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HomeMy WebLinkAbout08-4692IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff . NO. M_4Cog1 ivi< (erm vs. JONATHAN D FORRY and GWENDOLYN K LEE, Defendants : 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Document #: 180057.1 EN LA CORTE DE ALEGATOS COM UN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. CREDIT UNION, Plaintiff VS. JONATHAN D FORRY and GWENDOLYN K LEE, . Defendants CIVIL ACTION -LAW AV I S O PARA 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 paginas, usted tienen que tomar acci6n dentro veinte (20) di as 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 mas 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 INFORMACI6N 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Document #: 180057.1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff VS. JONATHAN D FORRY and GWENDOLYN K LEE, . Defendants NO. b y- VG 92, CzL_cj -r&- 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, Johnathan D Forry, is an adult individual with a last known address of 706 Allenview Drive, Mechanicsburg, PA 17055-8601. 3. Defendant, Gwendolyn K Lee, is an adult individual with a last known address of 706 Allenview Drive, Mechanicsburg, PA 17055-8601. 4. Defendants are, and at all relevant times material hereto have been, the primary loan applicants. 5. Defendants applied to Plaintiff for a singature loan. 6. The application submitted by Defendants was approved by Plaintiff. Document #: 180057.1 7. Pursuant to the Loan Activation Notice, Defendants 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 Loan Activation is attached hereto, incorporated herein and marked as Exhibit "A". A true and correct copy of the Loanliner Credit and Security Agreement is attached hereto, incorporated herein and marked as Exhibit «B,9 8. Defendants have 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 Defendants on the account. 10. Defendants have defaulted on the loan by failing to make timely and regular payments. 11. The last payment made by Defendants was on July 27, 2007. 12. Defendants were 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 Defendants' account. 14. Plaintiff has submitted to Defendants a copy of the statement of account accurately showing all debits and credits for transactions with Defendants. 15. Defendants have not objected to any of the monthly statements of account submitted by Plaintiff to Defendants. 16. Despite Plaintiff's reasonable and repeated demands for payment, Defendants have failed, refused and continue to refuse to pay all sums due and owing on Defendants' loan account balance, all to the damage of Plaintiff. Document #: 180057.1 17. As of July 31, 2008, the balance due, owing and unpaid on Defendants' loan account with Plaintiff is the sum of Six Thousand Seven Hundred Twenty-Five Dollars and 80/100 ($6,725.80). 18. Pursuant to the terms and conditions of the extension of credit contained in the Contract, Plaintiff is entitled to receive and Defendants agreed to pay an annual interest charge on the principal loan balance. 19. Due to the default of the Defendants and pursuant to the terms and conditions of the Contract attached as Exhibit "B", attorney's fees in the total amount of One Thousand Three Hundred Seventy Dollars and 16/100 ($1,370.16) 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. Document #: 180057.1 WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendants, Johnathan D Forry and Gwendolyn K Lee, in the amount of Eight Thousand Ninety-Five Dollars and 96/100 ($8,095.96), 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: qn dA, Melissa L. Van Eck, Esquire Attorney I.D. No. 85869 P.O. Box 6662 Harrisburg, PA 17112 717.540.5406 Document #: 180057.1 VERIFICATION I, Gregory R. Diffenderfer, 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: A _?j??JQ 4 e?/ Date: q11 ?pq EXHIBIT «A„ i SIGNATURE LOAN ACTIVATION NOTICE _ I July 18, 2006 Applicant Information: Applicant: JONATHAN D FORRY cz:_? Ref M 551488 598 Co-Applicant: GWENDOLYN K LEE Home Telephone M i Work Telephone M ? Approval Amount: $8,000.00 Account Number: 4951 /r Signature: We acknowledge receipt of the PSECU LOANLINER Disclosure and Credit Agreement and agree to be bound by the terms set forth in said agreement. } I? Kati' , ,,?+ ? -- } Signa a of JONATHAN D F?" Date Signs a of GWENDOLYN K LEE Da e NOTICE TO CO APPLICANT: The Co-applicant is a person who is responsible for the entire debt. The Co- applicant is also obligated to pay fees and collection costs if any. PSECU can collect this debt from the Go- applicant without first trying to collect from the Applicant. PSECUcan use the same collection methods against the Co-applicant that can be used against the Applicant. If this debt is ever in default, that fact may become apart of the Co-applicant's credit history. Asa Co-applicant, you should make certain that you want to accept the responsibility forpaying the entire debt. SIGNATURE LOAN OPTIONS Purpose: ?f Q 04-?? WAAMLUAV u0 Is Please select one of the following Signature Loan disbursement options: Send a ? check, or (fit deposit to my Share 4 (MoneyHandler/Checking Shares) Please select one of the following Signature Loan repayment options: ? Payroll Deduction ? Homebanking ? Automatic Transfer from PSECU account ? Self Service Telephone X Coupon ? Direct Payment from another financial institution Exhibit "B" PSE(O the fhiancial fink,& enrrs lvania Mate Employees Credit Union PO, Box 67013 i Harrisburg, PA 17106-7013 0 (717) 234-8484 Harrisburg, {WO) 37.7328 Nationwide Loan Disclosures This LOANLINER' Credit and Security Agreement, witch includes the Truth in Landing Disclosures, will be referred to as tba PNstr. The Plan documents include this agreement and an Addendum. You, your and borrower mean any person who signs the Plan. Credit urdon, we, our and us mean PSECU or anyone to whom the Credit Union Vansters its rights urider the Plan. HOW THIS PLAN WORKS -- This is an open-end, multi-featured credit plan. We anticipate that from time to tine, you will borrow money (palled `advances-) under I the Plan. We are not required to make edvences to you under the Plan and can refuse a request for on advance at any time, The Addendum describes the different types of credit (called 'subaccounts") available under the Ptan, the current interest rate for each subaccounl expressed as a daily periodic rate and corresponding arirural 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 submits. If a credit limit is set for a subaccount, you promise not to exceed the established crock limit. It you exceed the credit limit, you promise to repay immediately the amount which exceeds the credit limit. REPAYMENT . You praise-to-sapay all amounts. you owe-under the Plan plus interest. Payments are due on the last day of the month unless we set a different clay at tine time of an advance. H the Addendum has no payment schedule for a subaoaount, your payment wig be determined at the time of each advance. Payments must innclude any amount past due and any amount by which you have exceeded any credit taint you have been given for a subaccount. You may repay all or part of what you owe at any funs without any prepayment penalty. Even if you prepay„ you wig still be required to make the regularly scheduled payments unless we agree in wry to a change in the payment schedule. If you have a joint sharedraft account, you will be responsible for paying all overdraft advances obtained by a joss holder of the sharodraft account. Unless otherwise required by law, payments will be applied to amounts owed under the Plan, in the mariner the Credit Union chooses. PLAN ACCESS -Y You can obtain credit advanoss in arty master authorized by us_ if we allow you to use your ATM/Debit card to access the Plan, you may be i'iabie for the unauthorized use of your AIM/Debit card. You will not be liable for unauthorized use that occurs after you notify us, orally or in wwrkirtg, of the loss, theft, or possible unauthorized urs& If you believe your ATMIDeW card has been lost or stow, immadreteiy interim the Crack Union by cal or writing us at the telephone number or address tftft appears effiswtiere, in the Plan. It the card is used to obtain unauthorized advances directly torn the Plan, your liability wig not exceed S50. If die unauthorized witfxlrawal is from a sharedraft account, your bob" is governed by the Regulation E disclosures you received at the tie you received your ATM/Debut card, even if the withdrawal results in an advance being made from your overdraft subaccourt- ! FINANCE CHARGE -The dollar amount you pay for money borrowed is called a 'finance charge and begins on the data of each advance. A finance charge will be computed separately for each separate balance under the Flan. To compute the finance charge, the unpaid balance for each day since your Iasi payment (or since an advance d you have not yet made a payment) is multiplied by the applicable daily penodbc rate. The sum of Uwe arno nts is the finance charge owed. The balance used to compute the finance charge is the unpaid balance each day after payments { rsubtract0d'and any aWlittorts Yo the batar have been made. In addition to interest, we may charge other finance charges which are disclosed on the Adden slum. It the interest rate is a variable interest rate, the Addendum explains how the variable Interest rate works, SECURITY -You pledge as security for the Plan all shams and dividends and, it any, all deposits and Interest in all joint and individual accounts you have with us now and in rte future, it a specific ciogar amount is pledged for an advance, we wig freeze shares it that account to rte extent of the outstanding balance for the advance. Otherwise, your pledged shares may be withdrawn unless you are in data dt The foiliciiiiiii" Paragraph applies in at states except In 010o, Rhode Island and Massachusetts: We have a statutory ton on the shares and dividends and, if any, the depots and interest in all individual and joint accounts you have with us and may exercise our rights under the Den to the extent permitted by state law (We are state chartered it our name does not include the term Federal Credit Unirn.1 For off borrowers:The statutory fiats andlor your pledge wit allow us to apply the funds In your account(*) 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 loss special tax treatment under state or tederai law if given as security. Additional security for the Plan may be required at the time of an advance. It a i toooount identifies a type of property (such as "New Cars,.) you must give that type of property as security when you got an advance under that subaccount, A subaccourd name such as `Dater Secured` means you crust 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. Z VJM MUTUAL 6ROUP 196), 2§106, All FUGWS R£'SERVM CREDIT INSURANCE - Credit lite andior credit disability insurance is optional under Me Plan. If you quality for artd purchase the insurance from us, you authorize us to add the insurance premiums monthly to your ban balance and charge you interest on the entire balance. If you elect ae& insurance, your payments may increase or the period of tune necessary to repay your advance may be exuded, The credit insurance rates may change during the Pian it the rates change, we wig 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 law requires notice to each joint borrower, notice to any one of you will be notice to all. JOINT ACCOUNTS - If this is a joint account, each of you is Individually and jointly responsible for paying all amounts owed. That rn oans we can enforce our rights under the Plan against any one of you individually or against all of you together it you gore us inconsistent instructions, we can refuse to follow, your Irwtructions. Unless our written pofty requires all of you to sign for an advance, each of you authorizes the other(s) to obtain advances individually and agrees to repay advarwes made to the- other(s), Any joint accountholder may terminate the Plan by wing us prior written notice. If any of you terminate the Plan, the Plan is terminated for all of you. You remain liable Itdividualty, and jointly for sit advances incurred before termination, FEES AND CHARGES - it you give us a securtty interest in certain types of property, we may charge you a filing tae to perfect wurinterest in Ste property. It we do, the amount of the fee will be disclosed to you at the lime you obtain an advance. We may also charge you other fees it connection with the Plan. Our current fees are disclosed on the Addendum and will be added to your loan balance unless you pay them in cash. UPDATING CREDIT INFORMXnON - You promise that you wig promptly give us written notice it you move, change your name or employment, or I any other information you provided to us changes. Upon our request, you also agree to provide us updated financial information. DEFAULT - This toliowlno Paragraph applies to bonowws in Idaho, Kansas, Allah a and South Csro&w: You will be in default it you do not make a payment of the amount required when it is clue. You will also be in defame if we bel'leve the prospect of payment, performance, or realization on any property given as security is significantly impaired. The depriving paragraph applies only to borrowers In Wisconsin: You will be in default if you tail to stake a payment when due two times during any 12 month period. You will be in default it breaking any promise made under the Plan materially impairs your ability to repay what you owe or materially impairs tote condition, value, or protection of or our rigt*in any property you gave as security. The dollowing paragraph applies only to borrowers In lows: You will be in default if you are more than 10 days late in making a payment. You will also be in default if you do trot comply with the terms of tie Plan and your taiture to comply materially impairs any property you gave as security or your ability to repay what you owe under the Plait. The fallowing pansgraph,pppllrs to ltwrowefts.in all other states:. You wig be. in default it you do not make a payment of the amount required when it is due. You will be in default d you break any promise you made under the Plan or it anyone is in default under any security agreement made in connection with an advance under the Plan. You will be in default it your die, file for bankruptcy, become insotvent, If you maim any fad or misleading statements in any credit application or update of credit information, or it something happens we bekeve may substantially reduce your ability to repay what you owe. You will be in default if any property you have givers us as security is repossessed by someone else, seized under a ftrleit re or similar law, or it anything else happens that significantly affects the value of the property or our security interest in it. You will also be in detautt under the Plan If your are in default under any other loan agreement with us. ACTIONS AFTER DEFAULT - The follawi»,g paragraph applies to borrowers to Colorado, Dkstrlat of colunrbis, lower Karilsas, Maitre, Massachusetts, Mlssaud, Nebraska, South C'amilne and tAtasti Vhgitils. 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. Ttie foil wing peragnitph applies to bwwwors it ail other states onvo i Mconsla i and Louisiana: When you are in default, we can require immediate payment (acceleration) of the entire unsaid balance under the Plant. You waive any right your have to demand for payment, notice of intent to accelerate and nonce of acceleration. The foucwbso paragraphs apply to borrowers in alt states except Wisconsin and Louisiana: if immediate payment is demanded, you will continue to pay interest until what you owe has been repaid at the applicabe interest rates in effect or. it appkcabe. cPsmol PSECU FORM •3 t46 LQANLtNER t redo and Socurtty Credit Agreement (continuer!) at the deaull rate disclosed on the Addendum, if a demand for immediate payment has been made, your shares arsdror deposits can be applied towards what you owe as provided in the section above called 'Security' We can also exercise any other i rights given by law when you are in default. You agree the Credit Union has the right to take possession of any property given as security under the Plan, Without judicial process, it this can be done without breach of the peace, It we ask, you promise to deliver the property at a time and place we choose. If the property is a motor vehicle or boat, you agree that we may obtain a key or other device necessary to untock and operate it, when you are in default, We wig not be responsible for any other property, not covered by this Agreement that you leave inside the property or 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 tie property, we can sell it and apply the money to any amounts you owe us. We wilt give you notice of any public disposition or the date after which a private disposition will be field. Our expenses for taking possession of and suing the property will be deducted from the money received from the safe. Those costs may include the cost of storing the property, preparing it for safe and aftomey's fees to the extent permitted under state law or awarded under the Bankruptcy Code, Yost must pay arty amouxht that remains unpaid after the sale money has been applied to any unpaid balance under the Pin, You agree to pay interest on that amount at the saune rate as the advance, or, N applicable, at the default rate disclosed on the Addendum, urhtg that amount has been paid. The f wivk g pertigrap h applies only to Wsconsin borrowers., When you are in default and after expiation of any right you have under applicable state taw to cure your detaull, we may ref i p unmediale payment of your outstanding loan valance under the Plan and seek possession of property given as ,sadxunty. You may voluntarily give the property to us if you choose, or we may seek to take possession of the property by judicial process. # we repossess the property. you agree to pay reasonable expenses incurred in disposkp of the property. lt the property is a motor vehicle, mobile forme. tracer, snowmobile. boat or aircraft, you will also be required to pay any costs permitted by Section 422.413 of the Wisconsin Statutes. You must pay Any amount that ruins i unpaid after the sale money has been applied to what you olive 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 disclosed on the Addandum. 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, if permitted by the state where ithe property is located. The fo#awkV paragrW* atppites only to Louisiana bomwers: 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 aeration. it immediate payment is demanded, you will continue to pay ingest unto what you owe has been repaid at on the the applicable interest rates in eftact unless a default e ? made, the hares the Addendum if a demand for immediate payment has deposits giver as security for the Plan can be applied towards what you owe. We can also exercise any oar rights given by law wizen you are in default and our rights under any security agreements you have with us. CANCELLING OR CHAt'NGIING THE PLAN - The lbtiowtng paragraph apples only to bonowrers to Mots. We have the right to change the terms of the Plan from time to "a after giving you any advance rsoltce required by taw. Any change to the interest rate or other cis will apply to future advances. The fallowing p&r*pVh atppillse only to borrowers In Wisoonski We can change the terms of the Plant 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 dander a variable rate interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan or only part of the Plan at any time. You may cartel the Plan at any time by giving us prior written notice. Your obligation to pay tie unpaid balances 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 Seaton 422.4155 of the Wisconsin Statutes. The tolowfng parggniph sMis" only to borrowers to Iowa: We can charge 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 outer charge. that increases the amount of your payments, or that otherwise adversely affects existing balances will apply to existing balsinm 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 flies to existing balances. The fctloiwng psragniph applies to borrowers to all offer states., We have the right to change the terms of the Plan from time to time after giving you any advance notice required by taw. Any change in the interest rate will apply to future advances. and at our dlscaeton and subject to any requirements of applicable law, will also ? apply to unpaid balances. The following panypaph appifes to sli but Wisconsin borrowers: An increase in the dairy periodic rate under a variable interest rate is not considered a change in terms under the Ward, 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 whether you or the Credit union cancel tie Plan. DELAY IN ENFORCING RIGHTS AND CHANCES IN THE PLAN - We can delay enforcing any of our rights under this Plan any number of times without losing the ability #a exercise our rights later. We can enforce this Plan against your heirs or IegaI representatives. It we change the terms of the Plan, you agree that this Plan wig continue to protect us. CONTINUED EFFECTIVENESS - It any part of this Plan is determined by a court to be unenforceable, the rest will remain in effect NONCE 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, rm fattowty is rwirod by vvormmast taw - NOTICE TO CO-SIGNER - YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY 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 It you ghee security in connection with an advance under the Plan. They apply to borrowers In ail states except Loulstana. Loulsiam borrowers will execute a separate security agreement. Borrowers in other states rthay 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 Auivance. It also includes any money you receive from selling the property or from insurance you have on the property. if the value of the property declines, you promise to give us more property as security it asked to do so. WHATTHE SECURITY INTEREST COVERSICROSS 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. R also secures any other adv anoss 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 Commissions 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 secunly 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 tease 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 tten to attach to the property either by your actions or by operation of law. PROPERTY INSURAuNC:F, TAXES AND FEES - You must maintain property I insurance on all property that you give as security under the Plan. You may purchase ' the property insurance from anyone you choose who is must bl acceptable the re clot Union, The amount and cove" of the property insurance have, or us. You may provide the property insurance through a policy you already 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, if you cancel your ihsurar and get a refund, we have a right to the refund. If the property is lost or damaged, we can use the insurance settemtent 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'" refund or benefits due under your insurance pxolicy. You also promise to pay all taxes and fees (like registration lees) due on the property, If you do not pay the taxes or toes on the property when dour or keep it insured, we may pay #"a obligations, but we are not required to do so, Arry money we spend for to xe% fees or insurance will be added to the unpaid baler" of the advance and you will pay interest on those amounts at ft same rate you agreed to pay on the advance. We may reoerve payments in connection with the insurance from a company which provides the insurance. We may monitor our loans for it* purpose of determining whether you and otter borrowers have compiled with the insurance requirements of our ban agreements or may engage others to do so. The insurance charge added to an advance may ir#aude (1) the insurance cornparty's payments to us and (2) the cost of determining compliance with the insurance requirements. If we add accounts for taxes, Was 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 Ills 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 -- if your state issues a title for the prop", 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 trom the = claims of others. If asked to do so, you promise to sign a financing statement. You also promise to do whatever else we think is necessary to protect our security interest in the property. You promise to pay all costs, including but not limited to any attorney fees, we incur in protecting our security interest and rights in the property, j to the extent permitted by applicable law. ft and Security Ctedlt Aar!tg nt lcontinuedj Ln3ANtlNER' Cteo USE OF PROPERTY - Until the Advance has been paid oft, you promise you will: (i) Use the property carefully and keep it in good repair. (2) obtain our written permission before making major changes to the property or changing the address where the property is kept. (3) inform us in writing before changing your address. (4) Allow us to inspect the property. (5) Promptly notify us if the property is damaged: stolen or abused. (6) Not use the property tar any unlawful purpose. (7) Not to retltle .Yoperty 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 ARRONA 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. it is your respons" w notity us it 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. It you think your statement is wrong, or if you need more information about a tramactton am your moment write us on a separate sheet at the address listed on your statement. You are required to notify us in writing within 60 days hallowing 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 emu and explain, if you can, why you believe there is an error If you need more informations, describe the item you are not sure about. i 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 nest reacts us three business days before the automatic payment is scheduled to occur. YOUR RIGMS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE - We must acknowledge your letter within 30 days. unless we have ewtected the error by then. Within 90 days, we must either correct the error or explain why we believe the statement was correct. in this Agreement, the words you and your means each and all of those who apply for the card or who signs this Agreement. Caro means the visa Credit Gard 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. f. fSPt3FfSi8tl.?i-1?-?€wat+ssnnayeueearCt:•'you'egrzeessePAYadFdebfsanrttl+t Finance Charge arising from the use of the card and the card account. For example, you are resposible for charges made by yourself, your spouse and minor children, You are also respons bile for charges made by anyone etse to whom you give the card, and this responsibility continues urttk the card is revered. You cannot disclaim responsibility by notifying us, but we will dose the account for now transactions it you so request and return all cards. lbour 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. The cards remain oar property and you must recover and surrender to us all cards upon our request and upon termination of this Agreement. 7. LOST CARD NOTIFICATION - it 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 hours call (800) 556-5678. 3. LIABILITY FOR UNAUTHORIZED USE - You agree to r ify us immediately, wady or in writing of the loss, that or unauthorized use of your Credit Card. You may be liable tx ft Unaut1xvized use dif your Credit Card. You will not be liable for unautonzed use that occurs after you notify us of the kiss. theft or possible unauthorized use. You will have no liability for unauthorized purchases made with your Credit Card, unless you are grossly regligert in the handling of your Card. In any case, your liability will not exceed $50. 4. CREDIT LINE - it we approve your application, we will establish a self- replenishing tine 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 the account will restore your Credit Line by the amount of the payment which is applied to the principal. You may request an increase in your Credit penalty for unlawful failure to return a motor vehicle is one year in prison and?or a fins of 1150.000, For those members who purchase a vehicle under the DRIVe Program, please review the following FTC Notice. -NQME ANY HOLDER OFTHIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. After we receive your meter, we cannot try to mket# any amount you question. or report you as celiinquent, We can c ordiri ue to send statements to you for the amours you question, iru ludirng finance charges, and we can apply arty urpatid amount against YOM credit limit. You do not have to pay arty questioned amount while we are investigating, but you are still obligated to pay the parts of your statement that one hot in'h question. It we find that we mad a mistake on your statement, you will not have to pay any finance charges related to any questioned amount. K 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 clue. It you fail 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 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 reputed you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. It we don't follow these rules, we can't collect the first $50 of the questioned amount, even it your statement was correct, SPECIAL RULE FOR CREDIT CARO PURCHASES - it you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faint to correct the problem with the merchant, you may have the right not to pay the remaining account due on the property or services. There are two limitations on this right: (a) You must have made the purchase in your tome state or, if not within your home state, within 100 miles of your current making 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 it we mailed you the advertisement for the prop" or service,. Line only by written application to us, which must be approved by our credit committee or loan office. By giving you written notice we may reduce your Credit tine from time to time, or with good cause, revoke your card and terminate this Agreement. GoW cease includes your failure to comply with this Agreement or any other agreement with u%,p psir.Adverse rQeva3t a.ot. r.credit arth%rress,tbu matY.&k terminate this Agreement at any time, but termination by either of us does not allect your obligati to pay the account balance. S. CREDIT INFORMATION -- You authorize us to investigate yow c redtit 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. 8, MONTIfI.Y PAYMENT - We will mad you a statement every moth show*V your Previous Balances of purchases and cast advanam the current transactions on your account the remaining credit available under your Credit Una, the New Balances, of purchases and dash advances, ice Total New Balance, the Finance Charge due to data, and any other bitted lees, and the Minimum Payment required, Every moth you must pay at least the Minimum Payment within 25 days of your statement dosing date. By separate agreement you may authorize us to charge the minimum payment automatically to your shw or checkutg account with us. You may, of averse, pay more frequently, pay more than the Mirknurn Payment, or pay the Total New Balance in bull, and you will reduce the finance charge by doing so. It your monthly payment exceeds the total credit line balance awed, we will automatically post the credit to your St shares. The minimum payment will 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. We 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 tees, then to previous cash advance balances, then to previous purchase balances in the order that they were posted to your account, then i to current cash advance balances, and tl'ren to current purchase balances Visa" credo Card Agreement end 71ruth in Landing tTtsclasure {continued) 7. FINANCE CHARGES - You can avoid the Finance Charge on purchases by paying the tilt 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 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 the billing cycle daily balance (see explanation below), including new pure Ahasses, for PERCENTAGE by the monthly periodic purchase rate and corresponding RATE as disclosed on the Addendum. Cash Advances: We calculate your finance charge on cash advances by multiplying the average actuated daily balance (see explanation below) for cash advances during the trilling cycle by the monthly periodic advance rate and corresponds ANNUAL PERCENTAGE RATE as disclosed on the Addendum. Balance Computation Method Average, Dairy Balance for Purchases - The Average Daily Balance for Purchase Transactions is calculated by adding the Daily Balances (Purchase Transaction) for each day In the billing cycle, and than dividing by t each day, roe days in the billing i cycle. To calculate the Deify Balance jor balance (alnts you owe) at the start of the day- steps. We take ke the outstanding Then. in the sequence in which amounts are posted to your account, we add the amounts of all debits and subtract the arrouunts of all credits or payments which post to your account that day. After applying payments and credits, we subtract the amount of arty 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 bstfmg cycle. This gives us the gaily Balance for purchases. Amwage i y Balance for Cash Advances - Cash Advance Transactions which are meted to your account are not eluded in the Average Daily Balance cat uilation for purchases, and are ii cx+a not subject to tfhe monthly periodic rate for purchases. The Avrrage Doty Bslarnce is calculated separately for Cash Advances and is subject to the Cash Advance montrlyPeriodic Raw The Average Daily Balance for Cash Transactions is cakxdated by adding the Dally Balances (Caste Transaction) for each day in the WW Q Cycle, and than dividing by the number of days in the Wig cycle. To c ai utate the Daily Balaruce for cash each day, we take the followAng steps: We taiga the outstanding babe (all atnouuits you luxe) at the start of the day. Then. in the sequence in which amounts are posted to your accotnnt, we add the amounts of alt debits aid sub"d the amounts of all credits or payments which post to your account that day After applying payments i and crest, we subtract the amount of any unpaid Finance Charges or late Charges. 1 Them we also stfoUSCt the amount of any Purchase Transactions that posted to your account on that day or in any previous day in the bilfbng cycle. This gives us the Daly s always subject to Balance for Cash Advance Transactions. Nate: Cash Advano account. finance charges and from tie day they sire posted ? You Paymen,% 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 rash advance balances, then to previous purchase batia ces in the order that they were posted to your account, then to current cash advance balances, and then to current purctnase balances. Credits are applied first to the particular type of debt which is being credited, It 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 Dues Date shown on a statement the equal o exceeds Rate New Balance shown on that statement, we will not apply Monthly periodic to your Account on your next statement. 8. DEFAULT -You wit ben 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 barn is in default. You wilt 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 4 the value of our security interest malenalty declines. We have the right to demand immediate payment of your full account balance 0 you default. subject to our giving you any notice required by law. To the extent permitted by taw, you will also be required to pay our collection expenses, incluc*V court costs and reasonable attorney tees. 9. USING THE CARD - To make a purchase or rash advance, there are two alternative procedures to be followed. One is for you to present the card to partimating Visa plan merchant, or ariolher financial institution, aril sign the sales or cash advance draft which will be imprinted with your carol. The other is to complete the transaction by using your Personal Identification Number (PIN) in conjunct with the card in an Automated Teller Machine or other type of electronic terminal that any be closed without notice to you after 18 months of no activity. provides access to the Visa system, You agree that you will not use your card for an transaction that is illegal under applicable federal, state. or local law. The monthly statement will identify the merchant. elemonic terminal or financial institution a i which transactions were made, but sale. cash advance, credit or other slips cannot be returned with the statement, You will retain a copy 01 such slips furnished at the time of the transaction in order to verity the monthly statement. The Credit Union may make a reasonable charge for photocopies of slips you may request. 10. OVERDRAFT OPTION - It 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 an your PSECU Visa Credit Card and that the current Annual Percentage Rate for cash advances will apy? 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 1 credit slip which we will post to your Visa line of credit it your credit and payments 1 exceed what you owe us, we will automatically post the excess credit balance to your Sf Shares within 75 days. If 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 biller currency used for promising 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 government-mandated rate in effect for the applicable central process date. In each instance, an a*stnent may be assessed based on the iSA W Imposed by Visa. This fee, which totals I% 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 - If 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 S50 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 out your account. Telephoning PSECU does rot presety 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 &wife 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) Visa. in question. PSECU must adhere to strict 15. dispute SECURITY tirneframes INTERESset forth by T - 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, It 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 it you are in default to prevent withdrawal of your u npietlged 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 f0sposits) and by the property described In those other security agr , ends, except for your haute. 16. EFFECT OF AGREEMENT - This Agreement is the contract which applies to all transactions on your account evert though the sales, 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 written 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 Payment is not received by the first day of the month following your due date, you will be st6Ax i to a S20 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 wilt be applied for each morlhly statement cloning date ay on which the outstanding balance exceeds the assigned credit " by more 1liart $100. l 20. DRAFT COPIES - You may incur an additional charge for transaction i summaryisale draft documentation, a 21. COPY RECEIVED -You acknowledge receipt of a copy of this Agreement. s 22. ILLEGAL TRANSACTIONS PROHIBITED - You agree that you will not use e you card for any transaction that is illegal under applicable federal, slate, or local taw, torn 23. 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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. 08-4692 Civil Term CREDIT UNION, Plaintiff VS. JONATHAN D FORRY and GWENDOLYN K LEE Defendant CIVIL ACTION -LAW PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Please reinstate the Complaint with regard to the above defendant in the above captioned matter. Respectfully submitted, VAN ECK & VAN ECK, P.C. Date: ali?tl0? Melissa L. Van Eck, Esquire Attorney ID No.: 85869 7810 Allentown Blvd., Suite B. P.O. Box 6662 Harrisburg, PA 17112 (717)540-5406 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA /n? PENNSYLVANIA STATE EMPLOYEES NO. O$ -40A l.,iv t l 7e-,rvK CREDIT UNION, Plaintiff VS. JONATHAN D FORRY and GWENDOLYN K LEE, r Defendants CIVIL ACTION -LAW s 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^fortl` 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Document #: 180057.1 • • EN LA CORTE DE ALEGATOS COM fJN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. CREDIT UNION, Plaintiff VS. JONATHAN D FORRY and GWENDOLYN K LEE, Defendants CIVIL ACTION -LAW AV I S 0 PARA 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 paginas, usted tienen que tomar acci6n dentro veinte (20) dias despuds 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 par 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. LISTED 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 0 GRATIS. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Document #: 180057.1 • • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff VS. JONATHAN D FORRY and GWENDOLYN K LEE, Defendants NO. 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, Johnathan D Forry, is an adult individual with a last known address of 706 Allenview Drive, Mechanicsburg, PA 17055-8601. 3. Defendant, Gwendolyn K Lee, is an adult individual with a last known address of 706 Allenview Drive, Mechanicsburg, PA 17055-8601. 4. Defendants are, and at all relevant times material hereto have been, the primary loan applicants. 5. Defendants applied to Plaintiff for a singature loan. 6. The application submitted by Defendants was approved by Plaintiff. Document #: 180057.1 • 7. Pursuant to the Loan Activation Notice, Defendants 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 Loan Activation is attached hereto, incorporated herein and marked as Exhibit "A". A true and correct copy of the Loanliner Credit and Security Agreement is attached hereto, incorporated herein and marked as Exhibit "B" 8. Defendants have 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 Defendants on the account. 10. Defendants have defaulted on the loan by failing to make timely and regular payments. 11. The last payment made by Defendants was on July 27, 2007. 12. Defendants were 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 Defendants' account. 14. Plaintiff has submitted to' Defendants a copy of the statement of account accurately showing all debits and credits for transactions with Defendants. 15. Defendants have not objected to any of the monthly statements of account submitted by Plaintiff to Defendants. 16. Despite Plaintiff's reasonable and repeated demands for payment, Defendants have failed, refused and continue to refuse to pay all sums due and owing on Defendants' loan account balance, all to the damage of Plaintiff. Document #: 180057.1 17. As of July 31, 2008, the balance due, owing and unpaid on Defendants' loan account with Plaintiff is the sum of Six Thousand Seven Hundred Twenty-Five Dollars and 80/100 ($6,725.80). 18. Pursuant to the terms and conditions of the extension of credit contained in the Contract, Plaintiff is entitled to receive and Defendants agreed to pay an annual interest charge on the principal loan balance. 19. Due to the default of the Defendants and pursuant to the terms and conditions of the Contract attached as Exhibit "B", attorney's fees in the total amount of One Thousand Three Hundred Seventy Dollars and 16/100 ($1,370.16) 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. Document 4:180057.1 r 0 WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendants, Johnathan D Forry and Gwendolyn K Lee, in the amount of Eight Thousand Ninety-Five Dollars and 96/100 ($8,095.96), 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: um, Melissa L. Van Eck, Esquire Attorney I.D. No. 85869 P.O. Box 6662 Harrisburg, PA 17112 717.540.5406 Document #: 180057.1 C 0 VERIFICATION I, Gregory R. Diffenderfer, 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 unsworn falsification to authorities. Pennsylvania State Employees Credit Union By: r Title: Date: q- wl? Dq EXmff "A" i I SIGNATURE LOAN ACTIVATION NOTICE _ ! July 18, 2006 Applicant Information: Applicant: JONATHAN D FORRY c? Ref M 551488 598 Co-Applicant: GWENDOLYN K LEE Home Telephone M "York Telephone M t Approval Amount: $8,000.00 Account Number: 4951 Signature: We acknowledge receipt of the PSECU LOANL]NER Disclosure and Credit Agreement and agree to be bound by the terms set forth in said agreement. Signatafe of J NATHAN D Y Date Sign ure of GWENDOLYN K LEE Da NOTICE TO CO APPLICANT: The Co-applicant is a person who is responsible for the entire debt The Co- applicant is also obligated to pay fees and collection costs if any. PSECU can collect this debt from the Co- applicant without first trying to collect from the Applicant. PSECU can use the same collection methods against the Co-applicant that can be used against the Applicant. If this debt is ever in default, that fact may become apart of the Co-applicant's credit history. As a Co-applicant, you should make certain that you want to accept the responsibility for paying the entire debt SIGNATURE LOAN OPTIONS Purpose: %f"x11, 0 1AM41(1fMoY1&Dn& 0 ;% is Please select one of the following Signature Loan disbursement options: Send a ? check, or IX deposit to my Share 4 (MoneyHandler/Checking Shares) Please select one of the following Signature Loan repayment options: ? Payroll Deduction ? Homebanking ? Automatic Transfer from PSECU account ? Self Service Telephone A Coupon ? Direct Payment from another financial institution I] • Exhibit "B" • • PSEO Pennsylvania State Employees Credit Union PO. Box 67013 • Harrisburg, PA 17106-7013 di (717) 2344484 tlarnsbvrg, (800) 237.7328 Nationwide the rimncial finks Loan Disclosures This LOANI.iNER' Credit and Security Agreement which includes the Truth in l endrng flies, will be t lerred to as the Plan. The Plan documents include this agreement and an Addendum. You, your and borrower mean any person who signs the Ptan. Ciao anion, we, our and us mean PSECU or anyone to whom the Credit Union transfers lts rights under the Plan. MOW THIS PLAN WORKS This Is an open-end, multi-featured credit plan. We andcipata ttat, from timia to tine, you will borroo money (called "advances') under the Plan, We we not required to make advances to you under the Plan and can refuse a request fair an advance at any time. The Addendum describes the different types of credit (calleed'subaccounts") available under the Plan, the current interest rate for each subaccount expressed as a daily periodic rate and corresponding ena8ual percentage rate and other charges. It may also have other terms and a schedule for determining the payment amounts. CREDIT LIMIT - We m n but do not have to establish a credit limit on certain subeccounts. If a credit firnit is set for a subaceoant. you promise not to exceed the established credit limit, it you exceed the credit limit you promise to repay immediately the aruwtaN which exceeds the credit limit. REPAYAWXT -You pun ofta so-repay all mints you own under the Plan plus imsrest. Payments are due an the last day of the month unless we set a ditiarent day at the time of an advance. N the Addendum has no payment schedule for a subaacourtt, your payment will be determined at the time of each advance. Payments trust indude any amount past due and any amount by which You have exceeded any credit tint you have been given for a subacaxurt You may repay all or part of what you owe at any tints without any prepayment penatty Even If you prepay, you will adil be required to make the regularly scheduled payments unless we agree in wring m a change in the payment schedule. It you have a joint sharetkaft account, you will be responsible for paying all overdraft advances obtained by a join hokW of the sharedraft ac:courd. Unless otherwise required by law, payments will be applied to amounts owed wader the Plan. In the manner the Credit Union chtioess. PLM ACCESS --You can ofNain credit advances in any manner authorized by us. If we allow yiou to use your A xf/Dablt card to access the Wan, you may be gable for the unaurwrimd we of your ATM/Debit card. You YA not be liable for unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft, or possible unaLtmorized use. It you believe your ATMIDebit card has boom lost or stolen, kwmsdit?tey into im the Credit Union by a&V or writing us at the teiephorxe number or address to appears elsewhere in the Plan. It the card is used to obtain unauthorized advances dueetty from the Plan, your 5abibly, will not emceed SW It the unautwnzad withdrawal is from a sheradraft account, your liability, is gwemed by the P49utation E disclosures you moeived at the time you received your ATM/Debit card. even if ft w ohdrawal rataults in an advance being made from your overdraft stbaccount. FINANCE CHARGE - The dollar amount you pay for money borrowed is called a `tinance carge and begins on the date of each advance. A finance charge will be cornptlad separately for each separate balance under the Plan, To compute the finartca dap, the unpW balance tier each day since your last payment (or since an advance M you lame not yet made a payment) is multipW by the applicable daay periodic rate, The sum of these amounts is the *mines charge owed. The balance used to c or" the finance charge a the unpaid balance each day after payments -- n d civsdib to that batmig. tovrboan reciv&and any addlolons trr tiro batar have been made. In addution to interest, we may charge other finance charges which are disclosed on the Addendurm_ N the interest rate is a variable interest rate, the Addendum mosrns how the variable interest rate works. SECURITY -You pledge as secWlty for the Plan all shares and dividends and. It any, all deposits and interest ii all joint and individual accounts you have with us now and in line ttlure. If a specific dollar amount is pledged for an advance, we will freeze shares in Vial acoova to the aadent of the wtstandlrV balance tar the advance. Otherwise, your pledged shares mW be withdrawn unless you are in ddskuA The following paragraph applies in ap states except In Ohio, Rhode Island and mraatia: We have a stsiukiry bete on the shares and dividends arid, it any, the deposits and interest in alt Individual and )tint accounts you have with us and may exercise ow rights under the Ran to the extent permitted by state law (We are state chartered It am name does not include the term T-edderai Credit Union. For all bonvw*mThe suitutory Man and/or Vow pledge wiN allow us to apply the funds In your occount(s) to what you owe when you we In detaulL The statutory lien and your pledge do not apply to any bncividual Retirement Aocount or any other accowt that would ices special tax treatment undo state or lederai law If given as security. Additional sawlity for the Plan may be required at the time of an advance. it a subscootirt identifies a type of property (such as `New Cars") you must give that type of property as security when you got an advance under that subaecount, A s bmu t nam such as 'Other Secured" means you must provide security aexxptable to us when you obtain an advance under that subaceount. Property you give as security will secure all amounts owed under the Plan and all otner 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 CREDIT INSURANCE - Credit fife and/or credo disability insurance is optumai under the Plan_ N you quality for and purchase ate insurance from us, you authorize us to add the insurance premiums monthly to your Loan balance and charge you interest on the entire balance. M 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. It the rates change, we will provide arty notices required by appgcable law. PERIODIC STATEMENT - On a regular basis you will receive a statement showing all transactions under the Plan during the period covered by the staterrienit. Statements and notices will be sent to you at the most recent address you have given us in writing. Unless applicable law requires notice to each joint borrower, notice to arty one of you will be notice to ail. JOINT ACCOUNTS - It this is a joint account, each of you is individually and low* responsible for paying aN amounts owed. That means we can entice our rights under the Pier against any one of you V%Wkitraily or against all of you klgether, If you give us inconsistent Instructions, we can refuse to follow your M>struclions. Unless our written pact' requires all of you to sign for an advance, each of you authorizes On other(s) to obtain advances indiv sfly and ag?ess to repay advances made to iha ottter(s). Any Joint accountholder may terminate the Wan by giving us prior wnten notice. it any of you terminate the Plan, the Plan is terminated for all of you, You remain liable thdividually and joittfy for all advances incurred before termination. FEES AND CHARGES - if you give us a seuurfty interest in certain types of property, we may charge you a Ming tee to period ow1riterasf in the propert1s It we cb, the amount of the fee will be disclosed to you at the time you obtain an advance. We may also charge you outer lees in connection with the Plan. Our currant tees are disclosed on the Addendum and will be added to your barn balance unless you pay them in casts. UPDATING CREDIT INFORMATION - You promise that you wig promptly give us ;WWI notice it you prove, change your name or arnpioyment or if any other Inbrmabort you provided to us changes. Upon ouT request. you also agree to provide us updated financial information. DEFAULT -- The fb/lbWaS paw applies to bo rowm In Idaho, lamas, Abkw and South CaroNlta: You wit be in default N you do riot 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 tbllaw/ny paragraph applies only to borrow" in Wisconsin: You wit be in default it you fait to make a payment when due two times durxtp any 12 month period. You will be it default N breaking any promise made under the Wan materially impairs your abiliity to repay what you owe or materially, impairs the condition, value. or protection of or our rin any property you gave as security Th* AWkmft paragraph appNsO only to bOrrourers In lows: You wgl be it default it you are more than 10 days late in making a payment You will also be in dalault it you do not comply with the terms of the Plan and your immure to comply materially Impairs any property you gave as security or your ability to repay what you owe under the Plan. ±i! ?V ,/?+b+! r*ph,t?flA?tu11 to dorrowsrs in all otheratatea:.`hw will be.n default N you do not make a payment of the amount required when It is due. You will be in default it 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 debuft it you die. ale for bankruptcy, become irwivent, N you make any false or misleading statements in any credit application or update of credit information, or it something happens we believe may substantially reduce your ability to repay what you owe. You wiN be in default if any property you have given us as security, is repossessed by someone Oise, seized under a torleiture or similar law, or if anything else happens that significantly affects the vafue of the property of our seatrty interest in it. You will also be in default under the Plan N you are in default under any other ban agreement with us. ACTIONS AFTER DEFAULT -- The following paragraph applies to borrowers In Colorado, Dkb*:t of Con rnbls liowA XansaA dMskv Mossechuseft ANasoud Abbrasksy South Canoitna and bleat Wrpfila: When you are in default and after expiration of any right you have under applicable state law to curs your detautt, we can demand fmrned late payment of the entire unpaid balance under the Plan without ghhng you advance notice. Tl* mHowhrgpanigwaph applies to borrowers it so other stores axcaptWMeonain and tout Mew When you are in detauAt, we can require immediate payment (aaceletabon) of the entire unpaid balance under the Plan, You waive any right you have to demand for paymero, notice of intent to accelerate and notice of scosWation. The /ollowbrg paragraphs apply to borrowers in 81108106 euC*pt Wisconsin and Louisiana: If immediate payment is demanded, you will continue to pay interest until what you &A* has been repaid at the applicable interest rates in effect or, if applicablet cpsmol PSECU FORM 83146 • LOANLiNER' Credit and Security CieditAcrreemenf (contlnued) at the default rate disclosed on the Addendum. If a demand for immediate payment has been made, your shares andlor 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. You 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 i breach of the peace. If we ask, you promise to deliver the property at a time and place we choose. If the property is a motor vehicle or boat, you agree that we may obtain a key or other device necessary to unlock and operate 4, when you are in default. We wig not be responsible for any other property, not covered by this Agreement. that you leave inside the property or that is attached to the property. We will try to return that property to you or make it available br you to claim. After we have possession of the property, we can salt it and apply the money to any amounts you owe us. We will give you notice of any public disposition or the state after which a private disposition will be hell. 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 taw or awarded under the Bankruptcy Code. You Mrs! PAW to any unpaid an balance under the plan, y air the sale money has been applied agree to pay Interest on that amount at the same rate as the advance, or, if applicable, at the default race disclosed on the Addendum, untl that amount has been paid. The 1000 pang parsgny?h aplpilso only to 107sconsin borrowers: when you are in defauft and air expwalbn of any rigr f you have under applicable state law to cure your deft, we may rogim- _immedate Parm-M of your out laruding loan balance under the Plan and seek possession of property given as sawrity. You may vctuittariy give the property to us if you choose, or we may seek to We possession of the property by judicial process. If we repossess the property, you agree to pay reasonable expenses incurred to deposing of the property. M the property is a motor vehicle. mobde home. traller, snour muobia, boat or aircraft, you will also be required to pay any costs permitted by Section 422.413 of the 1 onsin Stawtes.lbu must pay arty amount that remains unPwd 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 applcabie, at the default rata disclosed on the Addendum, until that amours is paid. lt the property is boated outside Wisconsin at the time of default, we may take possession of the property without judicial process, if permitted by the state where the property is located. The Aftwiirlgi PwVrVh apphos only to Lotu"na borrowers: When you are in default, we can require immsdiate payment (acceleration) of the entire unpaid balance under the Plan. Ybu waive any right you have to demand for payment, notice of indent to accelerate and notice of accelratbn. It immediate payment is demanded, you will confirm to pay interest until what you owe has been repaid at the appioable interest rates in effect unless a delault rate is disclosed on the Addendum It a demand for immediate payment has been made, the shares and deposits given as security br the Pion 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 - TTw Intiowing paragnyhh sppt/as only to bonow ers In Who We have the right to change the terms of the Plan from time to are after *Ing you any advance notice required by law Arry change to the interest rate or other charges will apply to future advances. The tolloweng Panpntyah aplpttar only to borrowers In Wisransi t, We can change the tarts of the Platt from time to time in accordance with Section 422.415 of the Wisconsin Statutes. Ybu will be notified of any change in terms. An increase in the daily periodic rate under a vanable rate interest rate is not considered a change in farms under the Plan. We can cancel the entire Plan or any part of the Plan at any time. Ybu may cancel the Plan at any time by giving us prior written notice, Yom obligation to pay the unpaid balances under the terms of the Plan continues whether you or the credit union caned the Plan, except to the extent that your liability is km tad by Section 422.4155 of the Wisconsin Statutes. Me g P + opPlie+ only to borrowers In tows: 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 testing balances. The tg para + apptles to bonvi veins 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 tow. Any change in the interest rate will apply to future advances„ and at our discretion and "ad to any requirements of applicable law, will also apply to unpaid balances. The robing Paragraph appftsu to alt but Wisconsin borrowers. An increase in the daily periodic rate under a variable interest rate is not considered a change in toms undo the Plan. We can cancel Ore entire Plan or any part of the Plan at any time. You may cancer 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 arty of our rights under this Plan any number of times without losing the ability to exercise our rights later. We can enforce this Plan against your heirs or legal representatives. It we change the terms of the Plan, you agree that this Plan will continue to protect us. CONTINUED EFFECTIVENESS - If any part of this Plan is determined by a court to be unenforceable, the rest will remain in ettect. 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, 7Ae toy#**# is revaftraai by twmarrt taw - NOTICE TO CO-SIGNER - YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. The fopowing paragraphs apply it you of" security in connection with an advance under the Plam They apply to borrowers in all states except Louisiana. Loutalana 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 Inae'est 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 that future. The security interest also includes any replacements for the property which you toy within 10 days of the Advance or any extensions, renewals or refinancing of the Advance. It also includes any money you receive from selling the property or from insurance you have on the property. H the value of the property declines, you promise to grove us more property as security if asked to do so. W14ATTHE SECURITY INTEREST COVERSICROSS 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, It also secures arty other advances you have now or recohie In the future under the Plan and aryf.ott?er amoums or loans, tnctudtng any craft card NOYan, you owe us for any reason now or in the future, except any ioxn secured by your principal residence. If the property is household goods as defined by the Federal Trade Commission Credit Practices Rule, the property wig secure only the Advance and not other amounts you owe. OWNERSHIP OF THE PROPERTY - lrbu promise that you own all property you give as security or if the Advance is to buy the property, you pranrise you will use the Advance for that purpose. Yaw promise that no one else has any interim in or claim agiWinst the property that you have not already told us about. You promise not to self or pease the property or to use lt as security for a ban with another creditor urgd the Advance is repaid. You promise you will albw no other security interest or rain to attach to the property either by your actions or by operation of law, PROPERTY INSURANCE, TAXES AND FEES - You must maintain property insurance on all property that you give as security wider the Plant. You may purchase the property bmutaTnce from anyone you choose who is acceptable to the Cre(it Union. The amount and coverage of the property insurance must be aCCep tabis to us. You may provide the property insurance through a policy you already have, or through a policy you get and pay for. You promise to malice the insurance policy payable to us and to deliver g;the policy or proof of coverage to us 4 asked to do so. ff you cancel your insuranA and get a refund, we have a right to the refund, U the property is bat 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 craft 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 toes (like registration tees) due on the property. It you do not pay the taxes or fees on the property when due of keep it insured, we may pay these obligations, but we are not required to do so. Any money we spend lot taxes, tees or Instance will be added to ftre 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 racerv a payments in connection with the insurance from a conVanyr 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 mew engage others to do so. The insurance charge added to an advance may include (1) the insurance cornpanyhs payments to us and (2) the cost of derermirrrag compllance with the Murance requirements. If we add amounts for taxes, fens or insurance to the unpaid balance of an advance, we may increase your payments b pay the amount added within the term of the insurance or approximate term of the advance. INSURANCE NOTICE - It you do not purchase the required property insurance, the Insurance we may purchase and charge you for will cover only our interest in the properly. 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 Wit not be lialbiiity Insurance and will not satisfy any slats finarlClat responsibility or no fault taws, PROTECTING THE SECURITY INTEREST - If your state issues a title for the property, you promise to have our security interest shown on the title. We may have to file what is caged a financing statement to protect our security interest from the claims of others. it 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 pray all costs, including but not limited to any attorney fees, we irhcur in protecting our security interest and rights in the property, to the extent permitted by applicable law. • LOANUNt:R' Credit and Security Credit Agreement {continued) USE OF PROPERTY - Until the Advance has been paid off, you promise you will: (1) Use the property carefully and keep it in good repair. (2) Obtain out written permission before making major changes to the property or changing the address where the property is leapt. (3) inform us in writing before changing your address. (4) Allow us to inspect the property. (5) Pmmm.ptiy notity us it the property is damaged: stolen or abused. (b') Not use the property for any unlawful purpose. (7) 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 noboa of default. The notice will be malled to the address you gave us. It is your responsibility to notify us it your address changes. The maximum This notice contains important information about your rights and our responsibilities under the Fair Credit tilling Ad. You are advised to read your monthly statement and review it lor any error discrepancies or unauthorized transactions, NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR STATEMENT. d you think your statement is wrong, or if you creed more information about a tratrosetion 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 sett your statement wherein the error or problem first appeared regarding any discrepancy or unauthorized transactions on your account. Failure to notity 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 IeW give us the following information: Your name and account number. The dollar amount of the suspected error. Dem be the error and expiain. it you can, why you believe there is an error. I you need more irdtirmation, des crbe the item you are not sure about. If you have authorized us to pay a credit card account !automatically from your share accotart or checking account, you can stop the payment on any, amount you think is wrong. To stop the payment yam letter trust reach us three business days before the automatic payment is Schedtled to occur. YOUR 11110 fS AND OUR RESPONSIBILJTTES AFTER WE RECEIVE YOUR WRITTEN NOTICE - We must acknowledge your letter within 30 days. unless we !rave corrected the error by ltren. Within 90 days, we must either correct the error or exptam why we believe die statement was correct in dris Agreement, the words, you and your means each and sit of those who apply for the card or who signs the Agreement. Card means to Visa Credit Card and any duplicates and renewals we issue. Account means your Visa Credit Card Line of credit account with us. We, sus, and ours means this Credit Union. 1. Yot?s sad -you agree to repey all-debts•endthe Finance Charge arising from the use of the cad and the card account. For example, you ate responsible kr Che W 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 urhtt the card is recovered. You cannot disclaim responsibility by nofdyirlg tor, but we will dose the account for new transactions if you $o request and return as cards.Yaur gaibn to pay the account balance continues even though an agreement, divorce decree or other court iudgment to which we are not a party may direct you or one of the other persons responsible ttr pay the account. The cads remain our property and you must recover and surrender to us aft cards upon our request and upon termination of this Agreement. 2. LOST CARD NOTIFICATION - n you believe the card has been lost or stolen. you will Immediately call the Credit Union at (717) 234-8484 at (800) 237-7328. After fours call (SW) 5.ri8-5678. S. LIABILITY FOR UNAU HORtZED USE -- low agree to notify us immediately, orally or in wit of the loss, theft or unauthorized use of you Credit Card. Nbu may be fable br tine unattithorized use of your Credit Card. You will not be fiabie for unauthorized use that occurs alter you notify us of the bss, that or pile unauthorized use. You will have no liability Ior urwAxAzed purchases shade with your Credit Card, unless you are grossly negligent in the handling of your Card. In any cam, your liability will not exceed $50. 4. CREDIT LINE - it We ove your application, we will establish a seif- repienishing Lane 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 ac omort will restore your Credit Line by the amount of the payment which is applied to the principal. You 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. Alter we receive your letter, we carrot try to coftd any amount you question. or report you as definqueril. We can continue to send staterneMs to you for the amount you question, including finance charges, and we can apply any unpaid Mount against your Credit find. you do riot have to pay any questioned amount while we are investigating, but you are so obligated to pay the parts of your statement that are not in question. It we fins} that we rnsift a matake On your statement, you win not have to pay any finance charges related to any questioned amount. if 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 arrounl. In either case, we will send you a statement of the amount you owe and the date that it is due. It you fail 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 titling 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 mug tell anyone we report you to that the matter has been setffed between us when k finally is, If we dons follow these rules, we can't collect the first $50 of the questioned amount, even it your statement was correct. SPECIAL RULE FOR CREDIT CARO PURCHASES -- if you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good With to correct the problem with the merchant, you may have the right cwt to pay the remaining amount due on the property or services. Thera are two limitations on this rigtlt: (a) You must have made the purchase in your home state or, it not widrin your home state, within 100 miles of your current mailing address; and (b) The purchase price must have been more than SM. These limitations do not apply it we own or operate the merchant. or it we mailed you the advertisement for the property or services. Una only by wrfden application to us. which must be approved by our credit committee or ban officer. By giving you written notice we may reduce your Credit Lire from time to time, or with good cause, revoke your card and terminate this Agreement Good came irml odes your failure to com* with this Agreement or any other agreement with 3[e'!uallla$Qnt fct. creditrrartitir?ss tbu rr alvo 6e?tnittate..this Agraememt at any tire, but termination by either of us does not affect your obligation to pay fie account balance, 6- CREDIT INFORMATION - You authorize us to investigate your credit standing when opening. renewing or reviewing your account and you aullhoem us to disclose k*rrthaton regarding your account to credit bureaus and other creditors who Inquire of us about your credit standing. & MONTHLY PAYMENT -- We will mat you a statement every month showing your Previous Balances of purchases and Cash advances, the atrent transacdiOns on your account, the remaining credit available under your Credo tine, the New Balances of perrduises and cash advances, the Total New Balance, the f=ranca Charge due to date, and any other Wiwi fees, and to Mlrirnurn Payment required. Every month you trust pay at least the Minimum Payment within 25 days of your statement dosing date. By separate agreement you may auuthO= us to charge the minimum payment atJ10MWM* to YOU share or checking account with us, You may, of course, pay more frequenriy, pay owe tthah the Lfinim mn Payment, or pay the Total New Balance in full, and you will red" the tinar» a charge by doing so. if your monthly payment exceeds the total as* line balance owed, we *0 automatically post the credit to your S1 shares The ttinimum payment will the (a) 2% of your Total New Balance, rounded up to the next even dollar, or (b) $20-00, wttichever is greater. In addition, at any flare your Total New Balance exceeds your Credit Line, you must immediately pay the excess upon ors demltnd, We win apply )payments in tie following manner: first to previous late fees, then to previous dash advances finance charges, tt*n to previous pumbase finance charges, then to current late tars, 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. 0 0 1lfsa" Credit Card Agreement and Truth in Lending D(sclosure {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 do>srng date. Otherwise, the New Balance of Purchases, and the subsequent purchases from the date they are posted to your account, will 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 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 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 Methohd Average Daily Balance for Purchases - The Average Daily Balance for Purchase Transmits is calculated by acing the Daily Balances (Purchase Transaction) for each day In the billing cycle, and then dividing by the number of days in the billing cycle. To caladate the Daly Balance for purchases each day, we take the Wtowing steps: We Who the outalanding balance (ail accounts you owe) at the start of the day. Then. in this 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 Moist of any Cash Advance transactions that posted to your account on that day or in any prevfuus day in the billing cycle. This gives us the Daily Balance for purchases. Asonw Daily Baianca Ix Gash Advances Cash Advance Transactions which are posted to yotr accaard are not included in the Average Daily Balance calculation for purchases, and are lfmrefos not subject to the ffmD* periodic rate for purchases. Ths Average Daily, fiance is did separately for Caste Advances and is subject to the Cash Advance Mon" Periodic Rate. The Average Dally Balance for Cash Transactions is calculated by adding the Daly Balances (Cash Transaction) for each day it the bating cycle. and then d'ivu& by the nunbar of days in the bang cycle. To calculate the Daily Balance for casts each day, we take the biowlg steps: We take the outstanding balance (al arnounea you ors) at the start of the dale Then. in the sequence in whicln anxxz te are posted to your account, we add the amounts of all dkbts and subtract the amounts of all tadaits orpsyrnenle which post to your scoosnt that day. After applying payn'edts and caddis, we subtract the arrhouat of arty unpaid Finance Charges or late Charges. 71tdn we also subtract the amount of any Purchase Transactions that posted to your soccurd on tnei day or in any provhoths day in the billing cycle, This gives us the Daly Balance for Cash Advance Trainsaciicim Naha: Cash Advances am always subject to linancre charges and from the day they an posted to your account Payr" are applied in the following manner; first to previous late fees, then to previous cash advances finance charges, then to previous purchase finance charges, than to current fate foes, than to previous cash advance balances. Men to previous pumhaae balances in the order that they were posted to your account, than to oirrent 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 there to the balance of your aocount Note also that t the total of the payments and credits which are posted to your aocourt by the Payment Dose 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. 0. DEFAULT--You will be in default t you fad to make any Minanum Payment within 25 days after you mon#* statement closing date. You authorize us to transfer funds sufficient to make it* minitnu m payment due it your Visa loan is in default. You wdl also be In do" if your ability to repay us is materfaly reduced by a change in your employment, an increase in your obligations, bankruptcy or insolvency proceedings nivvlvirig you, your death our your failure to abide by this Agreement, or d the value of our security Interest matertelly delclirnes, We have the right to demand immediate payment of yow kid account balance it 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 less. & USING T14E CARD - To make a purchase or cash advance, there are two alternative procedures to be followed. One is for you to present the card to a participating Visa plan merchant, or another financial Insstitution, and sign the safes 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 Teller Machine or other type of electronic terminal that provides access to tie Visa system. 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 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 fumished at the time of the transaction in order to verify the montt>: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 Cana and that the current Annual Percentage Rate for cash advances will apply It. 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 tine of credit. It your credit and payments exceed what you owe us, we will automatically post the excess credit balance to your St Shares within 75 days. If the balance is one dollar or more. upon your written request, we wig refund the credit balance to you. 12. FOREIGN TRANSACTIONS - The exchange rate between the transaction currency and the biitng 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 recswes, 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 be, which totals I% 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 - if you disagree or fated 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 purdtase 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 an which we sent your statement wherein the error or problem first appeared regarding any discrepancy or unauthorized transaction on your account. Telapttoning PSECU does not preseto 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 transacfion(s) in question. PSECU must adhere to strict dispute tlnetrames set forth by Visa I& 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 applloatlon of your payments in the manner described it the Monthly Payment section. With respect to this account only, we will not assert any statutory rot we may have it you are in default to prevent withdrawal of your u npledged credit union shares (Deposits) below the unpaid balance of you account. however, it 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 you pledged shares (Deposits) and by the property described in theme other security ag , except for your home. 1& EFFECT OF AGRE NT -This Agreement is the contract which apples to all transactions on your account even though the sales, cash advance, cwt or other slips you sign or receive may contain dOorent terms. We may amend the Agreement from time to time by sending you the advance twriiten notice required by law. Your use of the card thereafter will indicate your agreement to the amendments. To Cite extent the law permits, and we indicate in our notice, amendments wet apply to your existing account balance as well as to future transactions. 17. LATE PAYMENT CHARGE - It your Minimum Payment is not received by the first day of the month following your due date, you will be subject to a S20 charge, 10. RUSH FEES - You may incur additional charges for rush processing and rush delivery of cards and/or PIN mailer. 19, OVER LIGHT FEE- A $20 fee will be applied breach monthly statement dosing date on which the ouitsmncling balance exceeds the assigned erect trout by more Iran $100. 20. DRAFT COPIES - You may incur an additional charge for transaction summary/sale draft documentation. 21. COPY RECEIVED -You acknowledge receipt of a +xpy 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. 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Docketing 6.00 Service 10.00 Affidavit .00 R. Thomas line Surcharge 10.00 Sheriff of Cumberland County >? jb Q ID 00 26. VAN ECK & VAN EICK 10/07/2008 Sworn and Subscribed to before me this day of A. D. I SHERIFF'S RETURN - REGULAR CASE NO: 2008-04692 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA STATE EMPLOYEES VS FORRY JONATHAN D ET AL MICHELLE GUTSHALL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LEE GWENDOLYN K the DEFENDANT at 0009:11 HOURS, on the 4th day of October 2008 at 6 OAK RIDGE ROAD CARLISLE, PA 17015 by handing to GWENDOLYN LEE DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with I and at the same time directing Her attentionito the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 .00 /D/o4?0 3 3 . 0 0 Sworn and Subscibed to before me this day of So Answers:. R. Thomas line 10/07/2008 VAN ECK & VAN ECK By. Deputy Sher A.D. . CASE NO: 2008-04692 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA STATE EMPLOYEES VS FORRY JONATHAN D ET AL STEVE BENDER day Cumberland County,Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FORRY JONATHAN D the DEFENDANT , at 1245:00 HOURS, on the 9th day of August 2008 at 706 ALLENVIEW DRIVE MECHANICSBURG PA 17055 by handing to LOREN FORRY, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention; to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.00 Affidavit .00 Surcharge 10.00 00 l0I Q?o4 40.00 Sworn and Subscibed to before me this of So Answers: R. Thomas line 10/07/2008 1 VAN ECK & VAN ECK By: ZZ' Deputy Sheriff A. D. BY: Melissa L. Van Eck, Esquire Attorney for Plaintiff Attorney I.D. No. 85869 P.O. Box 6662 Harrisburg, PA 17112 7171540-5406 PENNSYLVANIA STATE EMPLOYEES : IN THE COURT OF COMMON PLEAS CREDIT UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 08-4692 Civil Term JONATHAN D FORRY and GWENDOLYN K LEE Defendants CIVIL ACTION -LAW PRAECIPE TO SATISFY CASE TO THE PROTHONOTARY: Please mark the case Satisfied that was entered against the Defendants in the above captioned matter as settled and please discontinue. Respectfully submitted, VAN ECK & VAN ECK, P.C. By: Melissa L. Van Eck, Esquire ID #85869 P.O. Box 6662 Harrisburg, PA 17112 717-540-5406 Dated: - ? LU Attorney for Plaintiff Document #: 218597.1 9 c° ?Y r 4 i„p t j rsr