HomeMy WebLinkAbout08-3771Z)
MEMBERS 1 ST FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
V. : NO. ?? - 3 7 7/
WILLIAM C. BULLOCK
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing
in writing with the Court your defenses and objections to the claims set forth against you.
You are warned that if you fail to do so the case may proceed without you and a judgment
may be entered against you by the Court without further notice for any money claimed in
the Complaint or for any other claim or relief requested by the Plaintiff. You may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
MEMBERS 1sT FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
V. NO.
WILLIAM C. BULLOCK
Defendant
AVISO
USTED HA SIDO DEMANDO/A EN CORRE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los
proximos viente (20) dins despues de la notificacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogando una comparecencia escrita y radicando en la
Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra
suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el
caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la
demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser
dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o
propiedad u otros derechos impotantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE
PAGARLE A UNO, LLAME 0 VAYA LA SIGUIENTE OFICINA PARA AVERIGUAR
DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
MEMBERS 1sT FEDERAL
CREDIT UNION
Plaintiff
V.
WILLIAM C. BULLOCK
Defendant
CIVIL ACTION - LAW
NO.
COMPLAINT
AND NOW comea the Plaintiff, Member's 1St Federal Credit Union, who files the instant
action against Defendant, William C. Bullock, of which the following is a statement:
IDENTITY OF THE PARTIES
1. Plaintiff, Member's 1st Federal Credit Union ("Members 1St") is a federal credit union
organized, licensed, and existing under the laws of the Commonwealth of Pennsylvania
with an address of 5000 Louise Drive, Mechanicsburg, Pennsylvania 17050.
2. Defendant, William C. Bullock ("Bullock"), is an adult individual, who resides at 1355
South River Road, Halifax, Pennsylvania 17032.
FACTS
3. The averments of Paragraphs 1 through 2 are incorporated herein by reference as if set
forth in full.
4. On or about the September 4, 2003, Members 1st issued a Visa credit card ("Credit
Card") to Bullock based on the information contained in a Visa Credit Card Application
("Credit Agreement") completed by Bullock; a true and accurate copy of said application
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
is attached and made part hereof, and marked as Exhibit A.
5. The Credit Agreement extended a revolving line of credit to Bullock, with a credit limit
of $6,000.00 and subject to the terms of the Credit Agreement; a true and accurate copy
of said terms is attached and made a part hereof, and marked Exhibit B.
6. The credit limit on the Credit Card was increased to $25,000.00 by October 17, 2005
pursuant to a request by Bullock; a true and accurate copy of said increase request is
attached and made part hereof, and marked Exhibit C.
7. Bullock used the Credit Card to make various purchases from September 4, 2003 until
approximately August 5, 2007.
8. Bullock made payments toward the Credit Card balance through October 16, 2007, with a
final payment of $440.00 made on said date.
9. As of October 16, 2007 no further payments have been made toward the outstanding
balance on the Credit Card.
10. Members 1St is owed an outstanding amount of $26,870.17 from Bullock.
COUNTI
BREACH OF CONTRACT
11. The averments of Paragraphs 1 through 10 are incorporated herein by reference as if set
forth in fu11.
12. By virtue of the aforementioned Credit Agreement, a valid and binding contract was
created between Members 1 st and Bullock.
13 Bullock has refused and neglected to pay the amount due under the Agreement and has
therefore breached his obligations to Members 1St in accordance with the Credit
Agreement.
14. On or about March 19, 2008 a demand was made on Bullock by certified mail to pay the
outstanding balance, and Bullock has refused and neglected to pay the same on demand;
a true and accurate copy of said letter is attached and made part hereof, and marked as
Exhibit D.
15. As a result of the aforesaid default, Bullock is indebted to Members 1St in the sum of
Twenty-Six Thousand Eight Hundred Seventy and Seventeen One Hundredth
($26,870.17) Dollars, comprised as follows:
Principal Balance: $24,946.69
Unpaid Finance Charges: $1,773.48
Other Unpaid Fees: $150.00
Total: $26,870.17
The terms of the Credit Agreement further provide for payment of Attorney's fees and
costs, and a demand is made therefor.
16. All conditions precedent to Plaintiffs right to recover have been performed or have
occurred.
WHEREFORE Plaintiff, Members 1St Federal Credit Union, respectfully requests entry of
judgment in its favor and against Defendant, William C. Bullock, in the amount of $26,870.17
with attorney's fees and costs in accordance with the agreement.
COUNT II
BREACH OF ACCOUNT STATED
17. The averments in Paragraphs 1 through 16 are incorporated herein by reference as if set
forth in full.
18. Beginning on or about September 4, 2003, Members 1St had an ongoing business
relationship with Bullock pursuant to which Members 1 st made a loan to Bullock, and
Bullock was to pay the loan in accordance with the terms of the Credit Agreement.
19. Members 1St sent statements of account to Bullock regarding the outstanding balance on
the Credit Card, which was issued at Bullock's request.
20. Bullock had the opportunity to review the relevant statements of account and raise any
objections regarding the accuracy of the information contained therein, including, among
other things, the amount stated as due.
21. Bullock never objected to the amounts set forth in the statements or the letter of demand.
22. Despite repeated demands, Bullock has failed to make payment on the amount due. The
balance remains due.
23. As a direct and proximate result of Bullock's failure to pay the account as stated,
Members 1St has been damaged in the amount of $26,870.17.
WHEREFORE Plaintiff, Members 1St Federal Credit Union, respectfully requests entry of
judgment in its favor and against Defendant, William C. Bullock, in the amount of $26,870.17
with attorney's fees and costs in accordance with the agreement.
COUNT III
UNJUST ENRICHMENT
Plead in the alternative
24. The averments in Paragraphs 1 though 23 are incorporated herein by reference as if set
forth in full.
25. By providing Bullock with the Credit Card, Members 1' conferred a benefit upon
Bullock to which Bullock was not entitled.
26. Despite demand, Bullock has refused to pay the monies owed to Members 1St for
purchases made with the Credit Card.
27. By accepting the Credit Card, using it, and refusing to pay the amount due to Members
1St, Bullock has been unjustly enriched at the expense of Members 1St in an amount of
$26,870.17, thereby damaging Members 1St
WHEREFORE Plaintiff, Members 1" Federal Credit Union, respectfully requests entry of
judgment in its favor and against Defendant, William C. Bullock, in the amount of $26,870.17
with attorney's fees and costs in accordance with the agreement.
Respectfully submitted,
LAW OFFICE OF DUANE P. STONE, P.C.
Dated:" l 9 " 0'? By:
Duane P. Stone, Esq.
Attorney for Plaintiff
Attorney I.D. No. 85715
8 North Baltimore Street
Dillsburg, PA 17019
Ph: (717) 432-2089
Fx: (717) 432-0158
VERIFICATION
The above Complaint is based upon information which I have furnished to my counsel
and information which has been gathered by my counsel in preparation of this matter. The lan-
guage of the Complaint is that of counsel and not of me. I have read the Complaint and to the
extent that the Complaint is based upon information which I have given to my counsel, it is true
and correct to the best of my knowledge, information and belief. To the extent that the content
of the Complaint is that of counsel, I have relied upon counsel in making this verification. I
hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
DATE: d (./1,5 D By:
Members 1 sc Federal Credit Union
MEMBERS I ST FEDERAL
CREDIT UNION
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
WILLIAM C. BULLOCK
Defendant
NO.
CERTIFICATE OF SERVICE
AND NOW, this 1 day of J i,? n e , 2008, I hereby certify that I have served a
copy of the Complaint upon the following by depositing a true and correct copy of the same in
the United States Mail, postage prepaid, at Dillsburg Pennsylvania addressed to:
William C. Bullock
1355 South River Road
Halifax, PA 17032
LAW OFFICES OF DUANE P. STONE, P.C.
By: A'..,
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EXHIBIT
B
SA Credit Card Agreement and Disci :e
Notice: See reverse side for important information regarding your rights to dispute billing errors.
1. Meaning of Words. The following words have to following meanings in this Agreement and in the monthly billing statement sent hereunder:
(a) "Agreement' means the Visa Credit Card Agreement and Disclosure furnished by us.
(b) 'we'e'us' and 'out" means Members 1st Federal Credit Union, Mechanicsburg, PA.
(c) You' a h l *your* means each person who signs the application for the Account.
(d) 'Card" means any Visa Credit Card and any duplicates and renewals we issue to you or to an authorized user of your Account.
(e) "Amount' means your Visa Credit Card Account with us.
(f) "Line of Credit' means the self-replenishing line of credit we make available to your Account.
(g) 'Advance' means any credit extended on your Account for any purchases or Cash Advances.
(h) 'Cash Advance' means (i) any cash or credit extended on your Account by us or by any other institution that accepts a Card, (II) any withdrawal of cash made by using a Card and personal identification number ('PIN') at an automated teller machine ('ATM')
or other type of electronic terminal that provides access to the Visa system, (iii) the amount of any Visa Convenience Check paid by us, or (iv) the amount of any balances transferred to your Amount from another credit card or account.
(i) 'Visa Convenience Check" means any check that direly accesses your Amount. The wont of any Visa Convenience Check paid by us is posted as a Cash Advance under your Account.
2. How To Use This Account. Your Amount may be used to purchase or lease goods and services ('purchases') from a merchant by presenting a Card and signing a sales transition receipt for the amount of to purchase or by giving a Card Account number
Your Account may also be used to obtain Cash Advances:
(a) By receiving cash or credit from financial institutions that accept a VISA Credit Card;
(b) By use of Visa Convenience Checks;
(c) By making cash withdrawals with a Card at an ATM or other type of electronic terminal that provides access to the Visa system; or
(d) By transferring to your Account a balance from another credit card or amount.
3. Responsibility. You agree to pay all Advances, finance charges and other tees or charges charged to your Account arising from the use of a Card, a Visa Convenience Check or the Account by you or anyone you authorize or permit to use you Amami, a Visa
Convenience Check or a Card, even if you do not notify us that others are using your Account, a Visa Convenience Check of a Card. Your responsibility for charges made by anyone you aut octal or permit to use you Account, a Visa Convenience Check or a Card
continues until you notify us in willing at 5000 Louise Drive, P. 0. Box 40, Mechanicsburg, PA 17055, and recover and destroy any Visa Convenience Check or Card in such person`s possession. You obligation to pay the Amount balance continues regardless of
the terms of any agreement, divorce decree, or other court judgment to which we are not a party. II more than one person signs to application for the Account, you are each jointly and severally responsible for all charges on de Amount.
4. Liability for Unauthorized Use. You understand that your total liability to us shall not exceed Fifty Dollars ($50) resulting from the loss, theft or other unauthorized use of a Card that occurs prior to the time you give notice to us. Such limllation does not apply
when a Visa Convenience Check is used.
5. Lost Card Notification. It you believe a Card or any Visa Convenience Check has been lost of stolen, you must immediately call us at (717) 795-6032 or 1(BW)-283-2328 during normal business hours. Ater bushels hours (nights and weekends) or on hol-
idays, lost or stolen Cards or VISA Convenience Checks must be reported by calling 1(800)-325-3678.
6. Credit Line. If we approve your application, we will establish a Line of Credit for you and notify you of its amount when we issue a Card. This amount is your credit limit hot the Amount. You agree not to let the Account balance exceed this approved cede limit
Each payment you mare on the Amount will restore your credit limit by the amount of the payment that is applied to the principal balance owed on the Account. You may request an increase in your credit limit, which not be approved by us. We may reduce you
credit limit or termnnaa this Agreement br any reasons not prohibited by applicable law, with only such notice as is required by applicable law. You may also terminate this Agreement at any time, but termination by ether of us does not chit your obligation to
pay the Amount balance. To terminate this Agreement you must notify us in writing at 5000 Louise Drive, P. 0. Box 40, Mechanicsburg, PA 17055, and recover and surrender to us all Cards, and arty issued but unused Visa Convenience Checks. They remain our
property.
7. 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 Amount 1o credit bureaus and other creditors who inquire of us about your
credit standing
8. Payments. We will mail you a billing statement every month slowing your Previous Balance comprised of purchases and Cash Advances, line current transactions on your Account, your credit limit the available credit, the New Balance, the Finance Charges for
the billing cycle, and the Minimum Payment required. Each month you must pay at least the Minimum Payment shown on your statement by the Payment Due Date shown on the statement m no later than 25 days from the statement Closing Date, whichever is
later. If your statement says your paymerd is 'Now Due; your payment Is due no afar than 25 days from the sWe=nt Closing Data. You may pay more frequently, pay more than the Minimum Payment or pay the New Balance in full. If you make extra or larger
payments, you are still required to make at least the Minimum Payment each month your Amount has a balance (other than a credit balance).
The Minimum Payment will be either a) Two percent (2%) of your New Balance or $20, whichever is greater, plus any portion of the Minimum Payment shown on prior statement(s) which remains unpaid, or b) your New Balance, if it is less than Twenty Dollars
($20).
We also have the right to demand immediate payment of any amount by which your New Balance is over your credit limit
We will apply your payments first to any fees, ten to Finance Charges on both Cash Advances and purchases, then to previously billed Cash Advances, then to previously billed purchases, ten to new Cash Advances and then to new purchases.
We may accept checks marked "payment in full' or with words of similar effect without losing any of our rights to collect the full balance of your Account.
9. Finance Charge.
A. The current monthly Periodic hate and corresponding Annual Percentage Bate are set tooth on the "Additional Disclosure which is sent to you together with this Agreement.
8. Variable Rate: The Annual Percentage Rate will be determined by adding the margin to the index value. The Aruaal Percentage Rea can change on to first calendar day of the first billing cycle in each calendar quarter. The margin for Visa Patmm is
5.00% for both purchases and Cash Advances. The margin for Visa Gold is 5.00% for both purchases and Cash Advances. The margin for Visa Classic is 5.50% for both purchases and Cash Advances. The margin for Visa Classic Rate Shaver is 2.00% Inc
both purchases and Cash Advances, subject to a minimum Annual Percentage Rate of 9.9% for the Visa Classic Rate Shaver program. The Index is the highest Prime Rate published in the money rates section of the Wall Street Journal. The Index will
be measured as of the last business day of the immediately preceding calendar quarter. Any increase in the Annual Percentage Rate may cause the amount of the minimum monthly payment to increase. Also, you may have to pay more payments. The Annual
Percentage Rate will never exceed 21 % or the maximum allowed by law, whichever is less. The monthly Periodic (tale is equal to one-twelfth (1/12) of the Annual Percentage Rate.
C. Method A - Average Daily Balance (Ineluding.New Cash Advances): A Finance Charge will be imposed on Cash Advances from the date made or from the first day of the billing cycle in which the Cash Advance is posted to your Amount whichever
is later, and will continue to accrue until the date of payment.
The Finance Charge on Cash Advances for a bitting cycle is computed by applying the monthly Periodic Rate to the average daily balance of Cash Advances, which is determined by dividing the sum of the daily baances during the billing cycle by the
number of days in the cycle. Each daily balance is determined by taking the beginning balance of Cash Advances on your Account each day, adding any now Cash Advances, and subtracting any payments on credits that are applied to Cash Advances but
excluding arty unpaid Finance Charges.
D. Method G - Average Daily Bflowe (Includible New CredR Purchases): A Fiance Charge will be Imposed on purchases only t you elect not to pay to entire New Balance shown on your monthly billing statement for the previous bitting gvde on
or before the Payment Due Date of that statement. If you eted not to pay the entire New Balance shown on your previous monthly billing statement by the Payment Due Date, a Finance Charge will be imposed on the unpaid average daily balance of purdlams
from the previous statement Closing Dale and on new purchases from the date of posting to your Amount during the current billing cycle, and will continue to accrue until the Closing Date of the billing cycle preceding the date on which the en ire New
Balance is paid in full or until the rate of payment it later than the Payment Due Date.
The Finance Charge on purchases for a billing cycle is computed by applying the monthly Periodic Rate to the average daily balance of purchases, which is determined by dividing the sum of to daily balances during the billing cycle by the number of days
in the cycle. Each dally balance is determined by taking the beginning balance of purchases on your Amount each day, adding any new purchases, and subtracting any payments or credits that are applied to purchases, but excluding any unpaid Finance
Charges.
10. Default. You will be in default if you fail to make any minimum payment or other required payment by the dale that it is due. You will be in deault it you break any promise you make under this Agreement. You will be in default if you die, file for bankruptcy, or
become insolvent, that is, unable to pay your obligations when they become due. You will be in default if you make any false or misleading statements in any credit application or update of credit information. You will also be in delaut it something happens which
we believe may substantially reduce your ability to repay what you owe. When you are in deault we can demand immediate payment of the entire amount you owe under this Agreement without giving you advance notice. It immediate payment Is demanded, you
will continue to pay interest, at the applicable interest rates in effect under this Agreement, until what you owe has been repaid. It demand fix immediate payment has been made, the shares and deposits given as security for payment under this Agreement can be
applied towards what you owe. We can also take appropriate action as authorized under the Uniform Commercial Code to repossess any and all collateral pledged to secure repayment under this Agreement. To the extent permited by applicable law, you will also
be required to pay our collection exposes, including court costs and reasonable atlomeys' fees. We can also exercise any other rights given to us by law when you are in default.
11. Using The Card. You may use a Card, Catd Amount number and/or PIN to make transactions on your Account. You will retain the copies of the transition receipts furnished to you in order to verity your monthly billing statement. Youagree tat you will not
use or permit anyone to use a Card or your Amami for any transaction that is illegal under applicable federal, state or local law. You agree that Illegal use of any financial service will be deemed an action of default and/or breach of centred and such a service
and/or other related services may be terminated at our discretion. You further agree, should illegal use occur, to waive any right to sue us for such illegal use or any activity directly or indirectly related to it. Additionally you agree to Indemnify and hold us harm-
less from any suits or other legal action or liability, directly or indirectly, resulting from such illegal use. We reserve the right to decline any transactions that we consider fraudulent, suspicious, or illegal and you further understand that we will not knowingly autho-
rize charges related to online gambling.
Print Date 3/02 CONTINUED ON REVERSE
12, Returns and Adjustments. Merchants and others who honor a C give credit or returns or adjustments, and they will do so by sending us a credit transac ipt, which we will post to your Account. If your credits and payments exceed what you
owe us, we will hold and apply this credit balance toward future purch yid Cash Advances, or if it is one dollar or more, refund it on your written request or autonw ..y after six months.
13. Using Visa Convenience Checks. You may use your Visa Convenience Checks, if available, as you would use a Card to make a purchase or payment or to receive cash. Your Visa Convenience Checks directly access your Account. Ail Visa Convenience
Checks paid by us are treated as Cash Advances hereunder and, except as otherwise indicated, are subject to all terms of this Agreement pertaining to Cash Advances and to the following additional terms:
A. No Visa Convenience Check may be used to make a payment on your Account.
B. Only the person whose name appears on a Visa Convenience Check may use them.
C. Visa Convenience Checks must be written in U.S. Dollars. Visa Convenience Checks may not be certified.
D. We may return a Visa Convenience Check unpaid fi there is not enough available credit on your Account to pay it, if your Account is in default, or if a Card or any Visa Convenience Checks have been reported lost or stolen. A $10 fee will be charged for each
relumed Visa Convenience Check
111. Foreign Transactions. Purchases and Cash Advances made in foreign countries and foreign currencies will be billed in U.S. Dollars. The conversion rate to dollars will be at (f) the wholesale market rate or (ii) the government mandated rate, whichever Is applic-
able in affect one day prior to the processing date, increased by one-percent. On foreign transactions you agree to pay all currency exchange charges.
15. Merchant Disputes. We are not responsible for the refusal of any merchant or financial institution to honor a Card or Visa Convenience Check.
16.
Security Interest. To secure your Account, you grant us a purchase money security interest under the Uniform Commercial Code in any goods you purchase using the Account. m you default, we wur have the ngm to recover any or these goods which have not
been paid for through our application of your payments in the manner described in paragraph 8.
Pledp of Shows Aeces"s) • NITS: To sawn per Asoouat, pe pledge to as and grant a secorffy Warned In a0 joint sad lndMded accounts yes have r llh Idearlers 1st Federal Cr M thrlan saw and In the heirs,
szcopt duares In hdMdunl Nstlrunwnt Aoeerals ad accounts whin the pWp or himsh r of which world pees fl es Ioss of a tsa-sxsepf or lax-deferred shun. Yes aalherian as In apply the bahaw in disco
secesags) to pay our esrwts des oath r this Agraewest N you should dMa ft.
Fees and Other Charges. The following fees and other charges will be added to your Account, as applicable:
A. Annual Fee
Visa Platinum .............. None
Visa Gold ................ None
Visa Classic ............... None
Visa Classic Rate Shaver ..... None
B. Late Payment Charges. If you fail to pay the minimum payment on your Account within fire (5) days of the Payment Due Date, a late payment charge of $30 will be added to your Account.
C. Over-Limb Charge. It your Account balance exceeds your credit limit at any time during the statement period, an over-limit charge of $15 will be added to your Account.
0. Retuned Cheek Fee. It a check or share draft used to make a payment on your Account is returned unpaid because of insufficient funds or for any other reason, you will be charged a fee of $10 for each item returned.
E. Retuned Statement Fee. You will be charged $1 for each monthly billing statement that is returned.
F. Copies of Visa Transaction Receipts and Statements. You will be charged $3 for each copy you request of a receipt for any purchase, credit or Cash Advance or of a monthly billing statement (except in connectlon with the resolution of a billing error.)
Skip Payment Option. We may allow you, from time to time, to omit a monthly payment. We will notify you as to any month in which the option is available. If you omfl a payment, Finance Charges will accrue on your balance in accordance with this Agreement.
A skip payment does not extend the period within which you must pay the New Balance In order to completely avoid Finance Charges on purchases. A minimum payment will be due in the month following the month in which you skip your payment.
Effective Agreement. This Agreement is a contract which applies to all transactions on your Account, even though the receipts you sign or receive for purchases, credits, Cash Advances or other transactions may contain different terms. We may amend this
Agreement from time to time by sending you written notice. 11 required by applicable law, we will give you written notice before the effective date of the amerximent. To the extent applicable law permits, and as we indicate in our notice to you, amendments will
apply to your existing Account balance as well as to future transactions. This Agreement shall be construed in accordance with the applicable laws of the Commonwealth of Pennsylvania and applicable federal laws.
18.
19.
YOUR BILLING RIGHTS - KEEP THIS FOR YOUR RECORDS
This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.
NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR MONTHLY BILLING STATEMENT.
If you think your monthly billing statement is wrong, or if you need more information about a transaction on your statement, write us on a separate sheet of paper at the address listed on your statement. Write to us as soon as possible. We must hear from you no later
than 60 days after we send you the first statement on whirr the error or problem appeared. 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, fi you can, why you believe there Is an error. If you reed more information, describe the item you are not sure about.
If you have authorized us to pay your monthly tilling statement automatically from your Savings 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 (3) business days before the auto-
matic payment is scheduled to occur. .
YOUR RIGHTS 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 explain why we believe the statement was correct.
After we receive your letter, we cannot try to collet any amount you titration, or report you as delinquent. We can continue to send statements to you for the ~I you question, Including finance charges, and we can apply any unpaid amount against your credit limit,
You do not have to pay arty questioned amount wfdle we are InvestigaUfeg, but you are still obligated to pay the parts of your statement Bat 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 arty questioned amount. H we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments 06 ft ques-
tioned amount. In either case, we will send you a stall"t of the amoud you owe and the date lid it is due.
9 you fait to pay the amount that we think you owe, we may report you as delinquent However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we nest tell anyone we report you to that you have a ques-
tion about your statement. And, we must fell 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 8 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, 8 not within your home slate, within 100 miles of your current mailing address; and (b) the purchase price must have been more than $5D.
These limitations do not apply if we own or operate the merchant, or it we mailed you the advertisement for the property or services.
EXHIBIT
C
VISA CREDIT CARD APPLICA. IN a? a:53
OhFICf USE ONLY V1sAA.01_ __ _ - - - A--o':'
P- A
IMPORTANT: Read these dhections before completing this application.
11 you are applying for an Individual account in your own name and are relying on your own income or assets and not the income or assets
of another person as the basis for repayment of the credit requested. complete only the lop and bottom section of application.
O II you are applying for a joint ao=nf or an account that you and another person will use, Complete all Sections, providing information on
check it about the joint applicant or user. -
Appopex We intend to apply for font credt. Applicant X Joint Applicant X
Box U It you are applying for an individual aeoount, but relying on income from alimony, child or separate maintenance or on the moms or assets
of another person as the basis for repayment of the credit requested, complete all Sections to the extent possible, providing information on it
about the person on which the alimony, support, or maintenance payments or income and assets you are relying.
N&W A"L CATION uN
RAMSMIN O CTANNc
O NIN?I tin ADLTI EYALADDRE%
O NASA CNN=fift") /
?
y.?DOtl
OADOAONm AET'LICANr
O PWYwN S J 6 !
AEFL)CANT7 FULL NAME FIRST NIrI1At WE OF OWTH SOCUL SEC Al"' NO
PAESFM S ET ADDRESS AFT. crtI
ZIP CC"
3
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h 12
411
-
HOW TELEPHONE NO GY//
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- MoTTERS pEH NAME
AoESOf oEPENOeNrs
OU9 CARM
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7 --OX'-7 6 IPe Nos l / ?LAr
O NM Nf tlA
PREVIOII$/ICME ADDRESS II LE% EYEARS AT MlSEM ADORESSI NON lONO ATADODE%
(J L?V l / f / INS __7 MOs
PRESENT OCONA PRESEIR EMPIOIER / DATE OF IIWE Ofg65/m'D'.
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PREVIOUS EW'LOOR. OR SCHOOL ATTENDED vREVA)US EMPL(MERE OR SGIDDL AD9RE% NOM LONo
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(FLESSTIM115YEAR3)
O v
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SICOYEFRONWNONT,CHILD SUPPOnr M SSPAM'E E
Du DONWCIIOOSEIOHAVE IT
OP SOMMOFOTHER«COME AYOIIrr
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CONSDERED ASASASIS Fp11EMYINO TMB ONlMTIDM ? r/ J
NAME OF HEAIIESTAIRATNE HOT UAN0-"VDU
ADONE% CRY
STATE IP
RELATIONSHIP
PRIORS
RH FASF PROVIDE THE FOLLOWING INFORMATION ABOUT THE JOINT APPLICANT OR AUTNORRED USER
AELVIONSIM lO APPLICANT Of ArV) MEAANS INACCTSMAAYI EAMII AOORE%
APPLICAN?SfW.NM1E RRST «rtv1 PATE 0f e1RTH SOCMLSECURr1YNO
LAST
PRESENT STREET ADDIE% APT. GTY STATE ZIP CODE
Ua DRUM
w..m O«rwcRln 1NlN LONG ATADDRESS ADES OF DEPENDENTS O? RAAdSN Va«
PNEVKM HOME ADDRESS IF LESS THANS
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MO YR IEIDIEptNMIIEM RAN
STATE ZIP PHONE W
EMPLOIERS ADDRESS EN-O - CRY CODE MISNESS C
__ PREVgUSEMPLOVERE OR SCHOOL ADMESS
11o'N IF IF LESS THAN 5 YEARsI Y
NCONS FROM UNION, CHAD suroom an NFEnm EIAMISNAIICE Six f w OTHErIAVCOIAE AMD«T
,mmms NEED HOT aE REVEALED FYouoolgl oHo=To TNVE IT
CONSIDERED AS A SASE FOR 11EPAYPEDTMS OSUWTICM
NAMEOFNEAREsTPELATrvEN0T04M"THYOU ADDRESS Cltt 6TUE REIATIONSHW
PIICIE
WIDETNE FOLLOYYINO INFORMATION ABOUT APPLICANT AND JOINT APPLICANT
PR
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FLEDGE or ACCOUKTS: M AIaRNIq TaNAM, =._ ===, h ENNY WtlnW M els IAeSrIIIIa ALl011111A MpR SIEIIIYARA TN 'MIN AmMNA IaAASARN
.I pAM UA,M (Arnr«A TAg N AAAUn y«AelauNA. yAU EET« tl pM1 N "A'"s" A fN A AACINAy PRN«t a AN
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CREOTrLWREOUESTEO INCREASE CREDIT LAST TO 0
OCAAOI IIAn V yw IEAIND YYa «RnAIFArIFA cMNA
uc«TA nE.. A Yd++. ,. .. .
PLEASE SIGN APPLICATION 8EF9RE RETURNING AND PROVIDE VERIFICATION OF INCOME
ell,
X
APPLICANTS M"AT II
JoWT AMUCANTa sioNATURE OF Am I
Y -
AIIMORRED USERS SNINATURE OF A%Y) DATE
SEE ArtANIEP AIACLFNIIIRIIFDAIIATIDN
CAEIM CAI! eRANCNOFFICE ONa QONM
OFFICE USE
VISA CREDIT CARD APPLICA1 N
OFFICE USE ONLY VISA ACC N--. -- _ Aooo
' Proaas F
IMPORTANT: Read these directions before completing this application.
D If you are applying for an individual account in your own name and are relying on your own income or assets and not the income or assets
of another person as the basis for repayment of the credit requested, complete only the lop and bottom section of application.
U If you are applying for a joint account or an account that you and another person will use, complete all Sections, providing information on
check it about the joint applicant or user.
Appropriate We intend to apply for pint credit. Applicant % Joint Applicant %
Box ? If you are applying for an Individual account, but relying on income from alimony, child or separate maintenance or on the income or assets
of another person as the basis for repayment of the credit requested, complete all Sections to the extent possible, providing information on it
about the person on which the alimony, support. or maintenance payments or income and assets you are relying.
O APPLICATION APPLgA710N FgYO pFIFa1WN OcN.•N
O NAVE CIMNDE (GNLYI () Gold CI
.
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/A^C EMAIL ANDREM
0AM NPR APPIXANr Q PIAIMFn ?
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INCREASE 171 f
AMUCANr'S FULL wilt jj-,m RNTAL
LAB
DATE Or aRTrN
secMt MCIIIarY AAD
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NNISHT STREET ADD AFT.
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NOME TELEPHONE NO NOW LOCO AT AOORESS SWHEN NAMF AG6$OFDEPENDENTS (3USIdMIF ARM
YRF MOS O H.-FdNn AM.
PREVIOUS NOME ADDRESS OF LESSTNAN SYEARS AT PRESENT ANDRESSI NOW LONG AT ADDRESS
YRS moo
PRESENT OCCUMnON PRESENTEMP.OYER DATE OF NNE oMSSMONTHUYNCONf
ADD YR MIDND[aAaleRRa SRN
ZIP OOOE SUMESS PHONE NO
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PREVIOUS EYPLOIER.OR SCIIOOL ATTENDED 50 50NOOlADME56 wWLONG
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FOR REiRYaG THIS OBLNYAIO
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V
STATE RFUTIDNSWP
NAME OF NEAREST RELATNE Nor LNND YAW VIAI C1 )
O'J,5 I ? ! //??//?? L
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TMF Frurs,riNING INFOR IA in a 4, L-
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NOW LOG 9 ADDRESS
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P1E9« occum om
PRE9FNT r,NROrE'R DATE OF NFE DIMS MONDAY PR,VME
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(4 LEss FNAN SYEARSI PS
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FICDME FROM A 1111pIKMLD 7lDPP'ORT OR SEIERAR MAINTENANCE SOURCEDF AMOUNT
-
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MYYENTENE6DNDiaER6vEMEDFYOUWIIOrCII
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OONSgERFA AS A FWS FOR REMYMp TIES OELgATgN
STATE
pElA1TO119MIP
.NE NOT UVNG WITNYOU ADDRESS Cttv
AEST sin
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,
NAME OF N
A PIgNE
PROVN)E THE FOLLMM6 INFORMATION ABOUT APPLICANT AND JOINT AFFUCwN I
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INSURANCE pRrdMAAT10N DINICra On•AE•EN.o.v P,N.,..,,'?..?...._r_.__,__.._ _ _
? 1 want W. PR«nWan M ea aaiaAlRA aa.aAaOa
PI.EDOe ACCo1ERIa:M •IaIINIa F.I•r, ys• /L•aa• is IMenNE AvIMR AN SAa^I tlr chef uden • M.YntY aa•INt NA aE IFItFRM an•un1F.Hlai a1.I.a«• TN Y.ul •eawM I...INIIa
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BY YDF Sam" belm you C«Fry k wSIN Ma ft MIWnlRRx W M A"APMad^^4 •wa llxxnO.NANgW kI NF DFO MNSaLM•gOFN and SAMF- NY• n.Nw 0"«w0 .la•.
how Y.W-NIaTMrll.y RxP101Rt Nth RNMIeANIsNY- NNR Wd dWF.Mr a." dPNn nMxl yaDOW WFd HP FIRE Alls"ar am Yell we Wall laMF•Rdgant Ellow-INvw
Cad HIDdW AIRMIMnI
CREDIT LIMIT REOUEST°- INCREASE CREDIT LMT TO
Och.* A- A yo. Would M. rpIR+H.aIIrA drdN
Optedh«.Ay ,,-It. TiwW At SWS-kr-ReAldhi V-
PLEA E IGN APPLICAT/IO?N BEFORE ETURNING AND PROVIDE VERIFICATION OF INCOME.
?_ IC ?Aw / tuTa S
APPLKANTS EGNA a -Z d
DATE
JONLT APPLICANTS SIGNATURE (IF ANY) A
Aun10Rmee IYEER'3 sGNATURa (IF ANYIjt OEM
aEE ATn101aDF6ClRMIR6•NDIaMTgAA _ ,O
OFFICEUSE APP i1LME CREDIT LINE tPAdSROFFRAt DIiI, I..
VISA CREDIT CARD APPLICAL iN
OFFICE USE ONLY
_ SUR . 0 0 _ . St ^•.
Lv S A =DD mt1r, GodD Dale _
DO NOT WRITE ABOVE THIS LINE P- A
O HEw MPLIc d"" APIUGGtpM FOR RAISSIMVa AlrbwE N1ACCTr EAMA AOONESs
O MAINE 0.14E IDNLYN O GMR 3L-f
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IOANTS PVlL IU1LIE FMS,
IWE OF EMT.
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BL.,f(oc•, I
APT/ Cm' 8TATE L?COOE
PRESENT STREET ADDRESS
/ION LONG m AOOREss MOTHERS MAIDEN .1. N]ESOFDEPENDENTS OUS CERBR
HOME TELEPHONE NO O Nae.N AMR
mz Mos G / GR D NRnaEWinlAMn
PAELSUR HOME ADDRESS II LESS THAN SYEARS Al' PRESEM ADDRESS) -- At-SS
rFIS MM
- DATE OF HAS
OIIOSB M)NMYIIOOME
PRESENTOCCVMTIOH PRESENT EMPtM
NO YR PRQIOE QERM MYERI!
CRY STATE SP ZIP oulAH?SS PHONE NO
EMPLOIERS ADDRESS STREET NO _
PREVIOUS EMPLOYER OR SCHOM ATTENDED W Y BORSCHOOLAOWESS
OGCUAATION PREVIDIE E; MDW LoNO
(FLESSTHAN$YEARS) YAS NOS
INCOME FROM ALIIgNY. CNLD SUPPORT OR SEPARATE YAMRNANCE S OIRICEOFOMERMCOME
PAYINUM NEED NDT EE REVEALED FYOU W NOT CMOOMITO HAVE IT
CONSIDERSO N A YM6/'011 R[MYIIDTHq OELmATMRI
STATE
REUTIONSIPP
NAME OF NEAREST RELATIVE NOT LHnAI mrH YOU ADDRESS GTY PONE
.,.,,,v 1. _' AM I ". -..- AOCOUNT THA T YOU AND ANOTHER PERSON
wnduM AITO/V ? WILL USE, PLEASE PROVIDE THE FOLLOWING INFORMATION ABOUT THE
AYnNY Aran wA1 AaRrmN Uru O
RELATpNSMPTO APPLICANT IE Arry) AAMONA IRACCTP IN ANI ENAL ADDRESS
PARTIAL DATE OF SARI sot:_ umnlTY NO
FOIST
APPMCANTB.AL MAINE
WT
STATE
AFT, ?. I:N CODE
PRESENTSTREETAODRESS
. AGES OF DEPENDENTS ? Us cow
NOMETEIEPIWNENO HOW 1D.D AT ADDRESS O PAJKWAIR1
O N.-.WM1ANPn
r LONGATAODNESB
PREv10V8ItGME ADDRESS IP LESSTW W SYEARS AT PRESENT ADORESSI
YRS MOE
OmRoPlRae GRDSBMOMNEYMWNE
PASSER, OOOIIMTION PAESENTEMMDYER
Np rR /110MR4MRLMRU i1W
CITY STAIE ZP CODE E1tSM 3 PHONE NO
EMPlOlERS AODINBE STREET MO
ODGIMTION PAEypIR IIMROIFRR d1lCIlOOl AbOREM MON LONG
FlRV I W S fA/IDYER. GR SCNOOI ATTENDED
PFLESSTNAMSYEARSI YRS MOP
MKOAIE FROM A1RMlNY.CNLD BIIPPdif DR EEFEMTE MSIRENAMCE
SOURCE OF OTHER INCOME -
AILDUM
NYYENfi NRRD MOT EE REYEAlIO1FYW OONOTCNOOSEIO NAPE R
CONSIDERED AS A RASLS PoA REMYUIGTMH OlIIOARON
TE
-
REUTIONSMP
LAIM NOT LMNG YANLYOU
ADDRES
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NAME OF NEAREST RE PHONE
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EXHIBIT
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Law Offices of
Duane P. Stone, P.c.
ATTORNEYS AND COUNSELORS AT LAW
Duane P. Stone
Jason B. Duncan
J. Grant Moubry
* Also licensed in New Jersey
March 20, 2008,
P.O. Box 696
8 N. Baltimore Street.
Dillsburg, PA 17019
OFFICE 717-432-2089
1-866-314-7777
FAx 717-432-0158
Duane@StoneatLaw.com
Mr., William C. Bullock
1355 S. River Road
Halifax, PA 17032
.RE: Past due amount for Member's 1't Visa
Account No. 4287-5900-0235-1613
Dear Mr. Bullock:
My firm has been retained to serve. as a debt collector on behalf of
Member's 1st Federal. Credit Union ("Member's 1st") regarding the matter
of your past due credit card balance 'for the above referenced account.
As of . March 10, 2008-the overdue balance. on this account totals
Twenty Six Thousand Eight Hundred Seventy and Seventeen Hundredths
($26,870.17). It, is my understanding that Member's 1st has repeatedly
informed you of the outstanding balance due but received no response
from you. There is nothing to be gained` by. delaying or avoiding
communication; in fact, your silence may have a negative impact on the
future handling of this matter.
This is an attempt to collect the outstanding debt of Twenty Six
Thousand Eight Hundred Seventy and - Seventeen Hundredths
($26,870.17) due and owed to Member's 1st: Unless you notify us within
thirty (30) days of receipt of this letter that you dispute the validity of this
debt or any portion thereof, we will assume that this debt is valid.
Member's 1st has the right to pursue late fees, collection costs, and
attorney's fees.
If you notify us in writing within thirty (30) days after receipt of
this notice that you dispute the debt or any portion thereof, we will
obtain verification of the debt and mail the same to you. Any information
that you provide will be used in the collection of the debt.
Quality, Integrity and Personal Attention
`r006 0100 0004 7137 4183
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SHERIFF'S RETURN - OUT OF COUNTY
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CASE NO: 2008-03771 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MEMBERS 1ST FEDERAL CREDIT UNI
VS
BULLOCK WILLIAM C
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
BULLOCK WILLIAM C
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On July 9th , 2008 , this office was in receipt of the
attached return from DAUPHIN
Sworn and subscribe to before me
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Postage 1.52
.00
38.52
07/09/2008
DUANE STONE
So answers =.
R. Thomas Klin
Sheriff of Cumberland County
? '1?:5J0 P
but was unable to locate Him
deputized the sheriff of DAUPHIN
this day of
A. D.
t w w
In The Court of Common Pleas of Cumberland County, Pennsylvania
members 1st Federal Credit Union
vs.
William C. Bullock 08-3771 civil
No.
Now, Jung 27, Zoos , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
?0-00A
Sheriff of Cumberland County, PA
Affidavit of Service
Now, , 20 , at o'clock M. served the
within
upon
at
by handing to
a copy of the original
and made known to the contents thereof.
So answers,
Sworn and subscribed before
me this day of -,20,
Sheriff of
COSTS
SERVICE
MILEAGE _
AFFIDAVIT
County, PA
:lit.of t4e,94criff
Ma71 aEstate new pnyyder
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
MEMBERS 1 ST FEDERAL CREDIT UNION
VS
WILLIAM C BULLOCK
Sheriff s Return
No. 2008-T-1483
OTHER COUNTY NO. 083771 CIVIL
And now: JULY 3, 2008 at 8:43:00 AM served the within COMPLAINT upon WILLIAM C
BULLOCK by personally handing to WILLIAM C BULLOCK 1 true attested copy of the original
COMPLAINT and making known to him/her the contents thereof at 1355 SOUTH RIVER ROAD
HALIFAX PA 17032
Sworn and subscribed to
before me this 7TH day of July, 2008
11!?
NOTARIAL SEAL
ART JANE SNYDER, Notary Publi
Highspire, Dauphin County
M Commission Ex fires S t 1 2010
So Answers,
Sheriff %XW
By
Deputy heriff
Dep*: G MILLER
Sheriffs Costs: $55.25 7/1/2008
DaviddD. Bueff
Prothonotary
KirkS. Sohonage, ESQ
Solicitor
Wnee X Simpson
IS` Deputy Prothonotary
Irene E. Morrow
2nd Deputy Prothonotary
office of the ftothonotary
Cumberland County, Pennsykania
(08 3-7 -All CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R.C.P 230.2
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 • Carfisfe, PA 17013 9 (717 240-6195 e FaX (717 240-6573