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HomeMy WebLinkAbout09-8394a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. Oq - g ?} ctv?l T", CREDIT UNION, Plaintiff VS. JOE J PROVENTUD III Defendant CIVIL ACTION -LAW NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S Bedford St Carlisle, PA 17013 717-249-3166 800-990-9108 Document #: 180057.1 EN LA CORTE DE ALEGATOS COM UN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES NO. CREDIT UNION, Plaintiff VS. JOE J PROVENTUD III 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 accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defenses o objeciones a las demandas puestas en contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Ustedpuede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACI6N DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACI6N ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 S Bedford St Carlisle, PA 17013 717-249-3166 800-990-9108 Document #: 180057.1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff VS. JOE J PROVENTUD III Defendant NO. 4 9- Y 3 y Cun-? I ovr- 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, Joe J Proventud III, is an adult individual with a last known address of 305 High Street, Summerdale, PA 17093. 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 Document #: 180057.1 and correct copy of said Loanliner Advance Proceeds Check is attached hereto, incorporated herein and marked as Exhibit "A". 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. Document #: 180057.1 14. Defendant has not objected to any of the monthly statements of account submitted by Plaintiff to Defendant. 15. Despite Plaintiff's reasonable and repeated demands for payment, Defendant has failed, refused and continues to refuse to pay all sums due and owing on Defendant's loan account balance, all to the damage of Plaintiff. 16. As of December 2, 2009, the balance due, owing and unpaid on Defendant's loan account with Plaintiff is the sum of Thirteen Thousand Nine Hundred Thirty-seven Dollars and 23/100 ($13,937.23). 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 Hundred Sixty-seven Dollars and 44/100 ($2,067.44) 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, Joe J Proventud III, in the amount of Sixteen Thousand Four Dollars and 67/100 ($16,004.67), 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. C By: k"vda Melissa L. Van Eck, Esquire Attorney I.D. No. 85869 P.O. Box 6662 Harrisburg, PA 17112 717.540.5406 Document #: 180057.1 VERIFICATION I, Gregory R. Diffenderfer, Manager of the Pennsylvania State Employees Credit Union verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Pennsylvania State Employees Credit Union By: Title: Date: l? -? Qq Exhibit "A" .y KAMM ADVANCE PROCEEDS VOUCHER AND SECURITY AGREEMENT , Pennsylvania State Employees Credit Union PSECO . R0. Box 67013 Harrisburg, PA 17106-7013 (717) 234-8484 the financial link,•M (800) 237-7328 MEkIHERNAWE - ??.' " ` ;:s:r? jf)ATFy'• ? ::".;: MEMBERACGQ?JJtT,iVU'MBER'-:: :jj0)E,Nt1fRE JOE J PROVENTUD III?f 7/17/2006 4145 SPRING VALLEY ROAD n? HARRISBURG, PA 17109 PURPOSE: Dealer Purchase TRANTYACTION [1 EW LOA ? -END OPEN [] ESQ ? 1. N 2 N LO AN ADVANCE 3. O RIBE) 4. EQUITY ADVANCE YOU HAVE PREVIOUSLY ELECTED TO HAVE THIS ADVANCE CREDIT DISABILITY SINGLE CREDIT O IFIi? JOINT El CREDIT LIF l t b INSURED WITH THE FOLLO WING COVERAGE YES E No Y S r_1 YS No DAILY PERIODIC RATE (CHANGE IN TERMS ONLY) ANNUAL PER- INTEREST RATE IS AMOUNT REQUESTED +OTHERCHARGES " AMOUNT ADVANCED PREVIOUS BALANCE NEW BALANCE 0177808 CENTAGE RATE 6 490 FIXED I VARIABLE ?' 27 000 00 00 0 - 27 000 00 . % . , . . , . PAYMENT DUE DATE PAYMENT FREQUENCY PFWECTED LOAN TERM 400.85 8/16/2006 Monthly SECURITY OFFERED FTHIS 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 ESTABLISHER IF THIS IS NOTA HOME EQUITY ADVANCE, IN ADDITION TO THE PLEDGE OF SHARES IN YOUR LOANLINER' CREDIT AGREEMENT, THE FOLLOWING PROPERTY SECURES THIS ADVANCE. ITEM PROPERTY. '': a?fdC)DE t.+ i : :.VEkFt!.. ?"r%/ 1, NISSAN AXIMA 2006 1N4BA41E56C806470 SDN 25,120.00 2 a 4. OTHER YOU PLEDGE SHARES ANDIOR DEPOSITS OF $ IN ACCOUNT NUMBER OLDAOCOUNTILOANNUMBER (A) PAYOFF (PRINC,+INT.) OLDACCOUNTA.WINNUMBER B PAYOFF PRINC.+INT.) OLDACCOUNTA-OANNUMBER PAYOFF PRINC.+INT.) OLD ACCOUNTA.OAN NUMBER O PAYOFF PRINC,+ INT. OLD ACCOUNrILOAN NUMBER (E) PAYOFF PRINC.+ IN7) OLD ACCOUNTA.OAN NUMBER F) PAYOFF (PRINC. + INT.) By accepting the proceeds or by using the fluids advanced and deposited Into your share/share draft account, you agree (1) that the property referenced above will secure the advance and any other advances you have now or receive In the future under the LOANLINER• Credit and Security Agreement (the Plan) and any other amounts you owe us for any reason now or in the future in accordance With the terms of the Plan and (2) to make payments as disclosed above in accordance with the terms of the Plan. ® CURIA MUTUAL GROUP, 1200, 82,04, 9Q 09, 90, 99, 2000.01, 04, ALL RIGHTS RESERVED PENNSYLVANIA STATE EMPLOYEES CREDIT UNION FORM 03175 JVXX01G0.1 m--1^2-1 (4104) - , n / P AN E rr v- I ECURITY AGREEMENT this agreement all references to Credit Union, we, our, or us means Pennsylvania registration fees) due on the property. ate Employees Credit Union and anyone to whom the Credit Union assigns the Credit Ireement which will be referred to as the Plan. All references to you, your, and I pay do not pay the taxes or tees on the property when due or keep it insured, we may grower mean each person who signs this agreement. All references to the advance p Y these obligations, but we are not required to do so. Any money we spend-for taxes, .an 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 to borrowers in all states except Louisiana and Wisconsin. inreceive payments In terest on those amounts at the same rate you agreed to pay on the advance. We may THE SECURITY FOR THE LOAN - By signing this security agreement in the insurance. We may monitor tour loans for therpurpose of determining wrhe hervlou 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. (i) the insurance company's payments to us and (2) the cost of determining compliance security interest you give includes all accessions. Accessions are things which are with the insurance requirements. If we add amounts for taxes, fees or insurance to the itched 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 g, NOTICE - if you do not purchase the re uired roerty money you receive from selling the property or from insurance you have on the may p q p P nit insurance, the insurance 3erty. If the value of the properly declines, you promise to give us more we ma urchase and charge you for will cover only our interest in the property. The security if asked to do so. property insurance will not be it laws. insurance and will not satisfy any state financial WHAT THE SECURITY INTEREST COVERS The security Interest secures the responsibitfty or no fault fawn. trice and any extensions, renewals or refinancings of the advance. It also secures s' DEFAULT -You will be in default if you break any promise you make under this other advances you have now or receive in the future under the Plan and any other agreement You will also be in default if you are in default under the Plan: If you are unts or loans, including any credit card loan, you owe us for any reason now or pledging property, but have not signed the Plan, you will be. in default if anyone is in e future, except any Than secured b default who has signed the Plana y your principal residence.. If the property is 10 WHAT HAPPENS IF YOU ARE IN DEFAULT - The followin ehold goods as defined by the Federal Trade Commission Credit Practices Rule, to borrowers in Colorado, District of Colu mbia, Iowa, 11appiies ;holdiy will secure only the advance and not other amounts you owe, , Kansas, paragraph 9aine, OWNERSHIP OF THE PROPERTY -You promise that you own the or Massachusetts, Missouri, Arebraska, South Carolina and West Virginia; When you > advance is to buy the property are in default and after expiration of any right you have under applicable state law to Y property, you promise you will use the advance for that cure your default, we can require immediate payment of your outstanding balance )se. You promise that no one else has any interest in or claim against the under the Plan without giving you advance notice. :rty that you have not already told us about Ydu promise not to sell or lease the :rty that to use if as security for a loan with another creditor until the advance is The following paragraph applies to borrowers in all other states; When you are in 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 rty either by your actions or by operation of law. Plan and take possession of the property. You walve 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 fallowing paragraphs apply to all borrowers; what is called a financing statement to protect our security interest from the You agree the Credit Union has the right to take possession of the property without 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 omfse er whatever else w, 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 to do 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 properly, We will try to return that property to you or make permitted by applicable law, it available to you to claim. >E 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. air. h+ you , amounts you owe us. We will give you notice of a Ppty the money to any p g P (2) Obtain our tt„ n any public sale or the date after which slob before making major changes to the property or changing the address a private sale will be held. Our expenses for taking possession of and selling the .he property is kept. (3) Inform us in writing before changing your address. (q) Properly will be deducted from the money received from the sate. Those costs may is to inspect the property. (5) Promptly notify us if the property is damaged, include the cost of storing the property, preparing it for sale and attorney's fens to the )r abused. (6) Not use the property for any unlawful purpose. extent permitted under state law or awarded under the Bankruptcy Code. The rest of NSUMERS` CLAIMS AND ?EFENSES NOTICE -The loiiawin 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 CONSUMER CREDIT CONTRACT IS 'CT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD T AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE R SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR NDER. )PERTY INSURANCE, TAXES AND FEES - You must maintain property e on all property that you give as security under the Plan. You may purchase '.rty insurance from anyone you choose who is acceptable to the Credit Union. Lint and coverage of the property insurance must be acceptable to us. You nde the property insurance through a policy you already have, or through a u get and pay for. You promise to made the insurance policy payable to us liver the policy or proof of coverage to us if asked to do so. icel your insurance and get a refund, we have a right to the refund. If the is lost or damaged, we can use the insurance settlement to repair the )r apply it towards what you owe. You authorize us to endorse any draft or ch may be payable to you in order for us to collect any refund or benefits your insurance policy. You also promise to pay alt taxes and fees (like Pi- Iv 1 r remains unpaid after the sale money has been applied to the unpaid balance of the advance and to what you owe under this agreement. You agree to pay interest on that amount at the same rate as the advance until that amount has been paid. 11. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE AGREEMENT -- We can delay enforcing any of our rights under this agreement any number of times without losing the ability to exercise our rights later. We can enforce this agreement against your heirs or legal representatives. If we change the terms of the Plan, you agree that this agreement will continue to protect us. 12. CONTINUED EFFECTIVENESS - If any part of this agreement is determined by a court to be unenforceable, the rest will remain in effect. 13. NOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VEHICLE - THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT TO REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE, AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN THAT SALE, YOU MAY HAVE TO PAY THE DIFFERENCE. 14. NO T ICE FOR ARIZONA 01NNERS OF PROPERTY- ii is unlawful for you to fail to return a motor vehicle that is subject to a security interest, vvithin thirty days after you have received notice of default. The notice will be mailed to the address you gave us. It is your responsibility to notify us if your address changes. The maximum penalty for unlav,dul failure to return a motor vehicle is one year in prison and/or a `ine of $150,000 - _ - ' is _ 'r er : ? .. ....+.: .. .; '. .• a ifi ? ..',r. .. ,j.. Pennsylvania -State Employees{-rCredit Union .' 5479740 ? . PO Box 17013' s Har1er' wV, PA 17105.7013 a (717) 73+4444 or(000) 237.7378 No '4UTODRAFTVOID OVER REFERENCE ± 8203551083, 'VOID 120 DAYS AFTER 0710512006 ';, 1'? . ? . .'a•?.,.?? f, `i;_;` PAY . TOTHE, 'ORDER .IDEALERr.' / A-Alt OLLARS MEMBER_ENDORSEMENT, ,. •By endorsing this.AutoOra}t•iJWe agree to;the t'etmi iisted;on the reverse sid 1'., •? ,+?: t r? iy? of the iliatL?CotnPfsti the Ioioviing fePiyment,infomvlbn: .Term lm.;rAif ' ROW to M.Amrm Terms In the M? tot Vstids Leans Brachtae. r ••.,•? '.t, •:' Method; ? Auto Transfer ? Hometmairq 13 Payroll ]a Montlvv Coupon ? Direct Payment frequency; ?••uentNy ?.&;W" ?.W ndiT ... . Member Endortiertlent • , r ?r ;t'•' JOE 1 PROVENTUD 111, Co -Applicant Endorsement ' NO CO'nreucANr III S47!974011' 1: 231,38141,61: 3 1, 0 2 7 390 14"" 44 0r0002700000,1' IMPORTANT-:'VOID'UNLESS DEALER ENDORSEMENT COMPLETED : t f a o v e F S V d ,' O d i o H erre as) an f et n v aki IN.* W4 Used rv ole. R1 VON St l Rf uvw r " I S muribe reedved Ee?aa the AutoDiaft lrituiveC bJ PSECiI of the AutoDnft wi0 be fitutned. No portinrLe(ths proeeediof 0% AutoDraft shall bs, piid to the 80n071 tt? Or to any spent of,ths Borrowerlsl. Th1s AutoOrafl'sfiJ not bi used to purohaee remstrueted, eommerdal, clusic, Mdt, ?Wvsged. or flood tided vshides or vehldes ddad WOW iho United Soto: By'acceptfri the ltl ce4ds of this draft, you agree to tt6 terms fined on 04 reveres tidal' "I, ' f r• PSECU FA%/ 7 f 7-)87.8363 •• ar : f, Mil " 1110,? 7m LAO CA' 9% 0,"4 PHONE NL*A*rA 2 =M m ' SN 33648 071706 617 02 =` 3 ? $4>i^ 2p !? Hf'''?.-ssg r ??gtt? ?C S 4 r ?aS $ 9 z0 - ag g? -ate =% "=m t ?y4 tta.z. m T? F 1.'51 a;_er'S o I'$f =40 :;0 nCTON faff M3130RM --- - - - '- , -161W111k•-- 16, 1 ? ;SOEf.,?1<3 2 :a -a, u, ? - vfJ)--I_ -?4r a N 3a 7 0 ' ;.2 ; 15' &AIL.¦°o9 a , -4 DO , sa $ $ O 0 = ii a _.z _ n fl, Z@ 3 ? s e O s S?1 i%?LC? ', a +? C P a T• <o?? % 2. Nis vc-01 ccn 9:'1n?! a 00 ao HIM o3°a 1$11.0 OR a aa s5 qt 11 oggC tt3 7355_ got0mZ rmT-'--- ? p-p¦ ;_ - t>_w O _ 1.2MIL3l 002- • 9a -e mr :gm9 3'9 -Js-llvm)02 t. -M y0- t Zfo e Om x:`tlY5. moo In i Exhibit "B" _..-DEC, 2. 2009 PSE(#v, the gnanclal linke J ,26PV ---PSECU - NO 0841 P. 2/7 Pennsyiy _ 1i SM edif Iffiadh P.O. Oox 6?013 © Harrisburg, PA 17106.7013 ® (717) 234"8464 Harrisburg, (800) 237.7328 Nafionwido Lean Disclosures This LOANLINEW Credit and Security Agreement, which includes the Truth in Lending Disclosures, will be referred to as the Plan. The Plan documents include this agreement and an Addendum. You, your and borrower mean any person who signs the Plan. Credit union, we, our and us mean PSECU or anyone to whom the Credit Union transfers its rights under the Plan. HOW THIS PLAN WORKS - This Is an open-end, multi•fcaiured credit plan. We anticipate that, from time to time, you will borrow money (called "advances") under the Plan. We are not required to make advances to you under the Plan and can refuse a request for an advance at any time. The Addendum describes the different types of credit (called "subaccounts") available under the Plan, the current interest rate for each subaccount expressed as a daily periodic rate and corresponding annual percentage rate and other charges, it may also have other terms and a schedule for determining the payment amounts. CREDIT LIMIT - We may,. but do not have to, establish a credit limit on certain subaccounts. If a credit limit is set for a subaccount, you promise not to exceed the established credit limit. If you exceed the credit limit, you profnise to repay Immediately the 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 time of an advance. If the Addendum has no payment schedule for a subaccount, your payment will be determined at the time of each advance. Payments must include any amount past duo and any amount by which you have exceeded any credit limit you have been given for a subaccount You may repay all or part of what you owe at any time without any prepayment penalty. Even it you prepay, you will stilt be required To make the regularly scheduled payments unless we agree in writing to a change in the payment schedule. If you have a joint sharedraft account, you will be responsible for paying all overdraft advances obtained by a joint holder of the sharedraft account. Unless otherwise required by law, payments will be applied to amounts owed under the Plan, in the manner the Credit Union chooses. PLAN ACCESS -You can obtain credit advances in any manner authorized by us. It we allow you to use your ATM/Deblt card to access the Plan, you may be liable for the unauthorized use of your ATM/Debit card. You will not be liable for unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft, or possible unauthorized use. If you believe your 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. 11 the card is used to obtain unauthorized advances directly from the Plan, your liability will not exceed $50. If the unauthorized withdrawal is from a sharedraft accoun4 your (lability, is govemed by the Regulation E disclosures you received at the time you received your ATM/Debit card, even If the withdrawal results in an advance being made from your overdraft subaccount. FINANCE CHARGE - The dollar amount you pay for money borrowed Is called a 'finance charge" and begins on the date of each advance. A finance charge will be computed separately for each separate balance under the Plan. To compute the finance charge, the unpaid balance for each day since your last payment (or since an advance if you have not yet made a payment) is multiplied by the applicable daily periodic rate. The sum of these amounts is the finance charge owed. The balance used to compute the finance charge is the unpaid balance each day after payments and credits to that balance have been subtracted and any additions to the balance have been made. In addition to interest, we may charge other finance charges which era disclosed on the Addendum. If the interest rate is a variable interest rate, the Addendum explains how the variable interest rate works. SECURITY -You pledge as security for the Plan all shares and dividends and, it any, all deposits and interest in all joint and Individual accounts you have with us now and in the future. If a speelft dollar amount is pledged for an advance, we will freeze shares in that account to the extent of the outstanding balance for the advance. Otherwise, your pledged shares may be withdrawn unless you are in default. The following paragraph applies In all states except in Ohio, Rhode Island and Massachusetts: We have a statutory lien on the shares and dividends and, if any, the deposits and Interest in all Individual and joint accounts you have with us and may exercise our rights under the lien to the extent permitted by state law. (We are slate chartered if our name does not Include the term "Federal Credit Union') For all borrowers: The statutory lien and/or your pledge will allow us to apply the funds in your account(s) to what you owe when you are in default. The statutory lien and your pledge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as security. Additional security for the Plan may be required at the time of an advance. If a subaccount identifies a type of property (such as "New Cars") you must give that type of property as security when you get an advance under that subaccount. A subaccount name such as "Other Secured" means you must provide security acceptable to us when you obtain an advance under that subaccount, Property you give as security will secure all amounts owed under the Plan and all other loans you have with us now or in the future, except any loan secured by your principal dwelling. Property securing other loans you have with us may. also secure the Plan, d CUNA MUTUAL GROUP, 1080.2006, ALL nIGHTS RESEavEO R, 9; CREDIT INSURANCE - Credit life and/or credit disablllly insurance is optional under the Plan. if you qualify for and purchase the insurance from us. you authorize us to add the insurance premiums monthly to your loan balance and charge you interest on the entire balance, If you elect credit Insurance„ your payments may Increase or the period of time necessary to repay your advance may be extended. The Credit Insurance rates may change during (lie Plan. If the rates change, we will provide any notices required by applicable law. PERIODIC STATEMENT - On a regular basis you will receive a statement snowing all transactions under the Plan during the period covered by the statement, Statements and notices will be sent to you at the most recent address you have given us in writing. Unless applicable law requires notice to each joint borrower, notice to any one of you will be notice io all. JOINT ACCOUNTS - If this is a joint account. each of you is individually and jointly responsible for paying all amounts owed. That means we can enforce our rights under the Plan against any one of you individually or against all of you together, It you give us inconsistent instructions, we can refuse to follow your instructions. Unless our written policy requires all of you to sign for an advance, each of you authorizes the other(s) to obtain advances Individually and agrees to repay advances made to the olhar(s), Any joint accountholder may terminate the Plan by giving us prior written notice. if any of you terminate the Plan, the Plan is terminated for all of you. You remain liable individually and jointly for all advances incurred before termination. FEES AND CHARGES - If you give us a security interest in certain types of property, we may charge you a filing fee to perfect our interest in the property, If we do, the amount of the fee will be disclosed to you at the time you obtain an advance. We may also charge you oilier fees in connection with the Plan. Our current fees are disclosed on the Addendum and will be added to your loan balance unless you pay them in cash, UPDATING CREDIT INFORMATION -You promise that you will promptly give us written notice If you move, change your name or employment, or it any other information you provided to us changes. Upon our request, you also agree to provide us updated financial Information. DEFAULT - The following paragraph applies to borrowers ht Idaho, Kansas, Maine and South Carolina. You will be in default if you do not make a payment of the amount required when It is due. You will also be in default if we believe the prospect of payment, performance, or realization on any property given as security is significantly impaired- The following paragraph applies only to borrowers in Wisconsin: You will be in default If you fall to make a payment when due two limes during any 12 month pedod.You will be in default if breaking arty promise made under the Plan materially impairs your ability to repay what you owe or materially impairs the condition, value, or protection of or our right in any property you gave as security. The following paragraph applies only to borrowers In lows., 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 ba In default if you do not make a payment of the amount required when it is due. You will be in default if you break any promise you made under the Plan or if anyone is in default under any security agreement made in connection with an advance under the Plan.You will be in default if you die, file for bankruptcy, become insolvent, if you make any false or misleading statements In any credit application or update of credit information, or If something happens we believe may substantially reduce your ability to repay what you owe. You will be In default If any property you have given us as security is repossessed by someone else, seized under a forfeiture or similar law, or if anything else happens that significantly affects the value of the property or our security interest in it. You will also be in default under the Plan it you are In default under any other loan agreement with us, ACTIONS AFTER DEFAULT- rho following paragraph applies to borrowers in Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts, Missouri, Nebraska, South Carolina and West Virginia: When you are in default and after expiration of any right you have under applicable state law to cure your default, we can demand immediate payment of the entire unpaid balance under the Plan without giving you advance notice. The following paragraph applies to borrowers In all other states except Wisconsin and Louisiana. When you are In default, we can require immediate payment (acceleration) of the entire unpaid balance under the Plan, You waive any right you have to demand for payment, notice of Intent to accelerate and notice of acceleration. The following paragraphs apply to borrowers in all states except Wisconsin and Louisiana: If immediate payment is demanded, you will continue to pay interest until what you owe has been repaid at the applicable Interest rates in effect or, if applicable. CPSM01 PSECU FORM X31488 J8XXOeor-2 0374092-1 (3106 DEC, 2.2009 3:26PM PSECU NO. 0841-P. 3/7- -- LO NLi ER' edit and Secant Credit A ice ant (continued) mart at the default rate disclosed on the Addendum- If a demand for immediate payment has been made, your shares and/or deposits can be applied towards what you owe as provided in the section above called "Security" We can also exercise any other rights given by law when you are in default. ' You agree the Credit Union has the right to take possession of any property given as security under the Plan, without judicial process, if this can be done without breach of the peace. If we ask, you promise to deliver the property at a time and place we choose, it the property is a motor vehicle or boat, you agree that we may obtain a key or other device necessary to unlock and operate it, when you are In default. We will not be responsible for any other property, not covered by this Agreement, that you leave inside the property or that is attached to the property. We will try to return that property to you or make it available for you to claim. to any we have possession of the property, we can sell It and apply the money y amounts you owe us. We will give you notice of any public disposition or the dale after which a pdvate disposition will be held. Our expenses for taking possession of and selling the property will be deducted from the money received from the sale. Those costs may include the cost of storing the property, preparing it for sale and attorney's fees to the extent permitted under state law or awarded under the Bankruptcy Code. You must pay any amount that remains unpaid after the sale money has been applied to any unpaid balance under the Plan, You agree to pay interest on that amount at the same rate as the advance, or, if applicable. at the default rate disclosed on the Addendum, until that amount has been paid. The following paragraph applies only to Wisconsin borrowers: When you are in default and after expiration of any right you have under applicable state law to cure your default, we may require immediate payment of your outstanding loan balance under the Plan and seek possession of property given as security. Y6u may voluntarily give the property to us if you choose, or we may seek to take possession of the property by judicial process. If we repossess the property, you agree to pay reasonable expenses ironed in disposing of the property. If the property is a motor vehicle, mobile home, b'arler, snowmobile, boat or aircraft, you will also be required to pay any costs permitted by Section 422,413 of the Wisconsin Statutes. You must pay any amount that remains unpaid after the sale money has been applied to what you owe under the Plan. You enforcing any of our rights under this Plan any number rbility to exercise our rights :.er. We can enforce this plan thalrlhislPlan agree to pay interest on any unpaid amount at the same rate as the advance. or, if applicable, at the default rate disclosed on the Addendum, unfit that amount is paid. It the property is located outside Wisconsin at the time of default, we may take possession of the property without judicial process, II permitted by the state where the property is located. The following paragraph applies only to Louisiana borrowers: When you are in default, we can require immediate payment (acceleration) of the entire unpaid balance under the Plan.You walve any right you have to demand for payment, notice of intent to accelerate and notice of acceleration, if immediate payment is demanded, you will continue to pay Interest until what you owe has been repaid at the applicable interest rates in effect unless a default rate is disclosed on the Addendutm if a demand for immediate payment has been made, the shares and deposits given as security for the Plan can be applied towards what you owe. We can also exercise any other rights given by law when you are in default and our rights under any tecurily agreements you have with us, Iles CANCELLING OR CHANGING THE PLAN - The following paragraph app only to bomwers in 119nofs: We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change to the interest rate or other charges will apply to future advanoes. The following paragraph applies only to borrowers In Wisconsin: We can change the terms of the Plan from time to time In accordance with Section 422.415 of the Wisconsin Statutes. You will be notified of any change In terms- An increase In the daily periodic rate under a variable rate interest rate Is not considered a change in terms under the Plan. We can cancel the entire Plan or any part of the Plan at any time. You may cancel the Plan at any lime by giving us prior written notice. Your obligation to pay the unpaid balances under the terms of the Plan continues whether you or the credit union cancel the Plan, except to the extent that your liability is limited by Section 422.4155 of the Wisconsin Statutes- 71re following paragraph applies only to borrowers In Iowa: We can change the terms of the Plan from time to time after giving you any advance notice required by law. A change that increases the rate of finance charge or other charge, that increases the amount of your payments, or that otherwise adversely affects existing balances will apply to existing balances only if you agree to the change or you use the Plan alter receiving notice that your use of the Plan means you agree the change applies to existing balances. The following paragraph applies to borrowers In all other states: We have the right to change the terms of the Plan from time to lime after giving you any advance notice required by law. Any change in the interest ri apply to future advances also and at our discretion and sublect to any requirements of applicable apply to unpaid balances. The following paragraph applies to all but Wisconsin borrowers: An increase It the dally periodic rate under a variable Interest rate is not considered a change it terms under the Plan. We can cancel the entire Plan or any part of the Plan at sill time. You may cancel the Plan al any time by giving us prior written notice. You obligation to pay the unpaid balances under the terms of the Plan continues whethe you or the Credit Union cancel the Plan. DI^LAY IN ENFORCING RIGHTS AND CHANGES IN THE otPLA without losing IN egat representatives. If we change the terms of the Plan, you agree vill continue to protect us. :ONT'NUED E12FECTIVENF-SS - If any part of this Plan is determined by a court o be unenforceable, the rest will remain in effect. "OT1CE TO l1TAH BORROWERS --This written agreement is a final expression of the agreement between you and the Credit Union. This written agreement may not oe Contradicted by evidence of any oral agreement. The i40ZIng is required by vermant law - NOTICE TO 00-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 PIan.They apply to borrowers In all states except Louisiana, Louisiana borrowers will execute a separate security agreement. Borrowers in other states may also be asked to execute a separate security agreement. THE SECURITY FOR THE PLAN - You give us what is known as a security interest in all property described in any receipt, voucher or other document you receive for an advance ("the Advance"). The security interest you give includes all accessions. Accessions are things which are attached to or installed in the properly now or In the future. The security Interest also includes any replacements for the property which you buy within 10 days of the Advance or any extensions, renewals or refinancing of the Advance. It also includes any money you receive from selling the property or from insurance you have on the property. If the value of the property declines, you promise to give us more property as security if asked to do so. WHATTHE SECURITY INTEREST COVERS/CROSS COLLATERAL PROVISIONS --The security interest secures the Advance described in the receipt voucher or any other document you receive at the time of the Advance and aany dvances extensions. have now or refinancings of the Advance. It also secures any you or receive in the future under the Plan and an)f. other amounts or loans, including any credit card loan, you owe us for any reason now or in the future, except any loan secured by your principal residence. It the property Is household goods as defined by the Federal Trade Commission Credit Practices Rule, the property will secure only the Advance and not other amounts you owe, OWNERSHIP OF THE PROPERTY -You promise that you own all property you give as security or 'rf the Advance is to buy the property, you promise you will use the Advance for that purpose. You promise that no one else has any interest in or claim against the property that you have not already told us about. You promise not to sell or tease the property or to use it as security for a loan with another creditor o by operation security interest or until the Advance is repaid, You promise your will allow no other Ilan to attach to the properly either by Yo must PROPERTY INSURANCE, TAXES Aa 13 FEES - Yohe Planmaintain You may purchase insurance on all property that you give Y under the property insurance from anyone you choose who is acceptable to the Credit Union. The amount and coverage of the property insurance must be acceptable to us. You may provide the property insurance through a policy you already have, or through a policy you gel and pay for. You promise to make the Insurance policy payable to us and to deliver the policy or proof of coverage to us Ii asked to do so. If you cancel your insurane and get a refund, we have a right to the refund, If the property is lost or damaged, we can use the insurance settlement to repair the property or apply it towards what you owe. You authorize us to endorse any draft or check which may, be payable to you in order for us to collect an any and fees eftke due under your insurance policy. You also promise to pay all registration fees) due on the property. If you do not pay the Was 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 pa) Interest on those amounts at this same rate you agreed to pay on the advance. We may receive payments a m m ay in connection With the Insurance frorn a ordtorr our loans (of the urpose o determ ning whethe insurance. r you anc other borrowers have complied with the insurance requirements of our loan agreementi or may engage others to do se.The insurance charge added to an advance may inciudr (1) the insurance oompany's payments to us and (2) the cost of determining compliance with the insurance requirements. If we add amounts for taxes, fees or insurance to the unpaid balance of an advance, we may increase your payments to pay the amoun added within the term of the insurance or approximate term of the advance. INSURANCE NOTICE - If you do not purchase the required property insurance the insurance we may purchase and charge you for will cover only our interest in the property. The premium for this Insurance may be higher because the insurance company may have given us the right to purchase insurance after uninsurae collateral is lost or damaged. The insurance will not be liability insurance ant will not satisfy any states financial responsibi1hy or no fault laws. PfiOTECTING THE SECURITY INTEREST -- If your state issues a title for thi property, you promise to have our security interest shown on the title. We may have to file what is called a financing statement to protect our security interest from th claims of others. If asked to do so, you promise to sign a financing statement. Yo also promise to do whatever else we think is necessary to protect our seeurit interest in the property. You promise to pay all costs, including but not limited to an r attorney fees, we incur In protecting our security interest and rights in the propertl e to the extent permitted by applicable law. DEC, 2, 2009 3.27PM PSECU -N0, 0841'-P, 4 OANLINER' 0,ed" end Secdrft Credit A reemont (continued) ISE OF PROPERTY - Until the Advance has been paid off, you promise you will; I) Use the property carefully and keep it In good repair. (2) Obtain our written ermission before making major changes to the property or changing the address Thera the property is kept. (3) Inform us in writing before changing your address. (4) ton or abused. (6) Not use el a property o Promptly r any tunlawful purpose. (7) I Not eto retitle us if the property iroperty, in another state without telling us, tOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VEHICLE - THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT TO IEPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE, kND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN THAT SALE, YOU MAY HAVE TO PAY THE DIFFERENCE. 40TICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful for you to fail o return a motor vehicle that is subject to a security interest, within thirty days after jou have lave us. It Is your responotice of nsibility toau notify us if your address changes. The um rhis notice contains important information about your rights and our responsibilities .coder the Fair Credit Billing Act. You are advised to read your monthly statement and review it for any error discrepancies or unauthorized transactions. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR S-rATEMFNT. If you think your statement is wrong, or If you need more information about a transaction on your statement, write us on a separate sheetat•1he address listed on your statement. You are required to notify us In writing within 60 days following the date on which we sent your statement wherein the error or problem first appeared regarding any discrepancy or unauthorized transactions on your account. Failure to notify us may result in your acceptance of any responsibility for payment or reimbursement to us for any such error or discrepancy on your account. Write to us as soon as possible. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following Informatlon; • Your name and account number. The dollar amount of the suspected error. Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the hem you are not sure about. II you have authorized us to pay a credit card account automatically from your share account or checking account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment Is scheduled to occur. YOUR RIraTItS AND OUR RESPONSIBILITIES AFTER WE fiFCEM YOUR WRITTEN NOTICE - We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either Correct the error or explain why we believe the statement was correct. In Ills Agreement, the words you and your means each and all of those who apply for the card or who signs this Agreement. Card means the Visa Credit Card and any duplicates and renewals we issue. Account means your Visa Credit Card Line of Credit account with us. We, us, and ours means this Credit Union. 1. • RESPONSI81t.1T:Y--4vve issue-you-a-eafd. you-agree4o repay-aH-dem&and-N,e- Finance Charge arising from the use of the card and the card account. For example, you are responsible for charges made by yourself, your spouse and minor children. You are also responsible for charges made by anyone also to whom you give the card, and this responsibility continues until the card Is recovered. You cannot disclaim responsibility by notifying us, but we will dose the account for new transactions if you so request and return all cards. Your obligation to pay the account balance continues even though an agreement, divorce decree or other court judgment to which we are not a party may direct you or one of the other persons responsible to pay the account The cards remain our property and you must recover and surrender to us all cards upon our request and upon termination of this Agreement. 2. LOST CARD NOTIFICATION -If you believe the card has been lost or stolen, you will immediately call the Credit Union at (717) 2348484 or (000) 237.7326. After hours call (800) 556-5678. 3. LIABILfrY FOR UNAUTHORIZED USE -You agree to notify us immediately, orally or in writing of the loss, theft or unauthorized use of your Credit Card. You may be liable for the unauthorized use of your Credlt Card. You will not be liable for unauthorized use that occurs after you notify us of the loss, theft, or possible unauthorized use. You will have no liability for unauthorized purchases made with your Credit Card, unless you are grossly negligent in the handing of your Card. In any case, your liability will not exceed $50. 4, CREDIT LINE -- If we approve your application, we will establish a self- replenishing Line of Credit for you and notify you of its amount when we issue the card.You agree not to let the account balance exceed this approved Credit Line. Each payment you make on the account will restore your Credit Line by the amount of the payment which is applied to the prinelpal.You may request an increase in your Credit penalty for unlawful failure to- jrn a motor vehicle is one year in prison and/or a -- - -&A AAn For those members who purchase a vehicle under the DRIVe Program, please review the following FTC Notice: O(y TICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS -OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. After we receive your letter, we cannot try to Collect any amount you question, or report you as delinquent. We can continue to send statements fo you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are Investigating, but you are still obligated to pay the parts of your statement that are not in question. If we find that we made a mistake on your statement, you will not have to pay any finance charges related to any questioned amount. It we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amounl. In either case, we will send you a statement of the amount you owe and the dale that it Is due, If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your statement And, we must tell you the name of anyone we reported you to, We must tell anyone we report you to that the matter has been settled between us when it finally is. It we don't follow these rules, we can't collect the first $50 of the questioned amount, even it your statement was correct. SPECIAL RULE FOR CREDIT CARD PURCHASES - If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (a) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current malting address; and (b) The purchase price must have been more than $50. These limitations do not apply It we own or operate the merchant, or if we mailed you the advertisement for the property or services. Line only by written application to us, which must be approved by our credit committee or ban officer. By giving you written notice we may reduce your Credit Line from time to time, or with good cause, revoke your card and terminate this Agreement Good cause includes your failure to comply with this Agreement or any other agreement with Agreement t cry nrrie, but termination byeiih?e?r of undoes not affect your obligation to pay the account balance. 5. CREDIT INFORMATION - You authorize us to investigate your credit standing when opening, renewing or reviewing your account, and you authorize us to disclose information regarding your account to credit bureaus and other creditors who Inquire of us about your credit standing. 6. MONTHLY PAYMENT - We will mall you a statement every month showMg your Previous Balances of purchases and cash advances, the current transactions on your account, the remaining credit available under your Credit Line, the New Balances of purchases and rash advances, the Total New Balance, the Finance Charge due to date, and any other billed fees, and the Minimum Payment required. Every month you must pay at least the Minimum Payment within 25 days of your statement closing date. By separate agreement you may authorize us to charge the minimum payment outonudcally to your share or checking ac count with us. You may, of course, pay more frequently, pay more than the Minimum Payment, or pay the Total New Balance In full, and you will reduce the finance charge by doing so. If your monthly payment exceeds the total credit line balance owed, we will automatically post the credit to your S1 shares. The minimum payment will be (a) 2% of your Total New Balance, rounded up to the next even dollar,'or (b) $20.00, whichever is greater. In addition, at any time your Total New Balance exceeds your Credit Lima, you must immediately pay the excess upon our demand. We will apply payments in the following manner: first to previous late fees, then to previous cash advances finance charges, then to previous purchase finance charges, then to current late tees, then to previous cash advance balances, then to cunt, then previous purchase to current cash advance balances balances, e aorder that t were posted nd than to current purchase t balances, DEC, 2.2009 3:27PM PSECU Visa' Credit Card A reement and Truth In Lendir_ -jIscloeura (continued) 7. FINANCE CHARGES - You can avoid the Finance Charge on purchases by paying the full amount of the New Balance of Purchases each month within 25 days of your statement closing date. Otherwise, the Now Balance of Purchases, and the subsequent purchases from the date they are posted to your account, will be subject to Finance Charge. Cash advances are always subject to Finance Charge from the date they are posted to your account. Purchases: We calculate your finance charge by multiplying the average adjusted daily balance (see explanation below), including new purchases, for the billing cycle by the monthly periodic purchase rate and corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum. Cash Advances: We calculate your finance charge on cash advances by multiplying the average adjusted daily balance (see explanation below) for cash advances during the billing cycle by the monthly periodic advance rate and corresponding ANNUAL PERCENTAGE RATE as disclosed on the Addendum. Balance, Computation Method Average Daily Balance for Purchases - The Average Dally Balance for Purchase Transactions is calculated by adding the Dally Balances (Purchase ltansaction) for each day in the billing cycle, and then dividing by the number of days in the billing cycle. To calculate the Daily Balance for purchases each day, we take the following steps: We take the outstanding balance (all amounts you owe) at the start of the day. Than, in the sequence in which amounts are posted to your account, we add the amounts of all debits and subtract the amounts of all credits or payments which post to your account that day, After applying payments and credits, we subtract the amount of any unpaid Finance Charges or Late Charges. Then we also subtract the amount of any Cash Advance transactions that posted to your accoJnt on that day or in any previous day in the billing cycle. This gives us the Daily Balance for purchases, Aterage Daily Balance for Cash Advanoes • Cash Advance Transactions which are posted to your account are not Included in the Average Daily Balance calculation for purchases, and are therefore not subject to the monthly periodic rate for purchases. The Average Daily Balance is calculated separately for Cash Advances and is subject to the Cash Advance Monthly Periodic Rate.The Average Daily Balance for Cash Transactions Is calculated by adding the Daily Balances (Cash Transaction) for each day in the billing cycle, and then dividing by the number of days in the billing cyele.To calculate the Daily Balance for cash each day, we take the Idlowing steps: We take the outstanding balance (all amounts you owe) at the stag of the day. Then, in the sequence In which amounts are posted to your aoootait, we add the amounts of all debits and subtract the amounts of all credls or payments which post to your account that day, After applying payments and credits, we subtract the amount of any unpaid Finance Charges or Late Charges. Then we also subtract the amount of any Purchase Transactions that posted to your account on that day or in any previous day in the billing cycle. This gives us the Dally Balance for Cash Advance Transactions. Note: Cash Advances are always subject to licence charges and from the day they are posted to your account. PaymerLq are applied in the following manner. first to previous late fees, then to previous cash advances finance charges, then to previous purchase finance charges, than to current late fees, then to previous cash advance balances, than to previous purchase balances in the order that they were posted to your account, then to current cash advance balances, and then to current purchase balances. Credits are applied first to the particular type of debt which is being credited, If any, and then to the balance of your account. Note also that if the total of the payments and credits which are posted to your account by the Payment Due Date shown on a statement is equal to or exceeds the New Balance shown on that statement, we will not apply the Monthly Periodic Rate to your Account on your next statement. 8. DEFAULT -You will be in default if you fall to make any Minimum Payment within 25 days after your monthly statement closing date.You authorize us to transfer funds sufficient to make dhe minimum payment due if your Visa loan is in default You will also be In default 11 your ablilly 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 (allure to abide by this Agreement, or if the value of bur security interest materially declines. We, have the right to demand immediate payment of your full account balance if you default, subject to our giving you any notice required by law. To the extent permitted by law, you will also be required to pay our collection expenses, including court costs and reasonable attorney fees. 9. USING THE CARD - To make a purchase or cash advance, there are two alternative procedures to be followed. One is for you to present the card to a participating Visa plan merchant, or another financial Institution. and sign the sales or cash advance draft which will be Imprinted with your card. The other is to complete the transaction Py using your Personal Idenil ication Number (PIN) in conjunction with The card In an Automated Taller Machine or other type of olwtronic terminal that provides access to the Ursa system. You agree that you will not use your card for any transaction that is Illegal under applicable federal, state, or local law. The monthly statement will Identify the merchant, electronic terminal or financial institution at which transactions were made, but sale, cash advance, credit or other slips cannot NO, 0841-P. 5/7- be returned with the stal It. You will retain a copy of such slips furnished at the time of the transaction in L_4r to verify the monthly statement,The Credit Union may make a reasonable charge rot photocopies of slips you may request. 10. OVERDRAFT OPTION - If you elect to overdraft to your PSECU Visa Credit Card, that election is subject to the existing credit limit and the agreement it represents and the current loan policy at the time of the overdraft You also understand that an overdraft will be considered the same as a cash advance on your PSECU Visa Credit Card and that the current Annual Percentage Rate for cash advances will apply. 11. RETURNS AND ADJUSTMENTS - Marchanis and others who honor the card may give credit for returns and adjustments, and they will do so by sending us a credir slip which we will post to your Visa line of credit. If your credit and payments exceed what you owe us, we will automatically post the excess credit balance to your S1 Shares within 75 days. If the balance is one dollar or more, upon your written request, we will refund the credit balance to you. 12. FOREIGN TRANSACTIONS - The exonange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from the range of rates available In wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or a government-mandated rate in effect for the applicable central processing date. In each Instance, an adjustment may be assessed based on the ISA fee imposed by Visa. This fee, which totals 1% of the transaction amount, will be assessed on all transactions where the merchant couritry differs from the country of the card issuer, 13, SPECIAL RULES FOR VISA PURCHASES - It you disagree or find an error with a Visa transaction, and have tried in good faith to correct the problem with the merchant or the charges are the result of unauthorized or fraudulent use, or your purchase cost more than $50 and was made from a plan merchant in your state within 100 miles of your home, contact PSECU. 14. DISPUTED TRANSACTIONS - You are required io notify PSECU in writing within 60 days following the date on which we sent your statement wherein the error or problem first appeared regarding any discrepancy or unauthorized transaction on your account Telephoning PSECU does not preas a your dispute rights. You may be required to provide us with documentation to support your dispute claims. In addition, you may be required to complete a standard dispute form outlining the details of your dispute, in cases of fraudulent card use, PSECU will also require a notarized affidavit. In some cases we may ask you to notify the local authorities. If we do not receive the proper requested documentation in the time specified you may be held responsible for the transaction(s) in question, PSECU must adhere to strict dispute timeframes sal forth by Visa. 15. SECURITY INTEREST - To secure your account, you grant us a purchase money security interest under the Uniform Commercial Code in any goods you purchase through the account If you default, we will have the right to recover any of these goods which we have not been pald for through our application of your payments in the manner described in the Monthly Payment section. With respect to this account only, we will not assert any statutory right we, may have if you are in default to prevent withdrawal of your unpledged credit union shares (Deposits) below the unpaid balance of your account. However, If you give or have given us a specific pledge of your credit union shares (Deposits) by signing the Pledge of Shares or otherwise, or any other security interests for all your debts, your account will be secured by your pledged shares (Deposits) and by the property described in those other security agrents, except for your home. 16. EFFECT OF AGREEMENT - This Agreement is the contract which applies to all transactions on your account even though the sales, cash advance, credit or other slips you sign or receive may contain different terms, We may amend the Agreement from time to time by sending you the advance Widen notice required by Iaw,Your use of the card thereafter will indicate your agreement to the amendments. To the extent the law permits, and we indicate in our notice, amendments will apply to your existing account balance as well as to future transactions. 17. LATE PAYMENT CHARGE - If your Minimum Payment is not received by the first day of the month following your due date, you will be subject to a $20 charge. 16. RUSH FEES -You may incur additional charges for rush processing and rush delivery of cards and/or PIN mailer. 19, OVER LIMIT FEE -A $20 fee will be applied for each monthly statement closing date on which the outstanding balance exceeds the assigned credit fmit by more than $100. 20. DRAFT COPIES -- You may Incur an additional charge for transaction summary/sale draft documentation. 21. COPY RECEIVED - You acknowledge raeelpt of a copy of this Agreement, 22. 11-LEGAL TRANSACTIONS PROHIBITED -- You agree that you will not use your card for any transactlon that is Illegal under applicable fedaral, state, or local law. 23. NO USE - Inactive Visa accounts that have no purchase or cash activity may be closed without notice to you after 18 months of no activity. 24. NEURAL NETWORK - PSECU uses neural network systems to predict and prevent unauthorized transactions. There may be occasions when a transaction Is declined because it is Indicative of possible fraudulent activity. DEC. 2.2009 3:27PM PSECU I`- O x b d d Q ?r W Q 0i `o N e Q N v ? m C) E? Q°ooo c?o$ooooo aa'o^? m v? r)? cli ?-- n < c-? w - mg N C ? _C 3 ?d qm m E OccOO'f o'O"1c?•1?r0'.NNNNN---?'?$?m? N ?J C 0_ N C m m v } c ?GC7 c70 OOOCS 80 °CpOtlOSO°S d pOp: oo n.0 M1'v C'fN?0000 Q SO G ?bS mN^-?. Qmn 10 u'PM N pp r O? s ?? Q P Q Q s ?? s p p Q ? Q s ?? O d CO °OOOOGO x00000000,0000 c38°oggo4vgSoogSovOOg°o,o a m T. C L 0 V C O v 5 8 D'? g g . n ? ° ° m ?O B a m ? `paw°o u C o?m"0 ° 5 QSL O me y, ? _ [° a ° m ?? o? m z b m ?-p ?pa? a o 'c?go r O ? F p 9 ? ? O S } p C L -'a C LL sE3 pL ° ? ? cc ?' m R LL v o g 5 vim. v? NO. 0841 P. 6/7 s .-' ' g ? 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ON MIWVIW VW Wco Ln OD?u'!^hr a Oc3cn N M000 X,N Po.h`OLO-V MN^OOa? w00nh`O?O '`. ? OCQNK14l NN^7vvP QM MMMM Mc?MMMN NNNNNN ? 600006 00oco0 000000 0ooc0o oGOOOG 0 O N M'Q 1f).phc0 O?O•-NM'P N.Oh fD LNO c w ^NM V4l`O HOOP^.?^ ^^^?.-r NNNNNN NNNNNN I 0 t?f / Jv. r TF ? .i ?ll :YI 2 r'1'` 1:2Gul y UEC -'4 1 x `Y *78.50 PO A7'-/ &Y doloo gr*- a 3y s39 PENNSYLVANIA STATE EMPLOYEES: CREDIT UNION, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . . NO. 2009-8394 vs. JOE J PROVENTUD III - Defendant CIVIL ACTION -LAW PRAECIPE FOR JUDGMENT -1,~ _.,, ;:,: ~; ~. )~~ -. ..~~-_ =° N _o Q ca N E/ -'' l z r~i r -~ ~ ~~ -~ _T" ~..~ ~7 ,~ m -G Enter Judgment in favor of Plaintiff and against Defendant, Joe J Proventud III for want of ANSWER TO COMPLAINT. (X) Assess damages as follows: Debt -----------------------------------------------------------------$13,937.23 Attorney's Commission-------------------------------------------$2,067.44 Filing costs----------------------------------------------------------$to be determined TOTAL--------------------------------------------------------------~16_~004.67 plus costs (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. (X) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. (X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. DATE: j ~' ~~' ~ o Signature: Melissa .Van Eck, Esquire Attorney for Plaintiff 7810 Allentown Blvd., Suite B, Hbg., PA 17112 (717) 540-5406 ID#: 85869 NOW, Q~ n . (3~` , 2010, JUDG T IS E TERED AS AB E. Pro onotary/Cler evil Di ision By: Deputy $I~.oo Pty AT7'`'~ e~.* aoroa ~r* ~ aMy Document #: 180057.1 ~(ofice ~•la~ac.~ PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. N0.2009-8394 JOE J PROVENTUD III Defendant CIVIL ACTION -LAW TO: Joe J Proventud III, Defendant You are hereby notified that on ~ (~ _ 13 o'!.O 1 D ,the following (9rder) (Oeg~ee) (Judgment) has been entered against you in the above captioned case for your failure to file an answer to the complaint. A Judgment in the total amount of $16,004.67 plus costs is hereby entered. DATE: n ary I hereby certify that the name and address of the proper person(s) to receive this notice is: Joe J Proventud III 305 High Street Summerdale, PA 17093 A: Joe J Proventud III, Defendant, Defendido/a (Defendidos/as) Por este medio se le esta notificando que el del de el/la siguiente (9~len) (Des~ete) (Falb) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotario Certifico que la siguiente direction es la del defendido/a Begun indicada en el certificado de residencia: Joe J Proventud III 305 High Street Summerdale, PA 17093 Document #: 180057.1 PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS CREDIT UNION, , CUMBERLAN$ COUNTY, PENNSYLVANIA Plaintiff NO. 2009-8394 vs. JOE J PROVENTUD III Defendant CIVIL ACTION -LAW TO: JOE J PROVENTUD III 305 High Street Summerdale, PA 17093 DATE OF NOTICE: December 29, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN _ _ _ _ _ _ _ APPEARANCE P_E_RSO_N_ALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGHBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S Bedford St Carlisle, PA 17013 717-249-3166 800-990-9108 ~. By: _ Melissa L. Van Eck, Esquire Attorney I.D. No. 85869 P.O. Box 6662 Harrisburg, PA 17112 717.540.5406 Attorney for Plaintiff PENNSYLVANIA STATE EMPLOYEES: CREDIT UNION, . Plaintiff vs. . JOE J PROVENTUD III Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-8394 CIVIL ACTION -LAW ENTRY OF APPEARANCE Please enter the Appearance of Van Eck & Van Eck, P.C., as counsel for Plaintiff in the above captioned action. Date: 1 _ Ip~ -~o Respectfully Submitted, VAN ECK & VAN ECK, P.C. By: M lissa L. Van Eck, Esquire Attorney I.D. No. 85869 Henry W. Van Eck, Esquire Attorney I.D. No. 83087 P.O. Box 6662 Harrisburg, PA 17112 (717) 540-5406 Attorneys for Plaintiff Document #: 180057.1 PENNSYLVANIA STATE EMPLOYEES: IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. JOE J PROVENTUD III Defendant NO. 2009-8394 CIVIL ACTION -LAW AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I, Henry W. Van Eck, Esquire, being duly sworn according to law, depose and say that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and belief Defendant, Joe J Proventud III, above named, is not a corporation and is not an adult individual under the age of 21 years of age; is not in the military service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. V ECK & VAN CK, P.C. `~.rnn By. ~r `~ ° \ Henry ~. Van Eck, Esquire Attorney I.D. No. 83087 P.O. Box 6662 Harrisburg, PA 17112 717.540.5406 Attorney for Plaintiff Sworn and subscribed to before me this '~ day of January 10 Notary Public .i ~ -, ;,,,~_ 1NE5T Hi~NOV[ MV~C^mmi~s~,o ~..a 1 v~+^~~CK i«r, ~~~t;, :~. R NJF CtiuPkrN COUNN n Expires Mar 22, 201 ~ Document #: 180057.1