HomeMy WebLinkAbout09-3085IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO. 09 - 30$5 &,"Icre-M
CREDIT UNION,
Plaintiff
VS.
HOLLY M CROCKETT
Defendant : CIVIL ACTION -LAW
NOTICE TO DEFEND
Pursuant to PA RCP No. 1018.1
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after the Complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you. You
are warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the Complaint
or for any other relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 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.
HOLLY M CROCKETT
Defendant 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
demands puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias
despues que esta Demands 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 mss aviso
por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado
por Demandante. Ustedpuede perder dinero o propiedad o otros derechos importante para usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED
NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA
AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE
PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER
SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O
GRATIS.
Cumberland County Bar Association
32 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.
HOLLY M CROCKETT
Defendant
NO. a 9_ 3d 8"5 C
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, Holly M Crockett, is an adult individual with a last known address of
11 S High Street, Mechanicsburg, PA 17055.
3. Defendant is, and at all relevant time material hereto has been, the primary loan
applicant.
COUNT I - BREACH OF CONTRACT (VISA LOAN)
4. Paragraphs 1 through 3 are hereby incorporated as if more fully set forth.
5. Defendant applied to Plaintiff for a Visa loan.
6. The application submitted by Defendant was approved by Plaintiff.
Document #: 180057.1
7. Pursuant to the Loan Activation Notice, Defendant agreed to the terms and
conditions of the extension of credit as set forth in the Loanliner Credit and Security Agreement
(hereinafter referred to as "Contract"). A true and correct copy of the 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. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms
and conditions of the Contract marked as Exhibit "B".
9. Various charges and payments were made by Defendant on the account.
10. Defendant has defaulted on the loan by failing to make timely and regular
payments.
11. The Defendant never made a payment on the account.
12. Defendant is required under the contract to make regular and timely payments.
13. Plaintiff has maintained a statement of account keeping an accurate and running
amount of debits and credits made on Defendant's account.
14. Plaintiff has submitted to Defendant a copy of the statement of account accurately
showing all debits and credits for transactions with Defendant.
15. Defendant has not objected to any of the monthly statements of account submitted
by Plaintiff to Defendant.
16. Despite Plaintiffs reasonable and repeated demands for payment, Defendant has
failed, refused and continues to refuse to pay all sums due and owing on Defendant's loan
account balance, all to the damage of Plaintiff.
Document #: 180057.1
17. As of May 13, 2009, the balance due, owing and unpaid on Defendant's loan
account with Plaintiff is the sum of Ten Thousand Seven Hundred Eighteen Dollars and 66/100
($10,718.66).
18. Pursuant to the terms and conditions of the extension of credit contained in the
Contract, Plaintiff is entitled to receive and Defendant agreed to pay an annual interest charge on
the principal loan balance.
19. Due to the default of the Defendant and pursuant to the terms and conditions of
the Contract attached as Exhibit "B", Plaintiff is entitled to be reimbursed for all costs and
expenses, including reasonable attorney's fees incurred in bringing any action.
20. For purposes of this action, Plaintiff believes, and therefore avers, that One
Thousand Four Hundred Twenty-five Dollars and 00/100 ($1,425.00) constitutes reasonable
attorney's fees. However, Plaintiff recognizes that it is restricted by law to those attorneys' fee
that are actually incurred. If those fees are less than the aforegoing amount, Plaintiff agrees to
adjust its demand for attorneys' fees, if applicable, at the time of payment on any judgment is
made.
21. Any and all conditions precedent to the bringing of this action has been performed
by Plaintiff.
22. The amount in controversy is within the jurisdictional amount requiring
compulsory arbitration.
Document #: 180057.1
WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully
requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant,
Holly M Crockett and, in the amount of Twelve Thousand One Hundred Forty-three Dollars and
66/100 ($12,143.66), plus interest, the costs of this action, and such other relief as the Court
deems just and proper.
COUNT II - BREACH OF CONTRACT (AUTO LOAN)
23. Paragraphs 1 through 22 are hereby incorporated as if more fully set forth.
24. Defendant applied to Plaintiff for a loan for the purpose of purchasing a motor
vehicle.
25. The loan application submitted by Defendant was approved by Plaintiff and
Defendant signed a Loanliner Advance Proceeds Check for the purchase of the vehicle. A true
and correct copy of said Loanliner Advance Proceeds Check is attached hereto, incorporated
herein and marked as Exhibit "C".
26. Pursuant to the Loanliner Advance Proceeds Check marked as Exhibit "C",
Defendant agreed to the terms and conditions of the extension of credit as set forth in the
Loanliner Credit and Security Agreement (hereinafter referred to as "Contract"). A true and
correct copy of the Loanliner Credit and Security Agreement is attached hereto, incorporated
herein and marked as Exhibit "D".
27. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms
and conditions of the Contract marked as Exhibit "D".
28. Various charges and payments were made by Defendant on the account
Document #: 180057.1
29. Plaintiff provided a letter to Defendant stating that the vehicle purchased by
Defendant was deemed repossessed. The letter further advises Defendant that unless payment in
full was made on the outstanding loan balance, the said vehicle would be sold at a public sale
and Defendant will be responsible for any resulting deficiency.
30. As a result of Defendant's failure to cure the default in payment, and pursuant to
state law remedies, Plaintiff sold the vehicle at public sale.
31. Plaintiff provided a letter to Defendant indicating that there was a resulting
deficiency after the sale of the vehicle.
32. Plaintiff has maintained a statement of account keeping an accurate and running
amount of debits and credits made on Defendant's account.
33. Plaintiff has submitted to Defendant a copy of the statement of account accurately
showing all debits and credits for transactions with Defendant.
34. Defendant has not objected to any of the monthly statements of account submitted
by Plaintiff to Defendant.
35. Despite Plaintiff's reasonable and repeated demands for payment, Defendant has
failed, refused and continue to refuse to pay all sums due and owing on Defendant's loan account
balance, all to the damage of Plaintiff.
36. As of May 13, 2009, the balance due, owing and unpaid on Defendant's loan
account with Plaintiff is the sum of Nine Thousand One Hundred Seventy-nine Dollars and
91/100 ($9,179.91).
37. Pursuant to the terms and conditions of the extension of credit contained in the
Contract, Plaintiff is entitled to receive and Defendant agreed to pay an annual interest charge on
the principal loan balance.
Document #: 180057.1
38. Due to the default of the Defendant and pursuant to the terms and conditions of
the Contract attached as Exhibit "D", attorney's fees in the total amount of One Thousand Eight
Hundred Thirty-five Dollars and 98/100 ($1,835.98) have been added to the account.
39. Any and all conditions precedent to the bringing of this action has been performed
by Plaintiff.
40. The amount in controversy is within the jurisdictional amount requiring
compulsory arbitration.
WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, respectfully
requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant,
Holly M Crockett and , in the amount of Eleven Thousand Fifteen Dollars and 89/100
($11,015.89), plus interest, the costs of this action, and such other relief as the Court deems just
and proper.
Respectfully submitted,
VAN ECK & VAN ECK, P.C.
By:
Melissa L. Van Eck, Esquire
Attorney I.D. No. 85869
P.O. Box 6662
Harrisburg, PA 17112
717.540.5406
Document #: 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
unsworn falsification to authorities.
Pennsylvania State Employees Credit Union
By:
Title: Date: "5-` 3-V" '
Exhibit "A"
.Loan.nformation
Applicant: HOLLY M CROCKETT
Vida@ ACTIV.
October 20, 2006
Approval Amount: $10,000.00
OCT 2 4 ".
Ref #: 573552 598 OCT 2 5
Account # :
#: i l Work Telephone #:
Hnmw
I acknowledge receipt of the PSECU LOANLIIVERdD Disclosure and Credit Agreement and agree to be
bound by the terms set forth in said agreement.
kklw?j
signature of HOLLY Tt CR KEPT Data
• I would like an immediate Visa® advance of $ . Purpose:
Send a ? -Check or ? Deposit to my Share 4
o Select your Visas loan repayment optorn.
? Transfer on Pay Day (select one): '$\ Minimum amount ? Alternate payment amount of $
? Transfer automatically from PSECU account on the 25th of each month (select one):
? Minimum amount ? Alternate payment amount of $_ ? Previous month's balance
Mail a payment monthly by the 25th. .
• For overdraft options, complete the enclosed Overdraft Transfer Service sheet and retten it with your Activation Notice.
• You may have one addikional card issued on your VisaO account. Indicate your choice below:
? Please issue an additional card is the name below. I authorize hLm&cr to use it and I accept fall responsibility for all charged and/or cub advances just as
though 1 made than. Authorized card holders may not order replacement cards or obtain Visa(l) account khnnadon (Lr. detailed transactions, balance
infacmation, payment acdvity? HOLLY M MOM M must sign below.
(3ro
Nome of Aufborved Card Holder Signature of HOLLY i CROCKSPT
SCANNED
Exhibit "B"
PSE(O Pennsylvania State Employees Credit Union
PO. Box 67013 0 Harrisburg, P1 17106.7013 0 (717) 234.8484 Harrisburg, (800) 237-7328 Nationwide
the Bnarrcial links
Loan Disclosures
This LOANLiNER' Credit and Security 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 moan any person who signs
the Plan. Credit union, we, our and us mean PSECU or anyone to whom the Credit
Union transfers its rights under the Plan.
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 lot each subaccount expressed as a daily periodic rate and
corresponding annual percentage rate and other charges. It may also have other
terms and a schedule for determining the payment amounts.
CREDIT LIMIT - We may, but do not have to, establish a credit limit on certain
subaccounts. 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.
REPAYMEW -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 subac count. You may repay all
or part of what you owe at any time without any prepayment penalty. Even it you
prepay, you will at# be required to make the regularly scheduled payments unless
we agree In writing to a change in the payment schedule. If you have a joint
sharedraft account, you will be responsible for paying all overdraft advances
obtained by a joint holder of the sharedraft account. Unless otherwise required by
law, payments will be applied to amounts owed under the Plan, in the manner the
Credit Union chooses.
PLAN ACCESS -You can obtain credit advances in any manner authorized by us. If
we allow you to use your ATM/Debit card to access the Plan, you may be Gable for the
unauthorized use of your ATM/Debit card. You will not be Gable for unauthorized use
that occurs alter you notify us, orally or in writing, of the loss, theft, or possible
unauthorized use. It you believe your ATM/Debit card has been lost or stolen,
immediately inform tho Cretfit Union by calling or writing us at the telephone number or
address IMt appears elsewhere in the Plan. If the card is used to obtain unauthorized
advances directly from the Plan, your liability will not exceed $50. If the unauthorized
withdrawal is from a shartxkatl account, your liability is governed by the Regulation E
disclosures you received at the time you received your ATM/Debit card, even if the
withdrawal results in an advance being made from your overdraft subaccount.
FINANCE CHARGE - The dollar amount you pay for money borrowed is called a
finance charge" and begins on the date of each advance. A finance charge will be
computed separately for each separate balance under the Plan. To compute the
finance charge, the unpaid balance for each day since your last payment (or since
an advance it 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 after payments
-andvredittrto-that-batame rove been subtracted-and any atidfthorts to the balance
have been made. In addition to interest, we may charge other finance charges which
are disclosed on the Addendum. If 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 shares and dividends and, if any,
all deposits and'etterest 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. The
following paragraph applies In all states except in Ohio, Rhode Island and
Massachusetts: We have a statutory lien on the shares and dividends and, it any, the
deposits and interest in all individual and joint accounts you have with us and may
exercise our rights tinder the lien to the extent permitted by state law. (We are state
chartered it our name does not include the term "Federal Credit Union.") For all
borrowers: The statutory lion and/or your pledge will allow us to apply the funds
in your account(s) to what you owe when you are In default. The statutory lion 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 subaccount. A
subaccount name such as "Other Secured' means you must provide security
acceptable to us when you obtain an advance under that subaccount. Property you
give as security will secure all amounts owed under the Plan and all other loans you I
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.
C CUNA MUTUAL GROLI. 19W 2000. ALL RIGH!S RRESERVE'
I
CREDIT INSURANCE - Credit life and/or credit disability insurance is optional
under the Plan. If you quality for and purchase the insurance from us, you authorize
us to add the insurance premiums monthly to your loan balance and charge you
interest on the entire balance. If you elect credit insurance, your payments may
increase or the period of time necessary to repay your advance may be extended.
The credit insurance rates may change during the Plan. If the rates change, we will
provide any notices required by applicable law.
PERIODIC STATEMENT- On a regular basis you will receive a statement showing
all transactions under the Plan during the period covered by the statement.
Statements and notices will be sent to you at the most recent address you have
given us in writing. Unless applicable law requires notice to each joint borrower,
notice to any one of you will be notice to all.
JOINT ACCOUNTS - It this is a joint account, each of you is individually and jointly
responsible for paying all amounts owed. Thal means we can enforce our rights
under the Plan against any one of you individually or against all of you together. If you
give us inconsistent instructions, we can refuse to follow your instnxttiona. Unless our
written policy requires all of you to sign for an advance, each of you authorizes the
other(s) to obtain advances individually and agrees to repay advances made to the-
other(s). Any joint accountholder may terminate the Plan by giving us prior written
notice. If any of you terminate the Plan, the Plan is terminated for all of you. You
remain liable individually and jointly for all advances incurred before termination.
FEES AND CHARGES - If you give us a security interest in certain types of
property, we may charge you a IIGng fee to perfect ourinterest In the property, If we
do, the amount of the fee will be disclosed to you at the time you obtain an advance.
We may also charge you other fees in connection with the Plan. Our current fees are
disclosed on the Addendum and will be added to your loan balance unless you pay
them in cash.
UPDATING CREDIT INFORMATION - You promise that you will promptly give us
written notice if you move, change your name or employment, or if any other
information you provided to us changes. Upon our request, you also agree to
provide us updated financial information.
DEFAULT - The following paragraph applies to borrowers in Who, Kansas,
Maine and South Carolina: You will be in default If you do not make a payment of
the amount required when it is due. You will also be in default It we believe the
prospect of payment, performance, or realization on any property given as security
is significantly impaired.
The following paragraph applies only to borrowers in 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 or materially impairs the condition, value,
or protection of or our rightin any property you gave as security.
The following paragraph applies only to borrowers In Iowa: You will be in
default it 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, appffls to borrowers in alf other stateacYou will be in
default if you do not make a payment of the amount required when It Is due. You will
be in default if you break any promise you made under the Plan or if anyone is In
default under any security agreement made in connection with an advance under
the Plan. You will be in default if you die, file for bankruptcy, become bnsoNent, if you
make any false or misleading statements in any credit application or update of credit
Information, or if something happens we believe may substantially reduce your
ability to repay what you owe. You will be in default if any property you have given
us as security is repossessed by someone else, seized under a forfeiture or similar
law, or if anything else happens that significantly affects the value of the property or
our security Interest in it. You will also be in default under the Plan if you are in default
under any other loan agreement with us.
ACTIONS AFTER DEFAULT -The following paragraph applies to borrowers in
Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts, Missouri,
Nebraska, South Carolina and West Virginia: When you are in default and after
expiration of any right you have under applicable stale 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 except Wisconsin
and Louisiana: When you are in default, we can require immediate payment
(acceleration) of the entire unpaid balance under the Plan. You waive any tight you have
to demand for payment, notice of intent to accelerate and notice of acceleration.
The following paragraphs apply to borrowers In all states except Wisconsin and
Louisiana: If immediate payment is demanded, you will continue to pay interest unfit
what you owe has been repaid at the applicable interest rates in effect or, if applicable,
CPshiol
PSECU FORM 03146
LOANLINER' Credit and Security Credit Agreement (continued)
at the default rate disclosed on the Addendum. If a demand for immediate payment
has been made, your shares and'or deposits can be applied towards what you one
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
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 if. when you are in
default. We will 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.
Aher 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 disposition or the date after
which a private disposition will be held. Our expenses for taking possession of and
selling the property will be deducted from the money received from the sale. Those
costs may include the cost of storing the property, preparing it for sale and attorney's
fees to the extent permitted under state law or awarded under the Bankruptcy Code.
You must pay any amount that remains unpaid after the sale money has been applied
to any unpaid balance under the Plan. You agree to pay interest on that amount at the
same rate as the advance, or, if applicable, at the default rate disclosed on the
Addendum, until that amount has been paid.
The folfowing paragraph applies only to Wisconsin borrowers: When you are in
default and after expiration of any right you have under applicable state law to cure your
default, we may.require immediate payment of your outstanding loan balance under the
Plan and seek possession of property given as security. You may voluntarily give the
property to us if you choose, or we may seek to take possession of the property by
judicial process. If we repossess the properly, you agree to pay reasonable expenses
incurred in disposing of the property. If the property is a motor vehicle, mobile home,
trallar, snowmobile, boat or aircraft, you will also be required to pay any costs permitted
by Section 422.413 of fits Wisconsin Statutes. You must pay any amount that remains
unpaid after the sale money has been applied to what you owe under the Plan. You
agree to pay interest on any unpaid amount at the same rate as the advance, or, if
applicable, at the default rate disclosed on the Addendum, until that amount is paid.
If the property 1s located outside Wisconsin at the time of default, we may take
possession of the property without judicial process, it permitted by the state where
the property is located.
The following paragraph applies only to Louisiana borrowers: When you are in
default, we can require immediate payment (acceleration) of the entire unpaid
balance under the Plan. You waive any right you have to demand for payment, notice
of intent to accelerate and notice of acceleration. 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 unless a default rate is disclosed on the
Addendurnr If a demand for immedhate payment has been made, the shares and
deposits given as security for the Plan can be applied towards what you owe. We
can also exercise any other rights given by law when you are in default and our
rights under any security agreements you have with us.
CANCELLING OR CHANGING THE PLAN - The following paragraph applies
only to borrowers in Iflinols: 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 to the
interest rate or other charges will apply to future advances.
The following paragraph applies only to borrowers in Wisconsin: We can
change the terms of the Plan from lime to time in accordance with Section 422.415
of the Wisconsin Statutes. You will be notified of any change in terms. An increase
in the daily periodic rate under a variable rate interest rate is not considered a
change In terms under the Plan. We can cancel the entire Plan or any part of the
Plan at any time. You may cancel the Plan at any time by giving us prior written
notice. Your obligation to pay the unpaid balances under the terms of the Plan
continues 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 onfy 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 means you agree the
change applies to existing balances.
The following paragraph applies to borrowers in all other states: We have the
right to change the terms of the Plan from time to time after giving you any advance
notice required by law. Any change in the interest rate will apply to future advances,
and at our discretion and subject to any requirements of applicable law, will also
apply to unpaid balances.
The following paragraph applies to all but Wisconsin borrowers: An increase in
the daily periodic rate under a variable interest rate is not considered a change in
terms under the Plan. We can cancel the entire Plan 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.
DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN - We can delay
enforcing any of our rights under this Plan any number of times without losing the
ability to exercise our rights later. We can enforce this Plan against your huirs or
legal representatives. If we change the terms of the Ran. you agree that this Plan
will 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
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.
rho 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.
The following paragraphs apply if you give security in connection with an
advance under the Plan. They apply to borrowers In all states except Louisiana.
Louisiana borrowers will execute a separate security agreement Borrowers In
other states may also be asked to execute a separate security agreement.
THE SECURITY FOR THE PLAN - You give us what is known as a security
interest in all property described in any receipt, voucher or other document you
receive for an advance ('the Advance'). The security interest you give includes all
accessions. Accessions are things which are attached to or installed in the property
now or in the future. The security interest also includes any replacements for the
property which you buy within 10 days of the Advance or any extensions, renewals
or refinancing of the Advance. It also includes any money you receive from 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.
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. it also secures any other advances you have now
or receive In the future under the Plan and sq.other amounts or loans,
Including any credit card loan, you owe us for any reason now or in the future,
except any loan secured by your principal residence. If the property is household
goods as defined by the Federal Trade Commission Credit Practices Rule, the
property will secure only the Advance and not other amounts you owe.
OWNERSHIP OF THE PROPERTY - You promise that you own all property you
give as security or if the Advance is to buy the property, you promise you will use
the Advance for that purpose. You promise that no one else has any interest in or
claim against the property that you have not already told us about. You promise not
to sell or lease the property or to use it as security for a loan with anther creditor
until the Advance is repaid. You promise you will allow no other security interest or
Tien 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 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. 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 insuranA and get a refund, we have a right to the refund. It 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 insurance policy. You also promise to pay all taxes and fees (like
registration fees) due on the property.
11 you do not pay the taxes or lees on the property when due or keep lt 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 complied with the insurance requirements of our loan agreements
or may engage others to do so. The insurance charge added to an advance may include
(1) the insurance company's payments to us and (2) the cost of determining compliance
with the insurance requirements. If we add amounts for taxes, fees or insurance to the
unpaid balance of an advance, we may increase your payments to pay the amount
added within the term of the insurance or approximate term of the advance.
INSURANCE NOTICE - 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
property. The premium for this insurance may be higher because the insurance
company may have given us the right to purchase insurance after uninsured
collateral is lost or damaged. The insurance will not be liability insurance and
will not satisfy any state financial responsibility or no fault 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 called a financing statement to protect our security interest from the
claims of others. If asked to do so. you promise to sign a financing statement. You
also promise to do whatever else we think is necessary to protect our security
interest in the property. You promise to pay all costs, including but 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.
LOANLINER' Credit and Security Credit Agreement (continued) i
USE OF PROPERTY - Until the Advance has been pad off. you promise you will:
(1) Use the property carefuay and keep it in good repair. 12) Obtain our written ,
permission before making minor changes to the property or changing the address
where the oroperty is kept. (3) Intorm us in writing before changreg your address (4)
Allow us to inspect the property (51 Promptly notay us if the property is damaged,
stolen or abused. t6) 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 notice of default. The notice will be mailed to the address you
gave us. It is your responsibility to notify us 0 your address changes. The maximum
penally 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.
This notice contains important information about your rights and our responsibilities
under the Fair CroM Billing 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 OUIESTIONS ABOUT YOUR
STATEMENT. It you think your statement is wrong, or if you need more information
about a transaction on your statement, write us on a separate sheet at the address
listed on your statement. You are required to notify us in writing within 60 days
following the date on which we sent your statement wherein the error or problem
first appeared regarding any discrepancy or unauthorized transactions on your
account. Failure to notify us may result In your acceptance of any responsibility for
payment or reimbursement to us for any such error or discrepancy on your account.
Write to us as soon as possible. You can telephone us, but doing so will not
preserve your rights.
In your letter, give us the following information:
Your name and account number.
The dollar amount of the suspected error.
Describe the error and explain, ff you can, why you believe there is an error.
It you need more information, describe the item you are not sure about.
If you have authorized us to pay a credit card account automatically from your share
account or checking account, you can stop the payment on any amount you think is
wrong. To stop the payment your letter must reach us three business days before the
automatic payment is scheduled to occur.
YOUR RIOWS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR
WRITTEN NOTICE - We must adviowledge your letter within 30 days, unless we
have corrected the error by then. Within 90 days, we must either correct the error or
explain why we believe ftte 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. Card means the Visa Credit Card and any
duplicates and renewals we issue. Account means your Visa Credit Card Line of
Credit account with us. We, us, and ours means this Credit Union.
1. RESPONSIBILITY-N•wo-fseueyou-eewtF.-yokragreeto-repeyafldebtsend-the
Finance Charge arising from the use of the card and the card account. For example,
you are responsible for charges made by yourself, your spouse and minor children.
You are also responsible for charges made by anyone also to whom you give the
card, and this responsibility continues unfit the card is recovered. You cannot disclaim
responsibility by notifying us, but we will dose the account for new transactions if you
so request and return all cards. Ybur 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 our property and you must recover and surrender to us all cards
upon our request and upon termination of this Agreement.
2. LOST CARD NOTIFICATION - If you believe the card has been lost or stolen,
you will immediately call the Credit Union at (717) 234.8484 or (800) 237-7728. After
hours call (800) 556-5678.
3. LIABILITY FOR UNAUTHORIZED USE - You agree to notify us immediately, orally
or in writing of the loss, theft or unauthorized use of your Credit Card. You may be liable
for the unauthorized use of your Credit Card. You will not be liable for unauthorized use
that occurs after you notify us of the loss, theft or possible unauthorized use. You will have
no liability for unauthorized purchases made with your Credit Card, unless you are grossly
negligent in the handling of your Card. In any case, your liability will not exceed $50.
4, CREDIT LINE - It we approve your application, we will establish a self-
replenishing Line of Credit for you and notify you of its amount when we issue the
card. You agree not to let the account balance exceed this approved Credit Line. Each
payment you make on the account will restore your Ciedit Line by the amount of the
payment which is applied to the principal. You may request an increase in your Credit
After we receive your letter, we cannot try to collect any amount you question, or report
you as delinquent. We can continue to send statements to you for the amount you
question, including finance charges, and we can apply any unpaid amount against your
credit limit. You do not have to pay any questioned amount while we are investigating,
but you are still obligated to pay the parts of your statement that are not In question.
If we find that we made a mistake on your statement, you will not have to pay any
finance charges related to any questioned amount. 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 amount. 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
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 felt you the name of anyone
we reported you to. We must tell anyone we report you to that the matter has been
settled between us when it finally is.
It we don't follow, these rules, we can't collect the first $50 of the questioned amount,
even if your statement was correct.
SPECIAL RULE FOR CREDIT CARD PURCHASES - If you have a problem with
the quality of property or services that you purchased with a credit card, and you
have tried in good faith to correct the problem with the merchant, you may have the
right not to pay the remaining amount due on the property or services. There are two
limitations on this right: (a) You must have made the purchase in your home state or,
if not within your home slate, within 100 miles of your current mailing address; and
(b) The purchase price must have been more than $50.
These limitations do not apply if we own or operate the merchant, or if we mailed
you the advertisement for the property or services.
Line only by written application to us, which must be approved by our credit committee
or loan officer. By giving you written notice we may reduce your Credit Line from time
to time, or with good cause, revoke your card and terminate this Agreement. Good
cause includes your failure to comply with this Agreement or any other agreement with
us. ors -a"!w raovalriatian.g(_your.,rreditwarthiness.Ybu_ma -afsatwminMe.this
Agreement at any'Gme, but termination by either of us does not affect your obligation
to pay the account balance.
5. CREDIT INFORMATION - You authorize us to Investigate your credit standing
when opening, renewing or reviewing your account, and you authorize us to disclose
information regarding your account to credit bureaus and other creditors who inquire
of us about your credit standing.
6. MONTHLY PAYMENT - We will mail you a statement every month showing your
Previous Balances of purchases and cash advances, the current traruac6ons on your
account, the remaining credit available under your Credit Line, the New Balances of
purchases and cash advances, the Total New Balance, the Finance Charge due to dale,
and any other biped toss, and the Minimum Payment requited. Every month 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
share or checking account with us. You may, of course, pay more frequently, pay more
than the Minimum Payment, or pay the Total New Balance in full, and you will reduce the
finance charge by doing so. If your monthly payment exceeds the total credit fine balance
owed, we will automatically post the credit to your S1 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,
than to previous cash advances finance charges, then to previous purchase finance
charges, then to current late fees, then to prmious cash advance balances, then to
previous purchase balances in the order Ihat they were posted to your account, then
to current cash advance balances. and then to current purchase balances.
Visa'' Credit Card Agreement and Truth In Lending D/sclosure (conflnued)
7. FINANCE CHARGES - You can avoid the Finance Charge on purchases by
paying the full amount of the New Balance of Purchases each month within 25 days
of your statement closing date. Otherwise, the New Balance of Purchases, and the
subsequent purchases from the date they are posted to your account, will be subject
to Finance Charge. Cash advances are always subject to Finance Charge from the
date they are posted to your account.
Purchases: We calculate your finance charge by multiplying the average adjusted
daily balance (see explanation below), including now purchases, for the billing cycle
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 Method
Average Daily Balance for Purchases - The Average Daily Balance for Purchase
Transactions is calculated by adding the Daily Balances (Purchase Transaction) for
each day in the billing cycle, and then dividing by the number of days in the billing
cycle. To calculate the Daily Balance for purchases each day, we take the following
steps: We take the outstanding balance (all amounts you owe) at the start of the day.
Then, in the sequence in which amounts are posted to your account, we add the
amounts of all debits and subtract the amounts of all credits or payments which post
to your account that day. After applying payments and credits, we subtract the
amount of any unpaid Finance Charges or Late Charges. Then we also subtract the
amount of any Cash Advance transactions that posted to your account on that day or
in any previous day In the billing cycle. This gives us the Daily Balance for purchases.
Average Daily Balance for Cash Advances • Cash Advance Transactions which are
posted to your account are not included in the Average Daily Balance calculation for
purchases, and are therefore riot subject to the monthly periodic rate for purchases. The
Average Daily Balance is calculated separately for Cash Advances and is subject to the
Casts Advance Monthly Periodic Rate. The Average Daily Balance for Cash Transactions
is calculated by adding the Daily Balances (Cash Transaction) for each day in the billing
cycle, and then dividing by the number of days In the billing cycle. To calculate the Daily
Balance for cash each day, we take the following steps: We take the outstanding balance
(all amounts you awe) at the start of the day. Then, In the sequence it 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 creft we subtract the amount of any unpaid Finance Charges or Late Charges.
Then we also subtract the amount of any Purchase Transactions that posted to your
aocou rA on that day or in arty previous day in the billing cycle. This gives us the Daily
Balance for Casts Advance Transactions. Note: Cash Advances are always subject to
finance charges and from the day they are posted to your account.
Payments are applied in the following manner: first to previous late fees, then to
previous cash advances finance charges, then to previous purchase finance
charges, then to current late fees, then to previous cash advance balances, then to
previous purchase balances In the order that they were posted to your account, then
to current cash advance balances, and then to current purchase balances. Credits
are applied first to the partlcular type of debt which is being credited, if any, and then
to the balance of your account.
Note also that if the total of the payments and credits which are posted to your
account by the Payment Due Date shown on a statement is equal to or exceeds the
New Balance shown on that statement, we will not apply the Monthly Periodic Rate
to your Account on your next statement.
8. DEFAULT-You will be in default If you fail to make any Minimum Payment within
25 days after your monthly statement dosing date. You authorize us to transfer funds
sufficient to make the minimum payment due if your Visa loan is in default. You will
also be in default U 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 if the value of
our security interest materially declines, We have the right to demand immediate
payment of your full account balance if you default, subject to our giving you any
notice required by law. To the extent permitted by law, you will also be required to pay
our collection expenses, including court costs and reasonable attorney fees.
9. USING THE CARD - To make a purchase or cash advance, there are two
alternative procedures to be followed. One is for you to present the card to a
participating Visa plan merchant, or another financial Institution, and sign the sales
or cash advance draft which will be imprinted with your card. The other is to complete
the transaction by using your Personal Identification Number (PIN) in conjunction
with the card in an Automated Teller Machine or other type of electronic terminal that
provides access to the 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 furnished at the
time of the transaction in order to verify the monthly slatemonl. The Credit Union may
make a reasonable charge for photocopies of s!ips 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 polity at the time of the overdraft. You also understand that an
overdraft will be considered the same as a cash advance on your PSECU Visa Credit
Card and that the current Annual Percentage Rate for cash advances will apply.
11. RETURNS AND ADJUSTMENTS -Merchants and others who honor the card
may give credit for returns and adjustments, and they will do so by sending us a
credit slip which we will post to your Visa line of credit. If your credit and payments
exceed what you owe us, we will automatically post the excess credit balance to
your S1 Shares within 75 days. if the balance is one dollar or more, upon your
written request, we will rotund the credit balance to you.
12. FOREIGN TRANSACTIONS - The exchange rate between the transaction
currency and the billing currency used for processing international transactions is a rate
selected by Visa from the range of rates available in wholesale currency markets for the
applicable central processing date, which rate may vary from the rate Visa itself
receives, or a government-mandated rate in effect for the applicable central processing
date. In each instance, an adjustment may be assessed based on the ISA fee imposed
by Visa. This fee, which totals 1 % of the transaction amount, will be assessed on all
transactions where the merchant country differs from the country of the card issuer.
13. SPECIAL RULES FOR VISA PURCHASES - 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 $50 and was made from a plan merchant in your state
within 100 miles of your home, contact PSECU.
14. DISPUTED TRANSACTIONS - You are required to notify PSECU in writing
within 60 days following the date on which we sent your statement wherein the error
or problem first appeared regarding any discrepancy or unauthorized transaction on
your account. Telephoning PSECU does not presefve your dispute rights. You may
be required to provide us with documentation to support your dispute claims. In
addition, you may be required to complete a standard dispute form outlining the
details of your dispute. In cases of fraudulent card use, PSECU will also require a
notarized affidavit. In some cases we may ask you to notify the local authorities.
If we do not receive the proper requested documentation in the time specified you
may be held responsible for the transaction(s) in question. PSECU must adhere to
strict dispute timeframes set forth by Visa.
15. SECURITY INTEREST - To secure your account, you grant us a purchase
money security interest undor the Uniform Commercial Code in any goods you
purchase through the account. If you default, we will have the right to recover any of
these goods which we have not been paid for through our application of your
payments in the manner described in the Monthly Payment section. With respect to
this account only, we will not assert any statutory right we may have If you are in
default to prevent withdrawal of your unpledged credit union shares (Deposits)
below the unpaid balance of your account. However, if you give or have given us a
specific pledge of your credit union shares (Deposits) by signing the Pledge of
Shares or otherwise, or any other security interests for all your debts, your account
will be secured by your pledged shares (Deposits) and by the property described in
those other security agreements. except for your home.
18. EFFECT OF AGREENT - This Agreement is the contract which applies to
all transactions on your account even 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 xhitten notice required by
taw. 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 subjod to a $20 charge.
18. RUSH FEES -You may incur additional charges for rush processing and rush
delivery of cards and/or PIN mailer.
19. OVER LIMIT FEE -A $20 fee will be applied for each monthly statement closing date
on which the outstanding balance exceeds the assigned credit limit by more than $100,
20. DRAFT COPIES -- You may incur an additional charge for transaction
summary/sale draft documentation.
21. COPY RECEIVED -You acknowledge receipt of a copy of this Agreement.
22. ILLEGAL TRANSACTIONS PROHIBITED - You agree that you will not use
your card for any transaction that is illegal under applicable federal, state, or local law.
23. NO USE - Inactive Visa accounts that have no purchase or cash activity may
be closed without notice to you after 18 months of no activity.
24. NEURAL NETWORK - PSECU uses neural network systems to predict and
prevent unauthorized transactions. There may be occasions when a transaction is
declined because it is indicative of possible fraudulent activity.
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Exhibit "C"
IFTW =aU17Y ADVANCF,THE OAN YSEC1RRYf pORTHIB AOVANCa 14 THE REAL PROPERTY (RI MOST CASES YOUR HOME) WHICHYOU GAVE AS SEGlIF6rY WHEN YOUR ACCOUNT
IFTHIS IS NDTA HOME EQUITY ADVANCE IN ADOMON 7O1NE Pt FWF M 04AWA 1U W9 ut 1 nw K=09 reeenir •neen- rue............ ?_. ___ _ -- . -- _. ----
REM PROPERTY
: i ?..
e
-
. .?• ••
y ?.?:3? F 7L , Lt- F?ffft w?iw?vc.
1. HONDA
2.
a ILOT 2006 H.KYF185X6H505336 SW 33,595.00
4.OTHER
YOU PLEDGE SNARES MOM DEPOSITS of $
OLD ACCOUXVLOAN NUMSER PAYOFF (PRM + INT.)
OLD ACOOUNTXCAN NUMBER WOW RMIG + INT.) IN ACCOUNT NUMBER
OLD ACOOUNTILOAN NUMBER PAYOFF pRINC.+ INT. OLD ACCOUNTA W W NUMBER P1IYOFF (pRM1C +INT
OLD ACOC1tKrA.0AN NUMBER PAYOFF PRIM+ INT OLD ACCOUNIXOAN NUMBER PAYOFF + INT.)
By accepting the proceeds or by using the funds advanced and deposited Into your share/share draft account, you agree (1) that the property referenced above
wM secure the advance and any Other advances you have now or receive In the future under the LOANUNER• Credit and Security Agreement (the Plan) and
any other amounts you owe us for any reason now or In the future in accordance wNh the terms of the Plan and (2) to make payments as disclosed above In
accordance with the terms of the Plan.
19% IV. K at 1%Sk 99. NW. 01, M.O9,ALL RK11B8 RESERVED PENNSYLVANIA STATE EMR.OYEES CREDIT UNION FORM #3176 JVXX0100-1 037.2022.1 (We)
Pennsylvania State
` Employees Credit Union
R O. BOX 67013
ADVANCE PROCEEDS VOUCHER
PSECO Harrisburg, PA 17106-7013
717.234.8484
AND SECURITY AGREEMENT 800.237.7328
SECURITY AGREEMENT -
In this agreement all references to Credit Union, we, our, or us means Pennsylvania registration fees) due on the property.
State Employees Credit Union and anyone to whom the Credit Union assigns the Credit
Agreement which will be referred to as the Plan. All references to you
your
and If you do not pay the taxes or fees on the property when due or keep it insured, we may
,
,
borrower mean each person who signs this agreement. All references to the advance 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
mean the amount in the box labeled Amount Advanced. This is a multi-state document
which may be used to lend to borrowers in all states except Louisiana and Wisconsin interest on those amounts at the same rate you agreed to pay on the advance. We may
e
.
1. THE SECURITY FOR THE LOAN - By signing this security agreement in the rec
ive 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
. signature area or under the statement referring to this agreement which is on the back other borrowers have complied with the insurance requirements of our loan agreements
of the check you receive for the advance,.you give us what is known as a security or may engage others to do so. The insurance charge added to the advance may include
interest in the property described in the Security Offered section on the reverse side. . (1) the insurance company's payments to us and (2) the cost of determining compliance
The security interest you give includes all accessions. Accessions are things which are with the insurance requirements. If we add amounts for taxes
fees or insurance to the
attached to or installed in the property now or in the future. The security interest also ,
unpaid balance of the advance, we may increase your payments to pay the amount
includes any replacements for the property which you buy within 10 days of the added within the term of the insurance or approximate term of the advance.
advance or any extensions, renewals or refinancings of the advance. It also includes B, NOTICE - If you do not purchase the required property insurance
the insurance
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 ,
we may purchase and charge you for will cover only our interest in the property. The
i
as security if asked to do so. nsurance will not be liability insurance and will not satisfy any state financial
responsibility or no fault laws.
2. WHAT THE SECURITY INTEREST COVERS - The security interest secures the
advance and any extensions
renewals or refinancings of the advance
It also secures 9. DEFAULT - You will be in default if you break any promise you make under this
,
.
any other advances you have now or receive in the future under the Plan and any other agreement. You will also be in default if you are in default under the Plan. If you are
pledging property, but have not_signed the Plan, you will be in default if anyone is in
amounts or loans, including any credit card loan, you owe us for any reason now or default who has signed the Plari
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 .
i0. WHAT HAPPENS IF YOU ARE IN DEFAULT - The following paragraph applies
,
the property will secure only the advance and not other amounts you owe. to borrowers in Colorado, District of Columbia, Iowa, Kansas, Maine,
3. OWNERSHIP OF THE PROPERTY - You promise that you own the property or Massachusetts, Missouri, Nebraska, South Carolina and West Virginia. When you
are in default and after expiration of any right you have under applicable state law to
if this 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 cure your default, we can require immediate payment of your outstanding balance
under the Plan without giving you advance notice.
property that you have not already told us about. You promise not to sell or lease the
Droperty or to use it as security for a loan with another creditor until the advance is The following paragraph applies to borrowers in all other states. When you are in
-epaid. You promise you will allow no other security interest or lien to attach to the default, we can require immediate payment (acceleration) of what you owe under the
)roperty either by your actions or by operation of law. Plan and take possession of the property. You waive any right you have to demand for
t. PROTECTING THE SECURITY INTEREST - If your state issues a title for the payment, notice of intent to accelerate and notice of acceleration.
)roperty, you promise to have our security interest shown on the title. We may have The following paragraphs apply to all borrowers.
o file what is called a financing statement to protect our security interest from the You agree the Credit Union has the right to take possession of the property without
,laims of others: If asked to do so, you promise to sign a financing statement You judicial process if this can be done without breach of the peace. If we ask, you promise
.Iso promise to do whatever else we think is necessary to protect our security interest to deliver the property at a time and place we choose. We will not be responsible for
i the property. You promise to pay all costs, including but not limited to any attorney any
other
property not covered
this
leave
y
n
m
o
;es, we incur in protecting our security interest and rights in the property, to the o
r that is at
tached
W
e will try to
ached to the p opert
etu
that
you or
make
xtent permitted by applicable law. it available to you to claim.
USE OF PROPERTY- Until the advance has been paid off, you promise you Will: After we have possession of the property, we can sell it and apply the money to any
1 Use the carefully and keep in good repair. (2) written
property y p it g pair. (_) Obtain our " t.r` amounts you owe us. We will give you notice of any public sale or the date after which
ermission before making major changes to the property or changing the address a private sale will be held. Our ex enses for takin
p g possession of and selling the
There the property is kept. (3) Inform us in writing before changing your address. (4)
)low us to ins ect the
p property. (5) Promptly notify us if the property is damaged 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
,
tolen or abused. (6) Not use the property for any unlawful purpose. extent permitted under state law or awarded under the Bankruptcy Code. The rest of
. CONSUMERS' CLAIMS AND DEFENSES NOTICE - The following paragraph 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
oplies only when the box an reverse side is checked. remains unpaid after the sale money has been applied to the unpaid balance of the
OTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS advance and to what you owe under this agreement. You agree to pay interest on that
OBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD amount at the same rate as the advance until that amount has been paid.
SSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED 11. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE AGREEMENT- We can
?(TH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE delay enforcing any of our rights under this agreement any number of times without
EBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR 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
EREUNDER. ,
this agreement will continue to protect us.
PROPERTY INSURANCE, TAXES AND FEES - You must maintain property 12. CONTINUED EFFECTIVENESS - If any part of this agreement is determined by
surance on all property that you give as security under the Plan. You may purchase a court to be unenforceable, the rest will remain in effect.
property insurance from anyone you choose who is acceptable to the Credit Union. 13. NOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VEHICLE -
e amount and coverage of the property insurance must be acceptable to us. You
iy provide the property insurance through a policy you already have, or through a THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT TO
REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE
AND ALL
licy you get and pay for. You promise to make the insurance policy payable to us ,
AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN THAT SALE
YOU
J to deliver the policy or proof of coverage to us if asked to do so. ,
MAY HAVE TO PAY THE DIFFERENCE.
iou cancel your insurance and get a refund, we have a right to the refund. If the
)perty is lost or damaged, we can use the insurance settlement to repair the 14. NOTICE FOR ARIZONA OW14ERS 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
)perty or apply it towards what you owe. You authorize us to endorse any draft or have received notice of default. The notice will be mailed to the address you gave us. It
>ck which may be payable to you in order for us to collect any refund or benefits is your responsibility to notify us if your address changes. The maximum penalty for
I under your insurance policy. You also promise to pay all taxes and fees (like unlawful failure to return a motor vehicle is one year in prison and/or a fine of $150,000.
TRF P,1zRP9r,-rV nrer RrrrT1nrJ 11H TLre ncurner L-Mr! 10 nr:rt-
Pennsylvania. State `Employees 'Credit Union No.553693;
roe..mow i1wmOMB,PAI7106.7012 • (717J2Jr-NSrwl.ool237.73211
AIJTODRAFT:'• % I volo ovER.si33i595•,OO ?:f/f? REFERENgEF 8009874663, .VOID'120 DAYS-AFTER 07/29406 ,
PAY TO THE
ORDER OF (DEALER]
• ` f !i• 9 ?,? .. i / ' % •"_ •.
-- w? `DOLLARS...
id :IMPOgTANT7 VI110 UNlESB DEALER END SEMENTpOAAPIETED• r-?. MEMBER ENDQRSEMENl?;? 7• . +J a?;r?•j??
/ fiW e,a..(M el2aipNw ir?pwi V.lil::t rjd rslary W;,.6 IN.;; vM?iel..I :By enAoi:NO ifs /tutnlliitl. IAYe pae to th. term?.Bsud'on llie nref.e sid••. •7 /{ .;
%nrop yw?r ?dl: er AUdkNJ'lon.ewd ly /SECU er Ili ANLOfdl will lei.. /dl lhi Aidf/Ceinpliu?h^IorowlnB npaym.nt Nlalni.aon:. :.'. .', •, •;ti •' / :.,
/ ?."w`?:e No o.•wn a e..rx..I:.l ur Awwdl:Fw l: pad a 11r vela».11d? f '1/.:?1 ?(1 :%• i+ +' . / : ' . •?.? .'.r:
w u rq p.M M IN. Bwr.w.dJ TN. MrW[MN A.B net Y w.e ro'pridlu. Trm IMenl ?_? R.br a M. i.mm in lh Mover V.IJd. Lora B , fi; r„f
.wwunN.e.leiwWl.dud., ertl.Ww.d.wbM tlBN.WW. w.dOdn N.ed. ?eur Tlandn .? Nem.baMNB ? ?a7rN • ? MoruNy C..p.rl 11 ? O. OJ i.el ?.vm.d '-
odd.e.dM tlr udw il.lo.. ej -.iiyi0 du.iNeeeN. et ))Ns Jrdt+rou qrs. m frNweY. 'O ".NY O el•w...lr ? weak ? .sem.M.rud .. '
' m.wn.ew.e wlti rw.r fli;'. •i ?: ILidD fA%?717.7B7B3N' •.•.: :'J- /'?•<?,+, f r...
' en.- law usto. MemMr Elidaneme.ne•r •, ?' ". ",? /r •.
CROCICE7T
HOLL M
rcu dw uaB ..: " • : .
11'' .r
lCX 'i0•+ 11 104 ,q.•APPlieent Endorsement '
TJ` •G ?.?(t;•,ouwnrwre.ry•,1J6. r:• :l"'.; .N000•APPLICANT -
i.
?I.553693q!I':,'!:23i3Biii67: 31096BOOi311¦ se4 .l'0003342700.11 L
$Sei EBS? sa; 3`?`
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pg? 32?A51870 4Yi? ?`??2'.???' r• ° ???y5 ?om
Asir
Exhibit "D"
PSE(O
the financial links
Pennsylvania State Employees Credit Union
P-O. Box 67013 • Harrisburg, PA 17106-7013 • (717) 234-8484 Harrisburg, (600) 237.7328 Nationwide
Loan Disclosures
This LOANLINER' Credit and Security 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 PSECU or anyone to whom the Credit
Union transfers Its rights under the Plan.
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.
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.
REPAYMENT -You pwmiss-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 subaccount. You may repay all
or part of what you owe at any time without any prepayment penalty. Even if you
prepay, you will still be required to make the regularly scheduled payments unless
we agree in writing to a change in the payment schedule. If you have a joint
sharedraft account, you will be responsible for paying all overdraft advances
obtained by a joint holder of the sharedraft account. Unless otherwise required by
law, payments will be applied to amounts owed under the Plan, in the manner the
Credit Union chooses.
PLAN ACCESS -You can obtain credit advances in any manner authorized by us. If
we allow you to use your ATM/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
unauhorized use. If you believe your ATM/Debit card has been lost or stolen,
immedately inform the Credit Union by caging or writing us at the telephone number or
address thht appears elsewhere it the Plan. If the card is used to obtain unauthorized
advances directly from the Plant, your liability will not exceed $50. If the unauthorized
withdrawal is from a sharedraft account, your liability is governed by the Regulation E
disclosures you received at the time you received your ATM/Debit card, even if the
withdrawal results in an advance being made from your overdraft subaccount.
FINANCE CHARGE - The dollar amount you pay for money borrowed is called a
"finance charge' and begins on the date of each advance. A finance charge will be
computed separately for each separate balance under the Plan. To compute the
finance charge, the unpaid balance for each day since your last payment (or since
an advance it you have not yet made a payment) is multiplied by the applicable daily
periodic rate. The stun of these amounts is the finance charge owed. The balance
used to compute the finance charge is the unpaid balance each day after payments
- emd-oadI tsto that betarre love bee i subtracted and any additions to the balance
have been made. In addition to interest, we may charge other finance charges which
are disclosed on the Addendum. If 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 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
shaves in that account to the extent of the outstanding balance for the advance.
Otherwise, your pledged shares may be withdrawn unless you are in default. The
following paragraph applies in all states except in Ohio, Rhode Island and
Massachusetts: We have a statutory lien on the shares and dividends and, if any, the
deposits and interest in all individual and joint accounts you have with us and may
exercise our rights under the lien to the extent permitted by state law. (We are state
chartered if our name does not include the term "Federal Credit Union") For all
borrowers:The statutory lien and/or your pledge will allow us to apply the 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 subaccount. A
subaccount name such as 'Other Secured' means you must provide security
acceptable to us when you obtain an advance under that subaccount. Property you
give as security will secure all amounts owed under the Plan and all other loans you
have with us now or in the future, except any loan secured by your principal dwelling.
Property securing other loans you have with us may also secure the Plan.
CREDIT INSURANCE - Credit life and/or 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 ban balance and charge you
interest on the entire balance. If you elect credit insurance, your payments may
increase or the period of time necessary to repay your advance may be extended.
The credit insurance rates may change during the Plan. If the rates change, we will
provide any notices required by applicable law.
PERIODIC STATEMENT - On a regular basis you will receive a statement showing
all transactions under the Plan during the period covered by the statement.
Statements and notices will be sent to you at the most recent address you have
given us in writing. Unless applicable 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 means we can enforce our rights
under the Plan against any one of you individually or against all of you together. If you
give us inconsistent instructions, we can refuse to follow your instructions. Unless our
written policy requires all of you to sign for an advance, each of you authorizes the
other(s) to obtain advances individually and agrees to repay advances made to fits
other(s). Any joint accountholder may terminate the Plan by giving us prior written
notice. If any of you terminate the Plan, the Plan is terminated for all of you. You
remain liable individually and jointly for all advances incurred before termination.
FEES AND CHARGES - If you give us a security interest in certain types of
property, we may charge you a filing fee to perfect our-interest In the property. It 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.
UPDATING CREDIT INFORMATION -You promise that you will promptly give us
wrgtan notice if you move, change your name or employment, or it any other
information you provided to us changes. Upon our request, you also agree to
provide us updated financial information.
DEFAULT - The following paragraph applies to borrowers In Idaho, Kansas,
Maine and South Carolina: You will be in default it you do not make a payment of
the amount required when it is due, You will also be in default if we believe the
prospect of payment, performance, or realization on any property given as security
is significantly impaired.
The following paragraph applies only to borrowers in 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 or materially impairs the condition, value,
or protection of or our riglt,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_app(irs to borrowers In all other states.-.You will bennn
default it 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 default if you die, file for bankruptcy. become Insolvent, it you
make any false or misleading statements in any credit application or update of credit
information, or if something happens we believe may substantially reduce your
ability to repay what you owe. You will be in default it any property you have given
us as security is repossessed by someone else, seized under a forfefture or similar
law, or if anything else happens that significantly affects the value of the property or
our security interest in it. You will also be in default under the Plan if you are in default
under any other loan agreement with us.
ACTIONS AFTER DEFAULT - The following paragraph applies to borrowers In
Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts, Missouri,
Nebraska, South Carolina and West Virginia: When you are in default and after
expiration of any right you have under applicable state law to cure your default, we can
demand immediate payment of the entire unpaid balance under the Plan without
giving you advance notice.
The following paragraph applies to borrowers in all other states except Wisconsin
and Louisiana: When you are in default, we can require immediate payment
(acceleration) of the entire unpaid balance under the Plan. You waive any right you have
to demand for payment, notice of intent to accelerate and notice of acceleration.
The following paragraphs apply to borrowers In all 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 applicable interest rates in effect or, if applicable,
C :UNA MUTUAL GROLP, 1960. 2W6, ALL RIGHTS RESERVED _CPSre01 PSECU FORM 93146
LOANLINER' Credit and Security Credit Agreement (continued)
at the default rate disclosed on the Addendum. If a demand for immediate payment
has been made, your shares and/or deposits can be applied towards what you owe
as provided in the section above called "SecurityWe can also exercise any other
rights given by law when you are in default.
You agree ilia 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. It the property is a motor vehicle or boat, you agree that we may
obtain a key or other device necessary to unlock and operate it, when you are in
default. We will not be responsible for any other 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 the property, we can sell it and apply the money to any
amounts you owe us. We will give you notice of any public disposition or the date after
which a private disposition will be held. Our expenses for taking possession of and
selling the property will be deducted from the money received from the sale. Those
costs may include the cost of storing the property, preparing it for sale and attorney's
fees to the extent permitted under state law or awarded under the Bankruptcy Code.
You must pay any amount that remains unpaid after the sate money has been applied
to any unpaid balance under the Plan. You agree to pay interest on that amount at the
same rate as the advance, or, H applicable, at the default rate disclosed on the
Addendum, until that amount has been paid.
The following paragimph *01" only to Wisconsin borrowers: When you are in
default and after expiration of any right you have under applicable state law to cure your
default, we may require immediate payment of your outstanding loan balance under the
Plan and seek possession of property given as security. You may voluntarily give the
property to us it you choose, or we may seek to take possession of the property by
judicial process. If we repossess the property, you agree to pay reasonable expenses
incurred in disposing of the property. If the property is a motor vehicle, mobile home,
trailer, snowmobile, boat or aircraft. you will also be required to pay any costs permitted
by Sedan 422.413 of the Wisconsin Statutes. You must pay any amount that remains
unpaid after the sala money has been applied to what you owe under the Plan. Ybu
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 Addendum, unfit that amount is paid.
If the property is located outside Wisconsin at the time of default, we may take
possession of the property without judicial process, it permitted by the state where
the property is located.
The following paragraph applies only to Louisiana borrowers: When you are in
default, we can require Immediate payment (acceleration) of the entire unpaid
balance under the Plait. You waive any right you have to demand for payment, notice
of intent to accelerate and notice of acceleration. If immediate payment is
demanded, you wig continue to pay interest until what you owe has been repaid at
the applicable interest rates In effect unless a default rate is disclosed on the
Addendunu If a demand for immediate payment has been made, the shares and
deposits given as security for the Plan can be applied towards what you owe. We
can also exercise any other rights given by law when you are in default and our
rights under any security agreements you have with us.
CANCELLING OR CHANGING THE PLAN - The following paragraph applies
only to borrowers in Illinois: We have the right to change the terms of the Plan Irom
time to time after giving you any advance notice required by law. Any change to the
interest rate or otter charges will apply to future advances.
The following paragraph applies only to borrowers In Wisconsin: We can
change the terms of the Plan from time to time in accordance with Section 422.415
of the Wisconsin Statutes. You will be notified of any change in terms. An increase
in the daily periodic rate under a variable rate interest rate is not considered a
change in terms under the Plan. We can cancel the entire Plan or any part of the
Plan at any time. You may cancel the Plan at any time by giving us prior written
notice. Your obligation to pay the unpaid balances under the terms of the Plan
continues 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 means you agree the
change applies to existing balances.
The following paragraph applies to borrowers In all other states: We have the
right to change the terms of the Plan from time to time after giving you any advance
notice required by law. Any change in the interest rate will apply to future advances.
and at our discretion and subject to any requirements of applicable law, will also
apply to unpaid balances.
The following paragraph applies to all but Wisconsin borrowers: An increase to
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.
DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN - We can delay
enforcing any of our rights under this Plan any number of times without losing the
ability to exercise our rights later. We can enforce this Plan against your heirs or
legal representatives. If we change the terms of the Ran, 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 effect.
NOTICE TO UTAH BORROWERS - This written agreement is a final expression of
the agreement between you and the Credit Union. This written agreement may not
be contradicted by evidence of any oral agreement.
The tollowing 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.
The following paragraphs apply if you give security In connection with an
advance under the Plan. They apply to borrowers In all states except Louisiana.
Louisiana borrowers will execute a separate security agreement. Borrowers In
other states may also be asked to execute a separate security agreement.
THE SECURITY FOR THE PLAN - You give us what is known as a security
interest in all property described in any receipt, voucher or other document you
receive for an advance ("the Advance"). The security interest you give includes all
accessions. Accessions are things which are attached to or installed in the property
now or in the future. The security interest also includes any replacements for the
property which you buy within 10 days of the Advance or any extensions, renewals
or refinancing of the Advance. It also includes any money you receive from 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.
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. It also secures any other advances you have now
or receive In the future under the Ptan and any. other amounts or loans,
including any credit card loan, you owe us for any reason now or in the future,
except any loan secured by your principal residence. If the property is household
goods as defined by the Federal Trade Commission Credit Practices Rule, the
property will secure only the Advance and not other amounts you owe.
OWNERSHIP OF THE PROPERTY - You promise that you own all property you
give as security or if the Advance is to buy the property, you promise you will use
the Advance for that purpose. You promise that no one else has any interest in or
claim against the property that you have not already told us about. You promise not
to sell or lease the property or to use it as security for a loan with another creditor
until the Advance is repaid. You promise you will allow no other security interest or
lien 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 an 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. 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 insurancil and get a refund, we have a right to the refund. It 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 insurance policy. 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 lor 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 complied with the insurance requirements of our loan agreements
or may engage others to do so. The insurance charge added to an advance may include
(1) the insurance company's payments to us and (2) the cost of determining compliance
with the insurance requirements. If we add amounts for taxes, fees or insurance to the
unpaid balance of an advance, we may increase your payments to pay the amount
added within the term of the insurance or approximate term of the advance.
INSURANCE NOTICE - If you do not purchase the required property insurance,
the insurance we may purchase and charge you for will cover only our interest in the
property. The premium for this insurance may be higher because the insurance
company may have given us the right to purchase insurance after uninsured
collateral is lost or damaged. The insurance will not be liability Insurance and
will not satisfy any state financial responsibility or no fault laws.
PROTECTING THE SECURITY INTEREST - It your state issues a title for the
property, you promise to have our security interest shown on the title. We may have
to file what is called a financing statement to protect our security interest from the
claims of others. If asked to do so, you promise to sign a financing statement. You
also promise to do whatever else we think is necessary to protect our security
interest in the property. You promise to pay all costs, including but 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.
LOANLiNER' Credit and Security Credit Agreement (continued) penalty for unlawful fa lure to return a motor vehicle is one year in prison and/or a
if o will. 1 fine of $150.000.
USE OF PROPERTY - Until the Advance has been paid c . you promises y u
(t) Use the property carefully and keep it in good repair. (2) Obtain our written i
permission before making ma;or changes to the properly 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 it the property is damaged. !.
stolen or abused. (5) Not use the property for any unlawful purpose (71 Not to retitle
property in another state without telling us.
NOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VEHICLE
- THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT TO
REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE,
AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN
THAT SALE, YOU MAY HAVE TO PAY THE DIFFERENCE.
NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful for you to fail
to return a motor vehicle that is subject to a security interest, within thirty days after
you have received notice of default. The notice will be mailed to the address you
gave us. It is your responsibility to notify us if your address changes. The maximum
For those members who purchase a vehicle under the
DRIVe Program, please review the following FTC Notice:
t1QTIE
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.
This notice contains important information about your rights and our responsibilities
under the Fair Credit Billing 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 OUESTIONS ABOUT YOUR
STATEMENT. if you think your statement is wrong, or if you need more information
about a transaction on your statement, write us on a separate sheet at the address
listed on your statement. You are required to notify us in writing within 60 days
following the date on which we sent your statement wherein the error or problem
first appeared regarding any discrepancy or unauthorized transactions on your
account. Failure to notify us may result in your acceptance of any responsibility for
payment or reimbursement to us for any such error or discrepancy on your account.
Write to us as soon as possible. You can telephone us, but doing so will not
preserve your rights.
In your letter, give us the following information:
Your name and account number.
The dollar amount of the suspected error.
Describe the error and explain, if you can, why you believe there is an error.
11 you need more information, describe the item you are not sure about.
It you have authorized us to pay a credit card account automatically from your share
account or checking account, you can stop the payment on any amount you think is
wrong. To stop the payment your letter must reach us three business days before the
automatic payment is scheduled to occur.
YOUR RIGS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR
WRITTEN NOTICE - We must acknowledge your letter within 30 days, unless we
have corrected the error by then. Within 90 days, we must either correct the error or
explain why we beleve 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 Card means the Visa Credit Card and any
duplicates and renewals we issue. Account means your Visa Credit Card Line of
Credit account with us. We, us, and ours means this Credit Union.
t. RSSPONSIEK4TY--#-we iseueyou-e ear?yot o ee fo-repayeftdebts and**--
Finance Charge arising from the use of the card and the card account. For example,
you are responsible for charges made by yourself, your spouse and minor children,
You are also responsible for charges made by anyone also to whom you give the
card, and this responsibility continues until the card is recovered. You cannot disclaim
responsibility by notifying us, but we will close the account for new transactions if you
so request and return all cards. Your obligation to pay the account balance continues
even though an agreement, divorce decree or other court judgment to which we are
not a party may direct you or one of the other persons responsible to pay the account.
The cards remain out property and you must recover and surrender to us all cards
upon our request and upon termination of this Agreement
2. 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 -Yiw agree to notify us immediately, orally
or in writing of the loss, theft or unauthorized use of your Credit Card. You may be liable
br the unauthorized use of your Credit Card. You will not be liable for unauthorized use
that occurs after you notify us of the loss, theft, or possible unauthorized use. You will have
no liability for unauthorized purchases made with your Credit Card, unless you are grossly
negligent in the handing of your Card. In any case, your liability will not exceed $50.
4. CREDIT LINE - If we approve your application, we will establish a self-
replerushing Line of Credit for you and notify you of its amount when we issue the
card. You agree not to let the account balance exceed this approved Credit Line. Each
payment you make on the account will restore your Credit Line by the amount of the
payment which is applied to the principal. You may request an increase in your Credit
After we receive your letter, we cannot try to collect any amount you question, or report
you as delinquent. We can continue to send statements to you for the amount you
question, including finance charges, and we can apply any unpaid amount against your
credit limit. You do not have to pay any questioned amount while we are investigating,
but you are still obligated to pay the parts of your statement that are not in question.
If we find that we made a mistake on your statement, you will not have to pay any
finance charges related to any questioned amount. 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 amount. In either case, we will send you a statement
of the amount you owe and the date that it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent.
However, it our explanation does not satisfy you and you write to us within ten days
telling us that you still refuse to pay, we must tell anyone we report you to that you
have a question about your statement. And, we must tell you the name of anyone
we reported you to. We must tell anyone we report you to that the matter has been
settled between us when it finally is.
If we don't follow these rules, we can't collect the first $50 of the questioned amount,
even if your statement was correct.
SPECIAL RULE FOR CREDIT CARD PURCHASES - If you have a problem with
the quality of property or services that you purchased with a cradit card, and you
have tried in good faith to correct the problem with the merchant, you may have the
right not to pay the remaining amount due on the property or services. There are two
limitations on this right: (a) You must have made the purchase in your home state or,
if not within your home state, within 100 miles of your current mailing address; and
(b) The purchase price must have been more than $50.
These limitations do not apply if we own or operate the merchant, or if we mailed
you the advertisement for the property or services.
Line only by written application to us, which must be approved by our credit committee
or loan officer. By giving you written notice we may reduce your Credit Line from time
to time, or with good cause, revoke your card and terminate this Agreement. Good
cause includes your failure to comply with this Agreement or any other agreement with
us, or r. g reeyWuatiQtLatyouur creditwot'tltiness.NW-may-aisa terminate this
Agreement at any time, but termination by either of us does not affect your obligation
to pay the account balance.
5. CREDIT INFORMATION - You authorize us to investigate your credit standing
when opening, renewing or reviewing your account, and you authorize us to disclose
information regarding your account to credit bureaus and other creditors who inquire
of us about your credit standing.
6. MONTHLY PAYMENT - We will man you a statement every month showing your
Previous Balances of purchases and cash advances, the current transactions on your
account, the remaining credit available under your Credit Line, the New Balances of
purchases and cash advances, the Total New Balance, the Finance Charge due 10 date,
and any other billed lees, and the Minimum Payment required. Every month you must pay
at least the Minimum Payment within 25 days of your statement closing date. By separate
agreement you may authorize us to charge the minimum payment automatically to your
share or checking account with us. You may, of course, pay more frequently, pay more
than the Minimum Payment, or pay the Total New Balance in full, and you wig reduce the
finance charge by doing so. If your monthly payment exceeds the total credit line balance
owed, we will automatically post the credit to your S1 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 fees, then to previous cash advance balances, then to
previous purchase balances in the order that they were posted to your account, then
to current cash advance balances, and then to current purchase balances.
Visa' Credit Card Agreement and Truth in Lending giscLosrrre (continued)
7. FINANCE CHARGES -You cari avoid the Finance Charge on purchases by
paying the full amount of the New Balance of Purchases each month within 25 days
of your statement closing date. Otherwise, the New Balance of Purchases, and the
subsequent purchases from the date they are posted to your account, will be subject
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 Method
Average Daily Balance for Purchases - The Average Daily Balance for Purchase
Transactions is calculated by adding the Daily Balances (Purchase Transaction) for
each day in the billing cycle, and then dividing by the number of days in the billing
cycle. To calculate the Daily Balance for purchases each day, we take the following
steps: We take the outstanding balance (all amounts you owe) at the start of the day.
Then, in the sequence in which amounts are posted to your account, we add the
amounts of all debits and subtract the amounts of all credits or payments which post
to your account that day. After applying payments and credits, we subtract the
amount of any unpaid Finance Charges or Late Charges. Then we also subtract the
amount of any Cash Advance transactions that posted to your account on that day or
in any previous day in the billing cycle. This gives us the Daily Balance for purchases.
Average Da9y Balance for Cash Advances - Cash Advance Transactions which are
posted to your account are not included in the Average Daily Balance calculation for
purchases, and are therefore not subject to the monthly periodic rate for purchases. The
Average Daily Balance is calculated separately for Cash Advances and is subject to the
Cash Advance Mbnthy Periodic Rate. The Average Dally Balance for Cash Transactions
is cal ulated by adding the Daily Balances (Cash Transaction) for each day in the billing
cycle, and then dtviclng by the nurnber of days In the billing cycle. To calculate the Daily
Balance for cash each day, we take the following steps: We take the outstanding balance
(all amounts you owe) at tfta start of the day. Then, In the sequence in which amounts
are posted to your account, we add the amounts of all debits and subtract the amounts
of all credos or payments which post to your account that day. After applying payments
and credits, we subtract the a nount of any unpaid Finance Charges or Late Charges.
Then we also subtract the amount of any Purchase Transactions that posted to your
account on that day or in any previous day in the bilfvhg cycle. This gives us the Daily
Balance for Casts Advance (tar?acUorts. Note: Cash Advances are always subject to
finance churgiss and from this day they are posted to your account.
PaymernV 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 foes, then to previous cash advance balances, then to
previous purchase balances in the order that they were posted to your account, then
to current cash advance balances, and then to current purchase balances. Credits
are applied first to the particular type of debt which is being credited, if any, and then
to the balance of your account.
Note also that it the total of the payments and credits which are posted to your
account by the Payment Due Date shown on a statement is equal to or exceeds the
New Balance shown on that statement, we will not apply the Monthly Periodic Rate
to your Account on your next statement.
5. DEFAULT-You will be in default if you fail to make any Minimum Payment within
25 days after your monthly statement closing date. You authorize us to transfer funds
sufficient to make the minimum payment due if your Visa loan is in default. You will
also be in default It 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 if the value of
our security interest materially declines. We have the right to demand immediate
payment of your full account balance if you default, subject to our giving you any
notice required by law. To the extent permitted by law, you will also be required to pay
our collection expenses, including court costs and reasonable attorney fees.
9. USING THE CARD - To make a purchase or cash advance, there are two
aftemative procedures to be followed. One is for you to present the card to a
participating Visa plan merchant, or another financial institution, and sign the sales
or cash advance draft which will be imprinted with your card. The other is to complete
the transaction by using your Personal Identification Number (PIN) in conjunction
with the card in an Automated Teller Machine or other type of electronic terminal that
provides access to the 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 furnished at the
lime 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 - If you elect to overdraft to your PSECU Visa Credit
Card, that election is subject to the existing credit limit and the agreement it represents
and the current loan policy at the time of the overdraft. You also understand that an
overdraft will be considered the same as a cash advance on your PSECU Visa Credit
Card and that the current Annual Percentage Rate for cash advances will apply.
11. RETURNS AND ADJUSTMENTS -Merchants and others who honor the card
may give credit for returns and adjustments, and they will do so by sending us a
credit slip which we will post to your Visa line of credit. II your credit and payments
exceed what you owe us, we will automatically post the excess credit balance to
your S1 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 billing currency used for processing intemational 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 bell
receives, or a government-mandated rate in effect for the applicable central processing
date. In each instance, an adjustment may be assessed based on the ISA fee imposed
by Visa. This fee, which totals 1% of the transaction amount, will be assessed on all
transactions where the merchant country differs from the country of the card issuer.
13. SPECIAL RULES FOR VISA PURCHASES - 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 $50 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 80 days following the date on which we sent your statement wherein the error
or problem first appeared regarding any discrepancy or unauthorized transaction on
your account. Telephoning PSECU does not presefv_e your dispute rights, You may
be required to provide us with documentation to support your dispute claims. In
addition, you may be required to complete a standard dispute form outlining the
details of your dispute. In cases of fraudulent card use, PSECU will also require a
notarized affidavit. In some cases we may ask you to notify the local authorities.
If we do not receive the proper requested documentation in the time specified you
may be held responsible for the transaction(s) in question, PSECU must adhere to
strict dispute timeframes set forth by Visa.
15. SECURITY INTEREST - To secure your account, you grant us a purchase
money security interest under the Uniform Commercial Code in any goods you
purchase through the account. If you default, we will have the right to recover any of
these goods which we have not been paid for through our application of your
payments in the manner described in the Monthly Payment section. With respect to
this account only, we will not assert any statutory right we may have if you are in
default to prevent withdrawal of your unpledged credit union shares (Deposits)
below the unpaid balance of your account. However, if you give or have given us a
specific pledge of your credit union shares (Deposits) by signing the Pledge of
Shares or otherwise, or any other security interests for all your debts, your account
will be secured by your pledged shares (Deposits) and by the property described in
those other security agre ments, except for your home.
18. EFFECT OF AGREENT - This Agreement is the contract which applies to
all transactions on your account even 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 Allen 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 subject to a $20 charge.
18. RUSH FEES - You may incur additional charges for rush processing and rush
delivery of cards and/or PIN mailer.
19. OVER UAUT FEE -A $20 fee will be applied for each monthly statement dosing date
on which the outstanding balance exceeds the assigned credit lima by more than $100.
20. DRAFT COPIES - You may incur an additional charge for transaction
summary/sale draft documentation.
21. COPY RECEIVED - You acknowledge receipt of a copy of this Agreement.
22. ILLEGAL TRANSACTIONS PROHIBITED - You agree that you will not use
your card for any transaction that is illegal under applicable federal, state, or local law.
23. NO USE - Inactive Visa accounts that have no purchase or cash activity may
be closed without notice to you after 18 months of no activity.
24. NEURAL NETWORK - PSECU uses neural network systems to predict and
prevent unauthorized transactions. There may be occasions when a transaction is
declined because it is indicative of possible fraudulent activity.
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Sheriffs Office of Cumberland County
R Thomas Kline at Cumber Edward L Schorpp
Sheri Solicitor
Ronny R Anderson" Jody S Smith
Chief Deputy OMM of THE 3HFRWF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
05/26/2009 06:00 P - Jody Smith, Sergeant, who being duly sworn according to law, states that on May 26, 2009 at
1800 ho rs, she served a true copy of the within Complaint and Notice, upon the within named defendant,
to wit: H Ily M. Crockett, by making known unto herself personally, defendant at 11 S. High Street
Mechan burg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to
her pens naliy the said true and correct copy of the same.
SHERIFF COST: $37
May 27, 2009
Holly M
is State Employees Credit Union
? Crockett
SO ANSWERS,
R THOMAS KLINE, SHERIFF
By "S 14 <
Sergeant
f N1
co ?.,
f..0
PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS
CREDIT UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 09-3085 Civil Term
VS.
HOLLY M CROCKETT
Defendant CIVIL ACTION -LAW
PRAECIPE FOR JUDGMENT
Enter Judgment in favor of Plaintiff and against Defendant, Holly M Crockett for want of
ANSWER TO COMPLAINT.
(X) Assess damages as follows:
Debt -----------------------------------------------------------------$19,898.57
Attorney's Commission ------------------------------------------- $3,260.98
Filing costs ---------------------------------------------------------- $to be determined
TOTAL -------------------------------------------------------------- $23,159.55 plus costs
( X) I certify that the foregoing assessment of damages is for specified amounts
alleged to be due in the complaint and is calculable as a sum certain from the complaint.
( X ) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I
certify that a copy of this praecipe has been mailed to each other party who has appeared in the
action or to his/her Attorney of Record.
( X ) Pursuant to Pa.R.C.P. 237. 1, I certify that written notice of the intention to file
this praecipe was mailed or delivered to the party against whom judgment is to be entered and to
his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the
date of the filing of this praecipe and a copy of the notice is attached.
JAY-
DATE: Signature:
Melissa L. Van Eck, squire
Attorney for Plaintiff
7810 Allentown Blvd., Suite B, Hbg., PA 17112
(717) 540-5406
ID#: 85869
NOW, , 2009, JUDGMENT ENTERED A ABOVE.
Prot onotary/ , i it vision
By:
Deputy
PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS
CREDIT UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 09-3085 Civil Term
VS.
HOLLY M CROCKETT
Defendant
CIVIL ACTION -LAW
TO: Holly M Crockett, Defendant
You are hereby notified that on the following
(8r4ff) (Degree) (Judgment) has been entered against you in the above captioned case for you
failure to file an answer to the complaint A Judgment in the total amount of $23,159.55 plus
costs is herebv entered.
DATE:
Prothonotary
-?
I hereby certify that the name and address of the proper person(s) to receive this notice is:
Holly M Crockett
11 S High Street
Mechanicsburg, PA 17055
A: Holly M Crockett, Defendant, Defendido/a (Defendidos/as)
Por este medio se le esta notificando que el
de
el/la siguiente (Or-de ) (Deer-ete)
del
(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Prothonotario
Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado
de residencia:
Holly M Crockett
11 S High Street
Mechanicsburg, PA 17055
PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS
CREDIT UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 09-3085 Civil Term
VS.
HOLLY M CROCKETT
Defendant CIVIL ACTION -LAW
TO: Holly M Crockett
11 S High Street
Mechanicsburg, PA 17055
DATE OF NOTICE: June 17, 2009
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A 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 LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGHBLE 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
By:
Melissa . Van Eck, Esquire
Attorney I.D. No. 85869
P.O. Box 6662
Harrisburg, PA 17112
717.540.5406
Attorney for Plaintiff
PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS
CREDIT UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 09-3085 Civil Term
VS.
HOLLY M CROCKETT
Defendant CIVIL ACTION -LAW
ENTRY OF APPEARANCE
Please enter the Appearance of Van Eck & Van Eck, P.C., as counsel for Plaintiff in the
above captioned action.
Respectfully Submitted,
VAN ECK & VAN ECK, P.C.
Date: July 1, 2009 By:
Melissa L. Van Eck, Esquire
Attorney I.D. No. 85869
Henry W. Van Eck, Esquire
Attorney I.D. No. 83087
P.O. Box 6662
Harrisburg, PA 17112
(717) 540-5406
Attorneys for Plaintiff
PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS
CREDIT UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 09-3085 Civil Term
VS.
HOLLY M CROCKETT
Defendant CIVIL ACTION -LAW
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
I, Melissa L. Van Eck, Esquire, being duly sworn according to law, depose and say that I am
the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my
knowledge, information and belief Defendant, Holly M Crockett, above named, is not a
corporation and is not an adult individual under the age of 21 years of age; is not in the military
service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and
Sailors' Civil Relief Act of Congress of 1940 and its Amendments.
VAN ECK & VAN ECK, P.C.
By:
Melissa L. Van Eck, Esquire
Attorney I.D. No. 85869
P.O. Box 6662
Harrisburg, PA 17112
717.540.5406
Attorney for Plaintiff
Sworn and subscribed to
` NOTAR111L SEAL
before me this V day JENNIFER K BMTH
Notary PUMIC
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of July 09 My Comosibn Expire Apr 16, 2013
Notary Public (?? ?v 41L
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