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HomeMy WebLinkAbout09-3724IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. CREDIT UNION, Plaintiff VS. JUSTIN L ROBERSON 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 St Carlisle, PA 17013 717-249-3166 800-990-9108 Document #: 180057.1 EN LA CORTE DE ALEGATOS COM iJN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. CREDIT UNION, Plaintiff VS. JUSTIN L ROBERSON 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 demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defenses o objeciones a las demandas puestas en contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Ustedpuede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACI6N ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 S Bedford St 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. . JUSTIN L ROBERSON Defendant Z.-, NO. O9_ 37a.y C't-j -7- 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, Justin L Roberson, is an adult individual with a last known address of 1090 Highland Drive, Mechanicsburg, PA 17055. 3. Defendant is, and at all relevant times material hereto has been, the primary loan applicant. 4. Defendant applied to Plaintiff for a loan for the purpose of purchasing a motor vehicle. 5. 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 "A". Document #: 180057.1 6. Pursuant to the Loanliner Advance Proceeds Check marked as Exhibit "A", Defendant agreed to the terms and conditions of the extension of credit as set forth in the Loanliner Credit and Security Agreement (hereinafter referred to as "Contract"). A true and correct copy of the Loanliner Credit and Security Agreement is attached hereto, incorporated herein and marked as Exhibit "B". 7. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms and conditions of the Contract marked as Exhibit "B". 8. Various charges and payments were made by Defendant on the account. 9. 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. 10. 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. 11. Plaintiff provided a letter to Defendant indicating that there was a resulting deficiency after the sale of the vehicle. 12. Plaintiff has maintained a statement of account keeping an accurate and running amount of debits and credits made on Defendant's account. 13. Plaintiff has submitted to Defendant a copy of the statement of account accurately showing all debits and credits for transactions with Defendant. 14. Defendant has not objected to any of the monthly statements of account submitted by Plaintiff to Defendant. Document #: 180057.1 15. Despite Plaintiff's 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. 16. As of June 3, 2009, the balance due, owing and unpaid on Defendant's loan account with Plaintiff is the sum of Nine Thousand Four Hundred Twenty-six Dollars and 84/100 ($9,426.84). 17. 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. 18. Due to the default of the Defendant and pursuant to the terms and conditions of the Contract attached as Exhibit "B", attorney's fees in the total amount of One Thousand Three Hundred Twenty-two Dollars and 37/100 ($1,322.37) have been added to the account. 19. Any and all conditions precedent to the bringing of this action has been performed by Plaintiff. 20. 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, Justin L Roberson, in the amount of Ten Thousand Seven Hundred Forty-nine Dollars and 21/100 ($10,749.21), plus interest, the costs of this action, and such other relief as the Court deems just and proper. Respectfully submitted, VAN ECK & VAN ECK, P.C. By: Melissa L. Van Eck, Esquire Attorney I.D. No. 85869 P.O. Box 6662 Harrisburg, PA 17112 717.540.5406 Document #: 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: ?Q ??? ADVANCE PROCEEDS VOUCHER AND SECURITY AGREEMENT Pennsylvania State Employees Credit Union R 0. Box 67013 PSE(o Harrisburg, PA 17106-7013 717.234.8484 800.237.7328 MEMBER.NAfAE .i,.,:'F'.L n. i . ?.•_A7 _ 4>`,,,;.IfrIFy?9??1:ICC_000h ff:NU?Fi':.'s?:'.:? ..i,.':.o-?...;•0='1?..:?gERcrac;,i::?%?. JUSTIN L ROBERSON ?-? _ 10/18/200 0005712570 6204 EDGEWARE ROAD MECHANICSBURG, PA 17050 PURPOSE; Dealer Purchase IRAN PEE IDN 1. ? NEW LOAN 2 ? OPEN-END LOAN ADVANCE 3 ? OTHERRIBE SC(DE < j HOME U . ) EQ ITY ADVANCE YOU HAVE PREVIWBLY ELEQTEDTO HAVE THIS ADVANCE CREDIT DISABILITY INSURED WITH THE FOLLOWING COVERAGE t SWOLECREDITUFA, ? JOINT CREDIT LIFE Y No YE NO YES El No DAILY PERIODIC RATE PIANGEINTERMSONL1' ANNUAL PER- CBNTAGE RATE INTEREST RATE IS AMOUNT REQUESTED +OTFERCHARGES AMOUNTAINANCED PREVIOUS BALANCE NEW BALANCE .0177808 6.490 % FIXED VARIABLE [j + 23,068-95 ' 0.00 - 23, 068.95 PAYMENT 342.45 DUE DATE 11/17/2006 PAYMENT FFEOUENCY Monthly PROJECTED LOAN TERM fB UITY ADVANCE, THE ONLYSECURITY FORTHIS ADVMICE ISTHE REAL PROPERTY (INMOST CASES YOUR HOAR WHICH YOU GAVE AS SECURITY WHEN YOUR ACCOUNT IFTHIS IS AIDTA HOME EQUITY ADVANCE, IN ADDITION TO THE PLEDGE OF SHARES IN YOUR LOANLINER• CREDIT AGREEMENT, THE FOLLOWING PROPERTY SECURES TM ADVANCE ITEM PROPERTY..., 1. SUZUKI RAND VITARA 2006 JS3TD944564104022 SDN 23,294.00 z. a ,.OTHER YOU PLEDGE SHARES ANDIOR DEPOSITS OF $ IN ACCOUNT NUMBER OLD ACOOUNTAAAN NUMBER (A) PAYOFF PRINM + INT.) OLD ACCOUNTAAAN NUMBER PAYOFF PRINQ + ING OLD ACCOUNTAAAN NUMBER PAYOFF (PRIM + INT. OLD AOCOUNTYLOAN NUMBER (D) PAYOFF RINC. + IN7 OLD ACCOUNTA.OAN NUMBER E) PAYOFF PRINC.+ INT.) OLD ACCOUNTROAN NUMBER (F) PAYOFF RING. + INT.) L 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 will secure the advance and any other advances you have now or receive In the future under the LOANLINER• Credit and Security Agreement (the Plan) and any other amounts you owe us for any reason now or In the future In accordance with the terms of the Plan and (2) to make payments as disclosed above in accordance with the terms of the Plan. OCII#A W"L SRWP,1904 04, 04.00.09, 90.99.4004 61, 04, 00, AU.IUGHTS RESERVED PENNSYLVANIA STATE EMPLOYEES CREDIT UNION FORM #3175 JVXXD100.) o37.2092.1 (a" , ?zlx-la 6-2d 7Z) 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 If you do not pay the taxes or fees on the property when due or keep it insured, we may Agreement which will be referred to as the Plan. All references to you, your, and 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, mean the amount in the box labeled Amount Advanced. This is a multi-state document fees or insurance will be added to the unpaid balance of the advance and you will pay 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 receive payments in connection with the insurance from a company which provides the 1. THE SECURITY FOR THE LOAN - By signing this security agreement in the insurance. We may monitor our loans for the purpose of determining whetheryou 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 we may purchase and charge you for will cover only our interest in the property. The )roperty. If the value of the property declines, you promise to give us more property insurance will not be liability insurance and will not satisfy any state financial is security if asked to do so. responsibility or no fault laws. WHAT THE SECURITY INTEREST COVERS - The security Interest secures the dvance and any extensions, renewals or refinancings of the advance. It also secures agreemDEFAULT - You ent You will also rllbe be in default If you any you make under in default if you are breakin default unrde the Plan.. If you tare ny other advances you have now or receive in the future under the Plan and any other pledging property, but have not, signed the Plan, you will be. in default if anyone is in mounts or loans, including any credit card loan, you owe us for any reason now or default who has signed the Plan. i the future, except any loan secured by your principal residence.. ?f the property is ousehold future, goods as defined s the Federal Trade Commission Credit Practices Rule, i 0. WHAT HAPPENS IF YOU ARE IN DEFAULT - The following paragraph applles ?e property will secure only the advance and not other amounts you owe, to borrowers in Colorado, District of Columbia, Iowa, Kansas, Maine, OWNERSHIP OF THE PROPERTY - You promise that you own the property or are in default and alfterexpiration of anyoright you have under applicable sta a law to this advanbe is to buy the property, you promise you will use the advance for that cure your default, we can require immediate payment of your outstanding balance irpose. You promise that no one else has any interest in or claim against the under the Plant without giving you advance notice. 'operty that you have not already told us about You promise not to sell or lease the The following paragraph applies to harrowers in all other states; When operty or to use if as security for a loan with another creditor until the advance Is you are in paid. 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 operty 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 PROTECTING THE SECURITY INTEREST - If your sate issues a title for the payment, notice of intent to accelerate and notice of acceleration. openly, you promise to have our security interest shown on the tide. We may have The following paragraphs apply to all borrowers; 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 properly without .ims 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 o 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 the property. You promise to pay all costs, including but not limited to any attorney any other properly not covered by this agreement that you leave inside the property or to !s, we incur In protecting our security interest and rights in the property, to the it that is attached to the property. We will try to return that property to you or make ent permitted by applicable law. it available to you to claim. USE 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 Use the property carefully and keep it in good repair. (2) Obtain our written amounts you owe us. We will give you notice of any public sale or the date after which 'mission before making major changes to the property or changing the address a private sale will be held. Our expenses for taking possession of and selling the ere the property is kept. (3) Inform us in writing before changing your address. (4) Property will be deducted from the money received from the sale. Those costs may rw us to inspect the properly. (5) Promptly notify us if the property is damaged, include the cost of storing the property, preparing it for sale and attorney's fees to the len or abused. (6) Not use the property for any unlawful purpose. extent permitted under sate law or awarded under the Bankruptcy Code. The rest of CONSUMERS' CLAIMS AND DEFENSES NOTICE -The following the sale money will be applied to what you owe under the Plan. dies only when the C box LAIMS on reverse side is checked. g paragraph If you have agreed to pay the advance, you will also have to pay any amount that remains unpaid after the sale money has been applied to the unpaid balance of the TICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS advance and to what you owe under this agreement. You agree to pay interest on that BJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD amount at the same rate as the advance until that amount has been paid. 3ERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED 11. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE AGREEMENT - We can fH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE delay enforcing any of our rights under this agreement any number of times without 3TOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR losing the ability to exercise our rights later. We can enforce this agreement against 3EUNDER. your heirs or legal representatives. If we change the terms of the Plan, you agree that 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 rance 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. roperty insurance from anyone you choose who is acceptable to the Credit Union. 13. NOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VEHICLE - amount and coverage of the property insurance must be acceptable to us. You THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT TO provide the property insurance through a policy you already have, or through a REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE, AND ALL y 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 :o deliver the policy or proof of coverage to us if asked to do so. MAY HAVE TO PAY THE DIFFERENCE. u cancel your insurance and get a refund, we have a right to the refund. It the 14. NOTICE FOR ARIZONA OWNERS OF PROPERTY- It is unlavdul for you to fail to :rty is lost or damaged, we can use the insurance settlement to repair the return a motor vehicle that is subject to a security interest, within thirty days after you :rty 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 c 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 coder 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. THE PROPERTY DESCRIPTION ON THE REVERSE 41OF IS PERT nr: T:arc r.r:r,=erPr«r Mn-1FIr.. nrnc, AUTOORAFT PAY;TO.TFIE ORDER OF IDEA Pedi syfvenia State Employees^:Credit Union,''' ' POBo.4701a. H&I"".PAM06.7403 . plnn4404"fe"227.732e 'ND:'5712570'`''. VOID OVER s 34,100.00 REFERENCE. 6006901592 VOID 120 DAYS AFTER., c10110/2006 Au rites ?.?ti?Su.zuic••?,' •. .:.?,?`;;0?,?..g e ? ? , ._ •-i? .':. s E ! -DOLLARS ` _? •'S .: DAPORTAM: VOID DEALER ENDOIISEMENT COMPLETED., ' nowi 4rNr /tat •I se6 llawird Uwe V.A.M.1 .re Iwrery pvpce 1N.w V..dw mwt b. -.6w 4 ;ar•-M AYadMI i. ndwM Yy P4ECY w Nr Awa0rY1 we M t. rwviW.`Ne Mien N ILi N¢ue.el tlii AUebafl OWI1. Ne ie rN 4:rreir.rl4 ? N i.%pW it•ll'l. B.rrw td. rw Aeiepol .h.4 ur r n.A a petluu •' , ipm.urw. mm:.ra?w.?k, Awn, w.w.e..r 4.r eew wea:. «..u:a: . Yew ereirM•M17afIN sal.:;,By.ra..lee w Wwv.e. N tNS erin.•yw sq. dr twm. hirNMtlr i.rw?ve. F4ECU FAlte 717.7472747 ?s - • • . /D?lOZ Z na 03034E - n.e e we• Py?w non - .. / J MEMBER DORB EM_ By end.W.9 thi. Ael.OraN. VW. agree to the lean. lived on the -.- aide - . •I the daft. Compt.te the 101win4 nP•Ym•nt Infemrtbn. ','.. ?iwnlhlmNp .,? R I .M.Wr.rmi n?h: rAelw Jerv4 to .&oerv u:rl,ee ? A- Tre,d ? N.nue:raw4 ? rNr+ NY e ? l)w I P rm. Fr NUm.y MwNy ? 4.-W .W ? W...ly 0 "" Member Endoreerrlent . 1U571N L ROBERSO(Y ' Co•Applieant Erd4rsitm4nt`• ? - ,'? .L.. 1`. NO COsAPPLICANT ._._-!'5-71-2.5708' 1:2313a&1&61: -:. 3103.70169011_:.44 .;00.0 2 30 68 9 501 _y . V y, I a UTON WX h03J39M( A es 181 in .: . J161 3- h- r rib16 -J U 11 ' tail [fill 5@ $r g3gq? s33?iY#.?i,7?L:.?s ?q agB•3ggS4iF21 0 hilt ?1g ! IL'L tiff 'Xin 00 ? ?3a $><$??@a37??11 a'sriE;3s ?_ S B m No ma 1,6 s 13 gY? 8° $4-gKes zo@ IL 03 ?' 9 Exhibit "B" PSECO Pennsylvania State Employees Credit Union P.O. Box 67013 0 Harrisburg, PA 17106.7013 O (717) 234.8484 Harrisburg. (800) 237.7328 Nationwide Loan Disclosures This LOANLINER' Credit and Security Agreement, which includes the Truth Lending Disclosures, will be referred to as the Plan. The Plan documents include t agreement and an Addendum. You, your and borrower mean any person who si the Plan. Credit union, we, our and us mean PSECU or anyone to whom the Cre Union transfers its rights under [tie Plan. HOW THIS PLAN WORKS - This is an open-end, multi-featured credit plan. anticipate that, from time to time, you will borrow money (called "advances") un the Plan. We are not required to make advances to you under the Plan and c refuse a request for an advance at any time. The Addendum describes t different types of credit (called "subaccounts") available under the Plan, the curr Interest rate for each subaccount expressed as a daily periodic rate an corresponding annual percentage rate and other charges. It may also have oth terms and a schedule for determining the payment amounts. CREDIT LIMIT - We may, but do not have to, establish a credit limit on certa subaccounts. If a credit limit is set for a subaccount, you promise not to exceed t established credit limit. If you exceed the credit limit, you promise to rep Immediately the amount which exceeds the credit limit. REPAYMENT - You promise to repay all amounts you owe under the Plan plu interest. Payments are due on the last day of the month unless we, set a different da at the time of an advance. If the Addendum has no payment schedule for 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 hav exceeded any credit limit you have been given for a subaccount. You may repay a or part of what you owe at any time without any prepayment penalty. Even if yo prepay, you will still be required to make the regularly scheduled payments unles we agree in writing to a change In the payment schedule. If you have a join sharedraft account, you will be responsible for paying all overdraft advance obtained by a joint holder of the sharedraft account. Unless otherwise required b law, payments will be applied to amounts owed under the Plan, in the manner tit Credit Union chooses. PLAN ACCESS -You can obtain credit advances in any manner authorized by us. I if we allow you to use your ATM/Debit card to access the Plan, you may be liable for th the unauthorized use of your ATM/Debit card. You will not be liable for unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft, or possible unauthorized use. If you believe your ATM/Debit card has been lost or stolen. Immediately Inform the Credit Union by calling or writing us at the telephone number or address that appears elsewhere in the Plan. If the card is used to obtain unauthorized advances directly from the Plan, your liability will not exceed $50. 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 if you have not yet made a payment) is multiplied by the applicable daily periodic rate. The sum of these amounts Is the finance charge owed. The balance used to compute the finance charge is the unpaid balance each day after payments and credits to that balance have been 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 shares in that account to the extent of the outstanding balance for the advance. Otherwise, your pledged shares may be withdrawn unless you are in default. The following paragraph applies in all states except in Ohio, Rhode Island and Massachusetts: We have a statutory lien on the shares and dividends and, if any, the deposits and interest in 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. SJCUHA LIUNAL G00tr 1990.2070. ALL RIGHTS 11 ESERVfU I?'4!P in CREDIT INSURANCE - Credit life and/or credit disability insurance is optional his under the Plan. If you qualify for and purchase the insurance from us, you authorize gas us to add the insurance premiums monthly to your loan balance and charge you dit 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. We The credit insurance rates may change during the Plan. If the rates change, we will der provide any notices required by applicable law. an PERIODIC STATEMENT- On a regular basis you will receive a statement showing he all transactions under the Plan during the period covered by the statement. eat Statements and notices will be sent to you at the most recent address you have d given us in writing. Unless applicable law requires notice to each joint borrower, or 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 in responsible for paying all amounts owed. That means we can enforce our rights ho under the Plan against any one of you individually or against all of you together, if you aY 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 s other(s) to obtain advances individually and agrees to repay advances made to the y other(s). Any joint accountholder may terminate the Plan by giving us prior written a 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. e FEES AND CHARGES - If you give us a security interest in certain types of it property, we may charge you a filing fee to perfect our Interest in the ro er If we u do, the amount of the fee will be disclosed to you at the time you obtain an ad ance. ' a We may also charge you other fees in connection with the Plan. Our current fees are t disclosed on the Addendum and will be added to your loan balance unless you pay s them In cash. o 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 Idaho, Kansas, Maine and South Carolina: You will be in default if you do not make a payment of the amount required when it is due. You will also be in default if we believe the prospect of payment, performance, or realization on any property given as security is significantly impaired. The following paragraph applies only to borrowers in 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 right in any property you gave as security. The following paragraph applies only to borrowers in Iowa: You will be in default if you are more than 10 days late in making a payment. You will also be in default if you do not comply with the terms of the Plan and your failure to comply materially Impairs any property you gave as security or your ability to repay what you owe under the Plan. The following paragraph applies to borrowers in all other states: You 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 dio, file for bankruptcy, become insolvent, if you make any false or misleading statements in any credit application or update of credit information, or if something happens we believe may substantially reduce your ability to repay what you owe. You will be in default if any property you have given us as security is repossessed by someone else, seized under a forfeiture or similar law, or if anything else happens that significantly affects the value of the property or our security interest in it. You will also be in default under tile 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 tile 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, CPStAtot PSECU FORM X3146 J©XX0601.2037-2092-1 (e.'06) LOANLiNER' Credit and Security Credit Agreement (continued) I at the default rate disclosed on the Addendum. If a demand for immediate paymer has bee.h made, your shares and/or deposits can be applied towards what you ow as provided in the section above called "Security." We can also exercise any othc rights given by law when you are in delault. You agree the Credit Union has the right to take possession of any property gives as security under the Plan, without judicial process, if this can be done withou breach of the peace. It we ask, you promise to deliver the property at a time ant place we choose. If the property is a motor vehicle or boat, you agree that we mat obtain a key or other device necessary to unlock and operate it, when you are it default. We will not be responsible for any other property, not covered by thi., Agroement, that you leave inside the property or that is attached to the property. WC 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 shot 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 following 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 file 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 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 Section 422.413 of Vie 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, it applicable, at the dolault rate disclosed on the Addendum, until that amount is paid. If the property is located outside Wisconsin at the time of default, we may take possession of the property without judicial process, if 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. 11 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 Addendum. Ii a demand for immediate payment has been made, file 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 from time to time after giving you any advance notice required by law. Any change to the Interest rate or other charges will apply to future advances. The following paragraph applies only to borrowers in 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 arms of the Plan from time to time after giving you any advance notice required by aw. A change that increases the rate of finance charge or other charge, that ncreases 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 he Plan after receiving notice that your use of the Plan means you agree the :hange applies to existing balances. rho following paragraph applies to borrowers in all other states: We have, the ight to change the terms of the Plan from time to time after giving you any advance otice required by law. Any change in the interest rate will apply to future advances, nd at our discretion and subject to any requirements of applicable law, will also pply to unpaid balances. ' h he following paragraph applies to all but Wisconsin borrowers: An increase in he daily periodic rate under a variable interest rate is not considered a change in Irms under the Plan. We can cancel the entire Plan or any part of the Plan at any f tie. You may cancel the Plan at any time by giving us prior written notice. Your t 5ligation to pay the unpaid balances under the terms of the Plan continues whether c w or the Credit Union cancel the Plan. a ELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN - We can delay a hforcing any of our rights under this Plan any number of times without losing the tt ability to exercise our rights later. We can enforce this Plan against your heirs t legal representatives. It we change the terms of the Plan, you agree that this PI; v: ill continue to protect us. r CONTINUED EFFECTIVENESS - If any part of this Plan is determined by a cou to be unenforceable, the rest will remain in effect. i NOTICE TO UTAH BORROWERS - This written agreement is a final expression the agreement between you and the Credit Union. This written agreement may nc I be contradicted by evidence of any oral agreement. The following is required by Veritiont law - NOTICE TO CO-SIGNER - YOUI SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABL FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAV THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. The following paragraphs apply if you give security in connection with ai advance under the Plan. They apply to borrowers in all states except Louisiana Louisiana borrowers will execute a separate security agreement. Borrowers IF 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 securitl interest in all property described in any receipt, voucher or other document yot receive for an advance ("the Advance"). The security Interest you give includes at 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 COVERS/CROSS COLLATERAL PROVISIONS -The security interest secures the Advance described in the receipt, voucher or any other document you receive at the time of the Advance and any extensions, renewals or refinancings of the Advance. It also secures any other advances you have now or receive in the future under the Plan and any other amounts or loans, including any credit card loan, you owe us for any reason now or in the future, except any loan secured by your principal residence. If the property is household goods as defined by the Federal Trade Commission Credit Practices Rule, the property 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 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 Insurance and get a refund, we have a right to the refund. If the property is lost or damaged, we can use the insurance settlement to repair the property or apply It towards what you owe. You authorize us to endorse any draft or check which may be payable to you in order for us to collect any refund or benefits due under your 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 for taxes, foes 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 llhe 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 ntith 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. NSURANCE NOTICE - If you do not purchase the required property insurance, he insurance we may purchase and charge you for will cover only our interest in the woperty, The premium for this insurance may be higher because the insurance ;ompany may have given us the right to purchase insurance after uninsured ollateral is lost or damaged. The Insurance will not be liability insurance and till not satisfy any state financial responsibility or no fault laws. IROTECTING THE SECURITY INTEREST - If your state issues a title for the roperty, you promise to have our security interest shown on the title. We may have t file what is called a financing statement to protect our security interest from the aims of others. If asked to do so, you promise to sign a financing statement. You so promise to do whatever else we think is necessary to protect our security terest in the property. You promise to pay all costs, including but not limited to any torney fees, we incur in protecting our security interest and rights in the property, the extent permitted by applicable law. LOANLINER' Credit and Security Credit Agreanent (continued) USE OF PROPERTY - Until the Advance has boon paid off,you promise you will: (1) Use the property carefully and keep it in good repair. (2) Obtain our written permission before making major changes to the property or changing the address where the property is kept. (3) Inform us in uniting before changing your address. (4) Allow us to inspect the property. (5) Promptly notify us if the property is damaged, stolen or abused. (6) Not use the property 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 if your address changes. The maximum 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 QUESTIONS 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 dale 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. If 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 RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE - We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the statement was correct. 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- If we issue you a card, you agree to repay all debts and the Finance Charge arising from the use of the card and the card account. For example, you are responsible for charges made by yourself, your spouse and minor children. You are also responsible for charges made by anyone else to whom you give the card, and this responsibility continues until the card is recovered. You cannot disclaim responsibility by notifying us, but we will close the account for new transactions if you 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 our property and you must recover and surrender to us all cards upon our request and upon termination of this Agreement. 2. LOST CARD NOTIFICATION - If you believe the card has been lost or stolen, you will immediately call the Credit Union at (717) 234-8484 or (800) 237.7328. After 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 - If we approve your application, we will establish a self- replenishing Line of Credit for you and notify you of its amount when we issue the card. You agree not to let the account balance exceed this approved Credit Line. Each payment you make on the account will restore your Credit Line by the amount of the payment which is applied to the principal. You may request an increase in your Credit penalty for unlawful failure to return a motor vehicle is one year in prison and/or a fine of S150,000. For those members who purchase a vehicle under the DRIVe Program, please review the following FTC Notice: NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT' IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to send statements to you for Hie 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 fall to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your statement. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your statement was correct. SPECIAL RULE FOR CREDIT CARD PURCHASES - If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (a) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (b) The purchase price must have been more than $50. These limitations do not apply 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 our adverse reevaluation of your creditworthiness, You may also terminate this Agreement at any time, but termination by either of us does not affect your obligation to pay the account balance. 5. CREDIT INFORMATION -You authorize us to Investigate your credit standing when opening, renewing or reviewing your account, and you authorize us to disclose information regarding your account to credit bureaus and other creditors who Inquire of us about your credit standing. 6. MONTHLY PAYMENT - We will mail you a statement every month showing your Previous Balances of purchases and cash advances, the current transactions on your 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 date, and any other billed fees, 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 will reduce the finance charge by doing so. If your monthly payment exceeds the total credit line balance owed, we will automatically post Ilia credit to your S 1 shares. The minimum payment will be (a) 2% of your Total New Balance, rounded up to the next even dollar, or (b) 520.00, 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 Agreemenf and Truth In Lending Disclosure (continued) 7. FINANCE CHARGES - You can avoid the Finance Charge on purchases b paying the full amount of the New Balance of Purchases each month within 25 day of your statement closing date. Othenviso, the New Balance of Purchases, and th, subsequent purchases from ilia date they are posted to your account, will be subjec to Finance Charge. Cash advances are always subject to Finance Charge from thr date they are posted to your account. Purchases: We calculate your finance charge by multiplying the average adjuster daily balance (see explanation below), including new purchases, for the billing cycl( 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 cast- advances during the billing cycle by the monthly periodic advance rate anc 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 ilia 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 not subject to the monthly periodic rate for purchases. The Average Dally Balance is calculated separately for Cash Advances and is subject to the Cash Advance Monthly Periodic Rate. The Average Daily Balance for Cash Transactions is calculated by adding ilia 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 Bakrnnce for cash 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 Purchase 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 Cash 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 particular type of debt which is being credited, if any, and then to the balance of your account. Note also that if the total of the payments and credits which are posted to your account by the Payment Due Date shown on a statement Is equal to or exceeds the New Balance shown on that statement, we will not apply the Monthly Periodic Rate to your Account on your next statement. 8. 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 if your ability to repay us is materially reduced by a change in your employment, an increase in your obligations, bankruptcy or insolvency proceedings involving you, your death or your failure to abide by this Agreement, or 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. B. 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 )articipa(ing Visa plan merchant, or another financial institution, and sign the sales )r cash advance draft which will be imprinted with your card. The other is to complete he transaction by using your Personal Identification Number (PIN) in conjunction vith the card in an Automated Teller Machine or other type of electronic terminal that rrovides access to the Visa system. You agree that you will not use your card for any ransaction that is illegal under applicable federal, state, or local law. The monthly ,tatement will identify the merchant, electronic terminal or financial institution at vhich 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 it, time of the transaction in order to verity the monthly statement. The Credit Union me make a reasonable charge for photocopies of slips you may request. 10. OVERDRAFT OPTION - If you elect to overdraft to your PSECU Visa Cred r Card, that election is subject to the existing credit limit and the agreement it represent l and the current loan policy at the time of the overdraft. You also understand that a overdraft will be considered the same as a cash advance on your PSECU Visa Cred Card and that the current Annual Percentage Rate for cash advances will apply. 11. RETURNS AND ADJUSTMENTS - Merchants and others who honor the car, may give credit for returns and adjustments, and they will do so by sending us credit slip which we will post to your Visa line of credit. If your credit and payment exceed what you owe us, we will automatically post ilia excess credit balance ti your S1 Shares within 75 days. If the balance is one dollar or more, upon you written request, we will refund the credit balance to you. 12, FOREIGN TRANSACTIONS - The exchange rate between the transactior currency and the billing currency used for processing international transactions is a rat( selected by Visa from the range of rates available in wholesale currency markets for th( applicable central processing date, which rate may vary from the rate Visa itsel receives, or a government-mandated rate in effect for the applicable central processinc date. In each instance, an adjustment may be assessed based on the ISA fee imposec by Visa. This fee, which totals 1% of the transaction amount, will be assessed on at 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 stale within 100 miles of your home, contact PSECU. 14. DISPUTED TRANSACTIONS - You are required to notify PSECU in writing within 60 days following Ilia 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 preserve 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 agreements, except for your home. 16. EFFECT OF AGREEMENT - 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 written notice required by Iaw.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 - If 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 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 riot use your card for any transaction that is illegal under applicable fedoral, state, or local law. 23. NO USE - Inactive Visa accounts that have no purchase or cash activity may )a closed without notice to you after 18 months of no activity. ?4. 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O X L an d ai O O O x ,, 3 O c r O a00 C C O p °C p y'_ u 5 ?oL d c.vy.- 0 OOOlni ,O NOVr\r\v PV•QMo0o0 1oN--MMo Nr.O1MOv _O. m d-O w c O c0 u T3 0 n u OOOPNP rl, (1, 0 Co 0 Lo 1CN C0QVV vvr`co-u) co-al -r?'-- fe O V c O S 7 >a L E O E'H c Ow O r-' 0Q0 M'O rl MOO un vN OP r,,OLO-7 MN?-OOP w wr"r.b 10 3 j'p a_ 7 0 of 3 d_ a c 'c 000 NNU'I u')fAV VQV vM MMMM -n -n NNNNNN cc ouE,^E ?„dc E uE0 ? 0 000000 000000 000000 0o00o0 o00o00 O a n VL:E 0 p m w m O C V m `Y Y l -NM^u)-O -, OPO-N My u)1O t\9 POD-NM7 NCO r'aOPO U u) 6i F- 3 ?'as;?L 3 ti ? a Y- O ? ? . -- -- -NNNNN NNNNNN Q OF THE- WINMOTARY 1809 JUN -5 Phi 1: 08 C(DUNTY PUtINSYLVANA $'18.50 po ATrl (mow 93?5 P-rt u(, Bog Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy ?0??,tr of +CurMbrt,#??? ; Jody S Smith Civil Process Sergeant OFFICE OF TAE s*eERIFF Edward L Schorpp Solicitor Pennsylvania State Employees Credit Union vs. Justin L. Roberson Case Number 2009-3724 SHERIFF'S RETURN OF SERVICE 06/12/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Justin L. Roberson, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint and Notice according to law. 06/23/2009 02:09 PM - York County Return: And now June 23, 2009 at 1409 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint upon the within named defendant, to wit: Justin L. Roberson by making known unto himself personally, defendant at 1090 Highland Drive Mechanicsburg, PA 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 July 08, 2009 r. -r, (. ; c_ ? D c l tiJ. 7) T i r 31 r YORKTOWNE BUSINESS FORMS, INC. Ph. (717) 845-5955 Fax (717) 848-8936 email: ybf@blazenst.net COUNTY OF YORK OFFICE OF THE SHERIFF S(R;;; 7196011 45 N. GEORGE ST., YORK, PA 17401 .J SHERIFF SERVICE 0STRI MMIS PROCESS RECEIPT and AFFIDAVIT OF RETURN REASE TYM OWY LO& 1 TWU 12 D MGM DTACH ANY Chi 1 PLAINTIFF/S/ PENNSYLVANIA STATE EMPLOYEES CREDIT UNION 2 COURT NUMBS 0 - 7 3. DEFENDANT/S/JUSTIN L. ROBERSON 4. r rrt OF vvRi i OR wMl-IIm of LC E, C !CA 70MPLAINT AND NOTICE SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTAL;Htu, UH JULU JUSTIN L. ROBERSON 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORO. TVWP. STATE AND ZIP CODE) AT 1090 HIGHLAND DRIVE MECI-iANICSBURG, PA 17055 7 INDICATE SERVICE' O PERSONAL U PERSON IN CHARGE aL DEPUTIZE U CERT. MAIL U 1 ST CLASS MAIL U POSTED -t OTHER NOW JUNE 12 2009 1, SHERIFF NTY d reby deputize the sheriff of YORK COUNTY to execute thi the rding to law. This deputization being made at the request and risk of the plaintiff. ( 1 SHERIFF 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE ADV FEE PAID BY ATTY. OUT OF 00 CUMBERLAND CO NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss. destruction. or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED MELISSA L. VAN ECK P.O. BOX 6662 HARRISBURG, PA 17112 1717-54()-5406 6/05/2009 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This area must be completed d notice is to be mailed) CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND CO SHERIFF 1 ODURTHOUSE SOUARE. ROOM 303 CARLISLE, PA 17013 UFPAUL MLUW PVK 11511: tW IHL `Jl1t`MWr W MOI 1ltWIC OWA.WVW I lLmq C 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. 16. HOW SERVED: PERSONAL ( RESIDENCE( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) S EMARKS OV 17. Q I hereby cer* and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below) 18. TITLE OF INDI U SERVED / LIST ADDRESS HE IF NOT SHOWN ABrZAe_(1.rj elationship to Defendant) 19. Datle f Service ime of r 61 _090 1;2 A? 1. ATT Ja . Date Time Mde Int Dale Time Miles Int Date Time Miles Int. Date Time Miles Int. Date Ti Miles Int. 22. REMARKS: 23. Advance Costs 24 Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31 Surohg. 32. Tot. Costs 33 Costs elund Check No 16 1 UL?Loo 100 (9,66 1!5,601 ln(06 Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary C& 38. mdeaWPoslage/Not Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed to befor 2nd SO ANS S pp?? 44. Signature of 42, day i?dlL iq In= Dep. Sheaf NOTARY 46. Signature of York 47 DATE "oo Notarial I County sheriff Kristel Stambaugh, NotaryPubGc RICHARD P. E -2-09 City Of York, York Coun ?:0?r miss10r1 ?fE3 Ma 15, 2011 48. Signature of Foreign 49 DATE M y County Sheriff 50. 1 ACKNOWLEDGE AIM 6 NtltltSeB -TURN SIGNATURE 51 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office