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HomeMy WebLinkAbout09-5036 BELOO COMMUNITY CREDIT UNION Plaintiff JONATHAN C. FORD Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : M - 503(c 0A-V i l lerm- CIVIL ACTION - LAW N 0 T I C E YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A 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. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 N 0 T I C I A Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 BELCO COMMUNITY CREDIT UNION Plaintiff JONATHAN C. FORD Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : O q- -60 36 CIVIL ACTION - LAW COMPLAINT 1. Plaintiff is Belco Community Credit Union, hereinafter referred to as "BELCO", a Pennsylvania Corporation with an office at 449 Eisenhower Blvd., Harrisburg, Dauphin County, Pennsylvania 17111. 2. Jonathan C. Ford, a Defendant, is an adult individual with an address at 20 Round Hill Drive, Apt. 2, Camp Hill, PA 17011. 3. Defendant applied for a Consolidation Loan from Plaintiff pursuant to the Application dated September 5, 2006 which is attached hereto, marked Exhibit "A" and made part hereof. The Social social security number has been redacted to protect the privacy of the Defendant. 4. Defendant's delinquent balance on this account is $8944.31 as of July 19, 2009. 5. Because of Defendant's failure to make monthly payments and in accordance with the Open End Credit Plan, a copy which is attached hereto, marked Exhibit "B" and made part hereof, Defendant owes an attorney commission of $1341.65 for a total of $10,285.96. 6. Defendant has failed and refused to bring his account current. 7. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. WHEREFORE, Plaintiff requests entry of judgment against Defendant in the amount of $10,285.96, plus interest together with costs of suit thereon. Respectfully, Submitted, Date: VIA-, Arthur M. Feld, Esquire Attorney I.D. No. 07172 1309 Bridge Street New Cumberland, PA 17070 (717)770-0292 Belco Community Credit Union 403 N. 2nd Street Harrisburg Area: (717) 232-3526 P.O. Box 82 Lancaster Area: (717) 393-1116 Harrisburg, PA 17108 Toll Free: (800) 642-4482 Loan Application and EJ Agreement to Terms Married Applicants may apply for a separate account. Check the appropriate box to indicate Individual Credit or Joint Credit. ® Individual Credit: Complete Applicant sections if only the applicants income is considered for loan approval. Complete Applicant and Co-Applicant sections: (1) if you are relying on income from alimony, child support, or separate maintenance or on the income or assets of another person as the basis for repayment of credit requested, or; (2) if you reside in a Community Property State, or; (3) if you are relying on property located in a Community Property State as a basis for repayment of the credit requested. Community Property States include: AK, AZ, CA, ID, LA, NM, NV, TX, WA, WI. [] Joint Credit: Complete Applicant and Co-Applicant sections if your co-applicant will be contractually liable for repayment of the loan and initial below: We intend to apply for joint credit. (Applicant Initials) (Co-Applicant Initials) PLEASE CHECK BELOW TO INDICATE THE TYPE OF ACCOUNT(S) AND TYPE OF CREDIT FOR WHICH YOU ARE APPLYING. ® Account/Loan: ® Individual n Joint Credit Card Account: El Individual El Joint (Including ATM/Debit Card Access to the Account if Available) (There are costs associated with the use of this card. You may contact the Credit Amount Requested $ 14.140.28 Union about costs at the above stated address or telephone number.) Purpose/Collateral CONSOLIDATION-. Credit Limit Requested $ [:1 Other Loan Request - ??- If Authorized User, Name: Repayment: E] Payroll Deduction ? Billing Notice E] Automatic Payment E] Web Pay E] Other APPLICANT ? CO-APPLICANT ? NON-APPLICANT SPOUSE/OTHER NAME (Last -First - Initial) ACCOUNT NUMBER NAME (Last - First - Initial) ACCOUNT NUMBER JONATHAN C FORD 458940 SOCIA1 SECURITY NUMBER MOTHER'S MAIDEN NAME SOCIAL SECURITY NUMBER MOTHER'S MAIDEN NAME E-MAIL ADDRESS - FAX NUMBER E-MAIL ADDRESS FAX NUMBER CELL PHONE 645- 669 _ BIRTH DATE HOME PHONE BUSINESS PHONE/EXT. BIRTH DATE HOME PHONE BUSINESS PHONE/EXT. 0 0711979 717,790.0450- 717.774.2365 PRESENT ADDRESS (Street - City - State - Zip) [-]OVVN C]RENT PRESENT ADDRESS (Street - City - State - Zip) ?OWN []RENT C 3 WARWICK I 5 YEARS/MONTHS - YEARS(MONTHS MECHANICSBURG, PA 17055 AT THIS ADDRESS 5 0 AT THIS ADDRESS 0 0 PREVIOUS ADDRESS (Street - City - State - Zip) PREVIOUS ADDRESS (Street - City - State - Zip) PURCHASE PRICE OF HOME: PRESENT HOME VALUE: PURCHASE PRICE OF HOME: PRESENT HOME VALUE $ $ $ $ MORTGAGE BALANCE MONTHLY PAYMENT (MORTGAGEMENT) MORTGAGE BALANCE MONTHLY PAYMENT (MORTGAGE/RENT) $ $ $ $0.00 PLEASE COMPLETE PLEASE COMPLETE MARRIED [] SEPARATED E] UNMARRIED (Single - Divorced - Widowed) [] MARRIED [] SEPARATED [] UNMARRIED (Single - Divorced - Widowed) EMPLOYMENT NAME AND ADDRESS OF EMPLOYER NAME AND ADDRESS OF EMPLOYER SCOTTS GRILL HARRISBURG,PA HIRE DATE POSITION HIRE DATE POSITION PRIOR EMPLOYER I PRIOR EMPLOYER INCOME OTHER Alimony, child support, or separate maintenance income need no ME N071CE: Alimony, c i d suppo or separate maintenance income n no be revealed if you do not choose to have it considered. 7rev-ealed do not choose to have A considered. EMPLOYMENT INCOME (GROSS) OTHER INCOME (GROSS) EMPLOYMENT INCOME (GROSS) OTHER INCOME (GROSS) $ 40, 000.00 PER Annual $ 866.67 PER Annual PER $ PER AND ADDRESS OF NEAREST RELATIVE NOT LIVING WITH YOU REFERENCES NAME AND ADDRESS OF NEAREST RELATIVE NOT LIVING WITH YOU I HOME NUMBER RELATIONSHIP I I RELATIONSHIP WHAT YOU OWE CREDITOR NAME INTEREST PRESENT MONTHLY MARKET PAST (Attach additional sheet(s) if necessary) RATE BALANCE PAYMENT VALUE DUE Rent M First Mortgage - (incl. Tax & Ins.) $ $ S AC CREDIT REPORT 2nd MORTGAGE $ $ AUTO LOAN - --------- ---- ----...--- -- --- - $ $ .-- CREDITCARD $ $ CREDIT CARD - - --- -- $ $ CREDIT CARD - -- $ -- $ OTHER ----._.._-..-..... $ $ OTHER _ _._--. ?-.--_.--- $ $ - --- OTHER $ $ LIST ANY NAMES UNDER WHICH YOUR CREDIT REFERENCES AND CREDIT HISTORY CAN BE CHECKED: TOTALS TO PROTECT YOUR LOAN THROUGH VOLUNTARY GROUP CREDIT INSURANCE, REVIEW AND COMPLETE THE APPLICATION ON PAGE 3. 046000 LASER-IA F. 1-11582 page 1 of 3 COPYRIGHT 2004 Minnesota Mutual Companies, Inc. All rights reserved. LOAN APPLICATION SIGNATURES BY SIGNING BELOW,1 AGREE AS FOLLOWS: All the information in this application is true. I understand that section 1014 Title 18 U.S. Code makes it a federal crime to knowingly make a false statement on this application. You have my permission to check it. You may retain this application even if not approved. I understand that you may receive information from others about my credit and you may answer questions and requests from others seeking credit or experience information about me or my accounts with you. IF MY LOAN APPLICATION IS APPROVED: Terms and Conditions: I acknowledge that I have read, understand and accept the terms and conditions of the Open-end Credit Plan, Disclosures, Credit Agreement, and Security Agreement. I also understand that I may receive our Advance Receipt, that the Advance Receipt is a part of my credit contract, and I should be bound by the terms of the Advance Receipt. I acknowledge that I have received copies of these documents. If I have elected to apply for voluntary credit insurance, 1 acknowledge that I have read and understand the terms of the insurance Application and Certificate of Group Insurance; I certify that all information given in connection with the Application is true and complete; and I acknowledge receipt of a copy of the Application and Certificate. I also understand that by signing or endorsing any advance proceeds checks or vouchers, or by otherwise accepting, using or accessing advance proceeds now or in the future, 1 also agree to the terms of the above documents. I further understand and acknowledge that no additional signatures shall be required for you to enforce the terms of the above agreements, but I may be asked, and shall be required to, provide additional signatures if you deem it necessary. 1 also agree to provide Credit Union with any and all information necessary for you to perfect your security interest in any collateral pledged in connection with my advances, either now or in the future. Cross-collateralization: I understand and acknowledge that any and all collateral given in connection with any advances shall secure all amounts I owe the credit union now and in the future. However, non-purchase-money household goods shall not secure any loan or advance, and my principle dwelling will not secure any advance under this Open-end Plan. On-going credit checks: I understand that you may periodically update my credit information in order to evaluate my on-going credit worthiness, without any additional signatures, for as long as my plan is open and/or an outstanding balance exists. You may use and communicate any information gathered for any lawful purpose in any manner allowed by law. Credit Insurance: Voluntary Credit Insurance is available to protect your loan. If you are interested in applying for coverage please complete the Insurance Application on page 3. PLEDGE OF SHARES: I grant and pledge to you a consensual lien on all sums on deposit to secure my obligations to the credit union pursuant to applicable state law. "All sums on deposit" and "shares" for purposes of this pledge means all deposits in any share savings, share draft, club, certificate, P.O.D., revocable trust or custodial accounts(s), whether jointly or individually held, that you have on deposit now or in the future, all of which are deemed "general deposits" for the purpose of this pledge. My pledge does not include any IRA, Keogh, tax escrow, irrevocable trust or fiduciary account in which I do not have vested ownership interest. In addition, I acknowledge and agree to impressment of the Credit Union's statutory lien rights under the Federal Credit Union Act as of the date I opened my credit plan, which gives you the right to apply the sums in my account(s), to satisfy any obligations I owe to the credit union, regardless of contributions at the time of default, and without further notice to me or any owner of the account(s). SECURITY INTEREST AND LIEN ON ACCOUNT(S). (1) By signing the Master Application, or by accessing, using, or otherwise accepting any funds, accounts or services, i grant the Credit Union a security interest in all goods, property, or other items purchased under this Plan either now or in the future, or in any other collateral given now or at the time of any future advance, or given at any other time in connection with the Open-end Plan, in accordance with my Security Agreement. I also agree to abide by the terms of the Security Agreement and any Advance Receipt or similar document. (2) By signing the Master Application and/or Account Card, or by accessing, using, or otherwise accepting any funds, accounts or services, I grant the credit union, and you impress, a lien on any and all funds in any joint and individual share account(s), regardless of the source of the funds in the account(s) or any owner's contributions, to secure any account owner's joint or individual obligations to us, now or in the future, whether direct, indirect, contingent or secondary. This lien secures all debts you owe us pursuant to any loan or credit agreements; under this Open-end Credit Plan; arising from any insufficient funds item; fees; costs, expenses; or otherwise. I understand and agree that the Credit Union has multiple rights which include a "consensual lien" a "statutory lien" pursuant to 12 USC 1757 and 12 CFR 701.39, applicable state law and your "common law" right to set off, which authorize us to apply the funds in any joint or individual account to any obligations owed to you if I default or fail to pay or satisfy any obligation to you without any legal process, court proceeding or any notice to any owner of the account(s) affected hereunder or otherwise under this Agreement. I specifically agree that you have a right to place an administrative freeze on any of my joint or individual account(s) and that such action shall not violate 11 USC 362 or other applicable law. I agree that my account(s) are not assignable or transferable except to the Credit Union unless specifically authorized in writing by you. Obligations secured by my primary residence, household goods and any funds in an IRA or Keogh account are not included in your lien or this security interest, unless subject to specific pledge or security agreement. The Credit Union will not have any responsibility or liability to me or others relating to the dishonor or other return of any check, draft, ACH transaction or other order occurring as a result of you exercising you lien rights or freezing any accounts in order to protect or preserve such rights. If I purchase voluntary credit insurance or other products in connection with this loan, I understand that a portion of the premium or fee I pay will be retained by the credit union (or paid back to the credit union by the service provider) as compensation for making these services available to me. IMPORTANT NOTICE ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying information. SIGNATURE OF APPLICANT DATE SIGNATURE OF CO-APPLICANT DATE X -nMZg 09/05/2006 X HAVE YOU OMITTED ANYTHING? REMEMBER: INCOMPLETE APPLICATIONS CANNOT BE PROCESSED. TO PROTECT YOUR LOAN THROUGH VOLUNTARY GROUP CREDIT INSURANCE, REVIEW AND COMPLETE THE APPLICATION ON PAGE 3. rinF?fe .mm?•sA 04-6000 LASER-IA F.1-11582 page 2 of 3 COPYRIGHT 2004 Minnesota Mutual Companies. Inn. All LAC. R CREDIT INSURANCE IS VOLUNTARY AND IS NOT REQUIRED TO OBTAIN YOUR LOAN YOUR COVERAGE TERMINATES WHEN YOU REACH AGE 70 FOR CREDIT LIFE INSURANCE AND AGE 66 FOR CREDIT DISABILITY INSURANCE. APPLICATION FOR GROUP CREDIT INSURANCE INSURANCE Minnesota Life Insurance Company, 400 Robert Street North, St. Paul, MN 55101-2098 33029-6-500 1$50,000 133030-G-500 I NA 180 Months NA 1 14 Days BENEFIT NA No I (we) are applying for the credit insurance coverage(s) selected below and agree to pay the required premium. I (we) understand that fees may be paid by the insurer in connection with this coverage to the Creditor. I (we) understand that the purchase of this insurance is voluntary and not required in order to obtain credit, and that I (we) may terminate it at any time. I (we) understand that if joint life insurance is selected, we must be jointly and individually liable under the loan, and that co-signers and guarantors are not eligible for insurance. The following questions, 1 and 2, must be answered to determine my (our) eligibility for insurance: APPLICANT CO-APPLICANT YES NO YES NO 1. (Applicable to life insurance coverage only) Are you under age 66 on this date? ? ? ? ? 2. (Applicable to disability coverage only) Are you under age 66 on this date AND ? ? ? ? are you presently working outside your home for wages or profit for 30 hours or more per week and have been so working for 30 days or more before this date? t two for: In additi WA 1.0 stion A,,s1sVtci r ibility. ack or ed 1EDrncySyWnde bove questions are true to the best of my (our) knowledge and belief. If my co-applicant or I answer My (our) answers to the a "No" to questions 1 or 2, we understand that that person is not eligible for insurance and will not be insured. if FRy Be app! or I answer "Yes" to qwestiop 3, we 1_IAdQrSt2Ad that we are eligible for ipsuraAGe up to an 2--m-a-unt not exceediAg $1. The effective date of my (our) insurance will be the date of this application. Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. Do not sign this application if any applicable spaces are blank. This application will not be used in a contest if all applicable blank spaces have not been completed, the debtor has not signed and dated the application and if the application has not been witnessed. THIS INSURANCE CONTAINS LIMITATIONS/EXCLUSIONS PERTAINING TO BENEFITS PAYABLE. COVERAGE REQUESTED ('MONTHLY PREMIUM PER $100.00 OF OUTSTANDING LOAN BALANCE.) SEE ® Yes ? No Single Life 5.7¢' ? Yes ®No Joint Life 9.9¢' ® Yes ? No Credit Disability BEL OW X 09/05/2006 I I x I No. of Equal Monthly Premium No. of Equal Monthly Premium No. of Equal Monthly Premium No. of Equal Monthly Premium No. of Equal Monthly Premium Monthly Installments Rate' Monthly Installments Rate' Monthly Installments Rate' Monthly Installments Rate* Monthly Installments Rate* 8 32.50 56 12.00 104 9.0¢ 152 7.70 200 7.10 16 23.5¢ 64 11.30 112 8.7¢ 160 7.6¢ 208 7.10 24 19.0¢ 72 10.64 120 8.5¢ 168 7.60 216 7.1¢ 32 16.20 80 10.1¢ 128 8.2¢ 176 7.40 224 7.10 40 14.4¢ 88 9.7¢ 136 8.1¢ 184 7.30 232 7.0¢ 48 13.0¢ 96 9.3¢ 144 7.90 192 7.20 240 7.0¢ MHC-98-4567.37 A 04-WW LASER4A F.1.11582 page 3 of 3 COPYRIGHT 2004 Minnesota Mutual Companies, Inc. All rights reserved. JUL-22-2009 WED 03:56 PM Relco Community Credit Union 403 N. 2nd Street Harrisburg Area: (717) 232-3526 P.O. Box 82 Lancaster Area: (717) 393-1116 Harrisburg, PA 17108 Toll Free: (800) 642-4482 eokkOwEtl'S NAME ANDApDRCSS 59 WARWICK CI JONATHAN C FORD MECHANICSBURG, PA 17055 CO-0OiEROtNER'S NAM[ ANDpnpjzOSS AN OPd'N-END CREDIT PLAN FROM YOUR CREDIT UNION FAX NO. P. 02 OPEN-END CREDIT PLAN, DISCLOSURES, CREDIT AGREEMENT, AND SECURITY AGREEMENT aCCOUrrrNrlwreER ....------ 458940 Dare or ArRTI I 10/07/1979 DATE Or• dInTI r This Open-end Credit Plan is a quick and convenient way for you to obtain a ban when you need it. This is an open-end, multi-featured credit plan. We anticipate that you will borrow money (called "advances") from time to time under the Plan. Several types of credit, called "subaceounts", are available under the Plan. Finance charges will accrue for any outstanding balance on the plan. We may, but do not have to, set credit limits on certain subaccounts or on the entire plan as a whole. The amount of credit available against any credit limit may vary in accordance with the payments you make against your outstanding balance. When you signod your credit application, you agreed to the terms and conditions of the Open-end Plan, Credit Agreement, Security Agreement, Rates and Fees Addendum, Advance Receipt, and any similar document In connection with your Plan. Future advances will be governed by these terms even without your future signature, However, we may require you to sign further documentation in order to protect the Credit Union's security Interests or for other appropriate purposes. Advances may be applied for by telephone, email, internet, fax, mail or in person. MEMBER'S DISCLOSURE STATEMENT HOW TO COMPUTE THE FINANCE CHARGE: The Finance Charge is the total cost to you Of obtaining credit through this credit plan. The Finance Charge begins to accrue on the date of each advance and accrues for each day the balance remains unpaid. The unpaid balance for each day is multiplied by the daily periodic rate to determine the Finance Charge for that day. The sum of these daily charges is the Finance Charge you will pay, The unpaid principal balance is that balance which is in your account at the dose of business after at transactions, including payments and new borrowings, have been entered. P Share or CD Secured Variable Rate: If this is a share or CD secured loan, the Annual Percentage Rate may increase or decrease during the term of this ansaclion N the share or CD rate increases or decreases. Your initial rate will be the share or CD rate plus a margin of 2% and will vary thereafter as described herein. An Increase or decrease will take effect quarterly on the first of January, April, July, and October following a change in the share or CD rate, The interest rate wilt not increase above the maximum rate allowed by law. Any Increase win take the form of more payments of the same amount. Security Interest: Collateral is required for all advances. The credit union will take a security interest in all your shares and deposits In the credit union, including future additions, as security for advances under this plan. Additionally, the credit union will take a security interest in the property purchased with the advance or in property identified in the AdvanCO Revolv'mg Request form or other security agreement for each secured advance under this plan. Property given as security for any other ban held by the credit union will also secure all amounts you owe under this plan (see Security Agreement on page 4). Property Insurance: You are required to carry insurance against loss by fire, theft, or collision and comprehensive coverage on motor vehicles and other property pledged as security on your loan, The insurance may be obtained by any insurance broker of your choice. The insurer waives an rights of subrogation against the Consumer. If you do not obtain property insurance, the credit union will provide it for you, at your expense. Late Charge: If a payment is 30 days late, you will be charged 5% of the payment due. CredibDebit Cards: The Credit Union will issue you debit cards, loan drafts, or credit cards (including, but not limited to drafts, cards, plates, coupon books, debit cards or other consumer credit devices) nthey are now or in the future made part of your open-end credit plan. Overdraft Protection: If you request Overdraft Protection, any overdrafts on your share draft account will be charged against your Personal Kno of credit and will be subject to the Finance Charge applicable to your Personal line of Credit. CREDIT PLAN RATES & FEES Sea separate peon-end Credit Plan Roles 6 Fees Addendum for Type of Transactions, Cmdil Plant Rates, and Fees that wild apply to your Plan J-Vb4t? NOTICE: SEE ATTACHED NOTICE FOR IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE BILLING ERRORS. 6301 LASER IA Pww nw. 12200$ COPYRIGHT 2065 Seou(wn Finxnci#1 Croup, xic AN rfehi.-,oauvea. PQkkOWER'SNAME -- --- •-- ---... ----• -- -••--- --• -`-- I,000Uk1'NVMBER JONATHAN C FORD - - 458940 _- -- - -? J IN THES>= AGREEMENTS, THE WORDS "V "ME; "MY" AND "MINE" WILL MEAN ANY PERSON W40 EXECUTES THE OPEN-END CREDIT PLAN BY SIGNING THE MASTER APPLICATION, OR ANY ADVANCE/REVOLVING REQUEST OR SIMILAR DOCUMENT, OR ANY PERSON WHO ENDORSES A PROCEEDS CHECK OR OTHERWISE ACCEPTS. ACCESSES, OR USES PLAN FUNDS IN ANY WAY. THE WORDS "YOU," "YOUR" AND'YOURS- MEAN THE CREDIT UNION. CREDIT AGREEMENT Agreement to 'terns: By signing the Master Application, and/or by accepting, using, or accessing any proceeds under this plan, I agree to the terms and conditions of the Open-end Credit Plan, Disclosures, Credit Agreement, and Security Agreement, and any and all Advance Receipts, and any future amendments thereto, and promise to pay you am amounts due. Advances, Credit Limits, Plan Access, and Periodic Statements; i may apply for advances under this Plan in any manner allowed by the Credit Union, including telephone, e-mail, intemet, fax, mail or in person. You reserve the right to refuse to make an advance without affecting the liability of any co-borrower. Advances hnll at no time exceed any credit limits as set forth In the loan policy of the credit union. If an advance is approved, you may issue a proceeds check or draft to me; or deposit advance proceeds into my shah; account or share draft account; or issue to me credit cards or ATM/Debit Cards in order to directly access my Plan and obtain advances. I will roWiVe a periodic statement describing the activity on my Plan during the applicable billing cycle. Liability for Unauthorized Use: If t use an ATM/Debit card to access my plan, I may be liable for the unauthorized use of the card. I must tell the Credit Union at onto I 1 believe my ATMIDebit card has been lost, stolen, or used without my permission. I may contact the Credit Union at Belco Community Credit Union, 403 N. 2nd Street, P.O. Box 82, Harrisburg, PA 17108 or call (800) 642-4482. 1 will not be gable for unauthorized use that occurs after I notify the Credit Union of the lass, theft, of possible unauthorized use. If the card is used to obtain advances directly from the Plan, my total liability will not exceed $50.00. If the authorized withdrawal is from a share draft account, my liability is governed by the Regulation E disclosures I received at the time I received my ATMUDebk card, even if the withdrawal results in an advance being made from my overdraft subaccount under my open-end Credit Plan. I also have certain rights and responsibilities under the Fair Credit Billing Act if I believe my periodic statement is incorrect, See Billing Rights Notice at the end of this Credit Agreement- Advance Receipts: If I take an advance under this Plan, i will receive an Advance Receipt outlining the transaction and describing any collateral given as security for that advance. The Advance Receipt is part of the credit contract and I must abide by the terms described therein. Payments: The minimum monthly payment and due dale will be set and disclosed to me at the time each advance is made. My minimum payment will be based upon the amount of my outstanding balances immediately after my most recent advance. My minimum payment will not change unless I request additional advances or fail to keep my agreement i may pay the credit balance in full or in part at any time without penalty. However, minimum periodic payments are required on each ban account as long as any balance exists. Late Clwrges: If I make a late payment, I agree to pay a late charge if one is disclosed on the face of this document. Credit Insurance: Credit life and/or credit disability insurance Is voluntary and not a condition of opening my Plan or obtaining any advance. Sonower will only have this coverage if Borrower applies for the coverage, meets the eligibility requirements, and agrees to pay the premiums. The premium V41 be charged and collected monthly and will become part of Borrowers minimum monthly payment. Credit Insurance will cover all advances under the Plan now and In the future (subject to any limitations, restrictions or exclusions contained in the Certificate) and premiums will be charged according to the outstanding balance of the Plan. If Borrower falls to pay the insurance premiums, Credit Union may cancel the coverage or, at its option, pay the premiums and add them to borrower's outstanding plan balance, upon which Interest will accrue. Borrower may cancel coverage at any time by informing the Credit Union of the intent to do so. Credit Union retains a portion of the premium (or a portion Is paid back to the credit union by the service provider) as compensation for making this service available. See Certificate for specific terms and conditions of the insurance contract. Default: The following provision applies to borrowers in Idaho, Kansas, and Maino. I will be in default if (1) 1 do not make a payment of the required amount when due; or (2) you believe the prospect of payment, performance, or realization on any property given as security is significantly Impaired. The following provision applies to borrowers in Wisconsin: I will be in default if any of the following occur. (a) I fail to make a payment when due on two (2) occasions within any 12-month period; OR (b) i breach any term or condition of this Open-end Plan, which breach materially Impairs my ability to pay amounts when due or materially impairs the condition, value, or protection of your rights to or In any collateral securing this transaction. When I am in default, I am entitled to notice of such default and I have a right to cure the default within Wen (15) calendar days after the date of mailing of such notice. If I fail to cure the default, the full amount of the unpaid balance due sham become immediately payable. The following provision applies to all other borrowers: I shall be considered in default if any of the following occur. (1) If 1 break any promise made under this Credit Agreement or under the Security Agreement; or (2) if i do not use the money you advanced me for the purpose stated in my application; or (3) if you should, in good faith, believe that prospect of payment, performance or realization of the collateral, if any, is impaired; or (4) if 1 die; or (5) if I file a petition in bankruptcy, insolvency, or receivership or am put Involuntarily into such proceedings; or (ti) if the collateral, if any, given as security for this account is lost, damaged or destroyed, or if, it is levied against, attached or garnished; or (7) 9 t do not pay on time any of my current or future debts to you. If I default, you may, at your option, declare this account immediately due and payable, and i must immediately pay to you at that lime the total unpaid balance, as well as the Finance Charge to date, any late charges and costs of collection permitted under law, including reasonable attorney's fees. Costs of collection Include, but are not limited to, repossession fees, appraisals, environmental site assessments, casualty damage Insurance coverage, and attorney's fees for any action taken by an attorney in order to collect this loan or preserve or protect the credit union's rights and remedies, including, without limitation, pre-sult demands for payment, pre-suit mediation or settlement negotiations, l6estigation and assessment of the credit unions' rights, participation in bankruptcy cases, matters, and proceedings (including, without limitation, fifrig proofs of claim, pursuing reaffirmation agreements, attending meetings of creditors, and pursuing complaints, motions, and objections that relate in any way to the credit union's collateral or right to payment), collateral disposition, non-bankniptcy suits and/or administrative actions, and appeals. The principal balance in default shall bear interest at the contract rate; or (8) if anyone is in default of any security agreement given in connection with any advance under this Plan; (9) If I make arty false or misleading statements in any credit application or update of credit Information: (10) 1 am in default of any other loan or security agreement I have with the Credit Union; or (11) 1 use the Plan for any Illegal purpose or transaction as determined by applicable law. Illegal Use and Internet Gambling: I agree that all transactions that I initiate by use of any advance or any card which accesses my Plan are legal in the jurisdiction where I five and/or where the transaction occurred. Internet gambling may be illegal In the jurisdiction in which I am located, including the United States. My Plan and any card which accesses my Plan may only be used for legal transactions. Display of a payment card logo by an online merchant does not mean that interest gambling transactions are lawful in all jurisdictions in which I may be located. I agree to repay according to the terms of this Agreement all transactions I initiate by taking an advance or using my card(s), whether deemed legal or illegal. Action Upon Default: The following proviSiar applies to borrowers in Colorado, District of Columbia, Kansas, Maine, Massachusetts, MiaSUM4 Nebraska, and West Irrrginfa: Once I have defaulted, and after the expiration of any right i may have under applicable state law to cure my default, you can demand immediate payment of the entire unpaid balance of the plan without giving me advance notice. The principal balance in default shall bear interest at the contract rate, or a default rate If one has been disclosed to me, or another rate if required by applicable law. 71ire following provisions applies to borrowers In Wisconsin: Right to Cure D 0ult: If i am in default under this Agreement, you must give a notice of default to me pursuant to Wisconsin Statutes sec. 425.101 - 425.105. i shall have fifteen (15) calendar days from the date the notice is mailed to me to cure the default. In the event of an uncured default, you shall have all the rights and remedies for default provided under the Wisconsin Consumer Act. You may waive any default without waiving any other subsequent or prior default by me. Upon default, you are not entitled to possession of the collateral until you have obtained a judgment authorizing recovery of the collateral; however, I may voluntarily surrender the collateral at any time without judicial proceedings. I am entitled to a court hearing on the issue of default before you can repossess the collateral; however, if I voluntarily surrender the collateral, I waive this right. page 2 of 8 FX , 8 - BURngw[R'S NAMt ACCOuNTNUMBER JONATHAN C FORD 458940 IN THESE AGREEMENTS, THE WORDS "I," 'ME,' 'MY- AND "MINE' WILL MEAN ANY PERSON WHO EXECUTES THE OPEN-END CREDIT PLAN 9Y SIGNING THE MASTER APPLICATION. OR ANY ADVANCEIREVOLVING REQUEST OR SIMILAR DOCUMENT, OR ANY PERSON WHO ENDORSES A PROCEEDS CHECK OR OThfERWISE ACCEPTS, ACCESSES, OR USES PLAN FUNDS IN ANY WAY. THE WOROS'YOU," "YOUR" AND "YOURS" MEAN THE CREDIT UNION. No Right DJ- ktre_ Pursuant to Wis. Stat. Sec. 425.105(3), 1 shag not have the right to cure a default if the following occur twice during the preceding twelve (12) months: (a) i was in default on the open-and plan; (b) You gave me notice of the right to cure such previous default in accerance with WW ls.StaLSec. 425.104; and (c)1 cured the previous default Nothing in this Agreement shall be construed to restrict your ability to exercise your rights under the Wisconsin Consumer Act, Wiis.Stat.Sec. 409.105 and 409.%A or 425.207(2) or any similar or other rights if so permitted under applicable Wisconsin taw. The Bellowing provision applies to borrowers in aft other states: Once I have d1faulted, you may, at your option, declare all amounts under the Plan immediately due and payable, and I must immediately pay to you at that time the total unpaid balance, as wen as the Finance Charge to date, any late charges and costs of collection permitted under law. Including reasonable attorney's fees. The principal balance in default shall bear interest at the contract rate, or a default rate if one has been disclosed to me, or another rate if required by applicable taw. Additional Provislons: 1. I agree to provide you with a current financial statement if so requested and that no advance will be made until you have reviewed the financial statement. 2. In case any provision of this agreement is held invalid for any reason such determination shall not affect the remaining provWons of the agreement. Sul the agreement shall be enforced as if such provision was never included. 3. 1 admit that I have received a copy of this agreement, and that I have fully read and understand all of its terms and conditions. 4. My signing and endorsing any checks or drafts issued under this agreement shows my acceptance of its terms and conditions. Change In Torms: You may Change the terms of this Plan at any time after giving any notice that may be required by applicable taw. 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. Collection Costs: I agree to pay all costs Incurred by the Credit Union in collecting any amount I owe or in enforcing or protecting the Credit Union's rights under this Plan, including but not limited to, repossession and collateral disposition kes and costs; fees and costs incurred in locating collateral; appraisals; casualty damage insurance coverage; altomepe fees of 20% of the unpaid balance or such greater amount as may be reasonable. I also agree to pay any additional amounts incurred by the Credit Union as a result of any appellate, bankruptcy or posNudgment proceedings, except as may be specifically ignited or prohibited by applicable taw. Sorrower Responsibility; I promise to notify you of any change in my name, address or employment. I promise not to apply for an advance 91 know there is a reasonable probability that 1 will be unable to repay my obligation according to the terns of the credit extension. I promise to inform you of any new information whirls relates to my ability to repay my obligation. I promise not to submit false or Inaccurate Information or willfully conceal information regarding my creditworthiness, credit standing, or credit capacity. Joint Plans: If this Plan has more than one borrower, it is a joint Plan and each of us is individually and jointly responsible for paying all amounts owed. You can enforce your fights under this flan against any one of us Individually or against all of us together. If we give you inconsistent instructions, you can refuse to follow those instructions- Unless your written policy requires all of us to sign for an advance, each of us authorizes the other(s) to obtain advances individually and agrees to repay advances made to the other(s). Any notice mailed to one shag be considered notice mailed to all, unless applicable law requires individual notice. Any of us can remove ourselves from responsibility as a joint or co-borrower by notifying the Credit union in writing. However, this will not relieve any of us from joint or several liability for any obligations already Incurred. Termination: I understand that you may terminate this credit and security, agreement under the following condafons: 1. Upon adverse re-evaluation of my creditworthiness. 2. If I should fait to meet the terms of the agreements. 3. N, o_ti a to Wscon B ro rows s: If I am a married Wisconsin borrower who has been extended individual credit, the Credit Union can terminate this Plan if It receives a written notice of termination from my spouse pursuant to Wis. StaL 766.565(5). Soo State Notces below for further information. 4. At my option, or your option, with good cause and upon written notice. i understand that termination will not affect my obligation to pay the balance outstanding incurred prior to notice. Unlawful Transactiats: 1 warrant and agree that my Opcn-end Credit Plan will not be used to make or facilitate any Illegal transaction(s) as determined by applicable law; and that any such use, including any such authorized use, will constitute an event of default under this Agreement. I agree that the Credit Union will not have any liability, responsibility or culpability whatsoever for any such use by me or any authorized user(s). I, further agree to Indemnify and hold the Credit Union harmless from any suits, liability, damages or adverse action of any kind that results directly or Indirectly from such illegal use. Govaming Law. These agreements shall be construed and enforced in aoeordance with the laws of the State of Pennsylvania. State Notices: N077CES TO WISCONSIN BORROWERS: (1) If I am married and am extended individual credit, Wisconsin Statutes Section 766.56(3)(b) requires the Credit Union to notify my spouse of the extension of credit If Credit Union receives a written notice of termination from Borrower's spouse pursuant to Wis. Stat. Section 766.565(5) in connection with this Plan, Credit Union reserves the right to declare Borrower in default of the Plan and to cap the entire extension of credit due and payable notwithstanding Wis. Stat. Sections 425.103 and 425.1105, to the extent not prohibited by law. If the Plan is taped due and payable. I shall have certain rights to cure the default (see the Actions Upon Default" paragraph above). (2) Additionally, no provision of a marital property agreement, a unilateral agreement under Wis. Shat Section 765.59, or a court decree under Wis.Stat. 766.70 adversely affects the interest of the Credit Union unless prior to the time the credit is extended, the Credit Union is fumished with a copy of the agreement or statement, or has actual knowledge of the adverse provision when the obligation to the Credit Union is Incurred. NORTH DAKOTA NOTICE TO 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, THE BORROWER MAY HAVE TO PAY THE DIFFERENCE. NOTICE TO UTAH BORROWERS: This written agreement is a final expression of the agreement between me and the Credit Union. This written agreement may not be contradicted by evidence of any oral agreement, NOTICE FOR ARIZONA OWNERS OF pROPERTY.• It is unlawful for a borrower to fail to return a motor vehicle that is subject to a security Interest within thirty days after I have received notice of default. The notice will be mailed to the address I provided on this document unless 1 have given the Credit Union a new address. It is my responsibility to notify the Credit Union if my address changes. The maximum penalty for unlawful failure to return a motor vehicle is once year in prison and/or a fine of $150,000. The following is required by Vermont Law. NOTICE TO CO-SIGNER •-'--- MY SIGNATURE ON THIS PLAN MEANS THAT i AM EQUALLY LIABLE FOR REPAYMENT OF THIS PLAN. IF THE BORROWER DOES NOT PAY, THE CREDIT UNION HAS A LEGAL RIGHT TO COLLECT FROM ME page 3 of a -- - --- ---- ---- -- ?BIJRROwER'SNAME --- -- -- - ACCOUNTNUMOER -- - 1 JONATHAN C FORD 4ti6940 IN THESE AGREEMENTS, THE WORDS "I," "ME," -MY- AND 'MINE7 WILL MEAN ANY PERSON WHO EXECUTES THE OPEN-END CREDIT PLAN BY SIGNING THE MASTER APPLICATION, OR ANY ADVANCEiREVOLMNG REQUEST OR SWILAR DOCUMENT, OR ANY PERSON WHO ENDORSES A PROCEEDS CHECK OR OTHERWISE ACCEPTS, ACCESSES, OR USES PLAN FUNDS IN ANYWAY. THE WORDS "YOU." "YOUR" AND "YOURS' MEAN THE CREDIT UNION, Contractual Pledge of Shares: I pledge all my shares and deposits in the credit union, Including future additions, as security for advances under this Open-end Credit Plan. In case I default, you may apply these shares and deposfts to the payment of all sums due at the time of default, including costs of collection and reasonable attorney's fees. No lien or right to impress a lien on shares and deposits shall apply to any of my shares which may be held in an "Individual Retirement Account" or "Keogh Plan." MARRIED WISCONSIN RESIDENTS: Marital status: []Married F]Unmarried Q Legaly Separated The name of my spouse is Spouse's SSN Address (if different) The credit being granted Is Incurred in the Interest of the marriage or famity of the Borrower(s). B{LLING i1GHTS QT1CE -KEEP-TH18 NOTl FOR I)TURE 0,4 This notice contains important information about my rights and your responsloitties under the Fair Credit Billing Act. Notify You in Case of Errors or Questions About My statement If I think my statement is wrong, or if I need more information about a transaction shown on it, I will write to you at the address fisted on my statement, as soon as possible. You must hear from me no later than 60 days after you sent me the first statement on which the error or problem appeared. I may telephone you, but doing so wiN not preserve my rights. In my letter, i will give you the following Information: 1. My name and account number. 2. The dollar amount of the suspected error. 3. A description of the error and an explanation if 1 can why i believe there is an error. If I need more information I will describe the item I am not sure about My Rights and Your Responsibilities After You Receive My Written Notice You must acknowledge my letter within 30 days, unless you have corrected the error by then. Within 90 days, you must either correct the error or oxplain why you believe the statement was correct. After you receive my letter, you cannot try to collect any amount I question, or report me as delinquent. You can continue to bill me for the amount I question, including finance charges, and you can apply any unpaid amount against my credit limit i do not have to pay any questioned amount white you are investigating, but I am still obligated to pay the parts of my statement that are not in question. If you find that you made a mistake on my statement, 1 will not have to pay any faharce charges related to any questioned amount If you didn't make a mistake, i may have to pay finance charges and t will have to make up any missed payments on the questioned amount. In either case, you will send me a statement of the amount I owe and the date that it is due. If 1 fail to pay the amount that you think I owe, you may report me as delinquent, However, 9 your explanation does not satisfy me and t write to you within ten days telling you that i still refuse to pay, you must tell anyone you report me to that I have a question about my statement. And, you must tell me the name of anyone you reported me to. You must tell anyone you report me to that the mader has been settled between us when it finally is. If you don't follow these rules, you Can't collect the first $50 of the questioned amount, even if my statement was correct SECURITY AGREEMENT Security Interest; PLEDGE OF SHARES; Statutory Lien; Set-off; Administrative Freeze: By signing the Open-end Credit Plan, or by accessing, using, or otherwise accepting any funds, accounts or services under my plan: (a) I grant the Credit Union a security Interest in all goods, property, or other items purchased under this Plan either now or In the future, or in any other property given now or at the time of any future advance, or given at any other time in connection with the Open-end Plan ("Collaterar7, Any required description of the Collateral shall appear on my Advance Receipt of similar document and the Advance Receipt shall become part of [his Security Agreement as if incorporated herein. The security interest includes all Increases, substitutions and additions to tho secured property, proceeds from any insurance on the secured property and all earnings received from the secured property. The security interest also includes all accessions. Accesslons 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 I buy within 10 days of the Advance or any extensions, renewals or refinancing of the Advance. If the value of the property declines, I promise to give you more security d asked to do so. I also agree to abide by the terms of the Security Agreement and any Advance Receipt or similar document. (b) i grant and pledge to you a consensual lien on all sums on deposit to secure my obligations to the Credit Union pursuant to applicable state law. If 1 have a credit card account(s) under my plan, this pledge of shares also applies to the credit card account(s). "All sums on deposit" and "shares" for purposes of this pledge means ad deposits In any share savings, share draft, club, certificate, P.O.D., revocable trust or custodial accounts(s), whether Jointly or individually held, that you have on deposit now or in the future, all of which are deemed 'general deposks" for the purpose of this pledge. My pledge does not include any IRA, Keogh, tax escrow, irrevocable trust or fiduciary account in which 1 do not have vested ownership interest. (Q-11 acknowledge and agree to Impressment of the Credit Union's statutory lien rights under the Federal Credit Union Act and/or applicable state law as of the date i opened my credit plan, which gives you the right to apply the sums in my account(s), to satisfy any obligations I owe to the credit union, regardless of contributions at the time of default, and without further notice to me or any owner of the account(s). (d) I acknowledge and agree to your "common law" right to set off under applicable state law which authorizes you to apply the funds In any joint of individual account to any obligations owed to you if I default or fail to pay or satisfy any obligation to you without any legal process, court proceeding or any notice to any owner of the account(s) affected hereunder or otherwise under this Agreement. (e) I specifically agree that you have the right to place an administrative freeze on any of my joint or individual account(s) and that such action shall not violate 11 USC 362 or other applicable law. Multiple Rights; Cumulative Remedies: I understand and agree that the Credit Union has multiple rights as enumerated above and that the remedies are cumulative. Nothing herein shall limit or restrict the remedies available to you following any event of default under the terms of my Open-end Plan. CROSS-COLLATERALIZATION: Property given as security under this Plan or for any other loan i have with the Credit Union will secure all amounts I owe the credit union now and In the future. However, property securing another debt will not secure advances under the Plan If such property Is my dwelling (unless the proper rescission notices are given and any other legal requirements are satisfied), or are non-purchase-money household goods. Obligations secured by my primary residence, household goods and any funds in an IRA or Keogh account are not included in your lien or this security Interest, unless subject to specific pledge or security agreement. Non-Transferability: I agree that my account(s) are not assignable or transferable except to the Credit Union unless specifically authorized in writing by you. No Liability for Dishonor: The Credit Union will not have any responsibility or liability to me or others relating to the dishonor or other return of any check, draft, ACH transaction or other order occurring as a result of you exercising your lien rights or freezing any accounts in order to protect or preserve such rights. page 4 of S ?X ?Q BOnnovwGR'S NAMC ACCOUNT NUMBER JONATJ-iAN C FORD 458940 IN THESE AGREEMENTS, THE WORDS "I,• "ME;' "MY" AND "MINE" WILL MEAN ANY PERSON WHO EXECUTES THE OPEN-END CREDIT PLAN BY SIGNING THE MASTER APPLICATION, OR ANY ADVANCE/REVOLVING REQUEST OR SIMILAR DOCUMENT, OR ANY PERSON WHO ENDORSES A PROCEEDS CHECK OR OTHE•R"se ACCEPTS, ACCESSES, OR USES PLAN FUNDS IN ANY WAY. THE WORDS "YOU," 'YOUR" AND "YOURS" MEAN THE CREDIT UNION. Ownomhlp of the Collateral: Depending on the nature of the advance andlor the preference of the Credit Union, the property given as Collateral may be property already owned by me or may be the property purchased with the advance proceeds. If I am granting a security interest in property already owned by me, I promise that I own the property, free of all security interests except that given to the credit union and except for any other interests disclosed by me to the credit union prior to the advance, i promise that i have informed you of any and all co-owners of the Collateral and/or any other person with an interest in or claim against the property. It I am using the advance proceeds to buy the property that shall be used as Collateral, l agree to )use those advance proceeds for the sole purpose of buying that Collateral, I agree not to sets or lease the Collateral or to use It as security for a loan with another creditor until the advance is repaid. I agree not to allow another security interest or lien to attach to the Collateral either by my actions or by operation of the law. Protecting the security Interest: if my state issues a title for the Collateral, i agree to have your security interest shown on the tittle and to take any other steps necessary for you to perfect your security interest in that titled property. I may have to sign and/or fie a financing statement or Similar instrument to perfect your security interest and/or to protect your security interest from the claims of others. If asked to do so, t agree to sign a financing statement or other required document. I also agree to do whatever else you think is necessary to protect your security interest in the Collateral. Use of the Collateral: Until the advance has been paid in fun, I agree to (1) use the Collateral carefully and for the purpose lt was intended and keep it in good repair; (2) Obtain your written permission before making major changes to the Collateral or changing the address where the Collateral is kept; (3) inform you in writing before I change my address; (4) allow you to inspect the Collateral; (5) Promptly notify you if the Collateral is damaged, stolen or abused; (6) Not use the Collateral for any unlawful purpose, property Insurance: I will maintain Insurance to cover any vehicle or other property in which you have a security interest. This insurance will be in a form and an amount satisfactory to you. 1 w,1t supply you with proof of such insurance until all sums owed to you and secured by this property are repaid. If 1 fart to maintain such insurance, you may, but are not required to, obtain insurance of your own and add the cost of such to The sums owed. This cost will boar interest at the contract rate until paid. i further assign to you the right to receive the proceeds of any insurance on such property, and direct any insurer to pay those proceeds directly to you. I authorize you to endorse any check or draft provided as the proceeds of such insurance, and apply those proceeds to the sums owed to you. i further authorize you to provide your Insurance Service Center with the necessary information for verdlcalion of adequate coverage. I acknowledge that insurance, or any extension thereof, placed by you is without benefit to me individually but is primarily for the protection or you. collateral you may collect from me reasonable expenses Incurred In the retaking, holding and preparing the collateral for and arranging the sale of the collateral. You may also collect reasonable attorney's fees and legal expenses, permitted by applicable law, incurred in connection with disposition of the property. Unless i default, I may keep possession of the property (collateral) described and use it in any lawful manner consistent with this agreement or with the insurance policy on the collateral. 1 understand that you have certain rights and legal remedies available to you under the Uniform Commercial Code and other applicable laws, and that you may use these rights to enforce payment K I defauh. In that event, I will at your request assemble the property (cobter2Q and make it available to you at a place of your choosing. If you decide to waive this default, d will not constitute a waiver of any other subsequent defaults. Attorneyin-Fact: You are hereby appointed as my Attorney-In-Fact to perform any acts which you feel are necessary to protect the collateral and the security interest which this agreement creates. Co-borrowers: If there is more than one borrower, our obligations under this agreement are joint and several, each being equally responsible to fulfill the terms of the agreemenk Survival of Obligations: This security agreement not only binds me, but my executors, administrators, heirs and assigns, Additional: Security: Should you feel at any time that the security presented has diminished in value, or for any other reason feel that additional security is required, t agree to assign to you within (10) days whatever additional security you reel is necessary to protect yourself against possible loss. Agreement to Terms: My signing and endorsing any checks or drafts issued under this agreement, or otherwise using, accessing, Of accepting any advance proceeds, shows my acceptance of its terms and conditions. Notices: You may meet all requirements for sending me a notice of any kind if you send it to me by means of United States mail, at my last given address. You may also meet this requirement by delivering these notices to me electronically provided that i have agreed to receive notices by electronic means, such as email. Additional Advances: Any additional advances made to me for the payment or taxes or assessments or liens of any kind, or premiums on authorized insurance and the interest owing thereon shall also be secured by this agreement. Disposition of Collateral: If a default as defined in the credit agreement should occur, you have the authority, upon such default, to repossess and sell the collateral In a lawful manner. In such cases, you or your authorized representatives may, at your option, enter the premises where the collateral is kept and take possession, subject to applicable laws. You have the right to render the properly pledged as collateral unusable and dispose of the collateral on the premises where the collateral is kept, if you decide to sell the collateral at a public sale, private sale or otherwise dispose of the collateral, you will notify me of the lime and place of the Intended disposition ten (10) days prior to the sale or disposition. If you sell or otherwise dispose of the page 5 of 8 ?(6300 4ro4 I I;ORROWER'S NAME l ACCOUNTNUM6ER i JONATHAN C FORD I458940 CREDITOR BENEFTCIARY (POLICYHOLpGRi BELCO COMMUNITY CREDIT UNION MINNESOTA UFE CERTIFICATE CE GROUP CREDIT INSURANCE Minnasota Lite insurance Company 400 Robert Street North St Paul, Minnesota 55101-2098 33029-G-600 $50,000 33030-Cr500 NA NA MAXI&gUM LOAN REPAYMCNTPERIOD MAX, AGGREGATE OISABIU IY 6ENEFlT WAITING PERIOD RET 180 Months NA 14 Days No This certificate is issued in consideration of your application and the payment of the required premium. It summarizes the main provisions of the group policy(ies) that affect you, You may examine the group policy(ies) at the principal office of the policyholder during regular business hours. No coverage is provided for any unused portion of your line of credit. Notice of your right to examine this certificate for 30 days. It is important to us that you are satisfied with this insurance. if you are not satisfied, you may return this certificate to us or to your insurance representative within 30 days of its receipt, and you will receive a full refund of any premiums you have paid within 30 days after we receive your notice of cancellation. LIFE INSURANCE What is the amount of the death benefit? The death benefit will be the lesser of: (1) the unpaid balance of your loan on'the date of your death; or (2) the maximum amount of insurance specified on your application. The death benefit will include up to two months of delinquent payments. If you are jointly insured and your co-debtor dies, the death benefit will be determined on the same basis. Only one death benefit is payable, even if both jointly insured debtors should die on the same date, The death benefit will be payable when we receive a certified copy of the death certificate and a statement from the policyholder. How would a pre-axis m i c it[ ct yo gsSp fisting co Done ion; as to each advance With respect to life ins it a ex 1,0 u to r on your loan, we will not a v if h i s a of the advance and is caused by a pre-existing a A pre-existing medical co ase sica eceived medical advice, consultation, diagnosis or sician e six th pe ae date of the advance. Is there a suicide exclusion? As to each advance on your loan, we will not pay any life insurance claim if you, whether sane or insane, die by suicide within one year after the date of the advance, but we will refund your premium paid for insurance on that advance. In the case of joint credit life insurance, we will continue the surviving joint insured's coverage and make a refund in accordance with the refund provisions of this certificate. If both joint insureds commit suicide within one year after the date of the advance, we will refund the premium paid for the joint life insurance coverage on that advance. What if joint life Insurance is terminated because of suicide, contestability or ineligibility? If joint life insurance is terminated with respect to one of the joint insureds in accordance with the provisions on suicide, contestability or age eligibility contained in this certificate, a refund will be made which is equal to the difference between the premium actually charged for the joint life coverage and the premium that would have been charged if only single coverage had been issued and the joint life certificate will be replaced by a single life certificate. What if your life insurance coverage is issued in excess of the insurance maximum? If we issue your insurance in excess of the insurance maximum in error, we have the right within 60 days from the effective date of the certificate to reduce the excess coverage and refund the excess premium charge paid, provided you are alive on the adjustment or termination date, YOUR CERTIFICATE CONTAINS PRE-EXISTING CONDITION EXCLUSIONS. WITH RESPECT TO LIFE INSURANCE COVERAGE IN EXCESS OF $1,000 SUBJECT TO THE PRE-EXISTING CONDITION EXCLUSION, A BENEFIT MAY NOT BE PAYABLE WITH RESPECT TO AN ADVANCE IF DEATH OCCURS WITHIN 6 MONTHS AFTER THE DATE OF THE ADVANCE AND DEATH RESULTS FROM A PRE-EXISTING CONDITION. A BENEFIT MAY NOT BE PAYABLE WITH RESPECT TO AN ADVANCE IF TOTAL DISABILITY COMME=NCES WITHIN 6 MONTHS AFTER THE DATE OF THE ADVANCE AND RESULTS FROM A PRE-EXISTING CONDITION. REFER TO YOUR CERTIFICATE FOR FURTHER DETAILS, IN NO EVENT IS LIFE INSURANCE COVERAGE TO REMAIN IN FORCE BEYOND THE DATE AGE 66 IS ATTAINED. IN NO EVENT IS DISABILITY INSURANCE COVERAGE TO REMAIN IN FORCE BEYOND THE DATE AGE 661S ATTAINED. MHC-W45G7.3715 Certificate continued on page 7 & B. 6301 LASER IA MGM Rot, 12-2005 page 6 of 8 COPYRIM; 2005 Secunnn ftdo bl Group, Inc. NI fights roserveq 6'6 60aROVUER'S NAMC JONATHAN G FORD IIAccbOW NUMBER (488940 DiSA131LITY INSURANCE What is the amount of your monthly disability benefit? Your monthly disability benefit will be an amount equal to your minimum installment paymei agreement, excluding any delinquencies and/or late fees, due in the month in which total disability If your minimum installment payment increases according to a procedure specified in your 11 periodic changes in the loan interest rate (variable interest loan), we will increase your monthly provided the date of minimum installment payment increase is after total disability commences. In no event will any other increase (or decrease) in your minimum installment payment, after total to change the amount of monthly disability benefit payable. it as specified in your loan commences. )an agreement to recognize disability benefit accordingly disability commences, serve Disability benefits will be payable when we receive proof you have become totally disabled while you your 66th birthday. Also, you must be under the regular care of a physician for the sickness or injury disability benefit at the end of each month of continuous total disability following the expiration of retroactive benefit is effective, we will pay the monthly disability benefit at the end of each month of from the date total disability commences but benefits will not begin until the waiting period expires. What Is the definition of total disability? are insured and prior to We will pay the monthly the waiting period. If the continuous total disability During the first twelve months of disability, your complete and continuous inability, due either to sickness or injury, to perform the duties of your regular occupation. Thereafter, your complete and continuous inability, due either to sickness or injury, to engage in any occupation for which you are reasonably fitted by age, education, training or experience. For how long will monthly disability benefits be paid? We will pay the monthly disability benefit for any continuous period of total disability until any one of the following conditions are met: (1) the payments total an amount equal to the unpaid balance of your loan on the date total disability commences, including principal and interest, under the terms of the loan note or agreement; or (2) your loan is charged off or discharged through payment or prepayment; or (3) you reach age 66. What if you suffer recurrent periods of total disability? If, following a period of total disability, you engage on a full-time basis in any occupation for a continuous period of three months or more, any subsequent period of total disability resulting from the same or related cause or causes will be considered a new period of total disability. However, if the period during which you engage in any occupation is less than three months, any subsequent period of total disability resulting from the same or related cause or causes will be considered a continuation of the preceding period of total disability. If you are totally disabled and sustain an additional sickness or injury which would be in and of itself totally disabling, the additional sickness or injury will not be considered a new period of total disability. What disabilities are not covered? We will not insure any loss resulting directly or indirectly from any total disability caused by'. (1) intentionally self-inflicted injuries; or (2) normal pregnancies; or (3) as to each advance on your loan; a pre-existing illness, disease, or physical condition for which you received medical advice, consultation or treatment within the six month period immediately prior to the date of the advance. However, total disability resulting from any such condition will not be excluded if total disability commences more than six months after the date of the advance. The date of an advance is the date on which you request the advance in accordance with your prearranged tine of credit with the creditor. When must notice of a disability claim be given? You must give us notice within 30 days or as soon as possible after the occurrence or commencement of any loss covered by the group policy. The notice of claim must be in writing and given to our authorized agent or sent to our home office in St Paul, Minnesota, We shall have the right to have you examined at our own expense as often as may reasonably be required while a disability claim is being considered or paid. As deemed necessary to determine continued disability we may also request written proof of foss during the course of a claim. What is the effect of the actively-at-work requirement in your certificate? If you do not meet the actively-at-work requirement, and have correctly stated such in your signed application and the certificate is issued in error, we may, during the first 60 days from the effective date of the certificate, void coverage and refund the full premium charge paid you, provided you have not become disabled and have not met the requirements of the elimination period or waiting period on the date coverage is voided. GENERAL PROVISIONS To whom will benefits be payable? Claim payments will be made to the policyholder to reduce or extinguish your loan. if claim payments are more than the balance of your loan, remaining payments will be made to you or to a secondary beneficiary, if named, ur to the insured debtor's estate, In the event of the simultaneous death of joint insureds and if the order of the deaths cannot be determined, any excess benefits remaining payable will be divided equally between and paid to each joint insured's secondary beneficiary, if named, otherwise to each joint insured's estate. page 7 of 8 &. BOF ROWLR'S NAME ACCOUNT NUMB£fz J? ONAI+HAN C FORA 158940 How are premiums calculated? Premiums for your insurance are calculated each month on the remaining insured outstanding balance of your loan and are computed by multiplying the premium rate in effect under the group policy times the amount of insured debt. The premium rate is subject to change upon 30 days prior written notice to you. How are refunds calculated? If the premium you were charged is greater than the premium required for your amount of insurance, the unearned premium will be refunded to you. All overcharged premium is unearned. However, refunds of less than $10.00 will not be made. When does your insurance terminate? Your insurance will terminate on the date any of the following events occurs: (1) your loan is charged off or discharged through payment, prepayment, renewal or refinancing; or (2) your open-end loan account terminates; or (3),the policyholder transfers the loan without recourse and no longer services the loan; or (4) any required loan repayment which includes your insurance premium is more than 90 days overdue; or (5) you request in writing that your insurance be terminated; or (6) the group policy terminates provided you receive 30 days written notice; or (7) you die. If joint life Insurance is in force, your insurance terminates on both you and your co-debtor on the date either you or your co-debtor dies; or (8) you reach age 66 and have disability insurance; or (9) you reach age 70 and have life insurance. If joint life insurance is in force and insurance terminates on one of you due to attainment of age 70, insurance will continue on the other insured under a single life certificate if that person is under age 70. Termination of your insurance shall be without prejudice to any claim that occurred prior to such termination. If, in error, premiums continue to be charged to you when you exceed the age at which coverage is to terminate, and you correctly stated your age in your signed application, we may terminate coverage as of the next billing date, provided you are alive on the termination date and/or have not become disabled and have not met the requirements of the elimination period or waiting period on the termination date. What if your age is misstated? Subject to the contestable provision, if you stated you were under age 66 and you applied for disability coverage or you stated you were under age 66 and you applied for life coverage but you were not, we will refund your premium when we discover this and no benefits will be paid. If you applied for joint life insurance, this also applies to your co-debtor. What are the effects of the age limitations In your certificate? If you exceed the eligibility age, and have correctly stated your age in your application, and the certificate is issued in error, we may, during the first 60 days from the effective date of the certificate, void coverage and refund the full charge paid by you, provided you are alive on the termination date and/or you have not become disabled and have not met the requirements of the elimination period or waiting period on the termination date. If a certificate is issued in error to a joint insured and his/her coverage is voided as set forth above, the eligible joint insured's coverage will continue and a refund will be made in accordance with the provisions of this certificate. Can we contest your insurance? After your insurance has been in force during your lifetime for two years from the effective date of your insurance (excluding any period during which you are disabled), we cannot contest your insurance for any loss that is incurred more than two years after the effective date, except for the nonpayment of premium- In' the case of joint life insurance, if coverage is terminated with respect to one of the joint insureds the other joint insured's coverage will continue and a refund will be made in accordance with the "What if joint life insurance is terminated because of suicide, contestability or ineligibility?" provision. page 6 of 8 jE ' , VERIFICATION 7penalties states subject to the f 18 Pa C.S.Section 4904 relating to unsworn falsification to authorities, that he/she is the for the Plaintiff in this matter, that he/she is authorized to make this affidavit on its behalf and that the facts set forth in the foregoing pleading is true and correct to the best of his/her knowledge, information and belief. i ?a D/o 9 FIL P-1 CAF THE F' t:.:il,^<UTr1RY 20119 jul 214 Fr 12: ? 9 ?^ R VIiRY? is?}i` 1 . 4'78.50 P-6 AT" ale"* 4 IA 19 ?r* aasM4 Sheriffs Office of Cumberland County rr^^rrrr rr? R Thomas Kline OF THE R Sheriff f Utica pt ?'n+rrbrrl, Ronny R Anderson ? y? - "- Chief Deputy Jody S Smith " . Civil Process Sergeant r'Ce'?" SHERIFF -` Edward L Schorpp Solicitor BELCO Community Credit Union Case Number vs. 2009-5036 Jonathan C. Ford SHERIFF'S RETURN OF SERVICE 07/27/2009 06:26 PM - 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: Jonathan C. Ford, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Jonathan C. Ford. Darlene Vranicar is the owner of the apartment complex and she stated the defendant moved out approximately one month ago. An exact address is not available. SHERIFF COST: $46.94 August 05, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF BELCO COMMUNITY CREDIT UNION Plaintiff VS. JONATHAN C. FORD Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 2009 - 05036 CIVIL ACTION - LAW PRAECIPE TO REINSTATE Would you please reinstate the above captioned complaint and deliver it to the Sheriff for service. IP (4?1 r ?L Arthur M. Feld, Esq. October 27, 2009 RLEE-OFFa OF 714"" 2099 OCT 28 PM 12: 38 X-j- P4 t /,o 411 CN` cl7js?. SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy FILED-,01-i-J 7F TNF PROW, rt, 7j 2409 NOY 19 PM 12: 59 Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor OFl i ? ' ',E ' -- RIFF CUMB r:,., =?rj,. -C), P1tSYLVW114. BELCO Community Credit Union vs. Jonathan C. Ford Case Number 2009-05036 SHERIFF'S RETURN OF SERVICE 11/17/2009 07:50 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on November 17, 2009 at 1950 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jonathan C. Ford, by making known unto Fabricicio Nunez, adult in charge at 20 Round Hill Road Apt. 2 Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $55.44 November 18, 2009 SO ANSWERS, 00 J., ,01 R THOMAS KLINE, SHERIFF Depu y Sherif (ci Gounty5uito Shertt. 7elep o!t_ Inc. w °'?,, _ ?, x '' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F ILED-CF vici-: Sheriff ttttit" at ?tanahrrJ???b E1 T r HE r_ I ? js `e-' Jody S Smith Chief Deputy - C I I AUG -4 PM 2: 3 { Richard W Stewart -?'?8?f? Ai U J"UU[i Solicitor PENNSYL VANIA BELCO Community Credit Union Case Number vs. 2009-5036 Jonathan C. Ford SHERIFF'S RETURN OF SERVICE 05/06/2011 09:36 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 6, 2011 at 0936 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Jonathan C. Ford, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1166 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17015, by handing to Marisol Barber, Assistant Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 06/03/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on May 20, 2011. a true copy of the within writ of execution was attempted to be served upon the defendant, to wit: Jonathan C. Ford, 20 Round Hill Drive, Apt. 2, Camp Hill, Cumberland County, Pennsylvania 17011. At that time it was learned from the current resident that the defendant had moved. Per Post Office, defendant is not known at address given. 08/02/2011 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jonathan C. Ford, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Levy as "Not Served" at 210 W Main Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. After several attempts at service the writ has expired. This Writ is being returned at STAYED. SHERIFF COST: $115.50 August 02, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF S-0 L ?, P r