HomeMy WebLinkAbout09-8393IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES : NO. CA- 8383
CREDIT UNION,
Plaintiff
VS.
LINDSAY KENDZLIC
Defendant
&1V i 1 -1 ex-M
: 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 fTN DEL CONDADO DE CUMBERLAND,
PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO.
CREDIT UNION,
Plaintiff
VS.
LINDSAY KENDZLIC
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) dfas
despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia
personalmente o por un abogado y archivando por escrito con la Corte sus defenses o objeciones
a las demandas puestas en contra usted. Usted es advertido que si falla de hacerlo el caso puede
proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso
por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado
por Demandante. Ustedpuede perder dinero o propiedad o otros derechos importante para usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED
NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA
AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACI6N DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE
PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER
SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O
GRATIS.
Cumberland County Bar Association
32 S Bedford 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.
LINDSAY KENDZLIC
Defendant
NO. 09- Y39,3
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, Lindsay Kendzlic, is an adult individual with a last known address of
528 Market Street, Lemoyne, PA 17043.
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 Plaintiffs reasonable and repeated demands for payment, Defendant has
failed, refused and continues to refuse to pay all sums due and owing on Defendant's loan
account balance, all to the damage of Plaintiff.
16. As of December 2, 2009, the balance due, owing and unpaid on Defendant's loan
account with Plaintiff is the sum of Fourteen Thousand Seven Hundred Forty-two Dollars and
82/100 ($14,742.82).
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 Two Thousand Three
Hundred Sixteen Dollars and 56/100 ($2,316.56) 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,
Lindsay Kendzlic, in the amount of Seventeen Thousand Forty-one Dollars and 38/100
($17,041.38), 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; r/
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: ?Q e? r?d a &A AG e
Date: Ia -3 -09
Exhibit "A"
(
a
ADVANCE PROCEEDS VOUCHER
AND SECURITY AGREEMENT
PSELO m
J
Pennsylvania State
Employees Credit Union
P, O. Box 67013
Harrisburg, PA 17106-7013
717,234.8484
800.237.7328
LINDSAY KENDZLIC 6%
1101 LINDHAM COURT APT 812
MECHANISBURG PA 17055
11/20/2006
POSE:
DEALER PURCHASE
TRANSACTION [:] OPEN-END _
TYPE 1, a NEW LOAN 2 LOAN ADVANCE 3-E] (DESCRIBE) 4. [ EQHOME
UITY ADVANCE
r - W 11 ? - 1 ;1 ZVI 11
YOU HAVE PREVIOUSLY ELECTED TO HAVE THIS ADVANCE CREDIT DISABILITY SINGLE CREDIT LIFE JOINT CREDIT LIFE
INSURED WITH THE FOLLOWING COVERAGE YES ? NOE] YES ? NOJI YES ? NO FC1
(CHANGEI 0dRm8OAIJ'LY) ANNUAL PER- INTBRESTRATEIS AMOUNTRE4UESTED AMOUNT ADVANCED
P?bUSBALANCE NEW BALANCE
CENTAGE RATE +OTHERCHARGES
FIXED VARIABLE
.020520 07.490 % El
19
955
00
,
.
$0.00 19,955.00
PAYME
T
N
DUE DATE PAYMENT FREQUENCY PROJECTED LOANTERM
344.95 12/20/06 MONTHLY
SECURITY OFFERED
IF THIS IS A HOME EQUITY ADVANCE, THE ONLYSECURITY FOR THIS ADVANCE IS THE REAL PROPERTY ON MOST CASES YOUR HOME) WHICH YOU GAVE AS SECURITY WHEN YOUR ACCOUNT
WAS ESTABIJSHED
IF THIS IS NOT A HOME EQUITY ADVANCE, IN ADDITION TO THE PLEDGE OF SHARES IN YOUR LCANLINER? CREDIT AGREEMENT, THE FOLLOWING PROPERTY SECURES THIS ADVANCE
.
ITEM PROPERTY DEb'
. }i:: •;? .'vyEAj;•-,• rr _ .;•I?D: U BEH ?'i".?4?y'J+`• .4?.Y?'?"
1.
FORD EXPLORER 2002 1FMZU73E92UB03954 SW 16
085
00
3. ,
.
4, OTHER
YOU PLEDGE SHARES AND/OR DEPOSITS OF $ IN ACCOUNT NUMBER
OLD ACCOUNTA.OAN NUMBER (A) PAYOFF (PRINQ + INT•) OLD ACCOUNTA.OAN NUMBER (B) PAYOFF PRINC. + INT.) OLD ACCOUNTA.OAN NUMBER (C) PAYOFF (PRIM + INT
OLD A006 NIXOAN NUMBER D) PAYOFF (PRINQ + INT.) OLD ACCOUNTA.OAN NUMBER (E) PAYOFF (PRINO. + INT OLD ACCOUNT/LOAN NUMBER ( PAYOFF (PRINC. + INT.)
BY accepting the proceeds or by using the funds advanced and deposited Into your sharelshare draft account, you agree (1) that the property referenced above
WIN 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.
® CUNA MUTUAL RMUR 19K 82,$4, 89 e9, 9% 99, MOD, 01, 04. 06, ALL RIGHTS RESERVE) PENNSYLVANIA STATE EMPLOYEES CREDIT UNION FORM 83175 JVXX0100.1 037.2082-1 (11"
J
4
SCANNED_
ECURiTY AGREEMENT
this agreement all references to Credit Union or us
I e,
mean
Penn
lvania ate Employees Credit Union and anyone to wham
the Credit Union assigns the Cred it registration fees) due on the property.
Ireement which will be referred to as the Plan. All references to you, your, and If You do not pay the taxes or fees on the pperty when due or keep it insured, we may
person who signs this agreement. All references to the advance pay these obligations, but we
grower mean each are not requirreod to do so. Any money we spend for taxes,
can 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
rich may be used to lend l borrowers in all states except Louisiana and Wisconsin. merest on those amounts at the same rate you agreed to pay on the advance. We may
to receive payments in connection th . 8 from a THE SECURITY FOR THE LOAN - By signing this security agreement in the insurance. We may monitor bur loans for therpurpose of determining wlhe her you and
nature 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
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
:rest in the property described in the Security Offered section on the reverse side. (1) the insurance company's
security interest you give includes all accessions. Accessions are things which are with the insurance requirements , If we add amountstfor taxes, fees or insu an epto the
rched 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
udes 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.
ance or any extensions, renewals or refinancings of the advance. It also includes 8, NOTICE- If you do not purchase the required property insurance, the insurance
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 The
oerty. If the value of the property declines, you promise to give us more property property.
ecurity if asked to do so. insurance will not
fa itaaws insurance and will not satisfy any state financial
WHAT THE SECURITY INTEREST COVERS -The security Interest secures the responsibility or no fault laws.
trice and any extensions, renewals or refinancings of the advance, It also secures g' OtFAULt -You will be in default if you break any promise you make under this
other advances you have now or receive in the future underthe Plan and an other agreement. You will also be in default if you are in default under the Plan: If you are
ants or loans, including any credit card loan you owe n pledging property, but have not signed the Plan, you will be. in default if anyone is in
e future, except any loan secured b ' y us for any reason now or default who has signed the Plana
y your principal residence.. If the property is i0. WHAT HAPPENS IF YOU ;ehold hold U ARE IN DEFAULT - The ioll°win
goods as defined by the Federal Trade Commission Credit Practices Rule,
y will secure only the advance and not other amounts you owe. to borrowers in Colorado, District of Columbia, Iowa, Kansas, Aga "n1es
,ropert 3WNERSHiP OF THE PROPERTY - You promise that you own the property or are in defaulttan?d after expiration of any right you have under applicable state law t you
o
> advance 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
rse. You promise that no one else has any interest in or claim against the under the Plan without ruin
rrty that you have not already told us about. Ydu promise not to sell or lease the g9 You advance notice.
.rty to use if as security for l loan with another creditor until the advance is The following paragraph applies to borrowers in all other states. When you are in
i. 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
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
ROTEGTING THE SECURITY INTEREST - If your state issues a title for the payment, notice of intent to accelerate and notice of acceleration. '
rty, you promise to have our security interest shown on the title. We may have The following paragraphs appiy!° all borrowers;
what is called a financing statement to protect our security interest from the You agree the Credit Union has the right to rake possession of the property without
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
omise er 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
property. You promise to pay all costs, including but not limited to any attorney any other property not covered by this agreement that you leave inside the property
ve 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
permitted by applicable law, it available to you to claim.
'E OF PROPERTY- Until the advance has been paid off, you promise you will: After we have possession of the property, we can sell It and a
e the property carefully and keep it in good repair. amounts you owe us. We will give you notice of any public sale oP hehdate after which
(_) Obtain our written
Sion before making major changes to the property or changing the address a private sale will be held. Our expenses for takin
:he property is kept. (3) Inform us in writing before changing your address. (4) Properly will be deducted from the money received g possession and the
is to inspect the property. r Promptly notify us if the property is damaged, include the cost of storing the property
, reparing it for sale and attorney's t the
it abused. (G) Not use the property for any unlawful purpose. extent permitted under state law or awarded under he Bankruptcy Code. Thesrest of
NSUMERS' CLAIMS AND DEFENSES NOTICE -The following the sale money will be applied to what you owe under the Plan.
only when the box on reverse side is checked. g paragraph if you have agreed to pay the advance, you will also have to pay any amount that
E: ANY HOLDER OF THIS C014SUMER CREDIT CONTRACT IS advance remains and to unpaid what you owe nderth saagreemenntt..lYouta°ree to pay inbterr steonfthat
'CT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD amount at the same rate as the advance until that amount has been paid,
:T AGAMST THE SELLER OF GOODS OR SERVICES OBTAINED 11. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE AGREEMENT-- We can
THE PROCEEDS HEREOF. RECOVERY HEREUNDER by THE delay enforcing any of our rights under this agreement any number of times without
R SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR losing the ability to exercise our rights later: We can enforce this agreement against
NDER. your heirs or legal representatives. If we change the terms of the Plan, you agree that
this agreement will continue to protect us.
1PERTY INSURANCE, TAXES AND FEES - You must maintain property 12. CONTINUED EFFECTIVENESS - If an
e on all property that you give as security under the Plan. You may purchase a court to be unenforceable, the rest will rema nr in effe'cLagreemenf is determined by
'.rty insurance from anyone you choose who is acceptable to the Credit Union. 13. NOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VEHICLE -
unt and coverage of the property insurance must be acceptable to us. You THE MOTOR IN THIS TRANSACTIO14 MAY BE TO
ride the property insurance through a policy you already have, or through a REPOSSESSION vFFIT ISEREPOSSESSED AND SOLD TO SOMEONE ELSE,JAND ALL
u 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
liver, the policy or proof of coverage to us if asked to do so.
MAY HAVE TO PAY THE DIFFERENCE.
icel your insurance and get a refund, we have a right to the refund. If the 14. NOTICE FOR ARIZONA OWNERS OF PROPERTY- It is un,aw?ful for to fail is lost or damaged, we can use the insurance settlement to repair the return a motor vehicle that is subject to a se you
o f t to
)r apply it towards what you owe. You authorize us to endorse any draft or have received notice of default. The notice will be m(riled to tie address you days tartoaveer you
`
ch may be Ratable to you in order for us io collect an refu
us. It
your insurance to . Y also y fund or benefits is your responsibility to notify us if your address changes. The mr,Jmum penalty for
P ) ou also promise to pay all taxes and fees (like unlawful failure to return a motor vehicle is one Year in prison anrlP CPER i Y DESCRIPTION 'R
Fk? rFUrccF crr ? is or;c: ? ? ??? s.. ? or a `n? of $1 i0,OD0.
Pennsylvania • State Ernployeee-diedit Union "
pDBA.67013 . K"OW", AtAIWMQ 017717e•as""IWIQmare ND. 5796700
- A11700PAFT, . VOID OVER S-' 19 9$$:00 ; ?!;; REFERENCE' 8151489575 VOID 120 DAYS.AFfER 11/16/2006 -
'
r•' LPAY roTHE' C% ri rf Lri?i J 'i ??' ..j'i - +. ???jjj(((```,[[[+++???``` rrr
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ORDER OF (DEALER)
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swo i OrYUSele Ilraw Hd UeJ V.IVCNi) ab I?cwrY nve'c? R.U. Vends el
m.H W rac yed ?a•H[ Yr A-D'I, is reew?v<d sY cu. Ihi AulaOr.h wie te,.•
?aivi:d NoV.rhan oltW passed. ellM AUl.prJi Nen Ue Ped to the Bo...wer(J(
eY 1. eHr +S M / IK BHrawHlsl. The 4VI.GnIA .hall Mt W mW Is'pl2heu '
ane Wa1e0. mm?unid, cl.asic• N.II, edrep0. er Band ud.d wldcl.e ar r.Nd.e
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Exhibit "B"
DEC, 2. 2009 3:24PM PSECU N0, 0840 P. 2
i
PSEC PennsWvania Stato Employees Credit Union
P.O. Box 670TS o Harrisburg, PA 17106-7013 O (717) 234.8484 Harrisburg, (800) 237.7328 Nationwide
Loan Disclosures
This LOANLINERs Credit and Security Agreement, which includes the Truth in
Lending Disclosures, will be referred to se the Plan,The Plan documonls include this
agreement and an Addendum. You, your and borrower mean any person who signs
the Plan_ Credit union, we, our and us mean PSECU or anyone to whom ilia Credit
Union Iransfcrs its rights under the Plan.
HOW THIS PLAN WORKS - This Is an open-end, mulddoatured crodil plan. We
anticipate that, from time to time, you will borrow money (callod'advances") under
the Plan. We arc not required to make advances to you under the Plan and can
refuse a request for an advance at any time. The Addendum describes me
different types of credit (callod'subaccounis") available under ilia Plan, file current
Interest rate for each subaccounl expressed as a dally periodic role and
corresponding annual percentage rate and other charges. It may also have other
terms and a schedule for determining the payment amounts.
CREDIT LIMIT -- We may. but do not have to, establish a credit limit on certain
subaccounls. It a credit limii is set for a subaccount, you promise not to exceed the
established credit limit If you exceed the credit limit, you promise to repay
Immediately ilia amount which exceeds the credit limit.
REPAYMENT - You promise to repay all amounts you owe under the Plan plus
interest. Payments are due on the last day of the month unless we set a different day
at the limo of an advance. If the Addendum has no payment Schedule for a
subaccounl, your payment will be determined at the time of each advance,
Payments must include any amount past duo and any amount by which you have
exceeded any credit limit you have been given for a subaccounl. You may repay all
or park of what you owe at any time without any prepayment penalty. Even if you
prepay, you will still be required to make the regularly scheduled payments unless
we agree in writing to a change In the payment schedule. If you have a joint
sharedralt account, you will be responslble for paying all overdraft advances
obtained by a joint holder of the sharedralt account, Unless otherwise required by
law, payments will be applied to amounts owed under the Plan, in the manner the
Credit Union chooses.
PLAN ACCESS -You can obtain credit advances in any manner autliorized by us. If
we allow you to use your ATM/Dabit card to access the Plan, you may be liable for tie
unauthorized use of your ATM/Debit card. You will not be gable for unauthorized use
deaf occurs after you notify us, orally or in writing, of the loss, theft, or possible
unaulnorized use. It 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. II the card Is used to owain unauthorized
advances dveody from the Plan, your liability will not exceed $50. If the unauthorized
withdrawal is from a sharedrali account, your liability Is governed by the Regulation E
disdosurea you roceivad at the Gme you received your ATM/Debit cord, even if the
withdrawal results in an advance being made from your overdraft subaceount.
FINANCE CHARGE --The dollar amount you pay for money borrowed is called a
"finance charge' and begins on the date of each advance, A linance charge will be
computed separately for each separate balance under the Plan. To compula ilia
finance charge, the unpaid balance for each day since your last payment (or since
an advance If you have not yet made at payment) is multiplied by the applicable daily
periodic tale. The sum of tihese amounts is Ilia 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 subtracled 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 (or the Plan all shares and dividends and, if any,
all deposits and Interest In all joint end individual accounts you have with us now and
in Ilia future, If a specific dollar amount is pledged for an advance, we will freeze
shares in that account to ilia 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, Iiliode Island and
Massachusetts: We have a statutory lien on tie shares and dividends and, if any, die
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
bo?rowers:Tho statutory Ifen 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 haw if given as security.
Additional security for Ilia Plan may be required at ilia limo of an advance. If a
subaccounl identifies a type of property (such as "New Cars") you must give that
type of property as security when you gel an advance under that subaccounl. A
aubaecounl name such as "Other Sectired" means you must provide security
acceptable to us when you obtain an advance under that subaccounl. Properly you
give as security will secure all amounts owed under the Plan and all orlier loans you
have with us now or in the future, except any loan secured by your principal dwelling,
Properly securing other loans you have wNi us may also secure the Plan.
asCUNA LIUIUnt 61101,11, 1590, 2010, ALL WNTS 1 SEMD FA 0.
CREDIT INSURANCE - Credit file and/or credit disability insurance is optional
under the Plan. If you qualify lot and purchase the insurance from us, you authorize
us to add the Insurance premiums monthly to your loan balance and charge you
Interest on the entire balance. If you elect credit Insurance, your payments may
increase or the period of lime necessary to repay your advance may be extended.
The credit insurance rates may change during ilia Plan. If the rates change, we will
provide any notices required by applicable low.
PERIODIC STATEMENT, On a regular basis you will receive a stalemeol showing
all transactions under the Plan during the period covered by the' statement,
statements and notices will be sent to you of (lie most recent address you have
given us in writing. Unless applicable law requires nonce to each joint borrower,
notice to any brie of you will be notice to all.
JOINT ACCOUNTS - If this is a joint account, eacli of you is Individually and )olnily
responsible for paying all amounts owed. That means wo can enforce our rights
under the Plan against any one of you individually or against all of you together. If you
give us inconsistent instructions, we can refuse to follow your instructions. Unless our
written policy requires all of you to sign for an advance, each of you authorizes the
ether(s) to obtain advances Individually and agrees to repay advances made to ma
other(s). Any joint accounlholder may terminate the Plan by giving us prior written
notice, if any of you terminate the Plan, die Platt is terminated for all of you. You
remain liable Individually and jointly for all advances incurred before termination.
FEES AND CHARGES - n you give us a security Interest in certain types of
properly, we may charge you a filing fact to perfect our Interest In the property, If we
do, the arnounl of the fee will be disclosed to you at the dmo you obtain an advance.
We may also charge you other less in connection with the Plan. Our currant lees are
disclosed on the Addendum and will be added to your loan balance unless you pay
them In cash.
UPDATING CREDIT INFORMATION - You promise tint you will promptly give us
written notice it 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 informalion.
DEFAULT - The following paragraph applies to borrowers in Idaho, Kansas,
Maine and South Carolina: You will be in deloult it you do not make a payment of
the amount required when it is due. You will also be in default if we believe Into
prospect of payment, performance, or realization on any property given as security
is significantly Impaired.
The following paragraph applies only to borrowers in Wisconshi You will be In
default it you fall to make a payment when due two times during ally 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 malerfally impairs the condition, value.
or protocdoti of or our right in any properly you gave as security,
'l7re following paragraph opplles only to borrower,; In laws: 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 it you break any promise you made under [he Plan or it anyone is in
default under any security agreement made in connection with an advance under
the Plan. You will be In default if you die, file for bankruptcy, become Insolvent, if you
make any false or rnlsleading statements fit any credit application or update of credit
information, of it 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 aeourity is repossessed by someone also, seized under a forfeiture or similar
law, or it anything also happens that significantly alfects the value of the property or
our security interest in it.You will also be in default under file Plan if you are in default
under any other loan agreement with us.
ACTIONS AFTER DEFAULT - The following paragraph applies to borrowers h)
Colorado, District of Columbla, Iowa, Kansas, Maine, Massachusetts, Missouri,
Nebraska, South Carolina and West Virginia: When you are in default and after
expiration of any right you have under applicable stale law to cure your default, we can
demand Immediate payrpenl of Inc entire unpaid balanco under the Plan without
giving you advance notice.
The loildwing paregraph applies to borrowers In all other stale$ 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.
Tito following paragraphs apply to borrowers in all slates except Wisconsin and
Louisiana! Ii immediate payment is demanded, you will continue to pay interest until
what you owe has been repaid at the applicable interest rates in affect or, it applical:
CP&MOi PSECU FORM 43146
JDXX0601.2 037-2002.1 (9106)
DEC, 2.2009 3:24PM PSECU
LOANLIff Credit al)d Security Credl gXee ear (continued)
at (he default rale disclosed on ilia Addendum. If a demand for immedla o payment
has been made, your shares and/or ?ieposas can be apptl:d Icvrarda what you owe
i as provided In the section above called "Socurily." We can also everclse any other
I rights given by law whan you nra in default.
I You agree ilia Credit Union has the right to lake possession of any properly given
as security under the Plan, without judicial process, if this can be done without
breach of the peace. Ir we ask, you-promiso to deliver the properly at a time and
place we choose. If the property is a motor vehicle or boat, you agree dial we may
obtain a koy or other device necessary to unlock and operate It, when you are In
default. We will not be responsibte for any other property, not covered by this
Agreement, that you leave inside the property or that is attached to the property. We
will try to return that property to you or make It available for you to claim,
After we have possession of the property, we can Sall A and apply the money to any
amounts you owe us. We 41 give you notice of any public disposition or the dale after
which a private disposition will be held. Our expenses for taking possession of and
selling the property will be deducted from the money received from ilia sale. Those
costs may include Ilia cost of storing the properly, preparing it for sale and attorney's
fees to the extent permitted under state taw or awarded under the Bankruptcy Code.
You must pay any amount that romains 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, it applicable, at the default rate disclosed on the
Addendum, until that amount has been paid.
The following paragrsph applies only to Wisconsin borrowers: When you are In
default and after expiration of any right you hava under applicable stale law to cure your
default, we may require immediate payment of your outstanding loan balance under ilia
Plan and seek possession of property given as socurity. You may voluntarily give [he
properly to us if you choose, or we may seek to lake possession of the property by
judicial process. If we topossess the property, you agree to pay reasonable expenses
incurred In disposing of Ilia property. If file property is a motor vehicle, mobile home,
trailer, snowmobile, boat or alrcraft, you will also be required to pay any costs permitted
by Section 422A13 of the Wlaconain Statutes. You must pay any amount that remains
unpaid after Ole sale money lies been applied to whal you owe under Ilia Plan, You
agree to pay Interaat on any unpaid amount at the sauna rate as Ole advance, or, If
applicable, at the default rate disclosed on Ilia Addendum, until that amount Is paid,
If the property is located outside Wisconsin at the dmo of deraulk we may take
possession of ilia properly without judicial process, if permitted by the slate where
the property Is located.
The following paragraph apples only to Louisiana borrowers: When you are in
default, we can require immedialo payment (acceleration) of the enure unpaid
balance under the Plan.You waive any right you have to demand for payment, notice
of intent to accelerate and notice of aecaloratlon, If immediate payment Is
demanded, you will continue to pay interest until what you owe has been repaid at
the applicable Interest rates in effect unless a default rate is disclosed on the
Addendum. 11 a demand for Immediate payment has been made, the shares and
deposits given as security for the Plan can be applied towards what you owe. We
can also exercise any other rights given by law when you are in default and our
rights under any sccurlty 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
lime 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 or the Plan from Ome to time in accordance with Section 422A 15
or the Wisconsin Statutes. You will be notified of any change in terms. An increase
In the daily pariodlo 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 lime. You may cancel the Plan at any time by giving us prior written
notice. Your obligation to pay the unpaid balances under the Icrms 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 call change the
terms of the Plan from time to time after giving you any advance notice required by
law. A change That increases the rate of finance charge or other charge, that
increases the amount of your payments, or that otherwise adversely affects existing
balances will apply to existing balances only if you agree to the change or you use
the Plan after receiving notice that your use of the Plan means you agree the
change applies to existing balances.
The following paragraph applies to borrowers In all other status: We have the
right (o mange the terms of the Plan from time to time after giving you any advance
notice required by law, Any change in the interest rate will apply to future advances,
and at our discretion and subject to any requirements of applicable law, will also
apply to unpaid balances,
The following pAragraph applies to all but Wlaconsln borrowers: An increase in
the daily periodic rate under a variable Interest rare is not considered a change In
terms under the plan. We can cancel the entire Plan or any part of 1110 Plan at any
lime. You may cancel the Plan at any time by giving us prior written notice. Your
obligation to pay ilia unpaid balances under the terms of Give Plan continues whether'
you or the Credit Union cancel the Plan.
DELAY IN ENFORCING RIGHTS ANO CHANGES IN THE PLAN -We can delay
enforcing any of our rights under this Plan any number of times without losing the
NO. 0840 P. 3
ability to exercise our rights later. We can enforce this flail agoinsl your heirs or
legal representatives. If we change the lorms of the Plan, you agree that dlis Plan
will continue to protect us,
CONTINUED EFFECTIVENESS - if any part of this Plan is determined by a court
la be unenforceable. IRO rest will remnin in alloct.
NOTICE TO UTAH BORROWERS - This carillon agreemoid Is it final exprossion of
ilia agreement between you Ind the. Crt.rlil Union. This written agreement may not
be contradicted by evidence of any oral agreement.
The following is required by Vermont law- NOTICE TO CO-SIGNER - YOUR
SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE
FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY,
THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU,
The following paragraphs apply it you give security in connection with an
advance under the Plan.They apply to borrowers in all states except Louisiana.
Louisiana borrowers will execute o separate security agreement. Borrowers in
other states may also be asked to execute a soporate security agreement.
THE slaCURITY FOR THE PLAN - You give us what is known as a security
interest in all property described in any roceipl, voucher or other document you
receive for an advance ("the Advance"), The security interest you give Includes all
accessions. Accessions ate things which are attached to or installed In the properly
now or in the future, The security interest also Includes any replacements for the
properly whioli 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
Ilia property or from insurance you have on the property. If the value of the properly
doolines, you promise to give us more properly 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 recolvo 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 ally other amounts or loans,
including any credit card loan, you owe us for any reason now or In the future,
except arty loon secured by your principal residence. If Ino property is household
goods as defined by the Federal Trade Commission Credit Practices Rule, the
property MY secure only the Advance and not other amounts you owe.
OWNERSHIP OF THE PROPERTY -You promise that you own all properly you
give as security or If the Advance is to buy the properly, you promise you will use
the Advance for that purpose. You promise that no one else has any interest in or
claim against the properly that you have not already told us about.You promise not
to moll or lease the properly 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 properly
Insurance on all property that you give as security under ilia Plan. You may purchase
tho properly insurance from anyone you choose who is acceptable to the Credit
Union. The amount and coverage of the property Insurance must bd acceptable to
us, You may provide the properly insurance through a policy you already have, or
through a policy you gel and pay for. You promise to make the fnsuranoo policy
payable to us and to deliver the policy or proof of coverage to us if asked to do so.
It you cancel your insurance and get a refund, we have a right to the refund, It the
praporty Is lost or damaged, we can use the insurance settlement to repair the
properly or apply it towards what you owe, You authorize us to endorse any draft or
check which may be payable to you In order lot us to collect any refund or benefits
due under your insuranoo policy, You also promise to pay all taxes and lees (like
registration fees) due on ilia property.
If you do not pay the laxes or fees on the property when due or keep it insured, we may
pay these obligations, but we are not required to do so. Any money we spend for taxes.
fees or insurance will be added to the unpaid balance of the advance and you will pay
Interest on those amounts at the same rate you agreed to pay on the advance, We may
receive payments in connection with ilia insurance from a company which provides the
Insurance. We may monitor our loans for [he purpose of determining whether you and
other borrowers have compiled with the insurance requirements of our loan agreements
or may engage oiners to do so. The insurance charge added Io an advance may include
(1) the insurance company s payments to us and (2) the cost of determining compliance
with the insurance requirements, If we add amounts for taxes, Ices or Irreurance to ilia
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 aavtuice,
INSURANCE NOTICE - if you do not purchase the required properly Insurance,
the insurance we may purchase and charge you for will cover only our Interest in the
properly. The premium for this insurance may be higher because rte insurance
company may have given us the right to purchase insurance after uninsured
collateral is lost or damaged. The Insurance will not be liability insurance and
win not satisfy any slate financial responsibility or no fault laws.
PROTECTING THE SECURITY INTEREST - It your state Issues a title for the
properly you promise to have our sacurtty interest shown on the title. We cony have
to file wfial is tailed a financing statement to protect our security interest Irons Ilia
clalms of others. It asked to do so. you promise to sign a financing statement- You
also promise to do whatever else we Think is necessary to protect our security
Interest in the property. You promise to pay all costs. including but riot linilled to any
attorney fees, we incur in protecting our security Interest and rights in the property.
to the extent permitted by applicable law.
DEC. 2. 2009 3:24PM PSECU N0, 0840 P. 4
f
LOANLINER' Crsdif and Scourl Credit Aoroernent (con(frived)
penalty for unlawful failure to return a rhtolor Vehicle is one year in prison findior a
fine of S150,000.
USE OF PROPERTY - Until the Advance has boon paid off, you promise you will:
(1) Use tho property carefully and keep it to good repair. (2) Obtain our written
I permission before making major changes to Ilia property or changing the address
whore the proporly to kept. (3) inform us In writing before changing your addl ess, (4)
Allow us to inspect the property, (5) Promptly notify us it the property Is darnagod,
stolen or abused. (6) Not use tie property lot any unlawful purpose. (7) Not to retiuo
property in another state without telling us,
NOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VEHICLE
- THIS MOTOR VEHICLE IN THIS TRANSACTION MAY 13H SUBJECT TO
REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE,
AND ALL AMOUNTS DUE TO THE SECURED PARTY ARC NOT RECEIVED IN
THAT SALE, YOU MAY HAVE r0 PAY THE DIFFERENCE.
NOTICE FOR ARIZONA OWNERS OF PROPERTY -- It is unlawful for you to lail
to telurn 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 Ilia address you
gave us, it la 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 dlsorepancios or unauthorized transactions.
NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR
STATEMENT. It you think your statement IS wrong, or it you need more information
about a transaction on your statement, write us on a separate shoe) at Ilia address
listed on your statement. You are required to notify us in writing within 60 days
following the date on which we sent your statement wherein the error or problem
first appeared regarding any discrepancy or unauthorized transactions on your
account. Failure to notify us may result in your acceptance of any responsibility for
payment or reimbursement to us for any such orror 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 or the suspected error.
Describe the error and explain, it you can, why you believe there is an error,
II you need more information, describe Ilia 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 slop the payment your letter must reach us three business days berow 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
havo corrected the error by then. Within 90 days. we must either correct the error or
explain why wo 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 Vlsa 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 Iho
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
cartl, and this responsibility continues until the card is rocoverod. 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 immedfacety call the Credit Union at (717) 234-0404 or (600) 237-7326, After
hours call (600) 556.5679.
3. LIABILITY FOR UNAUTHORIZED USE-You agree to notify us immsdialely, orally
or in writing of the loss, thell or unauthorized use of your Credit Card. You may be liable
for the unauthorized use of your Credit Card, You will not be liablo for unauitwrizod use
that occurs after you notify us of tto loss, theft, or possible unauthorized usaAbu will have
no Ilabhlty 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 S50.
4. CREDIT LINE - If we approve your application, we will establish a sell-
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. Cach
payment you make on the account will restore your Credit Line by the amount of the
payment which is applied to the prlnclpal.Yeu may request an increase in your Credit
For those members who purchase a vehicle under the
DRIVe Program, please review the following FTC Notice:
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT
IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINST THE SELLER
OF GOODS OR SERVICES OBTAINED WITH THE
PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE
DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE
DEBTOR HEREUNDER.
Alter ws receive your letter, we cannot try to collect any amount you question, or report
you as delinquent. We can continua to send slatomenls to you lot the Amount you
question, Including nuance charges, and we can apply any unpaid amount against your
c(edlt limit. You do not have to pay any questioned amount While we, are invesligafrng,
but you are still obligated to pay the parts or your statotnent that are not in question.
It we find that we made a mistake on your statement, you will not have to pay any
llnance 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 miased
payments on the questioned amount. In eilhar case, we will send you a statement
of the amount you owe and the date that it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent,
However, if out explanation dons not satisfy you and you write to us within ten days
lolling us that you still refuse to pay, we must loll anyone we report you to that you
have a question about your statement. And, we must toll you the name of anyone
we reported you 10. We must tall anyone we report you to that the mailer has been
settled between us when it finally Is.
If we don't follow these rules, we can't collect rho first 350 of the questioned amount,
even If your statement was correct.
SPECIAL RULE FOR CREDIT CARD PURCHASES - II you have a problem with
the quality or property or services [hat you purchased with a credit card, dnd you
have bled 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 sarvices.There are two
Itmitabons on this right: (a) You must have made Ilse purchase In your home elate or,
it not within your home state, within 100 miles of your current malling address: and
(b) The purchase price must have been more than $50.
Thcso limitations do not apply It we own or operate the merchant, or if we mailed
you the advertisement for file property or services.
Line only by written application to us, which must be approved by ouroredli commliteo
or loan officer, By giving you written notice we may reduce your Credit Una from lima
to time, or with good cause, revoke your card and terminate this Agreement. Good
cause includes your failure to comply with [his Agreement or any other agreement with
us, or our adverse reevaluation of your creditworthiness. You may also terminals this
Agreement at any limo, but lorminatlon by either of us does not affecl 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 oreditors who Inquire
of us about your credit standing.
6. MONTHLY PAYMENT- We will may you a stalamonl every month showing your
Previous Balances or 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 dale,
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 sepanto
agreement you may authorize us to charge the minimum payment automatically to your
share or checking account with us. You may, or course, pay more fraquenty, pay more
than the Minimum Payment, or pay the Total New Balance in full, and you will reduce the
finance citarge by doing so. It your monthly payment exceeds the total credit line balance
awed, we will sulomalically past the credit to your S1 shares.
The minimum payment will be (a) 2% of your Total New Balance, rounded up to Iho
next even dollar, or (b) 620,00, whichever Is greater, In addition, at any time your 'rotal
New,Balance exceeds your Credit Line, you must Immediately pay the excess upon our
demand. We will apply payments in the following manner first to previous late fees,
than to previous cash advances Inane charges, lften to previous purchase finance
charges, then to oun'enl late fees, Ihen to previous cash advance balances, than to
previous purchase balances In the order Inal they were posted to your account, then
10 current cash advance balances, and then to current purchase belancas,
DEC, 2.2009 3:25PM PSECU
Vlsa' Credit Carr! Agreement find TrUth lrr Londfng Disclosure (continued)
7. FINANCE CHARGES - You can avoid the Finance Charge on purchases by
pnying the full amount of the New balance of Purchases each month within 25 days
of your statement closing dale. Opienvis% the New Balance of Purchases, and the
subsequent purchases from the date they are posted to your account, will be subject
to Finance Charge, Cosh advances are always subject to Finance Charge from the
dale they are posted to your lccoun(.
Purchases. We calculate your finance charge by multiplying the average adjusted
daily balance (see explanation below), including new purchases, for the billing cycle
by the monthly periodic purchase rate and corresponding ANNUAL PERCENTAGE
RATE as disclosed on the Addendum.
Cash Advances: We calculate your finance charge on cash advances by
multiplying 111e average adjusted daily balance (see explanation below) for cash
advances during the billing cycle by [tie monthly periodic advance rate and
corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum.
Balance Computation Method
Average Daily Balance for Purchases - The Average Daily Dalanco for Purchase
77ansacliens is calculated by adding the Dairy Balances (Purchase Transaction) for
each day In the billing cycle, and than dividing by the number of days in the billing
cycle. To calculate Ilia Daily Balance for purchases each day, we lake the following
steps: We take the outstanding balance (all amounts you owe) at Ilia start or the day.
Then, In Ilia 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 aeoount that day. Alter applying payments and credits, we subtract the
amount of any unpaid Flnanca Charges or Late Charges. Than we also subtract the
amount of any Cash advance transactions that posted to your account on [hat day or
in any previous day In the billing cycle.Thls gives us the Daily Balance rot purchases.
Average Daily /la/rutcr lot Cash Advances - Cash Advance Transactions which are
posted to your account are not included in the Average Daily Balance cWcUlallon for
purchases. and are therefore not Subject to Ilia monthly periodic rate for purchases, Tho
Average Dally Balance is calculated separately for Cash Advances and Is subject to the
Cash Advance Monthy Periodic fiate,Tho Average Daily Balance for Cash fransaetions
is calculated by adding the Daily Batanccs (Cash Transaction) for each day in the billing
oyele, and then dividing by the number of days in the billing cycle, To calculate the Dally
Daktnce for crush each day, we take the following steps: We take the outstanding balance
(all amounts you owe) at Iho start of the day. Then, In the sequence In which amounts
are posted to your account, we add ft amounts of all debits and subtract the amounts
of all credits or payments which post to your account [hat day. After applying payments
and credits, we subtract the amount of any unpaid Finw= 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 file 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, Ilion to
previous cash advances financo charges, then to previous purchase finance
charges, then to current late lees, 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 Iirsl to the particular type of debt which Is being credited, It any, and then
to the balance of your account.
Note also that It the total or the payments and credits which are posted to your
account by the Payment Due Dale shown on a statement Is equal to or exceeds the
Now Balance shown on that statement, we will not apply the monthly Porlocife Rata
to your Account on your next statement.
8. DEFAULT'--You will be In default if you fail to make any Minimum Payment wlthln
25 days after your monthly statetthent dosing dale. You authofae us to transfer funds
sufficient to matte 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 it the value of
our security intbrast materially declines. We have the right to demand immediate
payment of your full account balance It you default, subject to our giving you any
notice required by law. To the extent permitted by law, you will also be required to pay
our collection expenses, Including court costs and reasonable attorney fees.
9. USING THE CARD - To make a purchase or cash advance. more are Iwo
alternative procedures to be followed. One Is for you to present the card to a
parllclpaling visa plan merchant, or another financial Institution, and sign the sates
or cash advance draft which will be imprinted with your card.The other is to complete
the transaction by using your Personal Identification Number (PIN) in conjunction
with the card in an Automated Teller Machine or other type of electronic terminal lhal
provides access to the Visa aysiem. You agree that you will not use your card for any
transaction that is Illegal under applicable federal, slate, or local law. The monthly
statement will identify Ilia merchant, electronic terminal or financial Institution at
which transactions were made, but sale, cash advance. credit or other slips cannot
NO. 0840 P. 5
be returned with the statement, You will retain a copy of such slips furnished at tilt
time of the transaction in order to verify the monthly statement, Trio Credit Union ma)
make a reasonable charge for photocopies of slips you may r&quos(.
10. OVERDRAFT OPTION - 11 you elect to overdraft to your PSECU Visa Credi
Card, that election Is subject to ilia existlrg credit lima and the agreement k represent;:
and the current loan policy at the time of the overdraft, You also understand that or
overdraft will be considered the same as a cash advance on your PSECU Visa Credit
Card and that the current Annual Percenlago Rate for cash advances will apply,
11. RETURNS AND ADJUSTMENTS - Merchants and others who honor the card
may give credit for returns and adjustments, and they will do so by sending us a
credit sill) which we will post to your Visa line of credit. If your credit and payments
exceed what you owe us, we will automatically post the excess credit balance to
your S1 Shares within 75 days. If the balance is one dollar or more, upon yout
written request, we will refund the credit balance to you,
12. FOREIGN TRANSACTIONS - The exchange rare between die Iransaction
currency and the billing currency used for processing Inlerna0cinal transactions is a rate
selected by Visa from the range of rates available In wholesale currency markets for the
applicable central processing rule, which rate may vary from (lie rate Visa itself
resolves, or a government-mandated tale In effect for the applicable central processing
date. In each inslance, an adjustment may bo assessed based on the ISA fee imposed
by Visa This Ise, which totals 1 /a of the transaction amount, will be assessed on all
Iransaetiens 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 Irfed 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 850 and was made from a plan merchant in your State
within 100 miles of your home, contact PSECU.
14. DISPUTED TRANSACTIONS - You are required to notify PSECU in writing
within 60 days lollowfng the date on which we sent your statement wherein the error
or problam first appeared regarding any discrepancy or unaulhorized transaction on
your account. Telephoning PSECU does not preserve your dispute rights. You may
be required to provfda us with documentation to support your dispute claims. In
addition, you may be required to complole a standard dispute form outlining the
details of your dispute. In cases of fraudulent card use, PSECU will also roquire a
notarized affidavit. In some cases we may ask you to notify Ilia local authorities.
It we do not receive the proper requested docu ihentaiion in the lime specified you
may be held responsible for the lransaclion(s) in question. PSECU must adhere to
strict dispute Umeframos set forth by Visa.
15. SECURRY INTEREST - To secure your account, you grant us a purchaso
money security Interest under the Uniform Commercial Code In any goods you
purchase through the account. II 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 MonUtly 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 wllhdrawal of your unpledged credit union shares (Deposits)
below the unpaid balance of your account. However, if you give or have given trs a
specific pledge of your credit union ahares (Deposits) by signing the Pledge of
Shares or otherwise, or any other cocurlty Interests for aft 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 to 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 title to lime 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 Ilia 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 duo date, you will be subject to a S20 charge.
18. RUSH FEES - You may incur additional charges for rush processing and rush
delivery of cards and/or PIN mailor.
19. OVER LIMIT FEE -A S20 fee will be applied for each monthly statement closing dale
on which the outstanding balanea exceeds Iho assigned credit limit by more than $100.
20. DRAFT COPIES - You may incur an addlilonal charge for Iraosaelion
summary/sale draft documentation.
21. COPY RECVVEO -You acknowledge recelpt of a copy of this Agreement.
22, ILLEGAL TRANSACTIONS PROH181TED -- You agree that you Wit not use
your card for any transaction that is Illegal under applicable federal. stale. or local law.
23. NO USE - Inactive Visa accounts that have no purchase or cash activity may
be closed without notice to you after 18 months of no activity.
24. NEURAL NETWORK - PSECU uses neural network systems to predict and
prevent unauthorized transactions. There may be occasions when a transaction is
declined because it is indicative of possible fraudulent activity,
S EC U
DEC. 2. 2009 3:25PM P NO. 0840 P, 6
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(David D. Buell
Prothonotary
XirkS. Sohonage, ESQ
Solicitor
Renee X Simpson
I" Deputy Prothonotary
Irene E. Morrow
2nd Deputy Prothonotary
Office of the Prothonotary
Cumberland County, (Pennsylvania
&41SH43 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 30T' DAY OF OCTOBER, 2012, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R.C.P. 230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY