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Home My WebLink About04-1992 SUSQUEHANNA V ALLEY FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 04 - /99').... c,u.J 'i~ DOUGLAS A. WHEELER CIVIL DIVISION - LA W Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. SUSQUEHANNA VALLEY FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 04 -lq9~ C!.,'uiL~~ CIVIL DIVISION - LAW DOUGLASA.WHEELER Defendant COMPLAINT The Plaintiff, SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum ofTEN THOUSAND, EIGHT HUNDRED TWO DOLLARS AND SEVEN CENTS ($10,802.07), along with interest thereon from April 20, 2004 , at the rates as agreed upon between the parties, upon a cause of action of which the following is a statement: I. The Plaintiff, SUSQUEHANNA V ALLEY FEDERAL CREDIT UNION, is a corporation organized and existing under Federal Laws, having its principal office and place of business at 3850 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania, ] 701 ]-7809. 2. The Defendant, DOUGLAS A. WHEELER, is an adult individual residing at 3 Clendenin Circle, Eno]a, Cumberland County, Pennsylvania 17025-2252. 3. On or about January 7, 2003, Defendant did apply for credit with Plaintiff through its Loanliner Program. A true and correct copy of the Loanliner Application as executed by the Defendant is attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant did enter into a Loanliner Security Agreement for an individual loan in the amount of Ten Thousand Dollars and Zero Cents ($1 0,000.00) per Plaintiff s Loanliner Open-End Voucher and Security Agreement attached hereto, marked Exhibit "B" and made a part hereof. F;IUSERIST ACY\CCP COMPLAINTS\ WORKIsvcu304 I 4. wpd;26Apr04 5. Subsequent thereto, Defendant did draw on said Loanliner account, thereby creating a balance due and owing, as of April [9,2004, in the principal amount of Eight Thousand, Six Hundred Dollars and Twelve Cents ($8,600.12), as set forth on Plaintiffs Statement of Account attached hereto, marked as Exhibit "c" and made a part hereof. 6. Due to Defendant's default in payment of said amount due and owing as aforesaid, interest has been added to said account in the total amount of Four Hundred One Dollar and Five Cents ($401.05), as shown on Exhibit "C" attached hereto and made a part hereof. 7. Due to Defendant's default in payment of said amount due and owing as aforesaid, and pursuant to the terms of the Loanliner Credit Agreement, attorney's fees in the amount of One Thousand, Seven Hundred Eighty Dollars and Ninety Cents ($1,780.90) have been added to said account, as set forlh on Plaintiffs Exhibit "B" attached hereto and made a pari hereof. 8. The balance due and owing by Defendant to Plaintiff is the sum of Ten Thousand, Eight Hundred Two Dollars and Seven Cents ($10,802.07), as appears by the Statement of Account hereto attached, marked as Exhibit "C" and made a pari hereof. 9. Plaintiff has frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant has refused and neglected and still refuses and neglects to pay said amount of any pari thereof. F:IUSER 1ST ACY\CCP COMPLAINTSI WORKIsvcu304 I 4.wpd:26Apr04 3 WHEREFORE, Plaintiff brings this suit to recover from Defendants, the sum of TEN THOUSAND, EIGHT HUNDRED TWO DOLLARS AND SEVEN CENTS ($10,802.07), along with interest thereon from April 20, 2004. Respectfully submitted, Robert D. Kodak 407 North Front Street Post Office Box # 11848 Harrisburg, P A 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:IUSERIST ACYlCCP COMPLAINTSI WORKIsvcu30414. wpd:26Apr04 @ SUSQUEHANNA VALLEY FEDERAL CREDIT UNION 3656 Hartzdale Drive Camp Hili, PA 17011-7609 (717) 737-4152 l(W4." UNUN~IB~!. i i _.. .,,, Application Married Applicants: May apply for a separate account. Individual Credit: You must complete the Applicant section about yourself and the Other section about your spouse if: 1. you live in or the property pledged as collateral is located in a community property state IAK. AZ. CA, 10, LA, NM, NV. TX. WA. WI), 2. your spouse will use the account, or 3. you are relying on your spouse's income as a basis for repayment. If you are relying on income from alimony, child support. or separate maintenance. complete the Other section to the extent possible about the person on whose payments you are relying. Joint Credit: If you are applying with another person, complete the Applicant and Other sections. Guarantor: Complete the Other section if you are a guarantor on an account/loan. LOANLINER Account/Loan: I ndi vi dua l Loan (Including A TM/Debit Card Access to the Account if Available) Amount Requested $ 10,000.00 Purpose/Collateral: Other Repayment: Cash PAYMENT PROTECTION No Single Credit Disabi l ity No Single Credit Life No Joint Credit Life ~ou~las A Yheeler MOTHER'S MAIOIfN NAME ACCOUNT NUMBER SOCIAL SECURITY NUMBER 162-54-5190 AGES OF DEPENDENTS 12300-1 ORIVER'S LICENSE NUMBER/ST ATE PA OL 19-004-861 BIRTH DATE HOME PHONE BUSINESS PHONE/EXT. OS/24/1960 (717)-761-5101 j)RESENT ADORESs 3 Clenddenin Circle Enota, PA 17025-2252 PREVIOUS ADDRESS LENGTH AT RESIDENCE LENGTH A"f RESIDENCE COMPLETE ~OR JOINT CREDIT, SECURED CREDIT OR IF YOU LIVE IN A COMMUNITY PROPERTY STATE: MARITAL STATUS: Married EMPlQYi'!1EN,IINCOME! $3,954.17 NAME AND UEST SHORE RAOIATOR AODRESS OF EMPLOYER PER Month Gross PA TITLE/GRADE START DATE tOURS At WORK IF SELF EMPLOYED, TYPE OF BUSINESS SUPERVISOR'S NAME NotiCE: AUMONY, CHIL.(> SUPPORT, OR SEPARATE MAINTENANCE INCOME NEED NOT BE REVEALED IF YOU DO NOT CHOOSE TO HAVE IT CONSIDERED. OTHER INCOME $ peA SOURCE $ P!A SOURCE $ PER SOURCE $ peR SOURCE MIUTARY: IS DUTY STATION TRANSFER EXPECTED CURING NEXt YEAR? WHERE ENCING!SEPARATION DATE PREVIOUS EMPLOYER NAME AND ADORESS IF EMPLOYED L~SS THAN FIV: YEARS STARTING DATE ENDING DATE NAME ANO ADDRESS OF NEAFlEST RELATIVE NOT LIVING WITH YOU 10 CUNA MUTUAL GROUP, 1980, 82, B4, 86, 89, 2000, ALL RIGHTS RESERV!;D Credit Card Account: (See Disclosure Table or Agreement for Terms) Credit Limit Requested $ If Authorized User, Name: The credit union will disclose the cost of this voluntary insurance to you. A separate insurance election which discloses the terms and conditions must be signed tor coverage to become effective. NAME MOTHER'S MAIDEN NAME ACCOUNT NUMBER SOCIAL SECURITY NUMBER DRIVER'S LICENSE NUMBERtsTATE AGES OF DEPENDENTS BIRTH DATE HOME PHONE BUSINESS PHONE/EXT. PRESENT ADDRESS LENGTH AT RESIDENCE PREVIOUS ADDRESS LENGTH AT RESiDENCE COMPLETE FOR JOINT CREDIT, SECURED CREDIT OR IF YOU LIVE IN A COMMUNITY PROPERTY STATE: MARITAL STATUS: EMPU:lifMENl;i1NI;OME,1 $ NAME AND ADDRESS OF EMPlOYER PER TrTLE/GRAOE START DATE rOURS A f WORK IF SELF EMPLOYED, TYPE OF BUSINESS SUPERVISOR'S NAME NOTICE: ALIMONY, CHILD SUPPORT, OR SEPARATE MAINTENANCE INCOME NEED NOT BE REVEALED IF YOU 00 NOT CHOOSE TO HAVE IT CONSIDERED. OTHER INCOME $ PER SOURCE $ PER SOURCE $ PER SOURCE $ PER SOURCE MIUlARY: IS DUTY STATION TRANSFER EXPECTED OURING NEXT YEAR? WHERE ENOINGISEPARATION DATE PREVIOUS EMP\..OYER NAME AND ADDRESS If: EMPLOYED LESS THAN FIVE YEARS STARTING DATE ENDING DATE RELATIONSHIP 5 OF NEAREST RELA lIVE NOr LIVING WlTH YOU HOME PHONE AXX123 (LASER) 27861 IF YOU ANSWER ~YES~ TO ANY QUESTION OTHER THAN #1. EXPLAIN ON AN ATTACHED SHEET ,. ARE YOU A U.S. CITIZEN OR PERMANENT RESIDENT ALIEN? 2. DO YOU CURRENTLY HAVE ANY OUTSTANDING JUDGMENTS OR HAVE YOU EVER FILED FOR 8ANKRUPTCY. HAD A DEBT ADJUSTMENT PLAN CONFIRMED UNDER CHAPTER 13. HAD PROPERTY FORECLOSED UPON OR REPOSSESSED IN THE LAST 7 YEARS. OR BEEN A PARTY IN A lAWSUIT? 3. IS YOUR INCOME UKEl.Y TO DECLINE IN THE NEXT TWO YEARS? 4. ARE YOU A CO-MAKER, CO-SIGNER OR GUARANTOR ON ANY LOAN NOT LISTED ABOVE? FOR WHOM {Name of Others Obligated on Loanl: TO WHOM {Name of Creditorl: CREDITOR NAME OTHER THAN THIS CREDIT UNION (Attach 8d<Jitional sheet!sl if necesMrYI Credi t Card Credit Union Auto Loan HHLO BAHK SVFCU WAYPOINT BANK LIST ANY NAMES UNDER WHICH YOUR CREDIT REFERENCES AND CREDIT HISTORY CAN BE CHECKED: UST LOCATION OF PROPERTY OR FINANCIAL INSTITUTION .gr~!~:::~iw:.Iffi:~~:~:~ I}::i!!1 ~:~i~st ~~:~~~~a~io~~~~:ire ~~:t a~~~edi~~: make credit equally available to all creditworthy customers. and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law. INTEREST MCNTHL Y oweD BY RATE PRESENT BALANCE PAYMENT APPUCANT OTHER $ 4,738.00 $ 53.00 X $ 19,500.00 $ 294.00 X $ 26,600.00 $ 286.00 X $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTALS $ 50,838.00 $ 633.00 MARKET VALUE PLEDGED AS COlLATERAL. FOR ANOTHER LOAN OWNED BY APPUCANT OTHER $ $ $ $ $ $ $ APPUCANT Yes OTHER No No No unless the Credit Union is furnished a copy of the agreement. statement or decree, or has actual knowledge of its terms. before the credit is granted or the account is opened. (2) Please sign if you are not applying for this account or loan with your spouse. The credit being applied for. if granted. will be incurred in the interest of the marriage or. family of the undersigned. WISCONSIN RESIDENTS ONLY: tll No provISion of any marital property I X agreement. unilateral statement under Section 766.59,. or court decree under Section 766.70 will adversely affect the rights of the Credit Union SIGNATuAE FOA WISCONSIN RESIDENTS ONLY DATE 1. You promise that everything you have stated in this application is correct to the best of your knowledge and that the above information is a complete listing of what_ you owe. If there are any important changes you will notify us in writing immediately. You authorize the Credit Union to obtain credit reports in connection with this application for credit and for any update. increase. renewal. extension or collection of the credit received. You understand that the Credit Union will rely on the information in this application and your credit report to make its decision. If you request. the Credit Union will tell you the name and address of any credit bureau from which it received a credit report on you. It is a federal crime to willfully and deliberately provide incomplete or incorrect information on loan. applications made to federal credit unions or state chartered credit utlions,insured)by NCUA. Lx 'i/J~ j/ b. .t~~!,CANT'S SIGNATURE 0P (SEAL, /- (7-0 ;. 01/17/2003 Action Notice Senti $ LOA.N OFF1CE;R COMMENTS: SIGNATURES: X DATE 2. If you are applying for a credit card. you understand that the use of your card will constitute acknowledgment of receipt and agreemE!nt to the terms of'the credit card agreement- and diaclosures. You grant us a security interest in all individual and joint share and/or deposit accounts you have with us now and in the future to secure your credit card account. When you Bre in default. you authorize us to apply the balance in these accounts to any amounts dUe. Shares and deposits in an Individual Retirement Account. and any other account that would lose special tax treatment under state or federal law if given as security. are not subject to the security interest you have given in your shares and deposits. 1IIIx (SEAU -II OTHER SIGNATURE DATE $ $ S 21. 6260( X DATE PAGE 2 AXX123 {LASER] 27E160 ~~ '"""......,."" FEDERAL CREDIT UNION 3850 HarlZdale Drive .' Camp Hili. PA 17011.1BQ9 (717) 737.4152 lCWtUNa Open-End Voucher and Security Agreement BORAOWER 1 NAME Douglas A Wheeler BORROWER t ADDRESS 3 Clenddenin Circle Enola, PA 17025-2252 BORROWER 2. NAME A.CCOUNT NUMBER 12300'1 AMOUNT REQUESTED $ 10,000.00 PuRPOSE: Other DATE 01/17/2003 HOM E TELEPHONE NUM BEA (717).761.5101 SOCIAL SECURITY NUMBER 162-54'5190 ACCOUNT NUMBER CEPQSIT CHECK IN ACCOUNT NUMBER/OTHER: BORROWER 2 ADDRESS SOCIAL SECURITY NUMBER CHECK PAYABLE TO: REPAYMENT METHOD: Cash BORROWER 1 EMPlOYER NAME WEST SHORE RADIATOR BORROWER 2 EMPLOYER NAME WORK TELePHONE NUMBER (717)-761'3960 WORK ,;:' ....PHONE NUMBER DATE HIRED GROSS MONTHLY SALAAY '3,954.17 GROSS MONTHLY SALARY $ DATE HIRED NOTICE: YOU DON'T HAve TO INCLUDE INCOME FROM CHILD SUPPORT, SEPARATE MAINTENANCE. OR ALIMONY UNLESS YOU WANT THE CREDIT UNION TO CONSIDER IT. SOURce OF OTHEF\ INCOM E OTHER MONTHLY INCOME . ---------------.--. -- : ~. "~i.. :,r-:!":'~ :~--r.:1 ~. ~N I:; '-I~ :7~:"':''': '"r,,; \:~ ....:I'.~.. tM::~ i,::I.~1 ,,:'~'I":', WtlAT YOU OWI;:____ i - -.--.- -- --'-- - - -_._, I =',";~"!io..,..., .....!'~...:N: "I,~:..\~':' '.~ ::'':' r' r ",\ ....~':...,.- .-. ,:':-':'.' '. = -::". :, - ... ~ HHLO BANK SVFCU WAYPOINT BANK 4,738.00 19,500.00 26,600.00 , 53.00 294.00 286.00 % % % !it;:/.;:.."..,..... $ !$tlIlSEOOeIllTE(EdTlollliFORvOttlNTAI'tV'P;&YMEN'tPROirEdTIClN} ........"'-.......-...-... ,:-:-:,:-:,:-:,:,:,:,:,;,:::,;,-,:::,:-:::':"""':":-: ",:",.".:"",,:,<::,:,:,::;::.:.,....,. ~. You can now voluntarily' elect to become insured with the coverage(s) shown below. In order for coverage to become effective you must meet all eligibility requirements stated in the Credit Insurance Application/Schedule. A statement of insurability must be completed if you are adding coverage more than 30 days after the date of your advance_ Details of this insurance coverage are included in the Insurance Certificate which you received with your Credit Agreement. Ask us if you need a copy of the Insurance Certificate. You agree to the terms of the insurance election checked below and you authorize us to add the charges for the insurance to your outstanding balance each month. Your payment amount will increase or you will be required to make additional payments. Coverage election applies to the entire balance on this subaccount. Insurance rates are subject to change. YOU ELECT THE FOLLOWING: NO Single Credit Disability NO NO NO Single Credit Life Joint Credit Life COST PER $1 ()o OF YOUR MONTHLY LOAN SALANCE SEE SEPARATE RATE SCHEDULE .070 .123 NAME OF INSUREOIS) >- DAILY PERIODIC RATE ~ .032740% % o AMOUNT ADVANCED III ,10,000.00 :J Your term will be approximately 60 payments, which may be more or less, depending on whether you p~epay. have Z late payments, or insurance is added,. etc. o Z :;:) ...SECOR1TY.ClFFEREOi!XI.cONSUMERS<c(AiMsANoOEFENSES\Nilj:ncHECKEb'isEe'ipARA~RAPH6FORiNClTicE.. ...\ 1:: THE ADVANCE IS SECURED BY YOUR SHA.RES. ALL PROPERTY SECURING OTHER PLAN ADVANCES AND LOANS RECEIVED IN THE PAST OR IN THE FUTURE. AND THE FOLLOWING C PROPERTY/MODEI. YEAR 1.0. NUMBER VALUE KEY NUMBE:R ~ SIGNATURE 0000 . U $ ~ $ o , "- ANNUAL PERCENTAGE RATE 11.95000'% INTEREST RATE IS: OTHER FEES {Amount and Oescriptionl NEW BALANCE THIS SUBACCOUNT $ 10,000.00 Fixed , N/A PAYMENT AMOUNT , 222.11 DATE DUE 02/16/2003 PAYMENT FREQUENCY Monthly LINE OF CREDIT LIMIT , REMAINING LIMIT , P:"E:lGE OF SHARES AND/OR DEPOSITS $ ACCOUNT NUMBER PLEDGE OF SHARES ANDIOR DEPOSITS $, ACCOUNT NUMBER B ing below. b;-e. endonsing the proceeds check or by using the amount advanced and deposited into your share/share draft account you agree: . To, e end be~und by the terms of this Security Agreement Including the cross collateral clause: 2, The eb"pve lnfoth-piltion is true and eon-ect and th Credit Union will rely on that information and your credit report to make a credit decision: \ l~'; ~~:~7\S ?iSZOd abovo in acco an7 with .ho ~:~::, o~~:u~:~a;;1 ~R' smNAle . DATE IIX ,SEALl II SIGNATURE DOWNER OF COLLATERAL IOther than a Borrowef} Il"\ rllNA ~.r1UTUAL GROUP. 1980,82. 84. 86, 89. 98, 99. 2000. ALL RIGHTS RESERVED DATE (SEAL) II DATE (SEALI ther thaI'! a Borrower) DATE VXX064 (LASER) 2786 I Susquehanna ValLey FederaL C~edlt Union 'Douglas A UheeLer I Date 01/1712003 SECURITY AGREEMENT In this agreement all references to "credit union," "we," "our" or "us'" mean the credit union whose name appears on this agreement and anyone to whom the credit union assigns or transfers this agreement. All references to "you," "your" or "borrower" mean each person who signs this agreement. You have previously executed an open~end agreement ("Plan") with the credit union (loan number specified above) under which you may receive credit from time to time. If you are required to provide security in connection with a particular extension of credit ("Advance") the property that is security will be described on a receipt, voucher or other document that you receive at the time of the Advance. That property description and the terms below together constitute the Security Agreement. Some of the provisions of this agreement apply only if the credit union is state chartered. A credit union is state chartered if its name does not include the words .. Federal Credit Union" or "FCU." 1. THE SECURITY FOR THE PLAN - You give us what is known as a security interest in all property described in ~ :'lI1V receipt, voucher or other document you receive for the Advance. The security interest you give includes all accessions. Accessions are things which are attached to or installed in the property now or in the future. The security interest also includes any replacements for the property which you buy within 10 days of the Advance or any extensions, renewals or refinancing of the Advance. It also includes any money you receive from 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 if asked to do so. 2. WHAT THE SECURITY INTEREST COVERS -- The security interest secures the Advance and any extensions, renewals or refinancings of the Advance. It also secures any other advances you have now or receive in the future under the Plan and any other amounts or loans. including any credit card loan, you owe us for any reason now or in the future. except any loan secured by your principal residence. If the property is household goods as defined by the Federal Trade Commission Credit Practices Rule, the property wif( secure only the Advance and not other amounts you owe. 3. OWNERSHIP OF THE PROPERTY -- You promise that you own the property you give as security or if the Advance is to buy the property, you prom ise you will use the Advance for that purpose. You promise that no one else has any interest in or claim against the property that you have not already told us about. You promise not to sell or lease the property or to use it as security for a loan with another creditor until the Advance is repaid. You promise you wiCf allow no other security interest or lien to attach to the property either by your actions or by operation of law. 4. 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 called a finanl:ing statement to protect our security interest from the claims of others. If asked to do so, you promise 'to sign a financing statement, You arso promise to do whatever else we think is necessary to protect our security interest in the property. You promise to pay aU costs, including but not limited to any attorney fees, we incur in protecting our security interest and rights in the property, to the extent permitted by applicable law. 5. 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 our written permission before making major changes to the property or changing the address where the property is kept. (31 Inform us in writing before changing your address. 141 Allow us to inspect the property. (5) Promptly notify us if the property is damaged. stolen or abused. (6) Not use the property for any unlawful purpose. 6. CONSUMERS' CLAIMS ANO DEFENSES NOTICE -- The following paragraph applies only when the box on page one is checked. @CUNA MUTUAL GROUP, 1980. 82, 84, 86, 89. 98. 99, 2000, ALL RIGHTS RE;SEAVED 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 PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 7. PROPERTY INSURANCE, TAXES AND FEES .- You must maintain property insurance on all property that you give as security under the Plan. You may purchase the property insurance from anyone you choose who is acceptable to the Credit Union. The amount and coverage of the property insurance must be acceptable to us. You may provide the property insurance through a policy you already have, or through a policy you get and pay for. Vou 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 insurance and get a refund. we have a right to the refund. If the property is lost or damaged, we can use the insurance settlement to repair the property or apply it towards what you owe. You authorize us to endorse any draft or check which may be payable to you in order for us to collect any refund or benefits due under your insurancELPolicy. You also promise to pay all taxes and fees (like registration fees) due on the property. If you do not pay the taxes or fees on the property when due or keep it insured, we may pay these obligations, but we are not required to do so. Any money we spend for taxes. fees or insurance will be added to the unpaid balance of the Advance and you will pay interest on those amounts at the same rate you agreed to pay on the Advance. We may receive payments in connection with the insurance from a company which provides the insurance. We may monitor our loans for the purpose of determining whether you and other borrowers have compiied with the insurance requirements of our loan agreements or may engage others to do so. The insurance charge; added to the Advance may include (1) the insurance company's payments to us and (2) the cost of determining compliance with the insurance requirements. If we add amounts for taxes, fees or insurance to the unpaid balance of the Advance. we may increase your payments to pay the amount added within the term of the insurance or approximate term of the Advance, 8. 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 insurance will not be liability insurance and will not satisfy any state financial responsibility or no fault laws. 9. DEFAULT -- Tha following paragraph applias only to Wisconsin borrowers. You will be in default if breaking any promise you make under this agreement materially impairs the condition, value, or protection of or our rights in any property you give as security. You will also be in default under this agreement if you are in default under the Plan. ThB following paragraph applies to all other borrowers: You will be in default if you break any promise you make under this agreement. You will also be in default if you are in default under the Plan. 10. WHAT HAPPENS IF YOU ARE IN DEFAULT - Tha fallowing paragraph applies to borrowers in Colorado; District of Columbia. Iowa. Kansas; Maine; Massachusetts; Missouri; Nebraska; West Virginia and statB chartered credit'unions lending to South Carolina borrowers. When you are in default and after expiration of any right you have under applicable state law to cure your default, we can demand immediate payment of the entire unpaid balance under the Plan without giving you advance notice. The follOWing paragraph applies to borrowers in all other states and federally chartered credit unions lending to South Carolina borrowers. When you are in default. we can require immediate payment (acceleration) of the entire unpaid balance under the Plan. You waive any right you have to demand for payment, notice af CREDIT UNION COPY VXX064 (LASERj 27860 Isusquehan~a Vall~Y Federal Credit Union IDOUg~aS A W~eeler I Date 01/1712003 intent to accelerate and notice of acceleration. The following paragraphs apply to all borrowers. You agree the Credit Union has the right to take possession of the property given as security under the Plan. without judicial process, if this can be done without breach of the peace. If we ask, you promise to deliver the property at a time and place we choose. We will not be responsible for any other property not covered by the agreement that you leave inside property or that is attached to the property. We will try to return that property to you or make it available to you to claim. After we have possession of the property, we can sell it and apply the money to any amounts you owe us. We will give you notice of any public sale or the date after which a private sale will be held. Our expenses for taking possession of and selling the property will be deducted from the money received from the sale. Those costs may include the cost of storing the property, preparing it for sale and attorney's fees to the extent permitted under state law or awarded under the Bankruptcy Code. The rest of the sale money will be applied to what you owe under the Plan. If you have agreed to pay the Advance, you will also have to pay any amount that remains unpaid after the sale money has been applied to the unpaid balance of the Advance an!! to what you owe under this agreement. You agree to pay interest on that amount at the same rate as the Advance, or, if applicable, at the default rate disclosed on the Addendum, until that amount has been paid. 11. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN -- We can delay enforcing any of our rights under this agreement any number of times without losing the ability to exercise our rights later. We can enforce this agreement against your heirs or legal representatives. If we change the terms of the Plan, you agree that this agreement will continue to protect us, 12. CONTINUED EFFECTIVENESS -- If any part of this agreement is determined by a court to be unenforceable, the rest will remain in effect. 13. 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. 14. NOTICE FOR ARIZONA OWNERS OF PROPERTY -- It is unlawful for you to fail to return a motor vehicle that is subject to a security interest, within thirty days after you have received notice of default. The notice will be mailed to the address you gave us. It is your responsibility to notify us if your address changes. The maximum penalty tor--onlawful failure to return a motor vehicle is one year in prison and/or a fine of $150,000. THE PROPERTY DESCRIPTION ON PAGE ONE IS PART OF THIS AGREEMENT. NOTICE: SIGN THIS AGREEMENT ON PAGE ONE. REQUESTED: MEMBER PAYS PAEMIUM FOR: ~APPROVED I DENIED 01/17/2003 lAdverse Action Notice Sentl LOAN OFFICER COMMENTS: SIGNATURES: X DATE APPROVED LIMITS; SIGNATURE $ OATE ~ CUNA MUTUAL GROUP. 1 9ao. 82. 84. 86. 89. 98, 99. 2000, ALL RIGHTS RESERVED CHECK NUMBER; PLANISUBACCOUNT NO.: LINE Of: CREDIT OTHER BRANCH NUMBER; PROCESSED BY: OTHER LNS DEBT RATIO/SCORE BEFORE AFTER 21.62600 % $ $ $ x DATE CREDIT UNION COPY VXX064 llASER) 2786( ~. SUSQUEHANNA VALLEY . FEOERAL CREDIT UNION 3850 Ha~dala Drive . Camp HID, PA 17011-71lOO (717) 137-4152 HOW TO APPLY: Complete all sectlons Sign on signature line Return completed form to credit union An incomplete or unsigned form may delay processing BORROWER 1 NAME Ooug[as A lJheeler BORROWER 2 NAME lOANUNa Open-End Plan Signatures ACCOUNT NUMBER 12300 ACCOUNT NUMBER This LOANLlNER Credit Agreement, which includes the Truth in Lending Disclosures, will be referred to as "the Plan." The Plan documents include this agreement and an Addendum. "You", "your" and "borrower" mean any person who signs the Plan. "Credit Union", "we", "our" and "us" mean the Credit Union whose name appears on the Plan or anyone to whom the Credit Union transfers its rights under the Plan. 1. HOW THIS PLAN WORKS -. This is an open-end, multi-featured credit plan. We anticipate that, from time to time, you will borrow money (called "advances") under the Plan. We are not required to make advances to you under the Plan and can refuse a request for an advance at any time. The Addendum describes the different types of credit (called "subaccounts") available under the Plan, the current interest rate for each subaccount expressed as a daily periodic rate and corresponding annual percentage rate and other charges. It may also have other terms and a schedule for determining the payment amounts. 2. CREDIT LIMIT .- We may, but do not have to, establish a credit limit on certain subaccounts. If a credit limit is set for a subaccount, you promise not to exceed the established credit limit. If you exceed the credit limit, you promise to repay immediately the amount which exceeds the credit limit. 3. REPAYMENT -- You promise to repay all amounts you owe under the Plan plus interest. Payments are due on the last day of the month unless we set a different day at the time of an advance. If the Addendum has no payment schedule for a subaccount, your payment will be determined at the time of each advance. Payments, must .include any amount past due and any amount by which you have exceeded any credit limit you have been given for a sub- account. You may repay all or part of what you owe at any time without any prepayment penalty. Even if you prepay, you will still be required to make the regularly scheduled payments unless we agree in writing to a change in the payment schedule. If you have a joint share draft account, you will be responsible for paying all overdraft advances obtained by a joint holder of the share draft account. Unless otherwise required by law~.payments will be applied to amounts owed under the Plan, in the manner the Credit Union chooses. 4. PLAN ACCESS -- You can obtain credit advances in any manner authorized by us. If we allow you to use your A TM/Debit card to access the Plan, you may be liable for the unauthorized use of your ATM/Debit card. You will not be liable for unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft, or possible unauthorized use. If you believe your A TM/Debit card has been lost or stolen, immediately inform the Credit Union by calling or writing us at the telephone number or address that appears elsewhere in the Plan. If the card is used to obtain unauthorized advances directly from the Plan, your liability will not exceed $50.00. If the unauthorized withdrawal is from a share draft account, your liability is governed by the Regulation E disclosures you received at the time you received your A TM/Debit card, even if the withdrawal results in an advance being made from your overdraft subaccount. 5. FINANCE CHARGE -- The dollar amount you pay for money borrowed is called a "finance charge" and begins on the date of each advance. .A finance charge will be computed separately for each separate balance under the Plan. To compute the finance charge, the unpaid balance for each day since your last payment (or since an advance if you have not yet made a payment) is multiplied by the applicable daily periodic rate. The sum of these amounts is the finance charge owed. The balance used to compute the finance charge is the unpaid balance each day altel (continued on next pagel 1. You have received and read the LOANLlNER Credit Agreement, including the Addendum (" Agreement") and a Credit Insurance Certificate. By signing below you agree to be bound by the terms of the Agreement. 2. You grant us a security interest in all individual and joint share and/.Qr deposit accounts you have with us now and in tl).e-futuril' /to secure what you owe under the lOANLlNER 1~edi~~eB ~J<< //60RROWEA 1 SIGNATUf:lE IS'All /-/7-6> II It X DATE ~ CUNA MUTUAL GROUP, 19130, 82, 84, 86, 89. 98, 2000, ALL RIGHTS RESERVED When you are in default, you authorize us to apply th, balance in these accounts to any amounts due. Shares ani deposits in an Individual Retirement Account, and any othe account that would lose special tax treatment under stat or federal law if given as security, are not subject to th security interest you have given in your shares an deposits. (SEAL) BORROWER 2 SIGNATURE DATE FlEXIBLE AGREEMENT SYST' BXX023 (LASER) 278 .- CREDIT UNION COPY I Date 01/16/2003 r 'SUSqUehanna Valley Federal Credit Union (DOUglaS A Wheeler CREDIT AGREEMENT' payments and credits to that balance have been subtracted 10. JOINT ACCOUNTS -- If this is a joint account, each of and any additions to the balance have been made. In you is individually and jointly responsible for paying all addition to interest, we may charge other finance charges amounts owed. That means we can enforce our rights which are disclosed on the Addendum. If the interest rate is under the Plan against anyone of you individually or a variable interest rate, the Addendum explains how the against all of you together. If you give us inconsistent variable interest rate works. instructions, we can refuse to follow your instructions. Unless our written policy requires all of you to sign for an advance, each of you authorizes the other(s) to obtain advances individually and agrees to repay advances made to the other(s). Any joint accountholder may terminate the Plan by giving us prior written notice. If any of you terminate the Plan, the Plan is terminated for all of you. You remain liable individually and jointly for all advances incurred before termination. 6. SECURITY -< You pledge as security for the Plan all shares and dividends and, if any, all deposits and interest in all joint and individual accounts you have with us now and in the future. if a specific dollar amount is pledged for an advance, we will freeze shares in that account to the extent of the outstanding balance for the advance. Otherwise, your pledged shares may be withdrawn unless you are in default. If credit union has a federal charter: Statutory Lien -- If you are in default on a financial obligation to us, federal law gives us the right to apply the balance of shares and dividends in all individual and joint accounts you have with us to satisfy that obligation. After you are in default, we may exercise this right withciuL f'lrther notice to you. (We have a federal charter if our name includes the term "Federal Credit Union. ") If credit union is state chartered, except in Ohio, Rhode Island, and Massachusetts: We have a statutory lien on the shares and dividends and, if any, the deposits and interest in all individual andjoint accounts you have with us and may exercise our rignts under the lien to the extent permitted by state law. (We are state chartered if our name does not include the term "Federal Credit Union. ") For all borrowers: The statutory lien andlor your pledge will allow us to apply the funds in your account(s) to what you owe when you are in default. The statutory lien and your pledge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as security. Additional security for the Plan may be required at the time of an advance. If a subaccount identifies a type of property (such as "New Cars") you must give that type of property as security when you get an advance under that sub- account. A subaccount name such as "Other Secured" means you must provide security acceptable to us when you obtain an advance under that subaccount. Property you give as security will secure all amounts owed under the Plan and all other loans you have with us now or in the future, except any loan secured by your principal dwelling. Property securing other loans you have with us may also secure the Plan. 7. PROPERTY INSURANCE -- You will be required to purchase property insurance on certain types of security that you give for advances. You may purchase the property insurance from anyone you choose that is acceptable to the Credit Union. 8. CREDIT INSURANCE -- Credit life and lor credit disability insurance is optional under the Plan. If you qualify for and purchase the insurance from us, you authorize us to add the insurance premiums monthly to your loan balance and charge you interest on the entire balance. If you elect credit insurance, your payments may increase or the period of time necessary to repay your advance may be extended. The credit insurance rates may change during the Plan. If the rates change, we will provide any notices required by applicable law. g. PERIODIC STATEMENT -- On a regular basis you will receive a statement showin9 all transactions under the Plan during the periOd covered by the statement. Statements and notices. will be s.ent tt? ,You at the most recent address you have given us In writing. Unless applicable law requires notice to each joint borrower, notice to anyone of you will be notice to all. @CUNA MUTUAL GROUP, 19ao, 82,84, 86, 89, 98, 2000, ALL RIGHTS RESERVED 11 . FEES AND CHARGES -- If you give us a security interest in certain types of property, we may charge you a filing fee to perfect our interest in the property. If we do, the amount of the fee will be disclosed to you at the time you obtain an advance. We may also charge you other fees in connection with the Plan. Our current fees are disclosed on the Addendum and will be added to your loan balance unless you pay them in cash. 12. UPDATING CREDIT INFORMATION -< You promise that you will promptly give us written notice if you move, change your name or employment, or if any other infor- mation you provided to us changes. Upon our request, you also agree to provide us updated financial information. 13. WAIVER -< We can delay or waive enforcing any of our rights under this Plan, including your obligation to make timely payments, without losing our right to enforce the terms of the Plan at a later time. If the law makes any term(s) of the Plan unenforceable, the other terms will remain in effect. 14. DEFAULT -< The following paragraph applies to borrowers in Idaho, Kansas. Maine and state chartered credit unions lending to South Carolina borrowers: You will be in default if you do not make a payment of the amount required when it is due. You will also be in default if we believe the prospect of payment, performance, or realization on any property given as security is significantly impaired. The fol/owing paragraph applies only to borrowers in Wisconsin: You will be in default if you fail to make'a payment when due two times during any 12 month period. You will be in default if breaking any promise made under the Plan materially impairs your ability to repay what you owe. You will also be in default if breaking any promise made under a Security Agreement made in connection with an advance, materially impairs the condition, value, or protection of or our right in any property you gave as security. The following paragraph applies only to borrowers in Iowa: 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 not comply with the terms of the Plan and your failure to comply materially impairs any property you gave as security or your ability to repay what you owe under the Plan. The following paragraph applies to borrowers in all othel states and federally chartered credit unions lending to South Carolina borrowers: You will be in default if you de not make a payment of the amount required when it is due, You will be in default if you break any promise you mad, (Continued on next pagel CREDIT UNION COPY ...LEXf8lE AGAEEM ENT SYSTE~ eXX023 !lASERl 2786( lsusquehanna ~alley "Federal Credit Union 101/16/2003 under the Plan or if anyone is in default under any security agreement made in connection with an advance under the Plan. You will be in default if you die, file for bankruptcy, become insolvent, if you make any false or misleading statements in any credit application or update of credit infor- mation, or if something happens we believe may sub- stantially reduce your ability to repay what you owe. You will also be in default under the Plan if you are in default under any other loan agreement with us. 15. ACTIONS AFTER DEFAULT -. The fol/owing paragraph applies to borrowers in Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts. Missouri, Nebraska. West Virginia, Wisconsin and state chartered credit unions lending to South Carolina borrowers: When you are in default and after expiration of any right you have under applicable state law to cure your default, we can demand immediate payment of the entire unpaid balance under the Plan without giving you advance notice. The following paragraph applies to borrowers in aI/ other states and to federally chartered credit unions lending to South Carolina borrowers: When you are in default, we can require immediate payment (acceleration) of the entire unpaid balance under the Plan. You waive any right you have to demand for payment, notice of intent to accelerate and notice of acceleration. The following paragraph applies to all borrowers: If immediate payment is demanded, you will continue to pay interest until what you owe has been repaid at the applicable interest rates in effect or, if applicable, 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, and any rights we have under any Security Agreements you have with us. 16. CANCELLING OR CHANGING THE PLAN The following paragraph applies only to state chartered credit unions lending to Illinois borrowers: We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change to the interest rate or other charges will apply to future advances. The following paragraph applies only to borrowers in Wiscollsin: We can change the terms of the Plan from time to time in accordance with Section 422.415 of the loate Wisconsin Statutes. You will be notified of any change in terms. An increase in the daily periodic rate under a variable interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan 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 the Plan, except to the extent that your liability is limited by Section 422.4155 of the Wisconsin Statutes. The following paragraph applies only to borrowers in Iowa: We can change the terms of the Plan from time to time after giving you any advance notice required by law. A change that increases the rate of finance charge or other charge, that increases the amount of your payments, or that otherwise adversely affects existing balances will apply to existing balances only if you agree to the change or you use the Plan after receiving notice that your use of the Plan n'-",,~< you agree the change applies to existing balances. The following paragraph applies to borrowers in all other states and federally chartered credit unions lending to Illinois borrowers: We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change in the interest rate will apply to future advances, and at our discretion, and subject to any requirements of applicable law, will also apply to unpaid balances. The following paragraph applies to all but Wisconsin borrowers: An increase in the daily periodic rate under a variable interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan 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 the Plan. 17. The following is required by Vermont law .- 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. 18. NOTICE TO UTAH BORROWERS: This written agree- ment 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. LOAN OFFICER COMMENTS: SIGN.o"TURES: X DATE e;. CUNA MUTUAL GROUP, 1980, 82, 84, 86, 89. 98, 2000. ALL f:!IGHTS RESERVED X DATE CREDIT UNION COpy FLEXIBLE AGREEMENT SYSl 8)(X023 IlASER} :n: Susquehanna Valley Federal Credit Union 3850 Hartzdale Dr. Camp Hill, PA 17011-8035 ADDENDUM TO LOANLlNER CREDIT AGREEMENT AND TRUTH-IN-LENDING DISCLOSURE. This addendum is incorporated into and becomes a part of your LOANLlNER Credit Agreement. By' signing, \of~"'t a copy of this addendum was given to you. SIGNA~: ~1? It ~ SIGNATURE: . Daily Period ic Rate Loan Subaccount Description Share Secured Vehicles: Model Years 1999-Present 1997-1998 1995-1996 Signature! Unsecured Lines of Credit: Shared Secured Unsecured Other Charges: Approximate Tenn 1 - 24 Months ,- 25 - 60 Months 61 - 96 Months 1 - 24 Months . 25 - 60 Months 61 - 72 Months 1 - 48 Months 1 - 36 Months 1 - 36 Months 37- 60 Months LOANLINER INTEREST RATES EFFECTIVE NOVEMBER 20, 2002 UNTIL FURTHER NOTICE Present Annual Percentage Rate Payment 0.0116438 0.0123288 0.0150685 4.25% 4.50% 5.50% The amoUnt and due date of your payment will be established at the time of each advance and will be disclosed on the voucher accompanying the advance. Your minimum monthly loan payment will never be less . than $20.00_ 0.0115068 0.0142466 0.0169863 0.0 I 98630 0.0198630 4.20% 5.20% 6.20% 7.25% 7.25% 0.0294521 0.0327397 10.75% 11.95% 0.0123288 0.0327397 4_50% 11.95% Collection Costs: The borrower(s) agree to pay all collection costs, including court costs and attorney's fees as permitted by law. Late Fees: All payments received more than 14 days past their due date will be charged a $10 late fee. NSF Charge: You will be charged a $15 fee if your payment is made with a check drawn on an account with insufficient funds. Filin g Fees: If a security interest is taken you will be charged the fee the particular government agency levi' to pertect that security interest. CUNA MUTIlAL GROUP PENNSYL V ANfA MON1BL Y RENEWABLE CREDIT orSABILITY orSCLOSURE RATES PER $100 OF COVERAGE PER MONTH TER..v' I 2 3 4 5 6 7 8 9 10 II 12 13 !J 15 16 17 18 19 20 21 22 23 24 25 16 27 28 29 30 RATE 31 32 33 34 35 36 0.2844 0.2966 0.3055 0.2831 0.2672 0.2532 0.2418 0.2323 0.2243 0.2145 0.2069 0.1994 0.1920 0.1870 0.1818 0.1764 0_1709 0.1671 0.1625 0.1588 0.1555 0.1519 0.1485 0.1455 0.1430 0.1403 0.1378 0.1350 0.1323 0.1307 0.1238 0.1270 0.1248 0.1224 0.1212 0.1I91 0.Il78 0_1161 0.1I49 0.1134 0.1120 0.1106 0.1093 0.1084 0.1069 0.1061 0.1047 0.1036 0.1026 0.1019 0.1007 0.0996 0.0990 0.0979 0.0968 0.0964 0.0953 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 -, 0- 53 54 55 56 57 58 59 60 TEJUvl 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 73 79 80 31 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 !O3 !O4 !O5 106 107 108 109 I!O III 112 JI3 114 115 116 117 118 119 120 RATE 0.0944 0.0940 0.0931 0.0924 0.0918 0.0912 0.0904 0.0896 0.0894 0.0886 0.0879 0.0874 0.0867 0.0861 0.0856 0.0850 0.0846 0.0840 0.0334 0.0829 0.0825 0.0820 0.0815 0.0811 0.0806 0.0802 0.0798 0.0794 0.0789 0.0787 0.0783 0.0780 0.0774 0.0770 0.0766 0.0764 0.0760 0.0758 0.0753 0.0749 0.0747 0.0744 0.0741 0.0736 0.0733 0.0731 0.0727 0.0725 0.0722 0.0719 0.0718 0.0714 0.0713 0.0710 0.0707 0.0704 0.0702 0.0700 0.0696 0.0694 Please note also that if the amount of your periodic loan payment is greater than the maximum benefit per month shown in the Insurance Schedule of your Certificate of Insurance, our charge to you is based on the sum of the maximum benefits per month times the number of periodic loan payments remaining to be paid on your loan. For example, if your periodic loan payment is $400 and the maximum benefit per month is $300 and you have 24 payments remaining to be paid, the gross balance of your loan for purposes of this insurance would be $7,200 (not $9,600) and our charge to you for insurance the first month would be $11.20 ($7,200 x .1555 x 0.0 I). MONTHL Y RENEWABLE CREDIT D!SABILITY DISCLOSURE FORM The Schedule of Rates shown here are gross balance rates. This means the rates are applied to the sum of the periodic loan payments which remain to be paid on your loan. The rate we use is determined by the projected loan term of your loan (see your loan plan to find the projected teon of your loan). For example, if the projected term of your loan is 24 months and the benefit plan is 14 Day Non-Retroactive, the rate for that term is .1555 per $100 of gross balance. If the amount of your periodic loan pavment is $ I 00, the ~ balance of your loan during the first month of your loan is $2.400 (24 x $ 100). Our charge to you for insurance for the first month of your loan term would be $2,400 x . I 555 x 0.01, or $3.73. Alter you have made your first $100 periodic loan payment, the gross balance of your loan would then be 2,300 (23 x $100) and our charge to you for your insurance for the second month would be $2,300 x .1555 x 0.01, or $3.58, etc. The charges we actually make to you for your; insurance are shown in your periodic statement which you receive from the Credit Union. Please remember: Whenever you add a new advance to your loan, you recast the loan and a new projected loan term is determined according to your Loan Plan. .-- SUSQUEHANNA - VALLEY FEDERAL CREDIT UNION Statement of Account Date: April 19, 2004 Maker: Douglas A. Wheeler Co maker: NONE Home Address: 3 Clendenin Circle Enola, P A 17025-2252 Home Phone: 717-761-5101 Our Account Number: 12300-1 Maker Social Security # 162-54-5190 Co maker Social Security: # NONE Principal Amount Owed Interest Owed Penalty (20 % ofPrincipal& Interest) Late Payment Fee: Total Amount Claimed: ~ 3850 HARTZD LOCAL: (717) 737-4152 $8600.12 $401.05 $1780.90 $20.00 $10,802.07 L, PA 17011-7809 1454 FAX: (717) 737-0589 ~ APR 26 '04 03:04PM KNUPP & KODAK PC P.6 .tfi VERIFICATION , 1, SUSAN 1. BRUBAKER, LOANS/COLLEf:TION MANAGER of SUSQUEHANNA VALLEY FllDDAL I CREDIT UNION, verify that the statements made in t1je afol'llgoing document ate trUe and correct. I understand that false statements herein m made subject to the penalties of ! 8 Pa. C. S. ~4904, relating to unsworn falsification to autboritie;l. SUSQUEHANNA VALLEY FEDERAL CREDIT UNION Dated: ~/;( e~d!i..~,J;;JG 30414 F'\USER\STACY\CC~ COMPl.AI1'lTS\WOl<K\sVCU30414,wpd:26Ap~4 ' 5 N t ~ f"- ~ (::i ~ 'i 0 r-- "1 ~ (1 ~J p ~ ,:.~.... ~2 p :::t: TI :,. y .~ tfg c..) ~ I..U ..'J -< SHERIFF'S RETURN - REGULAR CASE NO: 2004-01992 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUSQUEHANNA VALLEY FEDERAL VS WHEELER DOUGLAS A ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WHEELER DOUGLAS A the DEFENDANT , at 1600:00 HOURS, on the lOth day of May , 2004 at 3 CLENDENIN CIRCLE ENOLA, PA 17025 by handing to ROSS WHEELER, SON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.04 .00 10.00 .00 39.04 .r~~ R. Thomas Kline 05/11/2004 KNUPP KODAK IMBLUM me this II ~ day Of~ A.D. B~L += ,~~ \ \~~puty she;}1~j A Sworn and Subscribed to before ;)....,...,. y: 4""'" -. -?YI~~.J. ~f> ~ 1L~~1 V ProEhonotaw - ""'l <I SUSQUEHANNA V ALLEY FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS UNION : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2004-01992 CIVIL DOUGLAS A. WHEELER Defendant CIVIL ACTION - LAW STIPULATION OF SETTLEMENT AND NOW, this J~ day of 7~/- ,2005, comes SUSQUEHANNA by and through its attorneys, ROBERT D. KODAK, V ALLEY FEDERAL CREDIT UNION, Plaintiff, ESQUIRE, KNUPP, KODAK. & IMBLUM, P.C., and DOUGLAS A. WHEELER, Defendant, and The above-captioned matter having been amicably settled between the Plaintiff and Defendant, it is hereby stipulated and agreed as follows: 1. Defendant, DOUGLAS A. WHEELER (hereinafter the "Defendant"), acknowledges and admits there is due and owing from him to SUSQUEHANNA V ALLEY FEDERAL CREDIT UNION (hereinafter the "Plaintiff'), the sum of Ten Thousand, Eight Hundred Two Dollars and Seven Cents ($10,802.07), plus interest at the rate of six (6%) percent per annum, as agreed upon (hereinafter the "Settlement Amount"). 2. The Settlement Amount shall be paid as follows: A. Payments of Two Hundred ($200.00) Dollars per month, on or before the 5'h day of each month, beginning no later than Ju)y 5, 2005, shall continue through June 5, 2006, at which time Defendant will submit current financial information to Plaintiff for evaluation with the intent of increasing his monthly payment amount; B. Said payments will be made payable to Plaintiff and delivered on or before their due dates to Plaintiffs Counsel at Knupp, Kodak & Imblum, P.c., Post Office Box 11848, Harrisburg, PA 17108-1848, to the attention of Robert D. Kodak, Esquire. Each payment shall reflect the file number of30414; C. Receipt is hereby acknowledged of an initial installment payment in the amount of Three Thousand ($3,000.00) Dollars, thereby reducing the principal balance due and owing as of July 5, 2005, to Seven Thousand, Eight Hundred Two Dollars and Seven Cents ($7,802.07) against which the future payments as set forth hereinabove in Paragraph (A) will be applied; and D. Receipt is hereby acknowledge of the initial Two Hundred ($200.00) Dollar installment payment, thereby further reducing the principal balance to Seven Thousand, Six Hundred Two Dollars and Seven Cents ($7,602.07) as ofJuly 6, 2005. F:IUSER\BONNJEJo\SUSQISTlPSI30414sv. wpd:07 JulOS 2 3. Plaintiff agrees to place the current litigation filed to the above term and number in abeyance until and unless Defendant defaults in his payment plan for a period in excess of ten (10) days. 4. Should Defendant default for a period in excess often (10) days, Plaintiff will immediately provide written notice to Defendant's Counsel, at which time Defendant shall have five (5) days to cure said default. 5. In the event the default is not cured within the time frame set forth in Paragraph 4 hereinabove, Plaintiff shall have the right to make an application to the Court ex parte for a Judgment against Defendant for the balance then due and owing, plus accrued interest at the rate as set forth above, plus all Court costs and attorney's fees as allowed by the documentation attached to Plaintiff s Complaint and incorporated herein by reference. 6. Defendant acknowledges there is due and owing to the Plaintiff the amount set forth in Paragraph 1 above, and the Defendant has no claim, defense or setoff against Plaintiff for this obligation and that Defendant has no defense to the Plaintiffs Complaint. 7. In the event any payment as set forth in the preceding Paragraphs is not paid when due, then the same shall constitute a default under this Stipulation of Settlement. F :\U SER\BONNIEJO\SUSQ\STIPS\304 J 4sv. wpd:07 Jul05 3 8. In the event Defendant fails to provide his financial information to Plaintiff on or before August 30, 2006, for the purpose of review with the intent to increase the monthly payment amount if feasible, said failure shall constitute a default hereunder and Plaintiff can proceed to Judgment as set forth hereinabove 9. After all monies owed as set forth above are paid in full by the Defendant, Plaintiff herein agrees to execute a Discontinuance with prejudice, as to the Defendant whose signature appears below. 10. Unless otherwise set forth herein, all other terms and conditions of the documents as set forth in Plaintiffs Complaint remain unchanged. II. The parties agree that Cumberland County shall retain jurisdiction of this matter for the purposes set forth in this Stipulation of Settlement until the Defendant payment of all sums due hereunder. 12. THE DEFENDANT ACKNOWLEDGES HAVING READ TIDS STIPULATION OF SETTLEMENT AND UNDERSTANDS ITS TERMS AND CONDITIONS, INCLUDING DEFENDANT'S OBLIGATIONS TO PLAINTIFF. DEFENDANT ACKNOWLEDGES HAVING BEEN ADVISED BY IDS ATTORNEY TO REPRESENT IDS INTERESTS IN THIS MATTER. DEFENDANT ENTERS INTO THIS SETTLEMENT FREELY, WITHOUT COERCION, DURESS OR UNDUE PRESSURE. 13. The undersigned parties hereby consent to the form and terms of the within Stipulation of Settlement. F :\V SER\BONNIEJO\SUSQ\STIPS\304 I 4,v. wpd:07 Jul05 4 14. By executing this Stipulation of Settlement, the attorney for the Plaintiff affirms to this Honorable Court that he has the full authority of his client to do so. Respectfully submitted, If}~t tJ~ Douglas A. Wheeler Three Clendenin Circle Enola, P A 17025-2252 SSN: xxx-xx-5190 Defendant KNUPP, KODAK & IMBLUM, P.C. ~ - Robert D. Kodak, Esquire 407 North Front Street Post Office Box 11848 Harrisburg, P A 17108-1848 Attorney J.D. No. 18041 Attorney for Plaintiff 717- 238-7151 Fax: 717-238-7158 F:\USERIBONNIEJOISUSQISTIPS\30414sv. wpd:07 Jul05 5 COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF CUMBERLAND day of ~ 1 ci- , 2005, before me, a Notary Public in and for said Commonwealth and County, personally appeared DOUGLAS A. WHEELER, known to me (or On this, the 3rd satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~~\+B.~ Notary Public My Commission Expires: N---AR!I'~ AMYM. H~ 'S, 'WfIWUC t.IIIO'INEBOk. !JM 'UIIUlCUNTY IIYCClMMlSSll ,PI, .. F:IUSERIBONNIEJOISUSQ\STIPS\304] 4,v. wpd:07Ju105 - ...-- illti ~- \~fIIIJ ~ () .C .'A;;). ,~ ~ ~ "" (f' f"1 w' - -;j :z: o '" .-:1 :J- ..,...... P",C:". :(~:,1) ~ri~\ :)r\""l. ,~ ,\ T' <:,-'\ ::;t ~,.) - ~ .. , SUSQUEHANNA VALLEY FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2004-01992 DOUGLAS A. WHEELER, CIVIL DIVISION - LAW Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter as settled and discontinued with prejudice. TO: Cumberland County Prothonotary Dated: December 28.2005 Robert D. Kodak, Esquire Attorney I.D. No. 18041 Attorney for Plaintiff ,-) ~ ~< "" r.::".~ C~7" w..". '- o -n -, ::1:..,., fill":' '-IJl.~' :;1.._(' ::; ~I=) "?~ ~..... I W -00::" ;::::,.-.- '_"Of", ~ r~ :;~;-" '? ",:J :-<