ca :? riff t rates in uffcct or .r app4 aL,:e. r' accoun; narna s.; n is "Oth:x "cw(vd' means ',TA) must prordo =....:airy at the Jr t nt rata rfiscicsed cn a •:de u:m. I? & e`nerrd for aril edi?to p-:yrrrerrt _ ceprab'r, to us when you obtain an as:ance un•:ior that subaccount.t Prr t •;cu haS toe-an rn?e, ••ot:r shares an fir n s , .„: Lc , t• vie as seCUri: v.-ill secure all r.:n , Plan , ?" Y i ; rn^ applied d ic::ards It yeti a:: •, . g •y !ounis O'.+ed uti:fef t ;at_ any :ail utner'C,'.ris '•i , ro?'i.!?Lt' in thv , t• P t orl , ua C''J _rc "u,Vim- ,airi ...0 e>erC ?^ nv rittsrf rsv3 .vi:h nor,, or in tiie futur-.., ,;Ycc pt any loan sects-, by f our onn pa! J..,.,! , g milts r la iv „h.; i y,, ,, r, 1:' lu:, Ptvparty 5erur:ng o;^•cr !sans ;ou `._,e ,, tr cs : a ni>o:,ar•r:e .?•o F!.ir. Yo, fi,; as 1'1° Cre j:l Union t;fl. , e io ta•,c• PJLsu__ion c•f any prceerry CREDIT INSURANCE Cresi t d or ..;lit d. 3 r!r ,ngur;tn"r is '.riti;, as etc... t.nda.f ;he r U r ::le Pan ! you ^t:Fi••ff Jr _,i,,,j . a-.A'l:.' , Su:anco from :Y•hi J.,I 1,..:1? J. r.3C,li J: a?i• i.r .i;"r3 f L. a_.k. ,..J r. Oi ? .. ,! ?r .. '+ , c: :1. i. ,, •..) r •f !., :, ?!u :!'•:. ,'i?Uri't.•, ?'t,.TJ"ire ?,) "tiff ') i.. IU.I t .. _t.r_? ,1 , i:l.. 1.) HOC I,l??..? .. ._ CFtn.?-_ tt tf"f? p "l;i I :•'i. .!f 1 ":! t ,. j. i-e 'hi:l - ._r t I.0ANLUftff` C:ec:rt _ ,r It \ r t 4 7 _. .? a ,^ -e f5 } r 1 o'o of ,)?. r J p75 ill (The ;11' al r 1 Ir ,. i` d . a d from t re ' r i c,d ,r) Me ,-) ri i hi. L J), r ,! Of W J t h-1 ( pro ; r y ,r p- r . q t for sale and a,t (, o' e c c,,it t. t, ,r .. ;f Lr :.tae .T,1 or ,.ard:)9 under (nn Bnnkruplcy Cout } y any ;h%tt r8nii:ns ?r•p:el'l ca.:er,n,) Sale rncn•;iy has bi)cn appf 7t wiria;d cello ice 1 i:':r±r o Mail. Y u fgrae ro pay interf"st Cn taint r1fTV?:1n! at f tr - r-me as tra ad r-x,e r it of F l tf `e• at the default r a d :;,Iplied :,n it A,,ceny:.) -t, until ih at a ,}oust has boen paid. rho following paragraph applies only to Wisconsin borrowers: 4Vnen you ;va d fault ar:d after expiratrnn of any right you have limiter applicable state law to cure yo 'ei:au!t, NO 11;11/ require immediate payme`lt of your outstanding loan balance und4or t Plan and seek possession of proportY given its security. You may voiuntar:iy give In property to us it you choose, or vie may seek to take possession of the property judicial process. It ive repossess the pnoperhr, you agree to pay reasonable expense ncurred in disposing of the property if the property is a motor vehicle, mobile horn trailer, snovvnobrie, boar or aircraft. you will also be required to pay ary costs permitte vy Section 422.:.13 of Late Wisconsin Statutes. You must pay any amount that remain unpaid after the sale money has been applied to what you owe under the Plan. Yo area to pay interest on any unpaid amount at the same rate as the advance, or, applicabe, at the default rate disclosed on the Addendum, until that amount is paid. If the property is located outside Wisconsin at the (line of default, we may tak possession of the property without judicial process, if permitted by the state wher the property is lecatecl, rho following paragraph applies only to Louisiana borrowers. When you are i in default, ire can require immediate payment (acceleration) of the entire unpai t;aiance under the Plan. You waive any right you nave to demand for payment, notic of intent to accelerate and notice of acceleration, if immediate payment r is demanded, you will continue to pay interest until what you owe has been repaid a the applicable interest rates in effect unless a default rate is disclosed on th the Addendum. If a demand for immediate payment has been made, the shares an deposits given as security for the Plan can be applied towards what you owe. W We can also exercise any other rights given by law when you are in default and ou our rights under any security agreements you have with us. CANCELLING OR CHANGING THE PLAN - The following paragraph applies only to borrowers in Illinois: We have the right to change the terms of the Plan from i time to time after giving you any advance notice required by raw. Any change to the i interest rate or other charges will apply to future advances. The following paragraph applies only to borrowers in Wisconsin: We can change the terms of the Plan from time to time in accordance with Section 422.415 of the Wisconsin Statutes. You will be notified of any change in terms. An increase in the daif? periodic rate under a variable rate interest rate is not considered a ! change in terms under the Plan. We can cancel the entire Plan or any part of the Plan at any time. You may cancel the Plan at any time by giving us prior written notice, your obligation to pay the unpaid batanees under the terms of the Plan continues whether you or the credit union cancel the Plan, except to the extent that your liability is limited by Section 422.4155 of the Wisconsin Statutes. The following paragraph applies only to borrowers In Iowa, We can change the terms of the Plan from time to time after giving you any advance notice required by law. A change that increases the rate of finance charge or other charge, that increases the amount of your payments, or that otherwise adversely affects existing balances will apply to existing balances only it you agree to the change or you use the Plan after receiving notice that your use of the Plan means you agree the change applies to existing balances. The following paragraph applies to borrowers In all other states: We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law, Any change in the interest rata will apply to future advances, and at our discretion and subject to any requirements of applicable law, will also apply to unpaid balances. The following paragraph applies to all but Wisconsin borrowers, An increase in the daily periodic rate under a variable interest rate is not considered a change in terms under rho Plan. Ilia can cancel the entire Plan or any part of the Plan at any time. You may cancel the Plan at any time by giving as prior wrtten notice. Your ubiiyation to pay the unpaid balances under the terms of the Plan continues whethar you or the Credit Union cancei the Plan. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN -- We can dolly enforcing any of our rights under this Plan any number of times w'thout losing the ati&tv to exercise our rights later. We can enforce This Plan against your heirs w legal representatives, 4 vie change the terms of the Plan. you ag: a !na will cor:tir}:)e to protect us. CONTINUED EFFECTIVENESS - it any part of this Plan is determined to to wu enforceable, :he rest lost remain in effect. 140TICE TO UTAH BORROWERS - This : ritten agreement is .a frnal orp, the agreement behve n you and the Credit Union. This '&rillerl agrearnon be confrad;c:et! `•y avidence of any oral agreement. rte fotl.1wirV is rejulred by Vermont taw - NOTICE TO CO-SIGNER SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES N THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. Thc`;lh r<fr 1 rrt hs . airing 1 ? , F ripply it ;vu t7ive u;nty to cr:r,r;r°i;tirJn •r.i:h a,r advance under the Ffan.Tt;ey •-ipp.y to frorrw,%er, in all sta yes rxci pt Louisiama. Louisiana borrowers will e.tcca t6 ;, S 1 r .ta Security tfgrcernvilt. rs it) other states mazy also be asked to tar Cu:a it sr?pw.ite security a;t•_ci; ant. THE SECURITY FOR THE PLAN - of ,t ,; knelt,; ,y ! I r•fere5t in al ..rc-p--Oy OF rt. yClit f r+ ,r j rE rlf%f ! n ref r fJ rr ? receive for an r +v tr-r, (ino I? r r r C t (..:c r +? } c yr r rr ? r ail } "F .015 r-vrt5 vita t" a f- n i c: ;t C .1 l :? r - ? t a ,c1 1 } ;,fill rty c i v or In the , ur>. T! ,:o ccJ 1 f ,,,r 1e, s 1 prep ,y 'llrh y U ;;uy .,h ri ill days t n- Art ant., e'Y i-n/ f,A Ef} it aft LiliS ? or refinaric',nr ct the Add nrwe it i e t u , na f n „py n u :rn rq the property or from, insuramn:c you hawr -1)n tra t' rpr,r.y, if the rare. or inn r,ropart'f he i ueciires you prarrr e to give us more trope; ty :a Security J as-E-1 to r;o so. ;a ( WHATTHE SECURITY INTEREST COMIS CROSS COLLATERAL PROVISIONS - The security interest secures the Advance described :n the roceipt, vo,fci-:er or any in other document you receive at the Erne cif *,tie Adi anco :rnd any exc ensinrts• rc nevfais ur or rafinancngs of the AClvanre. It also secures any other advances you have now he or receive in the future under the Plan and any other amounts or loans, e including any credit card loan, you owe us for any reason now or in the future, by except any loan secured by your principal residence. if the property is househt?d s goods as defined by the Federal Trada Commission Credit Practices Rule, :he , 5 property will secure only the Advance and riot other arnouws you o'we'. d OWNERSHIP OF THE PROPERTY - You promise th:al you own all property you s give as security or it the Advance is to buy the property, you promise you will use u the Advance for that purpose. You promise that no one else has any interest in or if claim against the property that you have nor already told us about. You promise not to sell or lease the property or to use it as security for a loan with another creditor I until the Advance is repaid. You promise you will allow no other secutity interest or lien to attach to the property either by your actions or fay operation of taw. PROPERTY INSURANCE, TAXES AND FEES - You must maintain property insurance on all property that you give as security under the Flan, You may purchase I d the property insurance from anyone you choose who is acceptable to the Credit , e Union. The amount and coverage of the property insurance must be acceptable to us. You may provide the property insurance through a policy you already have, or t through a policy you get and pay for. You promise to make the insurance policy payable to us and to deliver the policy or proof of coverage to us if asked to do so d It you cancel your insurance and got a refund, we have a right to the refund. if the property is lost or damaged, we can use the insurance settlement to repair the property or apply it towards what you owe. You authorize us to endorse any draft or check which may be payable to you in order for us to collect any refund or benefits duo under your insurance policy. You also promise to pay all taxes and fees (like registration fees) due on the proporty. I If you do not pay the taxes or fees on the property vrhon due or keep it insured, we may pay these obligations, but we are net required to do so. Any money we spend for taxes, I fees or insurance will be added to the unpaid balarle:e of the advance and you will pay III interest on those amounts at the same rate you agreed to pay on the advance. We may I receive payments in connection with the insurance from a company which provides the + insurance. We may monitor our loans for the purpose of determining whether you and other borrowers have complied with the insurance requirements of our loan agreements or may engage others to do so. The insurance charge added to an advance may include (t) the insurance company's payments to US and (2) the cost of determining compliance with the insurance requirements, It we add amounts for taxes, fees or insurance to the unpaid balance of an advance, we may increase your payments to pay the amount added within the term of thiknsuranre or approximate term of the advance. INSURANCE NOTICE - If you do not purchase the required property insurance, the insurance we may purchase and charge you for will cover only our infoi est in the j property, The premium for this insurance may be higher because the insurance I company may have given us the right to purchase insurance after uninsured collateral is lost or damaged. The insurance will not be liability insurance and will not satisfy any state financial responsibility or no fault laws. PROTECTING THE SECURITY INTEREST - if your state Issues a title for the i property, you promise to have our se9curityinterest shown on the title, vVe may have to file what is called a financing statement to protect our security interest from the 1 claims of others. If asked to do so, you promise to sign a financing statement. You also promise to do whatever else we think is necessary to protect our security interest in the property. You promise to pay all costs, including but not limited to any attorney fees, vie incur in protecting our security interest and rights in the property, to the extent permitted by applicable law, USE OF PROPERTY - Until the Advance has teen paid off, you promise you will: (1) Use the property carefully and keep it in good repair (2) Obtain our wrtten ` permission before making major changoS to the properly or changing the a•;taross 1 where the properly is kept, (3) Inform us in writing before changing yo,;r address. (4) Allow us to inspect the property. 15) Prorr,ptiy notify us it the property is damtaacd, i stolen or abused. (o) Not use the prooeny for any uniautul purpose. (7) Ne-4 to retii!e properly in another state v.'ithout :tilting us. j RTH DAKOTA BORROWERS PURCFIAS114G A l`AOTOR VEHICLE R VEHICLE. IN rH!S TRANSACTION F XY' BE ` UBiECT TO 1 MAY HAVE TO PAY THE OIFi?ERENCE. ? R120NA OWNERS OF PROPERTY - It is rota:vhft for ynu In fail J. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE. NTS DUE TO THE SECURED PARTY ARE flor RECEIVED IN 1 Vehicle '•,'Lat ;5 9t:ujecl t0 a ?ocCn: j interest, wf!hin thirty days ufiot d notice of defaull. The n;ticc y:ill be .r:aife!? to the ar1dress 'yo!% e5pcr.sib:1'ty to notify us if yo:,r address cf}?-.ges The r-.ax'mu;r of f;Illu !o ,...,. ,. 3 rr}C!C:c%h. ?!e !5 Y-e •r:;3r irry `,SOn 36.• ':r 3 t l..n Pia,} , NOTICE TO NO by a court - THE MOTO REPOSSESSiOI AND ALL AMOU ess!on ct j THAT SALE, YOU t may not NOTICE FOR A -YOUR ' l0 return a motor you have receive LIABLE gave us. It is your OT PAY, i penalty for untold fine of S 1 t?X?i - ? tic r rr l '?E may ? T? tx,'tw:rrti- ??..; car 1u'(4r: 1„.r-.r, 1?yL r .,,E.. - *,?? {y .k}4 it t r {??^'• ^w -'3jjg?,?t f"i. Y '7 ,:2 L ?ailff rlS?'1 Lie ^` S: tJt1 i5 F ```S'`` } d f 9 fin T ^ '? r w. rcn?" 4}te•.t 1?:!«4?.J1 ..'i I: lw rwlfi( G . ri ., - vc, '01"!FY U iN CASE 01 ERRO S. S C; [I C"L)E S :._..:d a. 'u ^r ; „ S l"lGf I ."t ti S Otl f YCUri '; ! 1 r c r i 7 r3?r?a'?tar c, !hj :._,ri:a:! t; q.:'•r : J rc.i „.c,.__ `ay Inc, i.,:.,5 ,{ n r t n . -t sr r ;r ih J 'as it .c• fill; that r n ado a r , r t t %V,11 ,etJ not ha ,`) r lr c - r r. i l are 1 n r. t y j n r! r I tilt .lays f .ante C^arJ s !,e l la a l r V r, .tilt f4in E r yd ;ir.,:ea c,u v te'.9 (no yr r j N''a?rlt t'. r.i :ho tl, rrr or pr;lt;(em m;:Y have t0 t3 f'nrnt:A Gh: -.r r a ' ? r rr 9 , I . t lo , Up c i y r ,,p. urc t r .,• i r" rf :, i ;p , r r r i r r r, .z&.f try { c , s n arc r p:,ymr &-, on tr r ,;l nr I cm .(:.t. 41 i t r , a. e rid s, :o ;or i ?,:.!cnlsnt Fa Wj.A 'a ll y us -;:?y -o ?r:ter :._G ,rI nCe Cf 8n f??:ibf ? r!t/ %o ? 0 tf-r r,loun- , ,:1 O.re..rn-_, ,l'.e datcet !hat , i 1::.c 11 ,r t It or ur m .rt ) rr ary s.cfn rof or ii,crnp-1lrv on your auCO.rt.i Il l ou'-, I to __ a tf a -1mount that Think f 1 :e r:,af C p " vrt r`cyu as+;e;:'i ' n !u u as s' t r, as !'• ro can us. but t;E ;r:3 so will ^a! Ho-..ever, f ;tv explanation dries nor;,it' ;y you rind yuu •r.nte to us within tsri s . E' L'r `ve y'wr gfit3. ?i - teLnu us that you still refuse to pay, We rn ;t fell anyone :ao •epo'1 you to 'h t you i your let c.r, ! ;ve us th loP4hin(t ulfunnation: hire a question about your statement..= And, wo iru,t Ft! you the narna of ary ca '{our name and account number. 1 vm reported you to. YYe roust tell anyone re report yc:r to ;ft_ll the matter has been 'hE dell !r armeun; of the suspected error. t settled between us r h nn it f41aliv is. ' DosCriba the error and explain, if you can, v:hy you believe Iltere is an ei ror. I If Vie don't to!fow, those ruie5. We can't Collect f'i.,3 t'rSl SSO of the questir.,r'ed amount, even if your walement was correct. If you need more intorrnation, drier:he the item yoo .are riot sure about if you have authorized its to pay a credit care account autornaticafly from your share 1 SPECIAL RULE FOR CREDIT CARD PURCHASES - If you have a problem with 1 account or chackin3 aCCOUni. ou can step the payment on any think is the duality of property or services that you purchased with a credit card, and you Y p`Y y [you i have tried in good faith to correct the proble:rn With !]-.a merchant, you may have the f v:ropy. To stop the p2yrr.;;nt your ftier must mach us three business days before the right not to pay the remaining amount clue on the r lerb or services. There are two +ll automatic payment is scheduled to occur, I ;imitations on this right: (a) You must have made the purchase in your home stale or, I YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR if not within your home state, wohin 100 miles of your current rna!fin address; and WRITTEN NOTICE - Wo must acknowledge your letter within 30 days, unless we I (b) The purchase price must have been more than 550. g I ,iave corrected the error by then. Within 90 days, we must either correct the error or I These fimitaaons do not apply if vie own or operate the merchant, or ,f we rna:led j explain why we believe the statement was correct. YOU the advartisernent for the property or services. j In this Agreement, the words you and your means each and all of those who apply for the card or who signs this Agreement. Card means the Visa Credit Card and any duplicates and renewals we issue. Account means your Visa Credit Card Lire of Credit account with us. We, us, and ours means this Credit Union, 1, RESPONSiBiLfTY -If we issue you a card, you agree to repay all debts and the Finance Charge arising from the use of the card and the card account. For example, you are responsible for charges made by yourself, your spouse and minor children. You are also responsible for charges made by anyone else to whom you give the card, and this responsibility continues until the card is recovered. You cannot disclaim responsibility by notifying us. but we will close the account for new transactions if you o request and return all cards. 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 direct you or one of the other persons responsible to pay the account. I The cards remain our property and you must recover alid surrender to us all cards j upon our request and upon termination of this Agreement, 2. LOST CARD NOTIFICATION - If you believe the card has been lost or stolen, you will immediately call the Credit Union at (717) 234-9484 or (800) 237-7328. After hours call (800) 556-5678. 3. LIABILITY FOR UNAUTHORIZED USE -You agree to notify us immediately, orally or in writing of the loss, theft or unauthorized use of your Credit Card. You may be liable for the unauthorized use of your Credit Card. You will not be liable for unauftrfzed use j that occurs after you notify is of the loss, theft, or passible unauthorized use. You will have no liability for unauthorized purchases made wilb your Credit Card, unless you are grossly negligent in the handling of your Card. In any case. your liability will not exceed $50. 4. CREDIT LINE - If we approve your application, we will establish a self- replenishing Line of Credit for you and notify you of its amount when we issue the card. You agree not to tat the account balance exceed this approved Credit Line. Each payment you make on tt•:e account will restore your Credit Line. by the-amount •p(_the payment which is applied to the principal. You may request an increase in your Credit Line only by w itten application to us, which must be approved by our credit committee or loan officer. By giving you written notice we may reduce your Credit Line from time to time, or with good cause, revoke your card and tarminate this Agreement. Goad cause includes your failure to comply with this Agreement or any other agreement with ! us, or our adverse reevaluation of your creditworthiness. You may also terminate this i Agreement at any time, but termination by either of us does not affect your obligation to pay the account balance. 5. CREDIT INFORMATION -You authorize us to investigate your credit standing .when opening, renewing or rn'iewmg your account, and you authorise us to disclose tnformatiorl regarding your a,;count to credit bureaus and other creditors :oho inquiry 61 us about your credit standing. 6. MONTHLY PAYMENT - Wo will mad y;>tl a sta eirent every rron n shaving your i'rcavr.nus Bala,^ces of purchases and cash amtzinoes, the current transactions on your a,:=,ant. e remaimng c--edit available under you Credit tine, the New L?alarces of lu,crases an j cash adva-rces, the T,rtat Nev., Ba!arice, the Finance Cha.,ge o e !o date, ire! :_ny der brie fc-es, u,c{ ;na f:fir.:rnum P3yrnenl ; eGuirad. Eve,-; month you must pay _it lea<:t trio t Lmmumt Payrn.ant vAhin 25 days of voor Statenlcnf clos ng date. By separ.-it, ;ree:ment yo:, miry nuinori:e us to charga the mirirfiurm payrn-ont a:Jtc,rm itically to your ,hare or c u-error,, acc;,r:n! with us. You may, of course, pay more frequently, pay more then me t: r,;nlum Payment, or ray the T -;a1 New Balboa in Iu;t, ar you wi1! redi;c;a 'he SnanC t heir, j, r dc; t c :g so If, y _.E.rmonth[, pa;-ront EKE-ids fine In'et c.>. e rr:1 rimy ha'ttnCd ,iwc,l.:.e wlil ;:,terr,<_::Ca!!y pct tine; cied.t eO )attar SI sharas. The iron:r: um ,ayrnent wlfi a (a! 2"r, o' your Tot,-,! N'ew Balance, ra.Jn: ed up to the ex' avtm cr ici ?20.00. .tin E,h_:3r is BatCr. in avJ,-: n, at any t me your Tita ?fC?e-J3 J - C -_--di! Lr,-3, yam , S1 S . fie Jiately aai It f, excesi ui'o:l o:N demand. We will apply payments in the following manner: first to previous late fees, then to previous cash advances finance charges, thon to previous purchase finance charges, then to current late fees, then to previous rash advance balances, then to previots purchase balances in the order 'hat they were posted to your account, then to current rush advance balances, and then to current purchase balances. 7. FINANCE CHARGES - You can avoid the Finance Charge on purchases by paying the full amount of the New Balance of Purchases each month within 25 days of your statement closing date. Otherwise, the New Balance of Purchases, and the subsequent purchases from the date they are posted to your account, will be subject l to Finance Charge. Cash advances are always subject to Finance Charge from the 11 date they are posted to your account. Purchases: We calculate your finance charge by multiplying the average adjusted daily balance (see explanation below), including new purchases, for the billing cycle by the monthly periodic purchase rate and corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum. Cash Advances: We calculate your !finance charge on cash advances oy multiplying the average adjusted daily balance (see explanation below) for cash advances during the billing cycle by the monthly periodic advance rate and corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum. Balance Computation Method Average Daily Balance for Purchases - The Average Daily Balance for Purchase Transactions is calculated by adding the Daily Balances (Purchase Transaction) for i each day in the billing cycle, and then dividing by the number of days in the billing cycle. To calculate the Daily Balance for purchases each day, we take the following steps: We take the outstanding balance (all amounts you owe) at the start of the day. Then, in the sequence in which amounts are posted to your account, we add the j amounts of all dobits and subtract the amounts of all credits or payments which post l' to your account that day. After applying payments and credits, we subtract the i amount of any unpaid Finance Charges or Late Charges. Then we also subtf-acl the i amount of any Cash Advance transactions that posted to your account on that day or ' in any previous day In the !riling cycle. This gives us the Daily Balance for purchases. Average Daily £kVance for Cash Advances - Cash Advance Transactions which are posted to your account are not included in the Average Daily Balance calculation for l purchases, and are therefore riot subject to the monthly periodic rate for purchases. 'The ' Average Daily Balance is calculated separately for Cash Advances and is subject to the Cash Advance Monthly Periodic Pate. The Average Daily Balance for Cash Transactions is calculated by adding the Dai!y Balances (Cash Transaction) for each day in the billing cycle, and then dividing by the nun tber of clays in the biting cyGa. To catcu!ato tho Daily Balance for cash each day, vie take the following steps: vie take 1, ho outstanding balance (all amour ,s you owe) at the start of the clay. Then, in the sequence in which anloofils j are posted to your account, we add trio am'')ures of 2(1 Cebft ?.,(s arid Subtraia the arnounis . of ail credits or payments which pos,l to vcur account that day Aber applying payments and credits, ve subtract tine amount cif any unpaid Finance Charges or Late Cha:ges. Thin vie also s;:blract the :imourf cf ary Purchssa Transactions that posted to your account on that day or in any previous raiy it the bil ing cycle. This gives its 'he Cal!y Balance for Cash Advance Trlnsami,:rs. Note: Cash Advances are always subject to , finance charges and from the day they are ,-OSted to your account. Payrnents are ap,,Aer.l in ,no taforxng man "r, lira 'o re:!OC+S !ate foes then to preViOUS, .-:ash advances finance CI13!^ii5 then to GtiS purcrase final Ce charges, then to +:urr _•nt `r ;.i fees, on :, pry notcfa i - &.-,into balances, ih )r to p.revous ,:,rcha,? baton;. _ iii r e eri!er rhea'^ey .volt p<istsJ to your a::CCUI t, tiwn to ac:v?ra rash a_tvance balances, antl tt,en , c_rrt:nr ptlrcha e :,atacces Cre:i:ls ara cap ;'tied first u' Inc part cu!ar typ of c h! ,h cri s'. if any. ::rid !lair. to the cala-)Ce ("f yo„r account. _ Ci-ocit C_trd Agre,emer•t and frr.th In Lo,-,ding p;sr.!r15l!`+ (C??frUnfred) . (, ., ,t _ r ?t .:. _ .... ?.,,i3 ? _ .•,....:li-: .'!' , !. I? . lorries .:1 ... _ti , °nl J. D;:--FAULT Yr., ;;uf G3 . 1•! Jr,'.. J f•:;;?£ any p: irlnr ,:n F?' i-t: ,t _Sln? :rata You n-X)o.1?• ...r-,5 - r..r VItfr •ta'J Wia"(1 ti` .rt,.t,G.m p<.yr.,r,! duo :f yo vi-_-a loan is in tfr.'sult ''on ..cc tutu..! .,._ rr spend ynur :tT 6A ?.:rd -J. cess if yl,,ur Vizm payrntir!l ctltii for n r---nod exr_ee!i!na 0 dais ' u d:.il .- ' in dc.fa ult it your .,b,.i!y !o y t. :s rnatar!aily reduceo by a chant a n your empto}'ny.^nr. an inrrea •9 in yosir ,! a,,,inn.; C8.^. <'lt'r!C f Q: in3?iYea;_y nrprand!`irjS involving you. your cieRih or Jeri ).rife !J itch ny this Ag•eernant, cr if the value of our security interest m:,teriafly de,d!nc s. ;Ile have i" right to demand immediate payment of your full account or alanco if you default, subject to cur giving yo:J any notice required by la•:r. To th£ extent pormilted by law, you ;•:ill also ba required to pay our collection expenses, irr-fU ding court costs and reasonab e attorney fees. 9. USING THE CARD - To make a purchase or cash advance, there are tr.o alternative procedures to be followed. One is for you to present the card to a varticipating Visa plan merchant, or another financial institution, and sign the sales or cash advance draft which will be imprinted with your card. The tither is to complete tn=> lransaction Lry using your Perscnal Identification Number (PIN) in conjunction with tree card n an Automated Teller Machine or other typo of electronic terminal that provides access to the Visa systertt. You agree that you will not use your card for any transaction that is illegal under applicable federal, state, or local law. The monthly statement will identity the merchant, electronic terminal or financial institution at which transactions were made, but sale, cash advance, credit or other slips cannot !,e returned with the statement. You will retain a copy of such slips furnished at the time of the transaction in order to verify the monthly statement. The Credit Union may make a reasonable charge for photocopies of slips you may request. 10. OVERDRAFT OPTION - If you elect to overdraft to your PSECU Visa Credit ' Card, that election is subject to the existing credit limit and the agreement it represents and the current loan policy at the time of the overdraft. You also understand that an overdraft will be considered the same as a cash advance on your PSECU Visa Credit Card and that the current Annual Percentage Rate for cash advances will apply. 11. RETURNS AND ADJUSTMENTS - Merchants and others who honor the card may give credit for returns and adjustments, and they will do so by sending Us a credit slip which we will post to your Visa line of credit. If your credit and payments exceed what you owe us, we will automatically post the excess credit balance to your Si Shares within 75 days. it the balance is one dollar or more, upon your written request, we will refund the credit balance to you. 12, FOREIGN TRANSACTIONS - The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receves, or a government-mandated rate in effect for the applicable central processing date, in each instance, an adjustment may be assessed based on the ISA fee imposed by Visa. This fee, which totals I% of the transaction amount, win be assessed on all transactions whore the merchant country differs from the country of the card issuer. 13, SPECIAL RULES FOR VISA PURCHASES - If you disagree or find an enor with a Visa transaction, and have tried in good faith to correct the problem with the rrr:rchJ;: (:. !!Ir, ::i ;S _ t`l: r•: , t ! :r r,as crest.., 1.1, DISPUTED TRANSACTION,'; -- ',: . , c (J !r) n _.: , .,,thin iii d:;y:, sloe ,,rtE_ cn .., ir, :. :•ra :.iu:rc°n : , Cr'f.r yr rnti!;':,.n f r=t :c?t,..e':J r ;aru rg -. -y ,' ?. _ •;r, 3r iii,.?r t: ,rzc1 ?..,,._.?_•r, con your -..17COu"4 ! . ~G^..rir'; PSE' I1 ..1 , c5• ' :_;.f d: , 1::' rrr,s ,S f::::f t may b,? 'e.ore", to pro ,1:40 !:'i ;J01 a tuition, you ;nay "De requ.reel !J a ,,!•.r •tar•a ar,,.i;..; form t:,,.:rr,r_t tip, details (if yGJr di6,puvi. In cdsu5 u:f 'racCid, :rot Fiat us ,3. f SECU west FifSo rr:gzjr,e a notarized aff::laviL in scirnC cos+:_..,e may .Sr, you !!Inr.!ity tnr r'ra rl'trfrost ' 11 vie do not rt:ce.'.-e tale Proper requested in the lino may be held reapons;b!c for the :ransactionrs) in t; stir n. PSECU !rust adhiwe :o :;tricot dispute timeframas set tarts by t/is;r. 15. SECURITY INTEREST -- To 5eCU:e your account, you grand us a purchase I money security interest under the Uniform CraImerciai Code in any gocds you 1 purchase thro!,rgh the account. If you dofnult, f;o writ have the right to recovr,r ;iny,f i these goods which ova have nit been paid for through our application of rcfur payments in the rronner dcrscribrd :n the Monthly Payment section. With respect to this account only, .ve will not assert .any statutory right •f'a may have if you are ;n r I default to prevent withdrawal cl your unpledged credit union shares (Deposits) below the unpaid balance of your account. However, if you gwe or have given us a ! specific pledge of your credit union shares (Deposits) by signing the Pledge of Shares or olhonvise, or any other security interests for all your debts, your account will be secured by your pledged shares (Deposits) and by the property described in r those other security agreements, except for your home. 16. EFFECT OF AGREEMENT - This Agreement is the contract which applies to j all transactions on your account even though the Sates, cash advance, credit er i other slips you sign or receive may contain different farms. We may amend the i Agreement from time to time by sending you the advance written notice required) by law. Your use of the card thereafter witl indicate your agreement to the amendments. ! To the extent the law permits, and we indicate in our nice, amendments will apply f to your existing account balance as %-.left as to future transactions. 17. LATE PAYMENT CHARGE - If yoU Minimum Payment is riot received by the first day of the month following your due date, you will be subject to a $20 charge. 18. RUSH FEES --You. may incur additional charges for rush processing and rush delivery of cards and•'or PIN mailer. 19, OVER LIMIT FEE -A $20 fee Will be applied for each monthly statement closing date on which the outstandiryj balance exceeds the assigned credit limit by more than S 100. 20. DRAFT COPIES -- You may incur an additional charge for transaction summary/sate draft documentation. 21. COPY RECEIVED -You acknowledge receipt of a copy of this Agreement. ! 22. ILLEGAL TRANSACTIONS PROHIBITED - You agree that you will not use your card for any transaction that is illegal under applicat a federal, state, or local law, j 23. NO USE -- Inactive Visa accounts that have no purchase or cash activity may j be closed without notice to you after IS months of no activity 24, NEURAL NETWORK - PSECU uses neural network systems to predict and prevent unauthorized transactions. There may be occasions when a transaction is declined because it is indicative of possible fraudulent activity. ATi'J CARD CARDHOLDER AGREEMENT - The Undersigned (you Or your), in in [his Agreement shall be subject to the riles and regulations of each account consideration of THE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION (we, our which is accessed by such Card. i and us) issuing to you an ATM CARD, hereby agree to be legally bound by the following 2, USE OF PERSONAL IDENTIFICATION NUMBER ("PIN") WITH ATM CARD terms and conditions. You agree that the use of your ATM card(s) constitutes acceptarice You understand that a STAR SYSTEMS or a PLUS SYSTEM ATM is an automated i of the temps arid conditions of this Agreement. You un lertstand that ATM is a credit-related totter. It can and will perform many of the same tasks as a human toper. You j service and you authorize PSECU to obtain a credit report on any users of this account. acknowledge that the Personal Identification Number or PIN which you use with the 1, ACCOUNTS AND USES OF ATM CARD -YOU have the account(s) (including ATM CARD is your signature, identifies the bearer of the Card to the STAR SYSTEMS Checking and Regular Shares), which ':re set forth on your application form with this ATM, PLUS SYSTEM ATM, or other network ATM and authenticates and validates the Agreement. You hereby request that we issue to you one or more ATM CARD(s) to directions given just as your actual signature and other proof identify you and i be used in connection with such accounts as described in this Agreement. ? authenticate and validate your directions to a human teller. You also understand that I You understand you may use the ATM CARO at a STAR SYSTEM-SC? ATM to (1) a Merchant which accepts the ATM CARD for a Purchase transaction may have an withdraw cash !rum, (2) make or arrange for deposits in, (3) effect transfers to or from i electronic terminal (Merchant operated or Soll•Service) which requires the use of your your acoo;.nt, (Il receives ;role.=motion regarding the balance in your acc I ni(s) cr (5) f PIN and when your PIN is used at a Mercnant's terminal, it will authenticate and rake rash advances from your credit account(s) in the amounts you request. You may validate the directions given just as your actual signature Will authenticate and validate also use automated lef!er machines th oughout the United States and in corafn I your directions given to us. You acknowledge that your PIN is an identification code ! ioreian countries watch bear the PLUS SYSTEMO name and logo (1) to make ' that is personal and confidential and that :he use cf the PIN with the ATM CARD is a ii4hdiaiv is frcm, (2) eBact transfers to or from, (3) receive inforrna'.ion regarding the security devise for your account(s). Thorefore, YOU AGREE TO TAKE ALL b<Y,ances in your C?ecking or Regular Shares. It you have a Personal Servrca Loart REASONABLE PRECAUTIONS THAT NO ONE ELSE LEARNSYOUR PIN. approved and In place, you may a.!s:o make a cash jdvance from your PSL.luu twitter 3. LIABILITY FOR l1NAUTHORIZEDTRANSACTIOt4S - You agrees to contact us Jndarstan d you (nay use the ATM CARD to purchases goods and services at onto it you believe the ATM CARD(s) issued to cu or P!N has been lost or s:o!en Purchases") at arty retail establishment ('Merchant') where NftA CARDS are ( or money is missing from your account(s). Ycu also agrees that it your ,rontnry amepted by such t..tefehant. If you use the ATM CARD to make a Purchase to obtain j statement Shows vansarni{ins '.i(Nch y0U cliff not rnErli$, ar!d you do nr_%1 con!:,Ct us ruts 1f petm,:sed by the kleichant, YOU shall be requesting us to wrthdmw funds m :ha j vrithin SO days alter !toe statement rids :natlerl to y7!}, you may sot get any money arro_i nt of such Purchase (including any cash received frorn the Merchant) from , your i lost a', ,er that time.,fCU AGREE THAT IF Y013. GIVE `SOUR ATiA CARD(s) ana PIN Chec*:iny Shares and d rectinl or or:iorirg to io pay such lints to ilia t.".enchant. I TO SOMEONE ELSE TO USE YOU ARE AUTHO;iIZING f-HEhf TO ACT CN YOUR Yc•u req_; st th--t w$ will pros ide to you such oche: services or access to oiler ATM j BEHALF AND YOU WILL EE RESPCNS 5t, L= FOR NY USE OF THE CARD,,) BY iys!e:nts Jr r?E:7:Cfs t Srrty 11 .9 Arm CAnD v.-mcn, .tie "lay later rn {£ a aaIaUe § Id ? T HEfrf. YOU coulc lose ail your r71CinE.y in the i...coi!)7'5) :f YOU take no action it, notify e.h,cn ei;o dvr .+ y":,_, are eHered rn cont. -anon with your accountfs) set 10.,111, en c•!:, PSECU of !tte :US:; cf ! t C1f?;) or PIN P:r - ? ? Y ' your iii 1 r t):I-,f .J rru:lY : )Pv cation fofnt. Ybu also J':'!ors::rind ,`rift Irom pate to !Irre _sou .'.ay =;qt c. ct run ! fdant:fi^dfi..'t N,,r;,!]br (Pti•l). DO ^r,: r}!f:.;, (i rot. of, f+-rsOn?D:) rt , ;.. r_vide, ;aeJC-ss !0 :W RU' ,Ji aeer,,ii.ts of ours thr , ,,n nut .ir ! r PlN on );!r Aif (.;r., (, -'•i =S?-. n) r z«r a caofyi,ur?iN r;'tr CAPD ,.t. ,<., r>o.;ed to yc: '.p '3grea t' ,a, [.> if th; AT.".'. CORD ; f-s:tije, it j yo.ar A! U. C. RTI U.r (A a . !N ..1_,t s tM3,:v e .._.._ --- -- - - ----------- /cartir•uts„1 p,? r ,r,.::, ;r;, c .'}C-. ..... .. .n .... ?., ' .. ., :r:t.a ., .. .!.:'t .:. f'.U 13.1.(6 0i3 .. ".t 1. .?tf : i ? . 'r, .. .. ... .. ; _ .'!.1, .!..,. !` .. , ..r J . _.. ii<) ri..!.. ,.1. •'A 1 "i (,C.- ?sl _ .) CH 1RG:S q c-!c, a',. r•i _'tt:: , I; r ..<;r..h e:. ., .. r %?a:'0 .r rn. ;:i}0 o.rn. 1.1 r r :;,. ,rt ...J, r<. n DD :Ot 17 t ?/ sb ! .. r i + .,r ;-, ,t (,r :r, <.a.;:rca ! re v',0-1ri-_ .%,ai) '1:.;t is ' , an $20. iii :/) 177-2 100 n Hnrri !,ufq ,u - r '0 ;1r ,y : 2i C + : 'h °: e .;n CL- h balance rt to ry. `frw rr.ay .. Ur a of yo 4, FINANCIAL INSTITUTION'S BUSINESS DAY ° - S Lt / ; 5'r, t m a 1-. to e a r,t!r 3rro alt t.?..rt:nr ' < r r la ur ' ATM, ACH and SST - f, S:-f iJ S Pt.=..r;ios= Days s'e MI--day thr.?-r'; t Fri,.ttty 4. t i Can.,,d ,c, I r.,,, n.i ,,.fiat ,td ct3 ankiclInc (ATV,). Yu at:s: , Holidays 'nutin teed. Pi!,; !h.? Or t- 'f S ;.,N (-,h wh:arged by us `r:t t - orvi s ,r for stir cos ..: cr mar ur tie et+,mcl tea:n `ocs •-,f cf , gos alas , e i npese,j 5. TYPES OF ELECTRONIC TRANSFERS A CONSUMER iAAY MAKE -- ?r charged Nor t,rn;t to tr a. ATM - Balance inquires on cherking, savings atnd PSL; gat?trlra4:ais lrvm 5. DEPOSITS - You area ihsti rhen you make a deposil at a S TAR SYSTEMS . g p Chf,+Gkin. %S:.i'd'nd S; cash novance from PSL; deposit, to chockir:aisavings: M:h,it %ve have the light to verity the deposit before ve make tt- money available ' panel asa goods and iorv,ces at any accepting retail estatblishment. 3 you. if you i eliver ca;), chocks or ofner items :o a STAR S'r STF!•aS. ATM, YOU ACH - Preauthorized debits and credits to chocking and savings, understand and acknowledge that the funds itorn your deposit may not be available i SST - Balance inquires rand trans action histories of) all share, certificate and for im; sedate :<. hdra,vai and that the avai•,ability of your deposit shall depend on our ! ioan accounts; transfers Ircm any share to another share or loan account from ! rules and regulation3 regarding the particular account in which you are making a your PSL to any share or loan accOlutt; .yithdrawais from any :;hare except deposit, the items that you are depositing and whether the deposit is made at a iF3A shares or certificates. STAR SYSTEMS ATM that is tav:ned by its or another financial institution. You also ; 6. ANY CHARGES FOR ELECTRONIC FUNDS TRANSFERS OR FOR THE j understand and acknowledge that not all STAR SYSTEMS ATI0,R may accept RI GHT TO MAKE TRANSFERS - ? deposits and some STAR SYSTEMS AIMS may limit the amount of funds which ATM - Fifty cents for each disbursernent (cash advance or withdrawal) less may be deposited and that we may not control those limits. j than $20: fifty cents for each transaction over 15 per month; 25 cent for each 6. LIABILITY - It the ATM CARD is issued for a joint account, you agree to be balance inquiry; and there may be an additional charge for any adjustmtont jointly and saveraliy liable under the terns of this Agreement and the agreement for that needs to be made to the account of any member who makes an error such account. You agree that It you make deposits or payments to your account(s) ; while depositing at an Automa!ed Teller machine (ATM), with 'toms ether than cash (checks, drafts or other items) and we make funds ! ACH - $30 service charge for insufficient funds for each eloctronic transfer. available to you from such deposits prior to their collection, you agree that we may j deduct the amounts of such funds from your account(s) which are not collected or, ` ' 55T -none if (he funds in your account(s) are insufficient at such time, you will promptly pay to 7• SUMMARY OF CONSUMER'S RIGHT TO RECEIVE DOCUMENTATION OF us any amount of slrch funds which are riot collected. EFTS - 7, AMENDMENT OF THIS AGREEMENT -- You agree that from time to time we j ATM - You are entitled to recen:e a printed receipt at the time of each may amend or change the terms of this agreement including amendments or i transaction. You will receive a monthly statement showing the status of your charges to add further .ATM CARD services or to amend or change the charges for account, any transactions made during the month, and any penalties or these services. We may do so by notifying you in writing of such amendments or I charges PSECid may impose during the month. I chai9es and your use of the ATM CARD after the effective date of any such ' ACH and SST -- You will receive a monthly statement showing the status of amendment or change shall constitute your acceptance of and agreement to such I your account, any transactions made during the month, and any penalties or amendment or change. charges PSECU may impose during the month. 8. OWNERSHIP - You agree that the ATM CARD is our property and you will If you have arranged to have a direct deposit made to your account at least I surrender it to us upon our request. You agree that the ATM CARD is non- j once every 60 days from the same person or company, you can call us at { Iransterab(e. i (800) 237.7326 to find out whether or not the deposit has been made. 19, DISCLOSURES -- You hereby acknowledge receipt of the disclosure statement 8. STOP PAYMENT RIGHTS - PRE-AUTHORIZED TRANSFERS - informinrg you of your rights under the Electronic Funds Transfer Act and a copy of • ATM and SST - Not applicable. i this Agreement. ACH - Right to Stop Payment and Procedures for doing so. It you have told j REGULATION "E" DISCLOSURE us in advance to make regular payments out of your account, you can stop ' any of these payments. Here s how: Call us at (800) 237-7328 (Nationwide) 1, ELECTRONIC CHECK CONVERSION/ELECTRONIC RETURNED CHECK or (717) 234.8484 (Harrisburg) or write us at: Pennsylvania State Employees FEES - !f you pay for something with a check or share draft, you may authorize it Credit Union, Pd Box 67013, Harrisburg, PA 17106.7013, in time for us to j to be converted to an electronic fund transfer. You may also authorize merchants to receive your request three business days or more before the payment is electronir..afly debit your account for returned check fees. You are considered to have ; scheduled to be made. If you call, we may also require you to put your request authorized these electronic hinds transfers if you complete the transaction attar I in writing and get it to us within 14 days after you call. being told (orally or by a notice posted or sent to you) that the transfer may be j ou si n a written authorization rocessed electron all or it ! Notice of Varying Amounts, If these regular payments may vary in amount, g p y . y I the person you are going to pay will tell you, 10 days before each payment, 2. SUMMARY OF CONSUMER LIABILITY - when it will be made and how much it_yrill be. You may ghpose instetidJo get • ATM, ACH and SST -Taft us at once if you believe your card has bear. lost this notice only when the paytrent,vould differ by more than a certain amount or stolen. Telephoning )s the best way to keep your possible losses down. You could from the previous payment, or when the amount would fail outside certain lose al; the money in your account plus your maximum overdraft line of credit. It you limits that you set. believe your card has been lost or stolen, and you tell us within two business days Liabiifty for Faiiture to Stop Payment of Preauthorized 7tarrsfera. If you after you learn of the loss car theft, you can lose no more than $50 if someone used order us to stop one of these payments three business days or more before r, your card without your permission. the transfer is scheduled, and we do not do so, we will be liable for your losses If you do not tell us within hvo business days after you learn of the loss or theft of or damages, unless we request and do not receive written confirmattort of an your card, and we can prove -we could have stopped someone from using your card i oral stop payment within 14 days and the transfer takes place after 14 days. v:ilhout ;our permission it you had told us, you could lose as much as $500. j or you fail to give us proper instructions thal would enable us to place the stop Also, it your statenitlnt shows transfers (hat you did not make. left us al once. If i on the transfer. you do riot tea; us within 60 days after the statement was maned to you. You may j 9. SUMMARY OF THE FINANCIAL INSTITUTION'S FAILURE TO MAKE OR nett get back any ,money you !osr after the 60 days if w,e can prove Ihat we could j STOP CERTAIN TRANSFERS -- have slopped someone from taking the rroney !f you had told us in time. I ATM - If PSECU fails to complete a trwisaction on erne or in the correct if a good reason Such as to long trip of 3 hospital stay kept you !rom teriing us, we ? amount, .vhon properly instructed by you, PSECU will tie liable for damages wiC ex!crd the time periods. ! caused by our failure uniess! (i) there .:art; insufficient !ands it your account to 3. TELEPHONE NUMBER AND ADDRESS TO NOTIFY OF UNAUTHORIZED complete ;he trans!or, (2) the funds in your account are uncollected; (3) the TRANSFERS - funds are subject to legal process; i4) lns: transaction you request v:cuid exre(d • ATM Cunt ct ?SECU at (8U0) 237 '323 EXT 3809 (n tionvrda) or ''t 7) the funds in your account plus any avai!able overdraft prolec,,ion; (5) the STAR 23, 1, t:r• :'- (.r -ia:rr'sbl Alt r h • rs !o icyr the menu options on PSFCt , Sys!ems, LUS system bias inSUf!icieni cz:3h to C3mptbtii !:':e irarcat:li:;r.: [6) vo _ e mail system to . er ore a !ost or stolen card. Flor Visa Crea r or Ceu f )'UUr card has been ti?pv: `.ed !cal of sic:> and you are uslrr3 -he ref:orod card, y; ;, Credit G? s r ', 1 /•e t e s for Lost err ,, r u ,;,oarran under B V:sa f i (7) PSECU nos r? ast.n to i:_ • the a sac'4yi requested is a bE .: that Ir tr r,, t JA nc }t a xi r Lc.'._f;nr Dry ?.'tt cS J cfr J ,..r5 1? re. Jt1 3L'ftlun?ti 1 r )) t%f f t;'! rd i] ?l:C !0 `' C 1J.r}rTl.',^t J.`ec.Fi?'?`A'(i Ih"t )'7u knov: r bout :•ihen you elated the trans: ction ai t^ S I AR Sig:terns, PLUS Sys,urns • A CH rate SST - l'a...._! r EGU at ;zj0^! 2, 7?: , t C• t.nc+, i or r ' 1 , } t9) the; Iaflure •,raS ca•)sso by an act. of Goa, ':t., or other rat -strophe. or sty any '' 1 3 ? ;tit'. "our`11 : thr-r cause beyond control: (10) ii yo:) alr.:r;:2 !o cerrr,lcte a tra„s otter that, . P.t a STAR System' PLUS eint.,r vi&z...t trial is not u C, 0c" mic F_mi:;t,'To s`er ATM _rterrwnl ind ficqurrficn L'.:+c! su•'.. (cUfWn-v4s1) ACH and SSr it ...`._.. :!1 !.i r. ; C:.U`:E:j h; . Jr 3'!f ..:r-:..s.:' i It!nr., sr :• in>:.f..,,nt '-r J., ?n :, ! i _ej , CG'! o,-.!e :: uJ r sfcr. G; funds ;-n y:ur :v! cc,unt .: cT cc,'ecvt:0; ;:;) !na t!r-"13 ;tie sect t ]' c:! ;_rocess: (4) :t•e :r: c!f n you f ac;uest ',oGld excr[nt the %IntIS in /Dti. account ';us :iny .avail,,,.. c. ov,, !rail credit (`) PSECU h,;is rea,?(m t0 t:i-fl;eve that the transacton requr-stod wiauvion ,_d; ;6) t; fA:u,v s caused by an :pct of God. fire, ,r other rate;:rnphe or by another cause beyond control. ir) any r."asa. PSECU shad ce if3hle ;n'ly tIf r:nt,al proven and not cons-Nuential damages if the failure w rr+ake the transaction resulted frcm a bon.. fide .,rror do.sPita PSECU's procedures to avoid such errors. 10. DISCLOSURE TO THIRD PARTIES - • ATM, ACH and SST - PSECU ,vi!l disclose information about yo:x account Eo !bird parties: (1) when it is necessary to complete transactions; i2) !o verify the existence and standing of your account vrith PSECU! upon request of trird parry, such as a credit bureau; (3) to comply with govemmont agency or court orders: (1) in accordance with your wraien permission; (u) to comply with gavernmerit or adminis:r hive agency SUmrnonses, subp0enaS, or court orders; (6) on recerpt of certification from a Federal Agency or department that a reauest for information is in compliance with the Right to Financial Privacy Act of 1978; Regulation P, Privacy of Consumer Financial Informatics; and (7) when it is necessary to take legal action to recover shares. 11. STAR SYSTEMS SERVICES - • ATM Only --You may use your AT ?i CAiaD with your Personal Identification Number iP!N) at STAR SYSTEMs located in Delaware. Maryland. New Jersey and Pennsylvania to conduct any of the following transactions for the l accounts accessed by your ATM CARD. a) Determine the account balance(s) of your Checking your Regular Shares, and your Personal Service Loan (PSL). b) Withdraw cash from your Checking and your Regular Shares. I c) Make a cash advance from your Personal Service Loan (PSL), d) Deposit currency, checks, or drafts (coins are not acceptable) for transmission to PSECU for deposit in your Checking and your Regular Shares. NOTE: There are limited locations in Maryland where deposits may be made. We wish to inform you that some ATMs located in these areas may only provide access to your Checking, your Regular Shares, and your Personal Service Loan. Not ail ATMs may accept deposits. There may also be limits on the amount of funds which you may deposit in certain ATMs. j 12. PLUS SYSTEM' SERVICES - = ATM Only - You may use your ATM CARD with your Personal Identification Number (PIN) at any PLUS SYSTEM automated teller machine (PLUS SYSTEM ATM) located throughout the United States, Puerto Rico, Canada, Great Britain and japan to conduct any of the following transactions on the accounts accessed by your ATM CARD, a) Determine the account balance(s) of your Checking, your Regular Shares, and your Personal Service Loan (PSL), i b) Withdraw cast, from your Checking and your Regular Shares. { C) Make a cash advance from your Personal Service Loan (PSL). NOTE: Deposits are not available through PLUS SYSTEM ATMs, These are the STAR SYSTEMS services currently available through !he PLUS SYSTEM network. Other services may be offered in the future. 13. OTHER ATM NETWORK ACCESS - j ATM Only - From time to time, PSECU may make arrangements with other i ATM networks to grant access to ATM CARDS. PSECU shalt inform you when such arrangements are made and describe the services that are available to i you. Any charges will also be described. 14. PURCHASE TRANSACTIONS - • ATM Only - You may lase the ATIA CARD to purchase goods and serve::es ("Pu!chase") at any retail eslablis!:rnent (" loorchanl') where .ATM CARDS are ! acce,%t d by such Merchant- The arnour:t of all such Purchases will be deducted from your Chackin,3..Vhen you make a Purchase t:s.ng :ho ATM CARD, you wits be rq:.esliri:l PSECU t3 withdraw funds from your Checking in the rr'rourit of the Purchase and r. sec:, rig PSECU to ay these fur•c.. to suet) March,,nt. 15. LIMITATIONS ONTHE USE OF YOUR A.1,11 CARD - • ATM Only - You may vei:. ...:v fop fo S500 per dsv from one or a cc:-'bwi 1t;on of y` ur a::c:ounts by us'n.:} ahifvl CARD r`,rov:dei! the iiinds are a=•Ei,!r-Pte lit ii STAR Sti'S1 cf,!3 or PLUS SYSTEM ;rro. in arJ iticn. you ..lily (i.a, t C-.. ! r. t_t ly r`.1 ?r?,? ! , j',: r. .'?7 L-i :? nl j!•? I. .. f ter. I .?. at 12 F(;' fr .,: . "? ! 'r3 r,! . ,r. ,1 f:' CA' v. ru .. 'I ;i@ d•'n t :d . se ',f ,,, it tf;:k :.3. yr l.rCi'a S8 iirr ft if y'a: ,i') rGt h.' r: J•:rf.r.to fjnid5 rtva,lhhlr ill yo-J, .;c.rount, ao not enter t' - comet Pest:eat !cp:-!!.actrr;n Nu:.loe iPir).;r (-weed iro fr triunity of tisane ::frlitahnn. rhr; provide'.,' by he STAIR SYSTEMS or PLUS SYSTEM, AT f.) or Mofc , trtiirr ins:.vi;l notify you rt ter denial. rheru is a limit c.n ,!,,e rumbe of such e'en is p..::ni?ted Atiernp!s try exceeia the limit :'rill resuit in Macf,;no, retention i-,f our ATM CARD. TheMnker of attempts that rest,lt in rivichir!n reteriti,n is not revea'ed for a(;c_.rity pu.rrost;5 16. ERROR RESOLUTION PROCEDURES - • ATFA, ACH and SST - In rase of er6rs or question:, about your tntn8act ons: Direct inquiries to PSECU at (800) 237.7325 Nationwide, TDD (:if)0} 472- 1967 Nationwide, (717) 777-2100 in Harrisburg, or write PSECU at Pernsvivania State Employees Credit Union, PO. Brix 67013, f lafnshurg, PA 17106.7013, as soon as you can it you think your statement or receipt is wrong, or if you need more information about a transaction listed on the statement or receipt. PSECU must hear from you no latf.r than 60 days after it sent you the first statement cin which the problem or error appeared. You must provide the following infotntation: (a) Ycur name, account number, and ATM CARD number (it a ATtt transaction), or relerence ni.rfnber (if Seif- Serv'ice Telephone Transaction) (b) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it f; an or ror or why you need the information, and, (c:) The driliar amount of this suspected 4rror. 11 you tell PSECU orally, you mull send your complaint or question in writing within 10 business days. PSECU will tell you the results of the investigation within 10 business days for STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE TELEPHONE, or DIRECT DEBIT`CRED17 TRANSACTIONS, or 20 days for STAR SYSTEMS purchase transactions. If we need more time, however, we may take tip to 45 days for STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT TRANSACTIONS or 90 days for STAR SYSTEMS purchase transactions. It PSECU decides to do this, it will recredit your account within 10 business days for the amount you think is in error if it is a STAR SYSTEMS, PLUS SYSTEM, SELF-SERVICE TELEPHONE, or DIRECT DEBIT/CREDIT transaction, or 20 business days it it is a STAR SYSTEMS purchase transaction. You will have the use of the money during the time it takes to complete the investigation. If PSECU does not receive your complaint or question in writing within 10 business days, PSECU may not recredit your account. If PSECU decides there is no error, you will be advised , within three business days after the invw igation is completed. You may ask for copies of the documents PSECU used in the Investigation. If PSECU credits your account while investigating, you must repay those funds if PSECU concludes no error has occurred. 17. ATM SURCHARGE - If you use an ATM that is riot operated by us, you may be charged a fee by the ATM operator and by any national, regional or focal nehvork used in processing the'(ransactton (and you may be charged a tee for a balance inquiry even if you do not complete a fund transfer). The ATM surcharge will be debited from your account if you elect to complete the transaction. Notice To Consumers Using ATM's • Be alert to your surroundings. 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E- c 4 co - c CEO u !_' ]n ' 0 ;P! C. a - ] ='? J _ _x f 000 u)f".0 OOOO.;vP J 000(7 r)r_ OOON(n 7 NO Kr, f-q O.v-t M(O(o •ON.-MM['] r"), MO-S (.n pq) 0v) vN(O r V V v •tr,(*,kn Lo ,ri •r?,- MO W.n -r'CA 0 0P t. Okn MC+4-0001 CO O:P f?r, -Qo r • . . p 1 .? (, r J •; w ( 7(n T •t •t<r KM CiMMM M(')MM?•'JN NNcvNN(v O . c 000000 000006 000000 606060 006000 Loa ; ' V 7 ; _ L J f?OjPO^N (')<r (n ?7f?0J O-lJ^-NMK 7•V f,ooPO (14 CN N (N CA,) 5 9 3 `i -V a Y EXHIBIT "C" l ` Pennsylvania -State Einployees'Credit Union No. 5327400•' Poaa.d7o13 HR .ohwy,PA17/d6-7013 • f717)134a+e4ar(ee0i237.7]7d Al1TODRA? '• . VOID VER'05;000:00!:';' EFERENCE' 8704748964, ,VOID 120 DA/YS7,AAFTER?. - 04127/06x r- . PAY.TUTHE ?'? •r. . 5 ??"VI JO,• ORDER OF IDEALEfl) . •?,d -% ?? ipi ???/•:. ' _ ' • O DOLLARS ' ??'• .•.-- -:. ,_? MEMBER ENDOtI E{AENT?'i? •.••. •Ytt:: J': ..r .•? 7A IMPOflTANTLVdD UNLESS:DEALER Ep1DORSEMENT;COMPLETED .,oDia1Y?4,1IWe agree to thtlatm!-R.Ied an tide •?.i. .. , , I w_V e+ .l ?BY end Q-this ?ul 7 duyefs OrdeifD?:?B?iSNew rid ll.ed Vd:W.?+ndfrrory inva e. Dhshclotiin , lAe.reverae '•?.,? !nus '"AA .'ia MnoDFfiLIi etlv.e lr PSECUg N. +W1oD; I e.0 bir?;ol thaAieft: ?CompMl:t6'tW1lowing iap.ym!nthHamiatton:,'? ?'; ;'1'-v•: 1• !• iinitl:d. tG pe Woiiie preesd..1 tha&wfta 'itWl Oi Pad is tM'9onawer{dr. l- r i :%?. ?'%i '? %t•?•t •; ?' .`. . ar/aarry•endetth.11 w•d-L TN.A.1.Dnft.h -1b•1u•dia patd?+.a TFAM: M•Ihod:O IeT-4,[3p.'mI DWUdm OMonIN7 C-Pan nam+ruetd. rnrtan.IdJ,d.ula.dun..?1mW. .. flood Ee.d wlddu.r1Wel.t tIA-th.l ynpuner: LfN.MNI ON-W«H7 •Os.Frt+Aanwr •. dd•daautd.1h. Wood 111,9- BVA=Pi"'Y UP1Otiae..Yil:. *-ft; Tap .01.4 to '? v • r: r': , Wlamt Gd.deil n. i.rxs ddi. •ii ffieCU PA74 i17.1d7a3eA'.a '? .•; •'•:J"i ',.Pj ;::+:'•' i1 .. 'vn•; :t„? •> j; i.', '• •?;?. -atv-M'n ;rEndorsement• ?• .` 1` D MG ?.;. . Gc.?ei Q (6929 Co-Applicant Endorsement ' • _ ` adaun.wEuu.Ve1' t - 1 .t' 1,1060-APPLICANT'..• 1:2 -1101 p'_53.274001P23.138111f3.1:, .3.10130.Y9 2 1 7K%Le4 tt'OOaL300000Et' -.. .. I _ rnorAl a - Ilk 91 O its. 38 _SItR x m to gg $i Q g 2 }'6_3 xif 3pR gg 593m ~O p;'S7 c. my • q pi a 1: 225 gor 25598 0526136 595 2 a89??r 9n 2391`q om Ila 696 ?1 Y F ?i 41sg R[ SgR;?3 D 9Z 669 0 fiigg;}?3tl?y a 6 . .E..?tf t? 1 gg ° N ? o a ?!g' A g o9 7 si ad ? mo W? V3994?NY=0126 -•`„ z f e r?4:- 1m? 9 -a?t,tlon =ip g: S ..A .A WI!, 3A??3 1 q gla"AD ?_ ?l - l if ;fig gist wg_ ? gg s a 61 all 11.11283RMI Ur 49f KAMM ADVANCE PROCEEDS VOUCHER AND SECURITY AGREEMENT Harrisburg, O., PA Box 87013 17106-7 t Lw on 013 (717) 234-8484 the financial linkTM (800) 237-7328 Pennsylvania State Employees Credit Uni MEMBER NAME' ti ' y:+: ^ ; . ^" ?f1AATF ,:?v ` wr_ ^? 'i. :'ME?A /c?4t? B nws"' _. ?' M r.?-- ? ?v .. ++ ,?, ...'?"?•?• ,.Nori :? ?::?I'<• N ? ANDREW A ANGLE 5/26/2006 .. . . 8704748964/L10 . _ . , . 0005327400 235B HUMMEL AVENUE LEMOYNE, PA 17043-1949 PURPOSE: Dealer Purchase TRANS TYPE ACTION 1. [] NEW LOAN 2 a OPEN-END LOAN ADVANCE 3 [:] ((ESCRIBE ) 4 EQUITYADVANCE V S R?EDIT DISABI YOU HAVE PREVIOUSLY ELECTEO TO HAVE THIS ADVANCE Y WSURED WITH THE FOLWIMN13 COVERAGE SINGLE ?CREDIT' LIFE,- JOINT CREDIT L FEn NO E SI NO LJ L YES ? DAILY PERIODIC RATE (CHANGE IN TERMS ONLY) ANNUAL PER- CENTAGE RATE INTEREST RATE Is AMOUNT REQUESTED + OTHER CHARGES AMOUNT ADVANCED PREVIOUS BALANCE NEW BALANCE .016411 5.990 0 FED El VARIABLE ?, El 13, 000. on. '0• 0.00 - 13,000.00 PAYMENT 251.29 DUE DATE 6125/2006 PAYMENT FREQUENCY Monthly PROJECTED LOAN TERM SECURITY OFFERED IF THIS 15 A HOME EQUITY ADVANCE, THE ONLYSECURITY FOR THIS ADVANCE IS THE REAL PROPERTY pN RM CASES YOUR HOME) WHICH YOU GAVE AS SECURITY WHEN YOUR ACCOUNT WAS ESTABUSHEM IF THIS Is IYOlA HOME EQUITY ADVANCE. IN ADDITION TO THE PLEDGE OF SHARES IN YOUR LOANUNER• CREDIT AGREEMENT, THE FOLLOWING PROPERTY SECURES THIS ADVANCE. ITEM PROPERTY •?«.. :MODEL ` ?: t' k" QAR 71. 77:T' .? +r*I:R NUM wi '?2 a:•'r ;;r:# " WPC T ' ' ^'"'ny:?s At (• JEEP z a RAND CHEROK 1999 1J4GW68N3XC546827 SW 13,115.00 4.OTHER YOU PLEDGE SHARES ANDW R DEPOSITS OF $ IN ACCOUNT NUMBER OLD ACCOUNT/LOAN NUMBER A) PAYOFF RINC. + INT OLD ACCOUNT/LOAN NUMBER (B) PAYOFF (PRINC. + INT.) OLD ACCOUNTALOAN NUMBER C) PAYOFF PRINC.+ INT. OLD ACCOUNTA.OAN NUMBER D) PAYOFF (PRINC. + INT) OLD ACCOUNTALOAN NUMBER (E) PAYOFF PRINo.+ INT.) OLD ACCOUNT/LOAN NUMBER (F) PAYOFF (PRINC.+ INT.) By accepting the proceeds or by using the funds advanced and deposited Into your sharelshare draft account, you agree (1) that the property referenced above will secure the advance and any other advances you have now or receive In the future under the LOANLINER' Credit and Security Agreement (the Plan) and any other amounts you owe us for any reason now or In the future in accordance with the terms of the Plan and (2) to make payments as disclosed above in accordance with the terms of the Plan. -- ° __ _ -_ - .°-• w, -ry °-. •. °-• -° ° • ,.• -•- --?,?,••?v rtNi4anvnrv1A d lAit rMPLUYEES CREDIT UNION FORM #3175 JVXX0100.1 037-21192-1 (4/04) llsi??eiw6Eirig; A' E,x 53"2 I. • ::?????Cisigl a?icel: ............ i3iF332....a33E:39;?3F.._3a33::m,.„,a..xttrar.:azu:::::... --...•.-. ..- __ .; .... :v•: •:• ......:..:.:.::.:.:.:.:.:.:.:.:.:.:. ;$orio?ii:;aAavlicant G AN., l E,AND .R 9WA.f272:88:5?74.1 XXXXXXXXX ............................................... . .:..::.:.:.:.:..::.:.:.:.:.:.:.:..::.: Ayers` tari??? ????????•???•?•"?•'•' ..Aoorovebv Suskemon04126l200613:39:31 iriirir?t:Sttug,'Archxe Application Received: 04l26l2006..? Time Received: 13:39:14;:;•Application ID: 532740 7.1 Branch: IMPORT ................................ `': :':Refaa?s:: Source: 404 w: Cross Ref #: % ----------- - -- --- ........ ,..: Source of Repayment: Secondary Source of Repayment: .......... . . . . . . . . . . . . . . . . . . . . . . . . . ?t:it? Product: DL - Direct Loan - Vehicle loan 23 Application Loan Type: Regular ::w Preapproval?; ..................... Purpose: Auto loan -Dealer:::•::::::•::•:::::•::•::•::•::•::•::•::•::•:::::•:::•::•::•; ...................................... ::;: Auto loan - Lease B u?out :•:::::•:::::::•: :::::::: % :.....:..:.::.:.:.:.:.:.:.:.:.:.:.:.:.:..:..::..::.. Auto loan Refinance ::::;:x:•::::::::::•::•::::•::::•:: .............:.;..;..................;.;.;.;.;.;.;.;........... ............................... Auto loan • Private Party';:'::::' :::::::::: ::::: ::':::::::'::::•::: Auto loan. Member Owned' XXXXX Auto loan R ecreational Vehicle:•::•:::•:::• ::::::::::::::::: X X X X X: Auto loan Rollover ------------------------ - Specific Use of Proceeds: :.:..::.:..::.:..::.:.:.:.:.:..::...:.:.:.:.:..:..:.:.:.:.:.:.:.:.:.. ........ . Credit Bureau: Experian :'`i% "ShareApplication Information? ..... 4:44 Title First Middle Last Suffix 7771 xxxx Name: NDREW .. GLE .... ............. ": 17773 Birth Date: 09!2411987: SSN: 272 88 5514:;::' Total Number of People in Household. ::: Citizenship: US Citizen ::;r:' Borrower Type. Applicant + Spouse of Borrower.: No ?+: .,..A. .1 :L.:s, i i..R. Marital Status: +?- - Mother's Maiden Name: CO PIN: Email AKAlFKA:. ::Foreign Address Apt ! Bldg ! Unit Number Dir Street Name D'rr Type Type Number Standard ---- E --... .. :.:.:.:.:.: ....A HUMMEL ...... 5... ?AVE { 2358 "`?' , .. ..... Rural Route Route/Military Type: V Number Box: Lxxxxxxx% .., ..;?._...._.., ....? .. i...... PO Box PO Box: County, 3 Line 2 City: LEMOYNE State: PA : Zip: 17043 1949 : •. .... Province: Country. X :.: Postal Code: Phone: (717J 730 0539': Ext Residential Status. ?.- " "'': (Lives w! relative: Time at Address: 5: yrs mths Cellular: () Phone number verified.:: : ................................. Address verified.::::: .......................................:.: ........................ :Aoolicant's mailing address is the same as the current address.::: :Collect Previous Address Information. _Collect ........................................... Unemp/Student/Homemaker Position:: FILING " :Active duty military member::`:' }„•,.,• ........................................ .;;. (707] 379 7396; : Ext: ..................•. ............ Employer Name: IPD SOURCE INTERLINK Phone: ................ .......... City: Stake: w Verification Phone: ( ] Time at Pres. Employer: yrs ;::;?1 mths Borrower Code: <': Non-Employee Loan A ? :..: .......................... Income: Gross Salary: ::18720.00 0 T /B onus/Comm: Other Income: Alimony, child support & separate maintenan Pa _Basis: _ Proof of income received.::: II Annually Employment verified.' lAnnually Income ......... ........... . Source: re income need not be revealed if you do not wish to have it considered. M :'Collect Previous Employment Information.* .....• , ' •?tl' Collateral to add: 4New car, truck, :SUV, van ._ XXXXXX cif .: t?ele:: . ............... .............. ............................................................................................. -01 Ttl Collateral Value: i 0.00 Standard Advance: :0.00 StandardAdvance Exist Liens Not Refit .. ':0.00 New Loan Request: 15000.00 Loan to Std Advance: :;0000 ............ ..... Credit Limit \ M aximum Loan Amount: Loan To Value: 00.00 Purchase Details Selling Price. F. : i i; 0.00 D ownPayment ' 0.00 Rebate/Other Equity. Net Trade In Amount: :0.00 Tax Rate (%]: 0000 Tax Amount: :0.00 Title: 0.00 License: :0.00 Amount to Finance: : 0.00 Original Application Factors used in Automated Decisioning enses: ? E O h Application Loan Pmt: Housing Pmt: xp er t oj Debt Ratio: ::2? LC P Total LC Pmts: •,':::::;;;:::::100 0 Total Monthly Adj: r Current Application Factors being Pmt• Housin utilized by Underwriter Other Expenses: ? Application Loan Pmt: g p• Total Monthly Adl: ,•: •.•,?.• •:.?:??:.?.• ?:?? ?..':?_.'.'•.:, LC Proj Debt Ratio: ;::11::22 Total LC Pmts: Monthly Income Summary Gross Income:: :::1560 + OT/Bonus/Commission: + Other Income: ; = Individual Total Income::::;: ;:::1;1560 Combined I ncome: Ratios Revolving Debt Housing Debt Total Revolving Line: 256 Net Disposable Debt :22 Residual Income Summary Total Income: ::: :1560 - Residual Act - Total All Pmts: :i; 1: ;1286 = Net Residual Inc: Net Disposable Income: ;::1 : ;12111 i`dd dt: er t3iti's LC Debt Ratio: Total S1 Pmts: S1 Debt Ratio: S1 Proj Debt Ratio: 1g -- -- ..................................................... .. : Product: DL •Direct Loan -Vehicle loan (23J .'% ; # of Payments: :72: Payment Period: 'Monthly :• Total Amount Financed: ' :15000.00' Total Collateral Value:::; ::0.00' Combined LTV: Estimated Payment: ;:248.57' Total Debt with Us: :.15000.00' Current System Decision/Recommendation: ve:::;::.::7717", Decision Party: Applicant ANGLE, ANDREW A (272,88-5574 :::: Application Score: ;:227; Cutoff: ;:195; Borrower Bureau Model Score Missing Fields ANGLE,ANDREW Ex rian Ex erian/Fair, Issac 0691 ANGLE,ANDREW Ex erian Li uidCredit Final S 227 0 ANGLE,ANDREW Ex erian Li uidCreditApp Sc 34 Debt !Income Summary: Borrower income Pmts D:I Prj D:I ANGLE. ANDREW 1560.0 274.00 2 18 tManual Loan Number Loan Date 041261200&::0; lA.fA.. ..... .. ..... •... .. Loan Number.' Suffix: Disbursement Date: 04126l200E::0' Reported Amount: Maturity (Due) Date: 04l26I2012?'::;0 Primary Collateral Code: 'Vehicle loan :u :NeNew Funds Amt: :15000.OU Down Payment: :::::::0:00' Funds Requesd u.:A Payment Type: Installment `? t :A r Interest Accrual: Actual/30:-01 Payment: Total Requested Amount: :15000.OU •.iA.: Interest Rate: 5.99000: Final Payment F ' - ' 248.47: Loan Amount: ;:: :;::15000 00 Maximum Term: + Total Financed Fees: + Total Financed Insurance: Interest Rate Lookup: a?eu?te a Total Financed Amt: :15000.00 ........... 1 _ Rate Type: 'Fixed Use :Decision party ' rate. Lock rate. Rate Lock Date: Credit Life Selection: None: Plan: s ----• - .::? Disability Selection: None _...•?. -; Plan. ..u......-----••---- ' : .. Coverage for: Applicant ANGLE, ANDREW A (272.88-5574) Credit Life (Decreasing) Credit Life (Level) Disability MPremium Paid in Cash.:: .. .......................... Insured Amount: Monthly Benefit: :0.00 :0.00 :0.00 Premium: Lx X :0.00 0.00 :':0.00 Cost Per Day: :0.00 End Coverage Date: Coverage Term ' Date Interest Princi al Balance Payment CL Prm Dis Prm 05/26/2006 73.85 174.72 14,825.28 248.57 0.00 0 06/26/2006 75.42 173.15 ........... 14,652.13 ........... ............. 248.57 ...................... 0.00 0. ...... ....... . ... ..................................... 07/26/2006 72.14 176.43 .......... 14......475.......70.. ........... ............248......57 .......... 0.00 0. ...................... ......................... 08/26!2006 73.64 174.93 14,300:77.. ..•..• ..248......57.......... 0.00 ..... •.•••..•,,,,,,,,,,,,, ..... • 09/26)2006 72.75 175.82 ....... •••••.. 14,124:95 ............ 248:57.••.••.... 0.00 0.00• ..,•••,,,,,,,,,,,,,,•,,,, ...... ............................................... 1Of26/2006 69.54 179.03 ........ 13 945.92 ...........s............. 248.57 ................. 0.00 ........................... ........................... 11/26/2006 70.95 177.62 13 768.30 248.57 .... 0.00 12/26/2006 ....:: fi7::79 180 78 ....13,587:.52.. 248:.57 .......... .... .. ...... .......................... : .. ......... 01/26/2007 69.13 179.44 ... 13,408.08 248.57 0.00 02/26/2007 68.21 180.36 13,227.72 ............... 248.57...... ......... 0.00 0.00.:::. ...... ....... . 03/26/2007 60.78 187.79 • 13,039.93 • •.••.. 248.57 • • .00 0 XX: ' ....•• .. •..• ..... .. 66 . /26/2007 34 182.23 04 12 857.70 s .. ....... 248...57 ......... . 0.00 .00 _. .. .. ::... ' ....... .. ......... 05/26/2007 63.30 185.27 12 672:43 248.57 0.00 : 0.00 06/26/2007 64.47 184.10 ........... 12,488.33 ............ . 248.57 .......... . . 0...00 ..... ...................... . ... X ........................... • 07/26/2007 61.48 187.09 ...................................................... 12,301.24 ........ ................. 248.57 .......... ...... : 0.00 0.00::: 99000 Interest Payments: APR: :5 # of Interest Payments: : Total Interest: "" ::;:::: 2896.94 ::' : ' 17896.94 Total Pa yment •:;.:::•.:•: In ;?1 iiottitdt+oti: ::Mint:C li itr3't S..... •-•-• ' ~ •• '?""_''_ End of Month? Number of Pmts: ::;72: Pmt Period: Monthly 1st Payment Date:/26/200f3:, , , . , . State: art . d: :. X:%XX X: XXXXX it XXXX . ve'! 1N ......................;;,:;: ........................................................ ................... Decision/Recommendation: Approve ...*...*..:.::.::.::.::.::.I Decision Party: System:::04!26!200613:39:31 Decision Based upon: Applicant ANGLE,ANDREW A (272;88 5574)::: RevrewApprovals Below: F1....18-91 •; Cutoff: :::185: Application Score: :: 227: .:...... Reasons for Review: Review Declines Above: ................................................... ............... .................................................................:.?::.:?. Decision: Approve:;::::::•:::::•::•:::: Current Status: rclvve:::•:::::::•::•::• ::::::::::::::::::: Max Sys Approved Amt: Underwriter: System:•::•::•::•: >::::::•::::•::•::•:: 04!26!200613 39:31 • ::: 0.00 Reasons to Override: :............................................................................................. StiPulakions ::..........................................:.............................::::::::::::::::::::: 1's? • •s:'s cc Decline Reason(s) Credit Decision based AND Credit Bureau Field Label Value Member Code 0 Current PSLV LOC i If HELOC, immediate adv amt 0 Deposit proceeds into S1 or S4 'XNET,XNETRE,XPHONE,XPAPRE, XPHONE Disclaimer Answer AYES or CYES AYES member requested # of payments 0 Type: ................................ 14!26!200613:39:14 General PSECU_user.::•::•; ; :•::•::•:::•::•;;:::::::::::; ::::::::: ............................. ..................................................................................................................................... SAS CO APP IF NEEDED; CONTACT AT HOME ONLY; STILL SHOPPING ! MBR WORKS THROUGH A TEME EXHIBIT "D„ PSECO Pennsylvania State Employees Credit Onion P,O. Box 670f3 M Harrisburg, PA 17106-7013 • 1,717)234-8484 Harrisburg, (80,1)) 237-7328 Na!ioraGVicia the frnanciallink+; Loan Disclosures This LOANLINEW Credit and Security Agreement, which includes the Truth in tending Disclosures, will be refer-ad to as the Plan. The Plan documents include this agreement and an Addendum. You, your and borrower mean any person who signs the Plan. Credit union, we, our and us mean PSECU or anyone to whom the Credit Union transfers its rights tinder the Plan. HOW THIS PLAN WORKS - This is an open-end, multi-teatured credit plan. We anticipate that, from time to time, you will borrow money (called "advances') under the Plan. We are not required to make advances to you under the Plan and can refuse a request for an advance at any time. The Addendum describes the different types of credit (called "subaccounts") available under the Plan, the current interest rate for each subaccount expressed as a daily periodic rate and corresponding annual percentage rate and other charges. It may also have other terms and a schedule for determining the payment amounts. CREDIT LIMIT - We may, but do not have to, establish a credit limit on certain subaccounts. It a credit limit is set for a subaccount, you promise not to exceed the established credit limit. If you exceed the credit limit, you promise to repay immediately the amount which exceeds the credit limit. REPAYMENT --,You proafts. to repay aJl amounts you owe under the Plan plus interest. Payments are due on the last day of the month unless we set a different day at the time of an advance. If the Addendum has no payment schedule for a subaccount, your payment will be determined at the time of each advance. Payments must include any amount past due and any amount by which you have exceeded any credit limit you have been given for a subaccount. You may repay all or part of what you owe at any time without any prepayment penalty, Even if you prepay, you will still be required to make the regularly scheduled payments unless we agree in writing to a change in the payment schedule. If you have a joint sharedraft account, you wiN be responsible for paying all overdraft advances obtained by a joint holder of the sharedraft account. Unless otherwise required by taw, payments will be applied to amounts owed under the Plan, in the manner the Credit Union chooses. PLAN ACCESS L--You can obtain credit advances in any manner authorized by us. It we allow you to use your ATM/Debit card to access the Plan, you may be liable for the unauthorized use of your ATMtDebit card. You will not be liable for unauthorized use that oocum after you notify us, orally or in writing, of the loss, theft, or possible unauthorized use. If you believe your ATMiDebd card has been lost or stolen, immediately inform the Credlt Union by calling or writing us at the telephone number or address ftt appears elsewhere in the Plan. N the card is used to obtain unauthorized advances directly from the Plan, your Ilabifdy will not exceed $50. If the unauthorized withdrawal is from a sharedraft aototurtt, your liability is governed by the Regulation E disclosures you received at the time you received your ATMIDebit card, even if the withdrawal results in an advance being made from your overdraft subaccount. FINANCE CHARGE -The dollar amount you pay for money borrowed is called a "finance charge" and begins on the date of each advance. A finance charge will be computed separately for each separate balance under the Plan. To compute the finance charge, the unpaid balance for each day since your fast payment (or since an advance 0 you have no yet made a payment) is multiplied by the applicable daily periodic rate. The sum of these amounts is the finance charge owed. The balance used to compute the finance charge is the unpaid balance each day after payments tmrd-credlts to fsesrr svbtract$d and anyadditioT's to the balance have been made. In addition to interest, we may charge other finance charges which are disclosed on the Addendum. If the irterest rate is a variable interest rate, the Addendum explains how the variable interest rate works. SECURITY -You pledge as security for the Plan all shares and dividends and, it any, all deposits and interest in all joint and individual accounts you have with us now and in the future. It a specific dollar amount is pledged for an advance, we will freeze shares in that account to the extent of the outstanding balance for the advance. Otherwise. your pledged shares may be withdrawn unless you are in default The following paragraph applies In all states except in Ohio, Rhode Island and Massachusetts: We have a statutory lien on the shares and dividends and, If any, the deposits and interest in ail individual and joint accounts you have with us and may exercise our rights under the lien to the extent permitted by state law. (We are state chartered if our name does not include the term "Federal Credit Union") For all borrowers: The statutory lien and/or your pledge will allow us to apply the f unds in your account(s) to what you owe when you are In default. The statutory lien and your pledge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as security. Additional security for the Plan may be required at the time of an advance. It a subaccount identifies a type of property (such as "New Cars") you must give that type of property as security when you get an advance under that subaccount. A subaccount name such as "Other Secured" means you must provide security acceptable to us when you obtain an advance under that subaccount. Property you give as security will secure all amounts owed under the Plan and all other loans you have with us now or in the future, except any loan secured by your principal dwelling. Property securing other loans you have with us may also secure the Plan ???) JtUNA'ViTL At GROUR tM_ 2X6, AL R!3ttTS RESEPV£o NDT. CREDIT INSURANCE - Credit life andlor credit disability insurance is optional under the Plan. If you quality for and purchase the insurance from us, you authorize us to add the insurance premiums monthly to your loan balance and charge you interest on the entire balance. If you elect credit insurance, your payments may increase or the period of time necessary to repay your advance may be extended. The credit insurance rates may change during the Plan. If the rates change, we will provide any notices required by applicable law. PERIODIC STATEMENT - On a regular basis you will receive a statement showing all transactions under the Plan during the period covered by the statement. Statements and notices will be sent to you at the most recent address you have given us in writing. Unless applicable taw requires notice to each joint borrower, notice to any one of you will be notice to att. JOINT ACCOUNTS - It this is a joint account, each of you is individually and jointly responsible for paying all amounts owed. That means we can enforce our rights under the Plan against any one of you individually or against all of you together. If you ghre us inconsistent instructions, we can refuse to follow your instructions, Unless our written policy requires all of you to sign for an advance, each of you authorizes the other(s) to obtain advances individually and agrees to repay advances made to the- other(s). Any joint accountholder may terminate the Plan by giving us prior written notice. If any of you terminate the Plan, the Plan is terminated for all of you. You remain liable individually and jointly for all advances incurred before termination. FEES AND CHARGES - If you give us a security interest in certain types of property, we may charge you a filing fee to perfect ourInterest in the property. If we do, the amount of the fee will be disclosed to you at the time you obtain an advance. We may also charge you other fees in connection with the Plan. Our current foes are disclosed on the Addendum and will be added to your loan balance unless you pay them in cash. UPDATING CREDIT INFORMATION - You promise that you will prompity give us written notice if you move, change your name or employment, or it any other information you provided to us changes. Upon our request, you also agree to provide us updated financial information. DEFAULT - The fallowing paragraph applies to borrowers in Idaho, Kansas, Maine and South Carolina.. You will be in default if you do not make a payment of the amount required when it is due. You will also be in default if we believe the prospect of payment, performance, or realization on any property given as security is significantly impaired. The following paragraph applies only to borrowers In Msconsin: You will be in default if you fail to make a payment when due two times during any 12 month period. You will be in default if breaking any promise made under the Plan materially impairs your ability to repay what you owe or materially impairs the condition, value, or protection of or our iig%in any property you gave as security. The following paragraph applies only to borrowers In Iowa: You will the in default if you are more than 10 days late in making a payment. You will also be in default if you do not comply with the terms of the Plan and your failure to comply materially impairs any property you gave as security or your ability to repay what you owe under the Plan. The following paragrrsph appow to borrowers In all other statea:.You will be in default if you do riot make a payment of the amount required when it is due. You will be in default if you break any promise you made under the Plan or if anyone is in default under any security agreement made in connection with an advance under the Plan. You will be in default if you die, file for bankruptcy, become insolvent, if you make any false or misleading statements in any credit application or update of credit information, or if something happens we believe may substantially reduce your ability to repay what you owe. You will be in default if any property you have given us as security is repossessed by someone else, seized under a forfeiture or similar law, or if anything else happens that significantly affects the value of this property or our security interest in it. You will also be in default under the Plan if you are in default under any other loan agreement with us, ACTIONS AFTER DEFAULT - The following paragraph applies to borrowers in Colorado, District of Columbia, lows, Kansas, Maine, Massachusetts, Missawt Nebraska, South Carolina and West Virginia: When you are in default and after expiration of any right you have under applicable state law to cure your default, we can 'i demand immediate payment of the entire unpaid balance under the Plan without giving you advance notice. The following paragraph applies to borrowers In all other states except Wisconsin and Louisiana: When you are in default, we can require immediate payment (acceleration) of the entire unpaid balance under the Plan, You waive any right you have to demand for payment, notice of intent to accelerate and notice of acceleration. T h e f o l l o w i n g p a r a g r a p h s a p p l y to borrowers In all states except Wisconsin and Louisiana: If immediate payment is demanded. you will continue to pay interest untif what you owe has been repaid at the applicable interest rates in effect or, if applicable, CPSb'l't PSECU FORM x3146 LOANLINEW Credit and Security Credit Agreement (continued) at Ina default rate disclosed on the Addendum. if a demand for immediate payment has Uten made, your shares and'or deposits can be applied towards what you owe as provided in the section above called "Security" We can also exercise any other rights given by law when you are in default. Yoo agree the Credit Union has the right to take possession of any property given as security under the Plan, without judicial process, if this can be done without breach of the peace. If we ask, you promise to deliver the property at a time and place we choose. It the property is a motor vehicle or boat, you agree that we may obtain a key or other device necessary to unlock and operate it, when you are in default. We will not be responsible for any other properly, not covered by this Agreement, that you leave inside the property at that is attached to the property We will try to return that property to you or make it available for you to claim. After we have possession of the property, we can sett it and apply the money to any amounts you owe us. We will give you notice of any public disposition or the date after which a private disposition will be held. Our expenses for taking possession of and selling the property will be deducted from the money received from the sale. Those costs may include the cost of storing the property, preparing it for sale and attorney's fees to the extent permitted under state law or awarded under the Bankruptcy Code. You wrist pay any amount that remains unpaid after the sale money has been applied to any unpaid balance under the Plan. You agree to pay interest on that amount at the same rate as the advance, or, if applicable, at the default rate disclosed on the Addendum, until that amount has been paid. The following poWreph applies only to Wisconsin borrowers: When you are in default and after expiration of any right you have under applicable state law to cure your detaulf. we may require immediate payment of your outstanding loan balance under the Plan and seek possession of property given as security. lira may voluntarily give the property to us if you choose, or we may seek to take possession of the property by judicial process. If we repossess the property, you agree to pay reasonable expenses incurred in disposing of the property. It the property is a motor vehicle, mobile home, trailer, snowmobile, boat or aircraft, you will also be required to pay any costs permitted by Section 422.419 of the Wisconsin Statutes. You must pay any amount that remains unpaid after the sale money has been applied to what you owe under the Plan. You agree to pay interest on any unpaid amount at the same rate as the advance, or, if applicable, at the default rate disdosed on the Addendum, until that amount is paid. If the property is located outside Wisconsin at the time of default, we may take possession of the property without judicial process, it permitted by the state where the property is located. The following paragraph applies only to Louisiana borrowers: When you are in default, we can require immediate payment (acceleration) of the entire unpaid balance under the Plan. You waive any right you have to demand for payment, notice of intent to accelerate and notice of acceleration. It immediate payment is demanded, you will continue to pay interest until what you owe has been repaid at the applicable interest rates in effect unless a default rate is disclosed on the Addenduaw If a demand for immediate payment has been made, the shares and deposits givers as security for the Plan can be applied towards what you owe. We can also exercise any other rights given by law when you are in default and our rights under any security agreements you have with us. CANCELLING OR CHANGING THE PLAN - The fctlowing paragraph applies only to borrowers in tEtnolis: We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change to the interest rate or other charges will apply to future advances, The laliowing paragraph applies only to borrowers In Wisscorisin: We can change the terms of the Plan from time to time in accordance with Section 422.415 of the Wisconsin Statutes. You will be notified of any change in terms. An increase in the daily periodic rate under a variable rate interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan or any part of the Plan at any time. You may cancel the Plan at any time by giving us prior written notice. Your obligation to pay the unpaid balances under the terms of the Plan continues whetter you or the credit union cancel the Plan, except to the extent that your liability is limited by Section 4224155 of the Wisconsin Statutes. Tine following paragraph applies only to borrowers in town: We can change the terms of the Plan from time to time after giving you any advance notice required by law. A change that increases the rate of finance charge or other charge, that increases the amount of your payments, or that otherwise adversely affects existing balances will apply to existing balances only if you agree to the change or you use the Plan after receiving notice that your use of the Plan means you agree the change applies to existing balances, The following paragraph applies to borrowers in all other states. We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change in the interest rate will apply to future advances, and at our discretion and subject to any requirements of applicable law, will also apply to unpaid balances. The following paragraph applies to all but Wisconsin borrowers: An increase in the daily periodic rate under a variable interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan at any part of the Plan at any time. `rbu may cancel the Plan at any time by giving us prior written notice. Your obligation to pay the unpaid balances under the terms of the Plan continues whether you or the Credit Union cancel the Plan. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN - We can delay enforcing any of our rights under this Plan any number of times without losing the ability to exercise our rights later 'No can enforce this Plan aga nst your heirs or legal representatives. If we change the, terms of the Plan, you agree that tnis Pian will continue to protect us. CONTINUED EFFECTIVENESS - If ary part of this Plan is determined by a court to be unenforceable, the rest will remain in effect. NOTICE TO UTAH BORROWERS - This written agreement is a final expression of the agreement between you and the Credit Union. This written agreement may not be contradicted by evidence of any oral agreement. The following is required by Vermont law - NOTICE TO CO-SIGNER - YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EOUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. The following paragraphs apply if you give security In connection with an advance under the Plan. They apply to borrowers in all states except Louisiana. Louisiana borrowers will execute a separate security agreement. Borrowers In other states may also be asked to execute a separate security agreement. THE SECURITY FOR THE PLAN -- You give us what is known as a security interest in all property described in any receipt, voucher or other document you receive for an advance ('the Advance'). The security interest you give includes all accessions. Accessions are things which are attached to or installed in the property now or in the future. The security interest also includes any replacements for the property which you buy within 10 days of the Advance or any extensions, renewals or refinancing of the Advance, It also includes any money you receive from setting the property or from insurance you have on the property. If the value of the property declines, you promise to give us more property as security it asked to do so. WHATTHE SECURITY INTEREST COVERS/CROSS COLLATERAL PROVISIONS -The security interest secures the Advance described in the receipt, voucher or any other document you receive at the time of the Advance and any extensions, renewals or refinancings of the Advance. ft also secures any other advances you have now or receive in the future under the Plan and any, other amounts or loans, Including any credit card loan, you owe us for any reason now or In the future, except any loan secured by your principal residence. If the property is household goods as defined by the Federal Trade Commission Credit Practices Rule, the property will secure only the Advance and not other amounts you owe. OWNERSHIP OF THE PROPERTY - You promise that you own all property you give as security or if the Advance is to buy the property, you promise you will use the Advance for that purpose. You promise that no one else has any interest in or claim against the property that you have not already told us about. You promise not to sell or lease the property or to use it as security for a loan with another creditor until the Advance is repaid. You promise you will allow no other security interest or tiers to attach to the property either by your actions or by operation of taw. PROPERTY INSURANCE. TAXES AND FEES - You must maintain property insurance on all property that you give as security under the Plan. You may purchase the property insurance from anyone you choose who is acceptable to the Credit Union. The amount and coverage of the property insurance must be acceptable to us. Ybu may provide the property insurance through a policy you already have, or through a policy you get and pay for. You promise to make the insurance policy payable to us and to deliver the policy or proof of coverage to us if asked to do so. It you cancel your insurarA and get a refund, we have a right to the refund. If the property is lost or damaged, we can use the 'assurance settlement to repair the property or apply it tawardla what you owe. You authorize us to endorse any draft or check which may be payable to you in order for us to collect any refund or benefits due under your insurance policy. You also promise to pay all taxes and fees (like registration fees) due on the property. lt you do not pay the taxes or fees on the property when due or keep it insured, we may pay these obligations, but we are not required to do so. Any money we spend for taxes, fees or insurance will be added to the unpaid balance of the advance and you will pay interest on those amounts at the same rate you agreed to pay on the advance. We may receive payments in connection with the insurance from a company which provides the insurance. We may monitor out bans for the purpose of determining whether you and other borrowers have compiled with the insurance requirements of our loan agreements or may engage others to do so. The insurance charge added to an advance may include (1) the insurance company's payments to us and (2) the cost of determining compliance with the insurance requirements. If we add amounts for taxes, fees or insurance to the unpaid balance of an advance, we may increase your payments to pay the amount added within the term of the insurance or approximate term of the advance. INSURANCE NOTICE - If you do not purchase the required property insurance. the insurance we may purchase and charge you for will cover only our interest in the property. The premium for this insurance may be higher because the insurance company may have given us the right to purchase insurance after uninsured collateral is lost or damaged. The insurance will not be liability insurance and will not satisfy any state financial responsibility or no fault laws. PROTECTING THE SECURITY INTEREST - It your state issues a title for the properly, you promise to have our security interest shown on the title. We may have to file what is called a financing statement to protect our security interest from the claims of others. if asked to do so. you promise to sign a financing statement. You also promise to do whatever else we think is necessary to protect our security interest in the property. You promise to pay all costs, including but net limited to any attorney fees, we incur In protecting our security interest and rights in the property, to the extent permitted by applicable law. LQANLiNER' Credit and Security Credit Agreement (continued) USE OF PROPERTY - Until the Advance has been paid oft, you promise you will: %I) Use the property carefully and keep it in goon repair. (2) Obtan our written/ permission before making ma or changes to the property or changing the _address :vhera the property is kept. (3) Inform us in writing before changing your address. (4) %,llow .is to inspect the property t5i Promptly notify us if the property is da..maged, sic ten or abused. (6) Not use the property for any unlawful purpose (T,! Not to retitle property in another state without telling us. NOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VEHICLE - THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT TO REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE, AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN THAT SALE. YOU MAY HAVE TO PAY THE DIFFERENCE. NOTICE FOR ARIZONA OWNERS OF PROPERTY - it is unlawful for you to fail to return a motor vehicle that is subject to a security interest, within thirty days. after you have received notice of default. The notice will be mailed to the address you gave us. 11 is your responsibility to notify us if your address changes. The maximum This notice contains important information about your rights and our responsibilities under the Fair Credit Bitting Act. You are advised to read your monthly statement and review it for any error discrepancies or unauthorized transactions. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR STATEMENT. If you think your statement is wrong, or it you need more information about a transaction on your statement,, write us on a separate sheet at the address listed on your statement. You are required to notify us in writing within 60 days following the date on which we sent your statement wherein the error or problem first appeared regarding any discrepancy or unauthorized transactions on your account. Failure to notify us may result in your acceptance of any responsibility for payment or reimbursement to us for any such error or discrepancy on your account. Write to us as soon as possible. You can telephone us, but doing so will not preserve your rights. in your letter, give us the following information; Your name and account number. The dollar amount of the suspected error. Describe the error and explain, if you can, why you believe there is an error. 11 you need more information, describe the item you are not sure about. tf you have authorized us to pay a credit card account automatically from 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 is scheduled to occur. YOUR R)GftS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE - We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or mcpWn wiry we believe the statement was correct. In this Agreement, the words you and your means each and all of those who apply i for the card or who signs this Agreement. Card means the Visa Credit Card and any duplicates and renewals we "issue. Account means your Visa Credit Card Line of Credit account with us. We, us, and ours means this Credit Union. i. RESPOt4St y©u a send: yar agree torepey aM debts-evid?the i Finance Charge arising from the use of the card and the card account. For example, t you are responsible for charges made by yourself, your spouse and minor children. You are also responsbe for charges made by anyone else to whom you give the 1 card, and this responsibaity continues until the card is recovered. You cannot disclaim c responsibility by notifying us, but we will close the account for new transactions if you so request and return all cards. Your obligation W pay the account balance continues even though an agreement, divorce decree or other court judgment to which we are not a party may direct you or one of the other persons responsible to pay the account. The cards remain our property and you must recover and surrender to us all cards upon our request and upon termination of this Agreement. 2. LOST CARD NOTIFICATION - If you believe the card has been lost or stolen, you will immediately call the Credit Union at (717) 234-8484 or (800) 237-7328. After '`lours call (800) 556-5678. 3. LIABILITY FOR UNAUTHORIZED USE -You agree to notify us immediately, orally or in writing of the toss, theft or unauthorized use of your Credit Card. You may be liable for the unauthorized use of your Credit Card. You will not to liable for unauthorized use that occurs after you notify us of the toss. theft, or possible unauthorized use. You will have no liability for unauthorized purchases made with your Credit Card, unless you are grossly negligent in the handling of your Card in any case, your liability will not exceed M. 4, CREDIT LINE - if we approve your application, we will establish a self- replenishing Line of Credit for you and notify you of its amount when we issue the card. You agree not to let the account balance exceed this approved Credit Line. Each payment you make on the account will restore your Credit Line by the amount of the payment which is appiied to the priricipal.'eou may request an increase in your Credit penalty for unlawful failure to return a motor vehicle is one year in Prison and/or a fine of $150,000. For those members who purchase a vehicle under the DRiVe Program, please review the following FTC Notice: NOTICE ANY HOLDER OF THIS 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 BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER, After we receive your teller, we cannot try to collect any amount you question, or report you as delinquent. We can continue to send statements to you for 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 amount while we are investigating, but you are still obligated to pay the parts of your statement that are not in question. If we find that we made a mistake on your statement, you will not have to pay any finance charges related to any questioned amount. It we didn't make 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. If you fail to pay the amount that we brink you owe, we may report you as delinquent. However, it our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your statement. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your statement was correct. SPECIAL RULE FOR CREDIT CARD PURCHASES - If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (a) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (b) The purchase price must have been more than $50. These limitations do not apply it we own or operate the merchant, or if we mailed you the advertisement for the property or services. Line only by written application to us, which must be approved by our credit committee or ban officer. By giving you written notice we may reduce your Gredit Line from time to time, or with good cause, revoke your card and terminate this Agreement. Good cause includes your failure to comply with this Agreement or any other agreement with U' L-2 ?r?g5tyer_ re ti0 :tit! Y0W credilWarthiness, you mail-also. terminate this Agreement at any time, but termination by either of us does not affect your obligation to pay the account balance. 5. CREDIT INFORMATION - You authorize us to investigate your credit standing when opening, renewing or reviewing your account, and you authorize us to disclose information regarding your account to credit bureaus and other creditors who inquire of us about your credit standing. 6. MONTHLY PAYMENT - We will mail you a statement every month showing your Previous Balances of purchases and cash advances, the current transactions on your aooount, the remaining credit available urKW your Credit Line, the New Balances of purchases and cash advances, the Total New Balance, the Finance Charge due to date, and any other billed tees, and the Minimum Payment rectured. Every month you must pay at least the Minimum Payment within 25 days of your statement closing date. By separate agreement you may authorize us to charge the minimum payment automatically to your share or checking account with us. You may, of course, pay more frequently, pay more than the Minimum Payment, or pay the Total New Balance in hill, and you wig reduce the finance charge by doing so. If your monthly payment exceeds the total credit One balance owed, we will automatically post the credit to your St shares. The minimum payment wilt be (a) 2°% of your Total New Balance, rounded up to the next even dollar, or (b) $20.00, whichever is greater. In addition, at any time your Total New Balance exceeds your Credit Line, you must immediately pay the excess upon our demand. WA, will apply payments in the following manner: first to previous late fees, then to previous cash advances finance charges, then to previous purchase finance charges, then to current late fees, then to previous cash advance batances, then to previous purchase balances in the order that they were posted to your account, then to current cash advance balances, and then to current purchase balances. Vise Credit Card Agreement and Truth In Len_ ding Disclosure (continued) 7. FINANCE CHARGES - You can avoid the Finance Charge on purchases by paying the full amount of the New Balance of Purchases each month within 25 days of your statement closing date. Other3vise, the New Balance of Purchases, and the subsequent purchases from fie date they are posted to your account, wilt be subject to Finance Charge. Cash advances are always subject to Finance Charge from the date they are posted to your account. Purchases: We calculate your finance charge by multiplying the average adjusted daily balance (see explanation below), including now purchases, for the billing cycle !sy the monthly periodic purchase rate and corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum. Cash Advances: We calculate your finance charge on cash advances by multiplying the average adjusted daily balance (see explanation below) for cash advances during the billing cycle by the monthly periodic advance rate and corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum. Balance Computation Method Average Daily Balance for Purchases - The Average Daily Balance for Purchase Transactions is calculated by adding the Daily Balances (Purchase Transaction) for each day in the bitting cycle, and then dividing by the number of days in the bitting cycle. To calculate the Daily Balance for purchases each day. we take the following steps: We take the outstanding balance (alt amounts you owe) at the start of the day. Then, in the sequence in which amounts are posted to your account, we add the amounts of all debits and subtract the amounts of all credits or payments which post to your account that day. After applying payments and credits, we subtract the amount of any unpaid Finance Charges or Late Charges. Then we also subtract the amount of any Cash Advance transactions that posted to your account on that day or in any previous day in the billing cycle. This gives us the Daily Balance for purchases. Average Daily Balance krr Cash Advances - Cash Advance Transactions which are posted to your account are not included in the Average Daily Balance calculation for purchases, and are therefore not subject to the monthly periodic rate for purchases. The Average Daily Balance is calculated separately for Cash Advances and is subject to the Cash Advance Monthly Periodic Rate. The Average Dairy Balance for Cash Transactions is calculated by adding the Daily Balances (Cash Transaction) for each day in the billing cycle, and than dividing by the number of days in the baling cycle. To calculate the Daily Balance for cash each day, we take the fottowirig steps: We take the outstanding balance (all amoi lnts you awe) at the start of the day. Then. in the sequence in which amounts are posted to your account, we aldd the amounts of all debits and subtract the amounts of all credits or payments which post to your account that day. After applying payments and credits, we subtract the amount of any unpaid Finance Charges or Late Charges. Then we also subtract the amount of any Purchase Transactions that posted to your account on that day or in any previous, day in rte billing cycle. This gives us the Daily Balance for Cash Advance Transactions. Note: Cash Advances are always subject to finance charges and from the day they are posted to your account. Paymenj§ are applied in the following manner: first to previous late fees, then to previous cash advances finance charges, then to previous purchase finance charges, then to current late fees, then to previous cash advance balances, then to previous purchase balances in the order that they were posted to your account, then to current cash advance balances, and then to current purchase balances. Credits are applied first to the particular type of debt which is being credited. if any, and then to the balance of your account. Note also that if the total of the payments and credits which are posted to your account by the Payment Due Date shown on a statement is equal to or exceeds the New Balance shown on that statement, we will not apply the Monthly Periodic Rate to your Account on your next statement. S. DEFAULT-You will be in default if you fail to make any Minimum Payment within 25 days after your monthly statement closing date. You authorize us to transfer funds sufficient to make the minimum payment due if your Visa lotus is in default. You will also be in default if your ability to repay us is materially reduced by a change in your employment, an Increase in your obligations, bankruptcy or insolvency proceedings involving you, your death or your failure to abide by this Agreement, or it the value of our security interest materially dectines. We have the right to demand immediate payment of your full account balance if you default, subject to our giving you any notice required by law. To the extent permitted by law, you will also be required to pay our collection expenses, including court costs and reasonable attorney fees. 9. USING THE CARD - To make a purchase or cash advance, there are two afternative procedures to be followed. One is for you to present the card to a participating Visa plan merchant, or another financial institution. and sign the sales or cash advance draft which will be imprinted with your card. The other is to complete the transaction by using your Personal identification Number (PIN) in conjunction with the card in an Automated Tester Machine or other type of electronic terminal that provides access to the Visa system. You agree that you will riot use your card for any transaction that is illegal under applicable federal, state, or focal law. The monthly statem=ent will identify the merchant, electronic terminal or financial institution at which transactions were made, but sale, cash advance, credit or other slips cannot be returned with the statement, You will retain a copy of such slips furnished at the time of the transaction in order to verify the month: y statement. The Credit Union may make a reasonable charge for photocopies of slips you may request. 10. OVERDRAFT OPTION - If you elect to overdraft to your PSECU Visa Credit Card, that election is subject to the existing credit limit and the agreement it represents and the current loan policy at the time of the overdraft. You also understand that an overdraft will be considered the same as a cash advance on your PSECU Visa Credit Card and that the current Annual Percentage Rate for cash advances will apply. 11. RETURNS AND ADJUSTMENTS - Merchants and others who honor the card may give credit for returns and adjustments, and they will do so by sending us a credit slip which we will post to your Visa line of credit. If your credit and payments exceed what you owe us, we will automatically post the excess credit balance to your S1 Shares within 75 days. It the balance is one dollar or more, upon your written request, we will refund the credit balance to you. 12. FOREIGN TRANSACTIONS - The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or a govemment•mandated rats in effect for the applicable central processing date. In each instance, an adjustment may be assessed based on the ISA fee imposed by Visa. This fee, which totals 1 % of the transaction amount, will be assessed on all transactions where the merchant country differs from the country of the card issuer. 13. SPECIAL RULES FOR VISA PURCHASES - It you disagree or find an error with a Visa transaction, and have tried in good faith to correct the problem with the merchant or the charges are the result of unauthorized or fraudulent use, or your purchase cost more than SW and was made from a plan merchant in your state within 100 miles of your home, contact PSECU. 14. DISPUTED TRANSACTIONS - You are required to notify PSECU in writing within 60 days following the date on which we sent your statement wherein the error or problem first appeared regarding any discrepancy or unauthorized transaction on your account. Telephoning PSECU does not presefye your dispute rights. You may be required to provide us with documentation to support your dispute claims. In addition, you may be required to complete a standard dispute form outlining the details of your dispute. In cases of fraudulent card use. PSECU will also require a notarized affidavit. In some cases we may ask you to notify the local authorities. If we do not receive the proper requested documentation in the time specified you may be held responsible for the transaction(s) in question. PSECU must adhere to strict dispute timeframes set forth by Visa. 15. SECURITY INTEREST - To secure your account, you grant us a purchase money security interest under the Uniform Commercial Code in any goods you purchase through the account. If you default, we will have the right to recover any of these goods which we have not been paid for through our application of your payments in the manner described in the Monthly Payment section. With respect to this account only, we will not assert any statutory right we may have if you are in default to prevent withdrawal of your unptedged credit union shares (Deposits) below the unpaid balance of your account. However, if you give or have given us a specific pledge of your credit union shares (Deposits) by signing the Pledge of Shares or otherwise, or any other security interests for all your debts, your account will be secured by your pledged shares (Deposits) and by the property described in those other security agreements, except for your home. 16. EFFECT OF AGRE ENT - This Agreement is the contract which applies to all transactions on your aooount even though the sates, cash advance, credit or other slips you sign or receive may contain different terms. We may amend the Agreement from time to time by sending you the advance wiritten notice required by law. Your use of the card thereafter will indicate your agreement to the amendments. To the extent the law permits, and we indicate in our notice, amendments will apply to your existing account balance as well as to future transactions. 17. LATE PAYMENT CHARGE - It your Minimum Payrrent is not received by the first day of the month following your due date, you will be subject to a $20 charge. 18, RUSH FEES -You may incur additional charges for rush processing and rush delivery of cards and/or PIN mailer. 14, OVER LJMfT FEE- A $20 fee will be applied for each morally statement using date on which the outstanding balance exceeds the assigned credit limit by more than $100. 20. DRAFT COPIES - You may incur an additional charge for transaction ! summary/sale draft documentation. j 21. COPY RECEIVED - You acknowledge receipt of a copy of this Agreement. 22. ILLEGAL TRANSACTIONS PROHIBITED - You agree that you will not use your card for any transaction that is illegal under applicable federal, state. or local law. 23. NO USE - Inactive Visa accounts that have no purchase or cash activity may be closed without notice to you after IS months of no activity. 24. 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VF=- 3t-E ???-"OKt C Cr EsC5 M" -04-7-0 t, co 0.0•-N MVN-2 r?C PO-NMV "'0 r' co PO x d ^---- ••-NNNNN NNNNNM C w J a U 00 o u a o D -r, n { n A rrl C-3 C z . SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07536 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PENNSYLVANIA STATE EMPLOYEES C VS ANGLE ANDREW A R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ANGLE ANDREW A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT 235B HUMMEL AVENUE , ANGLE ANDREW A LEMOYNE, PA 17043-1949 DEFENDANT'S MOTHER LIVES AT GIVEN ADDRESS. DEFENDANT IS NOT ALLOWED TO LIVE HERE PER REALTY COMPANY. Sheriff's Costs: So answers: Docketing 18.00 Service 30.72 Not Found 5.00 R. Thomas ine Surcharge 10.00 Sheriff of Cumb land County 00 63.72 VAN ECK & VAN ECK 01/11/2008 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~; 1 ~, ,_--;;-~-;..c Sheriff _ = JOdy S Smlth ~k~t~t'F, ~~ ~uin~~,~f~~~ ~~ ,. ._ , ~ ~` ~,>•`.Y' Chief Deputy ~ .~ ,.~ ~~~ ~~ ~~ ~~ ~,; 29 ~ -~ ,~~ ~; Richard WStewart -._ Solicitor r~c~ c~F -~__ s.~.~~rr j^ `' . ~ ~ ~ ~~~-~ 4V: i i ... ._ ' . Pennsylvania State Employees Credit Union Case Number vs. Andrew A. Angle 2007-7536 SHERIFF'S RETURN OF SERVICE 07/13/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Andrew A. Angle, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Andrew A. Angle. Request for service at 1207 Edinburg Circle, New Cumberland, PA 17070 Andrew A. Angle wa: not found. The alternate request for service at 235 Hummel Avenue, Apartment B, Lemoyne, PA 17043 Andrew A. Angle was not found. The Lemoyne Postmaster advised Andrew A. Angle was residing at 1709 Carlisle Road, Camp Hill, PA 17011. However, current residents of 1709 Carlisle Road, Camp Hill, PA 17011 advised Deputies Andrew A. Angle is in a half way house located at 165 Main Street, Building 30, Wernersville, PA 19565. SHERIFF COST: $76.20 July 13, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c CountySuite Sheriff. Teieosoft. Inc. ORl~ ~ SAL I' ~^ it ~ i ~~lEfl .~u~ ~ Cy ~t 1 .:• .~~ CUB.. - N i 1' ~~ .. f;. ;j;a BARLEY SNYDER L C Shawn M. Long, Esqui e Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 Attorneys for Plaintiff (717) 299-5201 i Pennsylvania State Employees Credit Union PENNSYLVANIA STA'>~E EMPLOYEES IN THE COURT OF COMMON PLEAS OF CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. ANDREW A. ANGLE, TO THE PROTHONOT Please reinstate No. 07-7536 Defendant Y: Complaint in the above-captioned action. Dated: ~/ ~ ~N(% ,.._ BARLEY SNYDER LLC ~l~n M: Long, Esquire ~-~ Attorneys for Plaintiff Pennsylvania State Employees Credit Union Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 l~,~t `~~ ~/~~ Lt/Y!~ 2904218.1 ` ~.~aN~~o~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~;; ; .;-. Sheriff -- _ Jody S Smith ~ ~ati~,titr of tr~r~~px~,~,y~ ~ ~~ _ _ ~ ,,; ;. Chief Deputy ~ .,~ ;~ ~t t1 ~ ~ f F; ~ ~ ~ ~ ~~ r t . • .i 1 Richard W Stewart ~ '~ h' .ZOO C~ AVCT ll 1~n1 ._,..,~, SOlICItOr QfF~CE = -n~ ~"ERIFF ~,! ,~ r~ '2' 3~ . _ ,t; . .. ar . i.~ Pennsylvania State Employees Credit Union Case Number vs. Andrew A. Angle 2007-7536 SHERIFF'S RETURN OF SERVICE 07/19/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Andrew A. Angle, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Berks County, PA to serve the within Complaint and Notice according to law. 07/28!2010 02:40 AM - Berks County Retum: And now July 28, 2010 at 1440 hours I, Eric J. Weaknecht, Sheriff of Berks County, Pennsylvania, do herby certify and return that 1 served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Andrew A. Angle by making known. unto himself personally, at 165 Main Street, Building 30, Wemersville, PA 19565 its contents and at the same time handing to him personally the', said true and correct copy of the same. SHERIFF COST: $37.00 August 09, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Shenft. Teleosoft, tnc. COUNTY OF BERKS, PENNSYLVANIA ~~ r~~,~: SHERIFF' S DEPARTMENT (w ~ ~ -~ '~~. Courthouse- 3rd Floor ~drr 633 Court Street 7 ~ Reading, PA 196Q1 8 ~~.Q~s* C~~~~Y Eric J. Weakrtiect+ DOCKET NO. 07-7536 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Phone: 610.478.6240 Fax: 610.478.6222 Sheriff AFFIDAVIT OF SERVICE Anthony Damore, Chief Deputy Personally appeared before me, Joseph Roslin, Deputy for Eric J. Weaknecht, Sheriff of Berks County, 633 Court Street, Reading, Pennsylania, who being duly sworn according to law, deposes and says that on 7/28/2010 2: 40:OOPM, he served the annexed COMPLAINT IN CNII, ACTION upon ANDREW A. ANGLE, within named defendant, by handing a copy thereof to ANDREW A. ANGLE, HIM personally , at 165 MAIN STREET, BUILDING 30, South Heidelberg Township, Berks County, Pa., and made known to defendant the contents thereof. ~. ~ . n DEPUTY SHERIFF OF BERKS COUNTY., PA Sworn and subscribed before me Joseph Roslin 's day of Aug, 2010 NOTARY PUBL C, READING, BERKS CO., PA NOTAR1Al SEAL REBECCA OXENREIDER Notory Publlc READING CITY, BERK8 COUNTY MY Commlalon Expires Feb 22, 2412 Sheriffs Costs in Above Proceedings $ 100.00 DEPOSIT $ 36.00 ACTUAL COST OF CASE $ 64.00 AMOUNT OF REFUND Services made as set forth above So Answers, ~G~- SHERIF OF BERKS COUNTY, PA Eric J. Weaknecht All Sheriffs Costs shall be due and prayable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs fees on the same before he s~all be obligated by law to make return thereof. ;Sec. 2, Act of June 20, 1911, P.L/ 1072 Dedicated to public service with integrity, virtue & excellence www.countyofberks.com/sheriff FILEQ-CFIF? OF 7-1E ""\!nTAQV Kerrigan Legal Services Megan A. Kerrigan, Esquire Attorney for Defendant No.: 307279 P.O. Box 680 Harrisburg, PA 17108 Phone: 717-557-5470 Fax: 717-585-6557 megankerriganlaw@gmail.com 3: 51 CUMBER 4, j-) !?'!JUNTY PErN&SYLVAUN A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, No.: 07-7536 Plaintiff, vs. ANDREW ANGLE, Defendant. CIVIL ACTION-LAW PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Mr. Angle, by and through his attorney, Megan A. Kerrigan, Esquire, and makes the following preliminary objections to Plaintiffs complaint pursuant to Pa. R.Civ. P. 1028(a)(2) and (a)(3) on the grounds of insufficient specificity and failure to conform to law or rule of court, for the following reasons: COUNT I - LACK OF SPECIFICITY-VISA LOAN 1. On December 17, 2007, Plaintiff initiated this matter by and through its attorney's, Van Ecl & Van Eck, P.C. filing a Complaint in Civil Action. 2. No further action was taken in this action until July 15, 2010, when Plaintiff Reinstated Complaint, by and through its attorneys Barley Snyder LLC and Shawn M. Long, Esquire. 3. The Complaint alleges that Defendant is liable to Plaintiff for a Visa loan debt, in the amount of $1,440.62, plus interest, attorney's fees, and costs; however, Plaintiff fails to state a basis for its claim. 4. Pa. R.C.P. 1019(1) requires that "when any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient so to state, together with the reason, and to set forth the substance in writing." To support its claim, Plaintiff must allege and attach documents that contain: (a) the charges that are part of the claim; (b) the dates of those charges; (c) credits for any payments; (d) dates and amounts of other charges; and (e) dates and amounts of other charges. Target National Bank v. Samanez, et al., Case Nos. AR07-009777 and AR076-009418 (Allegheny Cty. C.P., December 26, 2007), attached as appendix A, citing Worldwide asset Purchasing, LLC v. Stern, 153 P.L.J. 111 (2005). 6. The Complaint lacks the requisite degree of specificity in that it seeks recovery of a specific amount of money that is allegedly due without offering sufficient documentation or other explanation to support the averment that the alleged amount is due, including but not limited to the dates or amounts of the purchases or other charges that are part of the claim, the dates and amounts of interest charges that are part of the claim, and the dates and amounts of credits for payments, if any. By virtue of this failure, the Complaint fails to set forth the material facts upon which the claim is based. 7. The Complaint further lacks the requisite degree of specificity in that it fails to set forth the contractual basis for the claims for interest or attorney's fees. WHEREFORE, Defendant requests pursuant to Pa. R.C.P. 1028(a)(3) that this Court strike or dismiss Plaintiffs Complaint, and that it grant such other relief as is just and proper. COUNT 2 - FAILURE TO ATTACH ACCOUNT APPLICATION AND AGREEMENT-VISA LOAN 8. All previous allegations are incorporated herein by reference. 9. Pa. R.C.P. 1019(i) requires that "when any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient so to state, together with the reason, and to set forth the substance in writing." 10. Paragraph number Five (5) of Plaintiff s Complaint states "Defendant applied to Plaintiff for a Visa loan. A true and correct copy of said application is attached hereto, incorporated herein and marked as Exhibit'A'." 11. Exhibit "A" of Plaintiffs Complaint consists solely of a signature page alleged to be part of account application for this Visa loan and purported to be signed by Defendant. 12. Pa. R.C.P. 1019 requires that when a claim is based on a written agreement, the pleader is required to attach a copy of the original signed and dated agreement to the Complaint, including all terms and conditions, both original and amended, applicable to the credit card agreement. Target National Bank v. Samanez, et al., Case Nos. AIZ07-009777 and AR076- 009418 (Allegheny Cty. C.P., December 26, 2007), attached as appendix A, citing Worldwide asset Purchasing, LLC v. Stern, 153 P.L.J. 111 (2005). 13. The Plaintiff failed to attach the full contractual agreement the Defendant presumably signed for her to receive a Visa loan from the Plaintiff. WHEREFORE, Defendant requests pursuant to Pa. R.C.P. 1028(a)(2) that this Court strike or dismiss Plaintiff's Complaint, and that it grant such other relief as is just and proper. COUNT3 - LACK OF SPECIFICITY-BREACH OF CONTRACT 1. All previous allegations are incorporated herein by reference. 2. The Complaint alleges that Defendant is liable to Plaintiff for a credit card debt, in the amount of $8,156.01, plus interest, attorney's fees, and costs; however, Plaintiff fails to state a basis for its claim. 3. Pa.. R.C.P. 1019(i) requires that "when any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient so to state, together with the reason, and to set forth the substance in writing." 4. To support its claim, Plaintiff must allege and attach documents that contain: (a) the charges that are part of the claim; (b) the dates of those charges; (c) credits for any payments; (d) dates and amounts of other charges; and (e) dates and amounts of other charges. Target National Bank v. Samanez, et al., Case Nos. AR07-009777 and AR076-009418 (Allegheny Cty. C.P., December 26, 2007), attached as appendix A, citing Worldwide asset Purchasing,LLC v. Stern, 153 P.L.J. 111 (2005). Paragraph Thirty-two (32) of Plaintiff's Complaint states that "Plaintiff as submitted to Defendant a copy of the statement of account accurately showing all debits and credits for transactions with Defendant[;]" however, Plaintiff fails to attach any documentation showing actual debits and credits for transactions, only a projected schedule in Exhibit "C". 6. Furthermore, Plaintiff indicated that Defendant's car was repossessed and sold at public sale, yet fails to attach documents or allege the amount received for the vehicle from public sale, nor the amount of the resulting deficiency, if any. 7. The Complaint lacks the requisite degree of specificity in that it seeks recovery of a specific amount of money that is allegedly due without offering sufficient documentation or other explanation to support the averment that the alleged amount is due, including but not limited to the dates or amounts of the purchases or other charges that are part of the claim, the dates and amounts of interest charges that are part of the claim, and the dates and amounts of credits for payments, if any. By virtue of this failure, the Complaint fails to set forth the material facts upon which the claim is based. 8. The Complaint further lacks the requisite degree of specificity in that it fails to set forth the contractual basis for the claims for interest or attorney's fees. WHEREFORE, Defendant requests pursuant to Pa. R.C.P. 1028(a)(3) that this Court strike or dismiss Plaintiff's Complaint, and that it grant such other relief as is just and proper. 9. All previous allegations are incorporated herein by reference. Date: /j4v Respectfully submitted: ?Aw ! v Y Meg . Kerrigan, Esquire Attorney for Defendant No.: 307279 P.O. Box 680 Harrisburg, PA 17108 Phone: 717-557-5470 Fax: 717-585-6557 megankerriganlaw@gmail.com CERTIFICATE OF SERVICE I, Megan A. Kerrigan, Attorney for Defendant, certify that I served a copy of Defendant's Preliminary Objections by first class mail, postage prepaid, on the date below, addressed to: Barley Snyder, LLC Attn: Shawn M. Long, Esquire 126 E. King Street Lancaster, PA 17602 Date: KER N LEGAL SERVICES BY: MEGAN A. KERRIGAN, ESQUIRE ATTORNEY FOR DEFENDANT IN THE COURT OF COMMON! PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION-LAW PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff, vs. ANDREW A. ANGLE. Defendant. AND NOW, this day of No. 07 - 7536 CIVIL ORDER , 2010 upon consideration of the within Preliminary Objections and argument in open court, it is hereby ORDERED, ADJUDGED, AND DECREED that Plaintiff's Complaint is dismissed. BY THE COURT: J. ATTEST: Prothonotary PAGE 76 Supplement to The Lawyers Journal VOLUME 156 NO. 7 were filed as to this parcel for tax years 2002, 2003, or 2004.' On May 3, 2005, the School District filed a tax assessment appeal for 2005. On November 28, 2005, the Board of Property Assessment Appeals and Review kept the assess- ment at $176,700. The School District appealed to the Board of Viewers. The second and third parcels that are the subject of this litigation (Parcel 808-S-194 and Parcel 808-P-271) are referred to as the Fanwood Knolls Plan of Lots. On May 17, 2001, the Foxwood Plan was acquired for 5600,000. At the time of acquisition, Parcel 808-S-194 had an assessed valua- tion of $35,500, and Parcel 808-P-271 had an assessed valua- tion of $114,500. No tax assessment appeals were filed as to these parcels for tax years 2001, 2002, 2003, and 2004.2 On May 3, 2005, the School District filed a tax assess- ment appeal for both parcels. On September 19, 2005, the Board of Assessment Appeals and Review kept the assessed value of the two parcels at $35,500 and $114,500. The School District appealed the decision as to both parcels to the Board of Viewers. The Board of Viewers has postponed any hearing pending a ruling by this court as to the applicability of Section 13 of the assessment legislation governing counties of the second class (72 P.S. 45452.13) to the assessments of these parcels. This section reads, in relevant part, as follows: No land assessed as acreage or unimproved proper- ty, which is subsequently laid out in residential lots and the plan of such lots is recorded, shall be assessed in excess of the total assessment of the land as acreage or unimproved property until such time as the lots are actually improved with perma- nent construction of any new building and either sold to a bona fide purchaser or occupied for resi- dential purposes. Assessments in Allegheny County are based on 2002 val- ues. Thus, under Section 13, assessments for years 2005-2007 must be based on the 2002 assessed value of the land as acreage or unimproved property. No assessment for years 2005-2007 may take into account increases in value attribut- able to the development of the property However, neither Section 13 nor any other provision of the Second Class County and General Assessment Laws bars a taxing body from appealing an assessment of land that has been approved for residential development, or that is being developed, on the ground that the assessed value of the land as acreage or unimproved property is less than the fair market value as of 2002 of the land as acreage or unimproved property. The purpose of Section 13 is to encourage the develop- ment of vacant and unimproved property for residential use by not requiring the developer to pay taxes based on improvements made to the property until a new building is constructed and the property is either sold or occupied. In Re: Appeal from the Action of the. Boars: of Property Assessment Appeals and Review of Allegheny County regard- ing the Assessments of Residential Property owned by vari- ous owners and situated in Allegheny County, Pennsylvania v. t County of Allegheny and various Municipalities and School Districts, 1.51 P.L.J. 9 (2002). Section 13 achieves this purpose by providing that land which is being developed shall contin- c ue to be assessed as acreage or unimprcveed prupr--- until a c lot is improved with a new building and either sold or occu- d pied for residential purposes. In these proceedings, the pro- d tections of Section 13 do not apply because the School District is claiming only that the 2002 fair market values of the prop- erties as acreage or unimproved property is greater than their current assessed values. For these reasons, I enter the following Order of Court: ORDER OF COURT On this 3rd day of December, 2007, it is ORDERED that the Board of Viewers shall hear the tax appeals in BV05- 000618, BV05-000201, and BVOS-000203 and shall make its decision based on the ruling made in this Opinion. BY THE COURT: s; Wettick, A.J. ' On February 12, 2002, Maronda Homes filed an application for approval of a plan of lots with Moon Township. Approval was received on August 3, 2005. An application for approval of subdivision plan for Foxwood Plan was filed by Maronda Homes on February 12, 2002. On July 8, 2004, Maronda received final approval for the plan. Target National Bank/Target Visa v. Liz G. Samanez and Target National Bank v John R. Celesti Preliminary Objections-Sufficiency of Complaint 1. Where a complaint does not describe an express agree- ment, the complaint must include sufficient documentation and allegations to permit the defendant to calculate the total amount allegedly due, by reading the documents attached to the complaint and the allegations in the complaint. 2. The defendant's failure to object to an invoice at the time it is received does not result in an implied agreement that the amount claimed to be owed is correct. The defen- dant may question the correctness of the claim regardless of whether he or she previously questioned the correctness of the invoices. (Meg L. Burkardt) Gregg L. Morris for Plaintiff. Liz G. Samanez, Pre Se. Thomas J. Dausch for John R. Celesn. No. AR07-009777 and No. AR06-009418. In the Court of Common Pleas of Allegheny County, Pennsylvania, Civil Division OPINION AND ORDER OF COURT Wettick. A.J.. December 19, 2007--The subject of this Opinion and Order of Court is defendants' preliminary objections to plaintiffs' complaints raising noncompliance with the pleading requirements of Pa. R.C.P. 1019 because of the failure of plaintiffs to attach the monthly credit card statements upon which plaintiffs' claims are based, and plaintiffs' failure to attach writings that govern the defen- dants' obligations. 1. Target National Bank/Target Visa v. Samanez The complaint filed by plaintiff ("Target") alleges that defendant opened an account with plaintiff for the purchase of goods and services. Plaintiff maintains accurate books of account recording all credits and debits for this account. Defendant received monthly statements setti.^.e^ forth the nature and amount of all charges made by defendant. Defendant refuses to pay a balance due and owing of $8,215.84. The only writing attached to plaintiff's complaint is a July 25, 2007 closing statement showing a previous balance of 58.180.84, late charges of $35.00, a new balance of MARCH 2 8. 2 0 0 8 Supplement to The Lawyers Journal PAGE 77 58,215.84, an amount past due of 51,814.34, and a minimum payment due of $8,215.84. In Worldwide Asset Purchasing, LLC v. Stern, 153 P.L.J. 111 (2004), and in FIA Card Services, N.A. v. Kirasic, AR06- 009360, 156 P.L.J. 39 (November 7, 2007), I addressed pre- liminary objections to complaints to recover credit card bal- ances based on a failure to attach the writings setting forth the terms and conditions of the credit card agreement and documents to support balances allegedly due. In Worldwide Asset Purchasing, Bank of America was the issuer of the credit card and suit was brought by Worldwide Asset Purchasing. I ruled that Worldwide Asset Purchasing was required to attach to the complaint the written assign- ment or assignments that traced ownership of the account from Bank of America to Worldwide Asset Purchasing. In Worldwide Asset Purchasing, the credit card compa- nies filed complaints which attached only one monthly state- ment showing the balance allegedly due. I ruled that the complaints failed to comply with the requirements of Rule 1019 that a plaintiff shall (1) set forth the material facts upon which a cause of action is based and (2) attach the writings when a claim is based on a writing. I said that whenever a claim involves one period of time in which the initial terms - and conditions of the credit card agreement apply and other periods of time in which amended terms and conditions Y apply, the plaintiff must attach to the complaint both tile original an aid terms and conditions with the dates on Xv which applicable.' at a complaint in which a plaintiff seeks 1 recovery of a specific amount of money that is allegedly due must include documentation or allegations supporting recov- ery of this amount. I said that a complaint must contain suf- icie-it documentation and allegations to permit a defendant to calculate the total amount of damages that are allegedly due by reading the documents attached to the complaint and the allegations in the complaint.' In FIA Card Services, the plaintiff's initial complaint alleged that the defendant received monthly statements which accurately stated all purchases and payments made during the month, interest charges imposed on the unpaid balance, and the amount due. The complaint stated that as of November 9, 2006, the remaining balance was $22,061.86. The defendant filed preliminary objections based on my ruling in Worldwide Asset Purchasing that requires a credit card company to attach writings showing the terms and conditions of the applicable credit card agreement(s) and the applicable monthly statements which support the amount that is claimed. Card Services filed an amended complaint which attached the monthly statement upon which it based its claim for $22,061.86. However, re did not attach any writings showing the terms and condi- tions of the credit card agreements applicable to the defen- dant during the relevant times. Consequently, I sustained the defendant's preliminary objections to the amended complaint with leave to amend. Card Services filed a second amended complaint which stated that it was unable to attach a copy of the applicable writings governing interest rates and fees during the rele- vant times. However, in the second amended complaint, Card Services only sought payment of the amount of the cash advances and purchases identified in the invoices attached to the complaint, less payments made to the plaintiff as set forth in the invoices. " Card Services attached to its second amended complaint Pr a :November 2004 statement showing a balance of $0.00 for the beginning of the billing cycle. Card Services also attached to the complaint the monthly statements from November 2004 through August 2006. The total amount of the cash advances and purchases shown on these statements, less the total amount of payments shown on these state- ments, was $16,251.99. In this lawsuit, this was the only money that Card Services sought to recover. I overruled the defendant's preliminary objections, stat- ing that while the plaintiff cannot produce the writings that govern the defendant's obligations during the period in question, the defendant does not dispute that the credit card that is the subject of this litigation was issued by the plain- tiff to the defendant in 1990. A fact-finder may assume that any writing governing the defendant's obligations to the plaintiff between 1.990 and August 2006 included the obliga- tion to pay the cash advances and purchases shown on the invoices. Thus, the writings that the plaintiff cannot pro- duce would be needed only to establish finance charges, late fees, over limit fees, and the like that the plaintiff may have been permitted to impose. However, the claim raised in the second amended complaint does not include any of these items. Consequently, the writings that the plaintiff attached to the second amended complaint supported the claim that the plaintiff is raising. I stated: In summary, in consumer credit transactions, the Pennsylvania Rules of Civil Procedure require a credit card issuer seeking to recover money allegedly due to attach to the complaint the writ- ings which support the claim which the credit card issuer is making. Invoices showing cash advances or purchases support a claim for payment of these items. Id. @'4. In the present case, Target contends that my rulings in Worldwide Asset Purchasing and FIA Card Services do not apply. According to Target, this is a lawsuit to recover an account stated. Target has alleged that defendant received monthly statements and never raised any objections to the contents of the statements. Consequently, according to Target, she has agreed to pay the balance set forth in the final statement so any writings describing the relationship between the parties and the monthly charges and credits set /fbrth in prior statements are irrelevant.' The law recognizes a lawsuit based on an account stated where the complaint describes discussions between the par- I ties or other back and forth communications as to the 1 amount that is due. Once an agreement is made as to theQ rub, amount that will resolve the dispute, this account stated con- 1? stitutes a new and independent cause of action superseding any antecedent cause of action. There may be situations in which a party's silence will b deemed to be an agreement to make payment of the amount set forth in a statement, in which instance it is not necessary or the creditor to introduce documents concerning the underlying transaction or documents supporting the amount of damages set forth in the statement. However, the failure to object cannot be construed as assent to pay the amount set forth in the statement unless the creditor can plead facts in addition to the failure to object to the invoice which show an express or implied agreement to pay the amount set forth in the invoice. Traditionally. an account stated was a promise by a debtor to account one which the nartie a ex ressl Watter H.E. Jaeger, 15 Williston or Contracts £1862 (3d ed. 1972). The doctrine was expanded to include an implied promise by th? a debtor to the cre rtorc "To establish an account stated there must be a contra?Ween the parties that is an express or implied nmlep by the debtor to the creditor" Id at 566 (footnote omitted). i i r c c d PAGE 78 Supplement to The Lauiers journal Black's Law Dictionary 18 (8th ed. 2004) defines account stated as follows: A balance that parties to a transaction or settle- ment agree on, either expressly or by implication. The phrase also refers to the agreement itself or to the assent giving rise to the agreement. Standard Pennsylvania Practice (Secondi, Action on account stated describes an account stated as follows: An account stated is an account in writing, exam- ined and accepted by both parties. Observation: An account stated is an agreement between parties to an open account; it includes a promise by the debtor, express or implied, to pay that balance. To produce an account stated, the account must be rendered, and the other party must accept, agree to, or acquiesce in the correctness of the account. 4 Standard Pennsylvania Practice 2d 422:17 at 303 (2001) (footnotes omitted). The creation of an account stated is discussed in Contracts, Sections 512 and 513 of the Pennsylvania Law Encyclopedia (Second). The relevant portions of the discus- sion are set forth below: 5512. -• General Considerations An account stated has been defined as an account in writing, examined and expressly or impliedly accepted by both parties thereto, as distinguished from a simple claim or a mere summary of accounts. In an action upon an account stated, it is not neces- sary to show the nature of the original transaction or indebtedness or to set forth the items entering into an account in the pleadings. However, in an action of enforcement of accounts stated, the plain- tiff must prove there is an account in writing, examined and accepted by both parties, of which acceptance need not be expressly so, but may be implied from the circumstances. There must also be evidence of an acceptance, at least from the cir- cumstances, by the defendant. 13 P.L.E.2d Contracts 4512 at 9-10 (2001) (footnotes omitted). 5513. -- Assent of Parties as to Account To produce an account stated, the account must be rendered, and the other party must accept, agree to, or acquiesce in the correctness of the account, under such circumstances as to import a promise of payment on the one side and acceptance on the other. In short, there must be a meeting of the minds, and there can be no account stated where the account rendered meets with general objection. Acceptance or acquiescence need not be manifest- ed expressly, but may be implied from the circum- stances. Where the debtor has had an opportunity to scrutinize the account, his silence is prima facie evidence of acquiescence in an account stated, but the rule is otherwise if the debtor makes a timely objection. Something more than mere acquiescence by failing to take exception to a series of statements of account received in the mail is required to create an account stated. 13 P.L.E.2d Contracts 4513 at 11- 12 (2001) (footnotes omitted). I have reviewed the limited Pennsylvania case law dis VOLUME 156 NO. 7 cussing an action upon an account stated. The case law is accurately summarized in Sections 512 and 513 of the Pennsylvania Law Encyclopedia. The opinions in the following cases appear to be the most recent Pennsylvania state court published opinions address- ing the cause of action of an account stated: Obern yer, Rebmann, Maxwell & Hippel v. Banta, 28 Pa. D.&C.4th 225 (C.P. Phila. 1996), aff'd in part, vacated in part, 687 A.2d 866 (Pa.Super. 1996); Rush's Service Center, Inc. v. Genareo, 10 Pa. D.&C.4th 445 (C.P. Lawrence 1991); C-E Glass v. Ryan, 70 Pa. D.&C.2d 251 (C.P. Beaver 1975); and Ryon v. Andershonis, 42 Pa. D.&C.2d 86 (C.P. Schuylkill 1967). In Obermayer, the Court stated that in the action of enforcement of accounts stated, the plaintiff must prove there is an account in writing examined and accepted by both parties. 28 Pa. D.&C.4th at 233. Acceptance by the defendant may be implied from the circumstances. Id In this case, the Court found acceptance because the defendant expressed concern to the plaintiff about his ability to pay the fees recorded in the accounts. Id at 233-34. In Rush's Service Center, the Court stated that a com- plaint states a cause of action upon an account stated if it contains averments that there had been a running account, a balance remains due upon the account, the account has been rendered to the defendant, and the defendant has assented to the account. 10 Pa. D.&C.4th at 447. The Court overruled the defendant's preliminary objections because the complaint contained the necessary averments. Id at 448. The opinion never described the allegations in the com- plaint which would support a finding that the defendant assented to the account. In C-E Glass, the plaintiff alleged that it sent statements each and every month. 70 Pa. D.&C.2d at 252. It attached to the complaint a monthly statement of account showing the amounts allegedly due for each of four invoices and a total balance due. It did not include information about the goods purchased or the amounts charged. The Court held that these allegations did not state a cause of action on an account stated because "something more than mere acquiescence by failure to take exception to a series of statements of accounts received in the mail is required." Id at 253. In Ryon, an insurance broker sued for insurance premi- ums. 42 Pa. D.&C.2d at 87. The complaint alleged that an account had been stated and the defendant has refused and neglected to pay the account. The Court ruled that these alle- gations did not set forth a cause of action on an account stat- ed: "(m jutual assent to the correctness of the computation is essential to an account stated. Here, there is no allegation that defendant assented to the correctness of the account submitted to him." Id at 88 (citations omitted). According to this legal authority which I have described, there cannot be an account stated without evidence showing an agreement (express or implied) that the defendant owes the amount set forth in the account. Plaintiff's complaint does not include any factual allegations that would support a finding of an express or implied agreement that the card- holder will pay the amount set forth in the statement attached to plaintiff's complaint. It appears to be plaintiff's position that a recipient of an invoice is estopped from requiring the parry submitting the invoice to prove the accuracy of the amount claimed in the ..-mice unless the recipient has contested the accuracy of the invoice upon which plaintiff's complaint is based. Even if there are situations in which this position may have merit, it is without merit in credit card transactions because it is based on the assumption that the recipient, upon review of an invoice, can readily determine whether this is an amount that he or she owes. i. P? MARCH 28, 2008 Supplement to The Lawyers,Journal PAG E 79 This is not an accurate assumption in credit card transac- tions. Credit cardholders who do not pay the full amount of the new balance usually do not know whether any charges, other than the charges for purchases and cash withdrawals, are cor- rect. It is reasonable to assume that most credit cardholders have never attempted to read the entire initial cardholder agreement Furthermore, even if they attempted to do so, it is unlikely that they would fully understand what they have read. Also, most agreements provide that they can be amended upon fifteen days notice, and frequently the monthly statements are accompanied by amendments to the initial agreement that can- not be understood unless the credit cardholder has access to and does review the initial agreement, subsequent amend- ments, and the newest amendment. This does not occur. In the present case, for example, the annual percentage rates in the monthly statements from October 25, 2005 through September 25, 2007 frequently differed from month- to-month. In January 2006, the annual percentage rate for purchases was 20.9990; in May 2006, the annual percentage rate for purchases was 21.74%; in August 2006, the annual percentage rate for purchases was 22.24%; in December 2006, the annual percentage rate for purchases was 22.24%; and in March 2007, the annual percentage rate for purchas- es was 28.24%. For several months, there was a late payment fee charge of $35.00. While the credit cardholder, looking at the statement, can see the amount of the charges that were imposed, he or she is unlikely to know whether the charges are consistent with the writings governing the cardholder's obligations. Consequently, he or she is not in a position to either agree or disagree with the amount of the balance in any monthly statement that does not begin with a $0.00 balance. The above description of the cardholder and issuer rela- tionship is consistent with the findings in a September 2006 108-page report prepared by the United States Government Accountability Office titled Credit Cards-Increased Complexity in Rates and Fees Heightens Need for More Effective ;Disclosures to Consumers, www.gao.gov, Document GAO-06-929 (9,12006) (the "Report"). The portion of the Report titled Results in Brief, states that disclosures are too complicated for many consumers to understand. Id at 4-6. In addition, the disclosures are often poorly organized, burying important information in the text, and scattering information about a single topic in numerous places. Id at 6. The design of the disclosures often makes the disclosures hard to read with large amounts of the text in small, condensed typefaces and poor, ineffective headings. Id at 6. The cardholder is not in a position to agree or dis- agree with the charges on a monthly statement that are unre- lated to the cash withdrawals and purchases shown on the monthly statement because the obligations imposed on the cardholder are not easily understood. Prior to 1990, most issuers charged a fixed interest rate and imposed few other charges. Thus, furnishing an ade- quate disclosure was relatively easy. Today, credit cards fea- ture complex pricing structures. Id. at 13. Most cards now assess one interest rate on balances from the purchase of goods, another on balances that are transferred from anoth- er credit card, and a third on balances that result from using the card to obtain cash. Also, the cards usually provide for payments to be allocated first to the balance assessed at the lowest interest rate. Id at 14-15, 27. In addition to having separate rates for the different transactions, the cards increasingly impose interest rates that vary periodically as market interest rates change. Issuers typically establish these variable rates by taking the prevailing level of a base rate, such as the prime rate, and adding a fixed percentage amount. They frequently reset the interest rates on a monthly basis. Id. at 15. Most credit cards provide for a penalty fee, described as a late fee, which issuers assess when they do not receive at least a minimum required payment by the due date. Most of the cards have a tiered fee structure depending upon the amount of the balance held by the cardholder (e.g., $15.00 late fee where the balances are between $100.00 and $250.00; $25.00 to $29.00 fee on accounts with balances up to $1,000.00; and $34.00 to $39.00 fee where the balance exceeds $1,000.00). Id at 19-20. Most issuers also assess cardholders a penalty fee for exceeding the credit limit, with the over limit fee also involv- ing the use of a tiered structure. Id. at 20-21. Cards frequent- ly have total credit limits at a lesser limit for cash. Id at 22. Also, issuers do not reject purchases during the sale author- ization even though the transaction puts the cardholder over the card's credit limits, thereby exposing the cardholder to an over limit fee and a higher interest rate. Id at 30. Many cards provide for higher interest rates to be assessed if cardholders make late payments or exceed the credit limit. Id at 24. Many cards also provide for increased rates when cardholders fail to make payments to other cred- itors. Id. at 24-25. Most of the cards also provide for the cardholder to pay fees for certain services (e.g., 3% of cash advance amounts, 3% of transfer of a balance from another creditor, 390 of pur- chases made in a foreign country). Id at 23. The Report concluded that the disclosures which provide information about the costs and terms of using credit cards "had serious weaknesses that likely reduce their usefulness to consumers;... The disclosures... [were] written at a level too difficult for the average consumer to understand, and [had] design features, such as text placement and font sizes, that did not conform to guidance for creating easily readable documents. When attempting to use these disclosures, card- holders were often unable to identify key rates or terms and often failed to understand the information in [the] docu- ments." Id. at 33. The pricing structures depend upon the circumstances of the cardholder, and credit card disclosures are inadequate to inform cardholders as to the interest rates, fees, penalties, and other costs that may be imposed. The Report stated that the "disclosure documents were written such that under- standing them required a higher reading level than that attained by many U.S. cardholders; ...nearly half of the adult population in the United States reads at or below the eighth- grade level." Id. at 38. Accordingly, the Securities and Exchange Commission recommends that disclosure materi- als be written at a sixth-to eighth-grade level. Id. Disclosures of credit card issuers on average were written "at a reading level commensurate with about a tenth-to twelfth-grade edu- cation." Id. at 37. An understanding of the disclosures in the solicitation letters would require "an eleventh-grade level of reading comprehension, while understanding the cardmem- ber agreements would require about a twelfth-grade educa- tion. Id. In addition, certain portions of the typical disclosure documents required even higher reading levels to be under- standable. For example, information about annual percent- age rates, grace periods, balance computation, and payment allocation methods required "a minimum of a fifteenth. grade education, which is the equivalent of 3 years of college education." id. at 38. The Report described additional problems that also pre- vented cardholders from understanding the transactions, even assuming that the relevant documents were available. The disclosure documents do not use effective organization- al structures and formatting. Id at 38. The typical credit PAGE 8 0 Supplement to The Lawyers f ournal VOLUME 156 NO. 7 card disclosure lacks effective organization. Id. at 39. Many of the disclosure documents use font sizes that are difficult to read and thus hinder the consumer's ability to find infor- mation. Id at 41. The typical disclosure documents are over- ly complex and present the relevant information in too much detail, "such as by using unfamiliar or complex terms to describe simple concepts." Id at 46. CONCLUSION It is the position of Target that in litigation instituted by an issuer to recover money allegedly due, a cardholder can- not question the correctness of the claim unless the card- holder previously questioned the correctness of the invoices upon which the claim is based. If I were to accept Target's position, I would be creating a rule of law that imposes an obligation on the part of any person receiving an invoice to respond to the issuer of the invoice. There is no body of law which supports this position. If this were to become the law of Pennsylvania, every lawsuit to recover money allegedly due in which invoices were sent would include two counts- a breach of contract count and an account stated count based on the invoices that the plaintiff furnished the defendant. The cause of action of an account stated is based on prin- ciples of contract law. There must be an express or implied agreement between the creditor and debtor that the debtor owes the amount set forth in the account. Where a complaint does not describe an express agreement, the complaint must include allegations which would support a finding that the cardholder has agreed that he or she owes the amount set forth in the writing. Plaintiff's complaint does not do so. Cardholders do not know whether the finance charges, fees, penalties, and costs set forth in a monthly statement are permitted under the applicable credit card agreement. If cardholders cannot be expected to know whether the infor- mation in the monthly statement accurately states what they owe, there cannot be an express or implied agreement that their silence means that they have agreed that the amount claimed is correct. For these reasons, I am sustaining defendant's prelimi- nary objections. 11. Target National Bank v. Celesti The complaint filed in this case is virtually identical to the complaint filed in the prior action. Target alleges that defendant opened an account for the purchase of goods and services, Defendant made or author- ized a number of purchases and as of July 25, 2006, defen- dant owes $8,121.05 on the account. Plaintiff maintains accu- rate books of account recording all credits and debits. Defendant has received monthly statements and has failed to object to any of these statements. The only document attached to the complaint is a July 25, 2006 statement show- ing a previous balance of $8,086.05, a late payment fee of $35.00, and a new balance of $8,121.05. Defendant has filed preliminary objections based on my Opinion in Worldwide Asset Purchasing. For the reasons that I sustained defendant's preliminary objections in the action at AR07-009777, I am sustaining defendant's preliminary objections to the complaint filed in this action. For these reasons, I enter the following Order of Court: ORDER OF COURT No. AR07-009 7 7 7 On this 19th day of December, 2007, it is hereby ORDERED that defendant's preliminary objections to plain- tiffs complaint are sustained and plaintiff may file an amended complaint within thirty (30) days. BY THE COURT: /s/Wettick, A.J. ORDER OF COURT No. AR06-009418 On this 19th day of December, 2007, it is hereby ORDERED that defendant's preliminary objections are sus- tained and within thirty (30) days plaintiff may file an amended complaint. BY THE COURT: /s/Wettick, A.J. ' Most credit card agreements permit the issuer to change the terms and conditions of the cardholders' obligations regarding payment of interest, late fees, penalties, and costs and this is a common occurrence. The material facts on which the cause of action is based include a listing of the cash advances, purchases, and charges that form the basis of the amount for which a judg- ment is sought. Those material facts may be pled by attach- ing the monthly invoices to the complaint. ' At the argument on defendant's preliminary objections, counsel for Target, while contending that such writings are inapplicable and not relevant to a lawsuit to enforce an account stated, handed to me the monthly statements Target issued to plaintiff from October 25, 2005 through September 25, 2007. The November 25, 2005 statement begins with a $0.00 balance (i.e., it shows full payment of the previous bal- ance of $265.40). Consequently, at a minimum, Target will be permitted to amend its complaint to attach these invoices and to seek recovery of the total amount of the cash advances and purchases shown on these statements less the total amount of payments shown on these statements. Furthermore, if Target, in an amended complaint, can attach writings that show the terms and conditions of the credit card agreements applicable to defendant during relevant times, plaintiff can also recover finance charges, late fees, and the like permitted under the agreements. In this case, plaintiff is the issuer of the credit card. Consequently, this ease does not involve the requirement imposed in Worldwide Asset Purchasing that the plaintiff attach writings to the complaint that trace ownership of the account from the issuer to the plaintiff. Richard Colella v. Borough of Wilkinsburg and Civil Service Commission of the Borough of Wilkinsburg Statutory Appeal-Fire Department Promotion 1. Highest scoring applicant's appeal was sustained with Borough directed to promote him to Captain of the fire department with seniority, lost earnings and benefits restored retroactively to date of appointment of second high- est scoring applicant. 2. Under the rationale of McGrath v. Staisey, 249 A.2d 280 (Pa. 1968), the Borough did not have discretion under its Borough Code provisions to make its appointment from the top three candidates in a case of prom coon to Fire Department Captain. (1. M. Lundberg) Patrick Sorek for Appellant. Patricia L. McGrail for Borough of Wilkinsburg. Michael B. Kaleugher for Civil Service Commission of the Borough of Wilkinsburg. ?I? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) --------------------------_------------ -- CAPTION OF CASE (entire caption must be stated in full) _ PENNSYLVANIA STATE EMPLOYEES CREDIT UNION vs. ANDREW A. ANGLE ` `?- c 2n >C N No. 07-7536 49M -'- 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demu rrer to complaint, etc.): DEFENDANT'S PRELIMIMARY OBJECTION 2. Identify all counsel who will argue cases: (a) for plaintiffs: SHAWN M. LONG, ESQUIRE (Name and Address) 126 EAST KING STREET, LANCASTER, PENNSYLVANIA, 17602 (b) for defendants: MEGAN A. KERRIGAN, ESQUIRE (Name and Address) PO BOX 680, HARRISBURG, PENNSYLVANIA 17108 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: SHAWN M. Print your C; .? r C:) i --j! CJ ::c © -s ; ?? F3 r-n CD x Attorney for Date: _ INSTRUCTIONS: I. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. ANDREW A. ANGLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 07-7536 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT ORDER OF COURT AND NOW, this 20`h day of January, 2011, upon consideration of Defendant's Preliminary Objections to Plaintiff's Complaint, following oral argument held on January 14, 2011, and it appearing that Defendant did not submit a brief in support of the preliminary objections and that no person appeared at oral argument on his behalf, the preliminary objections are overruled and Defendant is afforded a period of 30 days from the date of this order to file an answer to Plaintiff's complaint. See C.C.R.P. 1028(c)(6) (issues raised but not briefed deemed abandoned). BY THE COURT, 1 14/ L. J. esley Oler /Shawn M. Long, Esq. 126 East King Street Lancaster, PA 17602-2893 Attorney for Plaintiff ? Megan A. Kerrigan, Esq. P.O. Box 680 Harrisburg, PA 17108 Attorney for Defendant .(e? 9 O.pief- a` 00 `-n ? Q ° r" ' =rrn ?r r- J o . ?° C 3 C:) -n ,5 c') ? ? D FILED-OFFICE C-1: i1iE "'4?,Oiti0h10iAR'?' BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 717.299.5201 2311°',R t t P'i 2' Ur BERLAND COUNiYf C, pr- % ,SYLVAhtA No. 07-7536 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. ANDREW A. ANGLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 07-7536 PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, Pennsylvania State Employees Credit Union and against Defendant, Andrew A. Angle, for want of an answer in the amount of $11,227.83 plus interest and costs of suit. (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. ( ) 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. 30179671 QM? V4. 00-fd °t as ?ss No. 07-7536 (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 whom 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 attached. Dater BARLEY SNYDF LLC By: hawn M. Lon Esquire Court I.D. No. 3774 Attorneys for Plaintiff, Pennsylvania State Employees Credit Union 126 East King Street Lancaster, PA 17602 717.299.5201 NOW, MOr(.K 1 , 2011, JUDGMENT IS ENTERED AS ABOVE. Prothonotary/Clerk, Civil Division By: ,DD-+ ) d?? (1 , Deputy Q d' 30179671 No. 07-7536 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY CARLISLE, PA TO: Andrew A. Angle, Defendant YOU ARE HEREBY NOTIFIED that Pennsylvania State Employees Credit Union has caused a judgment by default to be entered against you with the Prothonotary of Cumberland County. The judgment was entered on MOJ (,IA- ti , X011 , to No. 07-7536 with the Court of Common Pleas of Cumberland County - Civil Division. The judgment is in the amount of $11,227.83 plus interest and costs of suit. PROTHONOTARY By: . - ?l Deputy Clerk 30179671 No. 07-7536 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. ANDREW A. ANGLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 07-7536 AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918, RE-ENACTED 1940 The undersigned, Shawn M. Long, Esquire, doth depose and say that Andrew A. Angle, the Defendant is not in the Military or Naval Service, based on the following facts: Age of Defendant is unknown; Present place of employment is unknown; Last known place of Residence is 165 Main Street, Building 30, Wernersville Pennsylvania 19565 as of the date of this affidavit. ADDITIONAL FACTS, if any. The statements set forth in this affidavit are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. BARLEY SNYD By: Sha M. Arftorneys for Plaintiff Court I.D. No. 8377 126 E. King Street Lancaster, PA 17602 717.299.5201 30179671 No. 07-7536 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. ANDREW A. ANGLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 07-7536 AFFIDAVIT OF SERVICE Kelly Cunneen, Paralegal, doth depose and say that she served a true and correct copy of the 10-Day Default Notice upon Andrew A. Angle at 165 Main Street Building 30, Wernersville, Pennsylvania 19565 and Megan A. Kerrigan, Esquire, P.O. Box 680, Harrisburg, Pennsylvania 17108 by regular mail on February 25, 2011 at 5:00 p.m. The statements set forth in this Affidavit are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. BARLEY SNYDER LLC Date: February 25, 2011 By: Jv/11tt/ ? Kelly Cunnee aralegal 126 East King Street Lancaster, PA 17602-2893 717.299.5201 29981361 No. 07-7536 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintif V. ANDREW A. ANGLE, Defendant Attorneys for Plaintiff Pennsylvania State Employees Credit Union IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 07-7536 To: Andrew A. Angle Date of Notice: February 25, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 29981361 No. 07-7536 BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 800.999.9108 BARLEY SN By: S)fawn M- Long, Esquire Court I.D. No. 83774 Attorneys for Plaintiff, Pennsylvania State E ployees Credit Union 126 East King Street Lancaster, PA 17603 717.299.5201 29981361