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HomeMy WebLinkAbout09-8648IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. JACK R. DESANTO, Defendant CIVIL-LAW DOCKET NO. 0 9- ?' 6 v P C'u; 7Z.... ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully submitted, Laurinda J. Voel ei,,'Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. JACK R. DESANTO, CIVIL-LAW DOCKET NO Defendant NOTICE TO DEFENDANT TO THE DEFENDANT: c) 9 - k c. `! S, 0" 7-e,,- YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service 100 South Street, PO Box 186 Harrisburg, PA 17108 800-692-7375 717-238-6807 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 LAURINDA J. V ELCKER, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. JACK R. DESANTO, Defendant CIVIL-LAW DOCKET NO. COMPLAINT v q. !?6 q,? OtLa _e:_ The Plaintiff, Remit Corporation, by and through its attorney Laurinda Voelcker, Esquire, hereby files this Complaint of which the following is a statement: 1. The Plaintiff; Remit Corporation, is a Pennsylvania Corporation doing business at 36 West Main Street, P.O. Box 7, Bloomsburg, Columbia County, Pennsylvania 17815. 2. The Defendant, Jack R. Desanto, is an individual residing at 2185 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant is indebted to the Plaintiff in the amount of $1,280.92 for the two unpaid accounts as detailed below. VISA CREDIT CARD 4. Defendant obtained a Visa credit card on or about February 15, 2006, from AmeriChoice Federal Credit Union, (hereinafter "original creditor"), account number 4202 9000 0007 7486. 5. On or about :December 2, 2008, Remit Corporation purchased the account of Jack R. Desanto from the original creditor. The sale included the transfer of all right, title, and interest in the account to Remit Corporation. A copy of the relevant document for this transaction is attached hereto, incorporated herein and referred to hereafter as Exhibit A. 6. Defendant used the extended credit leaving an unpaid balance of $854.63 with interest continuing to accrue at 12.90% per annum. 7. Defendant defaulted on the payments due and the last payment on this account was made on or about October 30, 2007. 8. To date the remaining charge-off balance is $649.11 and $205.52 post-charge off interest for a total of $854.63. OVERDRAFT PROTECTION 9. Defendant obtained an Overdraft Protection on or about February 15, 2006, from AmeriChoice Federal Credit Union, (hereinafter "original creditor"), account number 38567-25. 10. On or about December 2, 2008, Remit Corporation purchased the account of Jack R. Desanto from the original creditor. The sale included the transfer of all right, title, and interest in the account to Remit Corporation. A copy of the relevant document for this transaction is attached hereto, incorporated herein and referred to hereafter as Exhibit A. 11. Defendant used the extended credit leaving an unpaid balance of $426.29 with interest continuing to accrue at 12.90% per annum. 12. Defendant defaulted on the payments due and the last payment on this account was made on or about October 30, 2007. 13. To date the charge-off balance is $333.03 and $93.26 post-charge off interest for a total of $426.29. COUNT 1 BREACH OF EXPRESS CONTRACT 14. In consideration of the extension of credit provided by original creditor through the loan and credit card account, Defendant agreed to pay for all charges for purchases, fees and interest on these accounts. 15. The reasonable charges and expenses owing for the loan and credit card account, fees and interest is $1,280.92. 16. Defendant accepted the extension of credit and utilized the loan and credit card account without complaint, objection or dispute as to services provided, the prices charged for the same or the costs incurred. 17. Defendant is indebted to the Plaintiff in the amount of $1,280.92. Defendant has failed and refused to pay the aforesaid sum despite frequent demand to do so and the same is now due and owing. 18. Defendant's failure to pay is a breach of the express written agreements between the Defendant and original creditor. Pursuant to Pa.R.C.P. No. 1019(i), copies of these writings are attached hereto, incorporated herein and referred to hereafter as Exhibits B, C and D. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $1,280.92 together with interest, costs, attorney fees and such further and additional relief as this Honorable Court deems just and equitable. COUNT II BREACH OF IMPLIED CONTRACT 19. The preceding paragraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 20. It is averred, in the alternative, in the paragraphs set forth above, if express contracts between original creditor and Defendant did not exist, that contracts implied by fact or implied by law exist. 21. At all times relevant hereto, Defendant was aware that the original creditor was extending credit services to him and that the original creditor expected to be paid for the Defendant's use of this credit. 22. Defendant used the loan and credit card account to purchase items, and he received the same to his benefit. 23. The total reasonable value of the Defendant's use of the credit extended by original creditor is $1,280.92. 24. In breach of the implied contracts, Defendant has failed and refused to pay the outstanding sum for the loan and credit card account and the same is now due and owing. 25. The Defendant has failed and refused to pay the aforementioned sum despite frequent demand to do so. 26. By virtue of Plaintiff's purchase of this account and the assignment of all rights to the Plaintiff, Defendant is indebted to the Plaintiff in the amount of $1,280.92. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $1,280.92, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. COUNT III QUANTUM MERUIT/UNJUST ENRICHMENT 27. The preceding paragraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 28. Original creditor provided the extension of credit as set forth above with the expectation of receiving payment for all use of this credit including, but not limited to, purchases, fees and interest. 29. The credit extended by original creditor benefited Defendant. 30. The Defendant will be unjustly enriched if he is allowed to retain the benefit resulting from his use of the loan and credit card account provided by original creditor without having to make reasonable payment for the value of the benefits received from the original creditor's provision of credit. 31. The original creditor was not a volunteer in providing the credit services set forth above and the Defendant understood that original creditor was entitled to compensation based upon his use of the loan and credit card account. 32. The reasonable value of the Defendant's use of the loan and credit card account including purchases, fees and interest is $1,280.92. 33. By virtue of the Plaintiff's purchase of this account along with the assignment of all relevant rights thereto. Plaintiff, Remit Corporation is entitled to $1,280.92 from the Defendant and frequent demand for said sums has been made and the Defendant has failed and refused to pay the same. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $1,280.92, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 EXHIBIT C AMERICHOICE FCU 20 Sporting Green Drive Mechanicsburg, PA 17050 ASSIGNMENT AND BILL OF SALE AMERICHOICE FCU ("Seller") has entered into a Credit Card Purchase Agreement, dated,DECEMBER 2, 2008 ("Agreement") for the sale of Accounts described in Exhibit A thereof to REMIT CORPORATION ("Purchaser"), upon the terms and conditions set forth in that Agreement. NOW, THEREFORE, for good and valuable consideration, Seller hereby sells, assigns and transfers to Purchaser all of Seller's rights, title and interest in each and every one of the Accounts described in the Agreement, provided however such transfer is made without any representations, warranties or recourse. Purchaser and Seller agree that the Purchase Price shall be as stated in Exhibit B, attached to the Agreement. IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 2 day of DECEMBER 2008. SELLER B r` G Y= JAMES A GLA LTER 10 of 11 E HIBIT AMERICHOICE FEDERAL CREDIT UNION A table that includes the APRs and, 20 Sporting Green Drive other required cost disclosures for14-e?o '-DTI Mechanicsburg, PA 17050 credit card applications is on the re- L (Qss k C- (717) 795-0249 verse side of this application. CREDIT CARD APPLICATION 7lndlvlpdual Credit: You must complete the Applicant section about yourself and the Other section about your spouse if: (1) you live in or the property pledged as collateral is in a community property state (AK, AZ, CA, ID, LA, NM, NVTX, WA, WI); (2) your spouse will use the account, or (3) you are relying on your spouse's income as a basis yment. If you are relying on income from alimony, child support, or separate maintenance, complete the Other section to the extent possible about the person on whose payments you are relying. O Joint Credit: Each applicant must individually complete the appropriate section below. If Co-Borrower is spouse of the applicant, mark the Co-Applicant box. Guarantor: COmDlete the 01thef sectinn if vnu ara a nimmntnr nr, i NAME (Last - First - Initial) MOTHER'S MAIDEN NAME NAME (Last - First - Initial) MOTHER'S MAIDEN NAME ACCOUNT NUMBER SOCIA L SECURITY NUMBER ACCOUNT NUMBER SOCIAL SECURITY NUMBER DRIVER'S LICENSE NUMBER / STATE DRIVER'S LICENSE NUMBER / STATE BIRTH DATE HOME PHONE WORK PHONE/ EXT. ( ) BIRTH DATE HOME PHONE WORK PHONE' EX ( E-MAILADDRESS I ( ) E-MAILADDRESS PRESENT ADDRESS(Street - Cit -Stat Zi ` e - y p) ?OWN ?RENT YEARSATTHIS ADDRESS PRESENT ADDRESS(Street -City -State -Zi PI OWN ?RENT YEARS AT THIS PREVIOUS ADD SS (Street - Cit - ate-Zi ADDRESS y p) OWN 11 RENT YEARS AT THIS ADDRESS PREVIOUS ADDRESS (Street - City - State - Zip) ?OWN ?RENT THIS MORTGAGEiRENT OWED T ADDRESS ADDRESS MORTGAGE/RENT OWED TO MORTGAGE B A MONTHLY PAYMEN T NO. OF DEPENDENTS & AGE MORTGAGE BALANCE LY PAYMENT NO. OF DEPENDENTS & AGE COMPLETE FOR JOINT CREDIT SE CURED CREDIT OR IF YOU LIVE IN , A COMMUNITY PROPERTY STATE: MARRIED r f-1 S ARATED UNMARRIED (Single - Divorced - Widowed COMPLETE FOR JOINT CREREDITOR IF YOU LIVE IN ACOMMUNITY PROPERTY STATE MARRIED ? SEP 7 Eimployrnie A NAME AND ADDRESS ARARRIED (Single - Divorced - Widowed) OF EMPLOYER EmpioymentlInCome RESS OF EMPLOYER DADr TART DE O IT NOTICE: ALIM CH D SU ORT R SEP AT TENA START DATE E ME ED OT BE VEALED IF YO O CHO SET HAVE IT ERED. NOTICE: ALIMONY, CHILD, UPPORT OR SEPARATE MAINTENANCE INCOME NEED NOT BE REVEALED IF Y EMPLOYMEN NCOM OTHERI OM OU DO NOT CHOOSE TO HAVE IT CONSIDERED. $ P PER ?NET GROSS SOURCE EMPLOYMENT INCOME OTHER INCOME $ _PER__ $ PER ?NET ?GROSS NAME AND ADDRESS OF PREVIOUS EMPLOYER ST SOURCE ART DATE/END DATE NAME AND ADDRESS OF PREVIOUS EMPLOYER START DATE/END DATE Accourt Hartle A t N e over umber SAVINGS VALUE Creditor Nams # ACcoWtt Nitmbeir BALANCE MONTHLY PAYMENT $ CREDITOR $ $ CHECKING OftrAeNts $ CREDITOR $ $ OTHER PROPERTY CREDITOR $ $ OTHER $ R $ $ AUTO MAKE $ AUTO $ $ R OTHER $ $ tamer Infctrttte AbW YOU IF YOU ANSWER "YES" TO ANY QUESTION OTHER THAN #1, EXPLAIN ON AN ATTACHED SHEET. - APPLICANT OTHER 1 ARE YOU A U YES NO YES NO . .S. CITIZEN OR PERMANENT RESIDENT ALIEN? 2 DO YOU CURRENTLY . HAVE ANY OUTSTANDING JUDGMENTS OR HAVE YOU EVER FILED FOR BANKRUPTCY, HAD A DEBTADJUSTMENT PLAN CONFIRMED UNDER CHAPTER 13, HAD PROPERTY FORECLOSED UPON OR REPOSSESSED IN THE LAST 7 YEARS, OR BEEN A PARTY IN A LAWSUIT? 3 ARE YOU A CO-MAKER CO-SIGNER OR GUARANTOR , ON ANY LOAN NOT LISTED ABOVE? FOR WHOM (Name of Others Obligated on Loan): TO WHOM (Name of Creditor): RELATIONSHIP: HOME PHONE: NAME AND ADDRESS OF NEAREST RELATIVE NOT LIVING WITH YOU: so" Law -"Oft is OHIO RESIDENTS ONLY: The Ohio laws against discrimination require that all creditors make credit equally available to ail creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law. WISCONSIN RESIDENTS ONLY: (1) No provision of any marital property agreement, unilateral statement under Section 766.59, or court decree under Section 766.70 will adversely affect the rights of the Credit Union unless the Credit Union is furnished a copy of the agreement, statement or decree, or has actual knowledge of its terms, before the credit is granted or the account is opened. (2) Please sign if you are not applying for this account or loan with your spouse. The credit being applied for, if granted, will be incurred in the interest of the marriage or family of the undersigned. X SIGNATURE FOR WISCONSIN RESIDENTS ONLY DATE You promise that everything you have stated in this application is correct to the best of your knowledge. If there are any important changes you will notify us in writing immediately. You authorize the Credit Union to obtain credit reports in connection with this application for credit and for any update, increase, renewal, extension, or collection of the credit received. You understand that the Credit Union will rely on the information in this application and your credit report to make its decision. If you request, the Credit Union will tell you the name and address of any credit bureau from which it received a credit report on you. It is a federal crime to willfully and deliberately provide incomplete or incorrect information on loan,ajj?ications made Wederal credit uniops or state chartered credit unions insured by NCUA. You understand that the use of your card will constitute acknowledgment of receipt and agreement to the terms of the credit card agreement. A condition of your account is your granting us a security Interest in your share accounts. By signing below you grant us a security Interest in all individual and joint share and/or deposit accounts you have with us now and in the future to secure your credit card account. Shares and deposits in an Individual Retirement Account and any other account that would lose special tax treatment under state or federal law if given as security are not subject to this security interest. When you are In default we may apply the balance in these accounts to any amounts due under the credit card aersomant_ FOR v, ,.nr un? IIIIIIIII CREDIT Q APPnovea Kxx of C,Apglg CPAW LARr>l eneotrc,?nn USE ONLY Q DEmmm cREw cot wxr ra cA Law oFF"n s mvm O CUNA MUTUAL GROUP. 1995, 2003. ALL RIGHTS RESERVED TO ORDER: 1-600-356-5012 DETACH AND RETURN THIS APPLICATION TO YOUR CRE EXHIBIT 6 O 050L1 dd ounesOINVH03W 3AIdG N33HO JNIldOdS OZ NOINn lla380 l` H3a3d 3010HOI83Wd -O O ? C ° 00 C\j C ? cc$ O O O Z T T U \ as r- 76 2 A 69 n C i a: U) c o :3 0) Q O a co 3 c 0 0 Z 0 z _ N _ T c co > N c, O a i i U a O L > V Q j LL C _ a a . „J i--- cc U C O OCD J (D U O 16 m ._ C) CIJ C a) LL Q d L Q a ? 2 - U C !C? co c c "a a . o o- z C: w " - M ? Q > ° , U i 0 rn 0 O O C O U ca O w ED ca U c0 C t ct$ LL O CO U L O ? w N U ? O1 ` ... 0 U > O cc! d C U U 0 ~ «SLtm O 3 E" T > o , . U Co +. 7 U C E 7 C _ N 12 N O 0 ?O + C-0 M r . +. U C ?. 0 'L -0 0. E o ? :3 - cu N O F- .. C y C U O Q pi +d O ° +: U (a C . Es o E• L) ~ co -0 O N c?u u> w ?O c U O C N a) a) L N N ca co y I- "ON ca U - iJ PA AmeriChoice 20 Sporting Green Drive Mechanicsburg, PA 17050 K"UNISte FEDERAL CREDIT UNION 717-697-3474 Building Relationships For Life 800-240-4364 Application Married Applicants: May apply for a separate account. Individual Credit: You must complete the Applicant section about yourself and the Other section about your spouse if: 1. you live in or the property pledged as collateral is located in a community property state (AK, AZ, CA, ID, LA, NM, NV, TX, WA, WI), 2. your spouse will use the account, or 3. you are relying on your spouse's income as a basis for repayment. If you are relying on income from alimony, child support, or separate maintenance, complete the Other section to the extent possible about the person on whose payments you are relying. Joint Credit: If you are applying with another person, complete the Applicant and Other sections. Guarantor: Complete the Other section if you are a guarantor on an account/loan, LOANLINER Account/Loan: INDIVIDIAL (Including ATM/Debit Card Access to the if Available) Amount Requested $ -1& 500 . 00 Purpose/Collateral: VISA CLASSIC Repayment: CASH PAYMENT PROTECTION NO SINGLE CREDIT DISABILITY NO SINGLE CREDIT LIFE NO JOINT CREDIT LIFE APPLICANT DESANTO, JACK R. 567 10/26/24 (717)761-4898 (000)000-0000 RESENT ADDRESS 2185 CHESTNUT ST LENGTH AT RESI CAMP HILL, PA 17011 1 RTY STATE: AL STATUS: MARRIED .OYMENT/INCOME $ 2,490.00 PER MONTHLY AND CENTRAL DELIVERY SERVICE SSOF 3697 DERRY STREET YER HARRISBURG, PA 17111 COURIER 01-01-05 1 40 I YRS YRS YRS YRS COMPLETE FOR JOINT CREDIT, SECURED CREDIT OR IF YOU LIVE IN A COMMUNITY PROPERTY STATE: MARITAL STATUS: EMPLOYMENT/INCOME $ PER NAME AND ADDRESS OF REVEALED IF YOU DO NOT CHOOSE TO HAVE IT CONSIDERED. OTHER INCOME $ 7 0 0 . 0 0 PER MONTHLY SOURCE SOCIAL SEC. $ PER SOURCE $ PER SOURCE $ PER SOURCE REVEALED IF YOU DO NOT CHOOSE TO HAVE IT CONSIDERED. OTHER INCOME $ PER SOURCE $ PER SOURCE $ PER SOURCE $ PER SOURCE ERE ENDING/SEPARATION DATE I 1 WHERE FIVE YEARS 01-01-01 QUICK DELIVERY ENDING DATE 12-31-04 ENDING/SEPARATION DATE REFERENCE I BROTHER- IN L REFERENCE NAME AND ADDRESS OF NEAREST RELATIVE NOT LIVING WITH YOU HOME PHONE NAME AND ADDRESS OF NEAREST RELATIVE NOT LIVING WITH YOU JOHN BISBANO 4143 RIDGEVIEW DRIVE (717) HARRISBURG, PA 17111 562-0129 0 CUNA MUTUAL GROUP, 1980, 82, 84, 88, 89, 98, 2000, 2001 ALL RIGHTS RESERVED PAGE 1 AXX023 (LASER) WHAT YOU OWE CREDITOR NAME OTHER THAN THIS CREDIT UNION (Attach additional sheet(s) If necessary) INTEREST RATE PRESENT BALANCE MONTHLY PAYMENT OWED BY APPLICANT OTHER S $ $ s s s s s s s $ $ s s s s s s I s I s I s I s 4- LIST ANY NAMES UNDER WHICH YOUR CREDIT REFERENCES AND CREDIT HISTORY CAN BE CHECKED: TOTALS $ $ WHAT YOU OWN LIST LOCATION OF PROPERTY OR FINANCIAL INSTITUTION MARKET VALUE PLEDGED AS COLLATERAL FOR ANOTHER LOAN OWNED BY APPLICANT OTHER s s s s s i s OTHER INFORMATION ABOUT YOU " IF YOU ANSWER YES" TO ANY QUESTION OTHER THAN #11, EXPLAIN ON AN ATTACHED SHEET APPLICANT OTHER 1. ARE YOU A U.S. CITIZEN OR PERMANENT RESIDENT ALIEN?' YES 2. DO YOU CURRENTLY HAVE ANY OUTSTANDING JUDGMENTS OR HAVE YOU EVER FILED FOR BANKRUPTCY, HAD A DEBT ADJUSTMENT PLAN CONFIRMED ND CHAPTER 13, HAD PROPERTY FORECLOSED UPON R REPOSSESSED IN THE LAST 7 YEAR R BEEN A PARTY IN A LAWSUIT 3. IS YOUR INCOME LIKELY TO DECLINE IN THE NEXT TWO YEARS? NO 4. ARE YOU A CO-MAKER, CO-SIGNER OR GUARANTOR ON ANY LOAN NOT LISTED ABOVE? FOR WHOM (Name of Others Obligated on Loan): TO WHOM (Name of Creditor): STATE LAW NOTICES OHIO RESIDENTS ONLY: The Ohio laws unless the Credit Union is furnished a copy of the agreement, statement or against discrimination require that all creditors decree, or has actual knowledge of its terms, before the credit is granted make credit equally available to all creditworthy customers, and that credit or the account is opened. (2) Please sign if you are not applying for this reporting agencies maintain separate credit histories on each individual account or loan with your spouse. The credit being applied for, if granted upon request. The Ohio Civil Rights Commission administers compliance , will be incurred in the interest of the marriage or family of the with this law. undersigned. WISCONSIN RESIDENTS ONLY: (1) No provision of any marital property agreement, unilateral statement under Section 766.59, or court decree X under Section 766.70 will adversely affect the rights of the Credit Union SIGNATURE FOR WISCONSIN RESIDENTS ONLY DATE SIGNATURES You promise that everything you have stated in this application is correct received. You understand that the Credit Union will rely on the information to the best of your knowledge and that the above information is a in this application and your credit report to make its decision. If you complete listing of what you owe. If there are any important changes you request, the Credit Union will tell you the name and address of any credit will notify us in writing immediately. You authorize the Credit Union to bureau from which it received a credit report on you. It is a federal crime obtain credit reports in connection with this application for credit and for to willfully and deliberately provide incomplete or incorrect information on any update, increase, renewal, extension or collection of the credit loan applications made to federal credit unions or state chartered credit unions insured by NCUA. X ISEA102/1-5/1710511 X (SEAL) APPLICANT'S SIGNATURE DATE OTHER SIGNATURE DATE FOR CREDIT UNION USE ONLY DATE APPROVED APPROVED SIGNATURE LINE OF CREDIT OTHER OTHER DEBT RATIO/SCORE LIMITS: DENIED $ $ BEFORE AFTER (Adverse Action Notice Sent) $ $ LOAN OFFICER COMMENTS: SIGNATURES: X X DATE DATE PAGE 2 AXX023 (LASER) 9P'AmeriChoice 20 Sporting Green Drive Mechanicsburg, PA 17050 KANUMe FEDERAL CREDIT UNION 717-697-3474 Building Relationships For Life 800-240-4364 Application Married Applicants: May apply for a separate account. Individual Credit: You must complete the Applicant section about yourself and the Other section about your spouse if: 1. you live in or the property pledged as collateral is located in a community property state (AK, AZ, CA, ID, LA, NM, NV, TX, WA, WI), 2. your spouse will use the account, or 3. you are relying on your spouse's income as a basis for repayment. If you are relying on income from alimony, child support, or separate maintenance, complete the Other section to the extent possible about the person on whose payments you are relying. Joint Credit: If you are applying with another person, complete the Applicant and Other sections. Guarantor: Complete the Other section if you are a guarantor on an account/loan. LOANLINER Account/Loan: INDIVIDUAL (Including ATM/Debit Card Access o t e ccount if Available) Amount Requested $ 500.00 Purpose/Collateral: OVERDRAFT PROTECTION Repayment: CASH PAYMENT PROTECTION NO SINGLE CREDIT DISABILITY NO SINGLE CREDIT LIFE NO JOINT CREDIT LIFE OTHER DESANTO, JACK R. 567 10/26/24 (717)761-4898 (000)000-0000 RESENT ADDRESS UVQN 2185 CHESTNUT ST LENGTH AT RE CAMP HILL, PA 17011 PROPERTY STATE: MARITAL STATUS: MARRIED EMPLOYMENT/INCOME $ 2,470.00 PER MONTHLY IvnMEANO DELIVERY SERVICE -CE RAL ADDRESS OF 3697 DERRY STREET EMPLOYER HARRISBURG, PA 17111 TITLE/GRADE START DATE HOURS AT WOR COURIER 01-01-05 40 YRS I -- - YRS YRS I I I YRS COMPLETE FOR JOINT CREDIT, SECURED CREDIT OR IF YOU LIVE IN A COMMUNITY PROPERTY STATE: MARITAL STATUS: EMPLOYMENT/INCOME $ PER NAME AND ADDRESS OF EMPLOYER REVEALED IF YOU DO NOT CHOOSE TO HAVE IT CONSIDERED. OTHER INCOME $ 700.00 PER MONTHLY SOURCE SOCIAL SEC. $ PER SOURCE $ PER SOURCE $ PER SOURCE MILITARY: IS DUTY STATION TRANSFER EXPECTED DURING NEXT YEAR? WHERE ENDING/SEPARATION DATE REVEALED IF YOU DO NOT CHOOSE TO HAVE IT CONSIDERED. OTHER INCOME $ PER SOURCE $ PER SOURCE $ PER SOURCE $ PER SOURCE MILITARY: IS DUTY STATION TRANSFER EXPECTED DURING NEXT YEAR? WHERE ENDING/SEPARATION DATE PREVIOUS EMPLOYER NAME AND ADDRESS IF EMPLOYED LE55 THAN 51 AK I INU UA 1 t rncvl- cl•.,?cv. - -•••• _,.. -- ---- - - - - - - - - - - FIVE YEARS 01-01-01 FIVE YEARS QUICK DELIVERY ENDING DATE ENDING DATE 12-31-04 RELATIONSHIP REFERENCE REFERENCE BROTHER-IN L EXHIBIT NAME AND ADDRESS OF NEAREST RELATIVE NOT LIVING WITH YOU NAME AND ADDRESS OF NEAREST RELATIVE NOT LIVING JOHN BISBANO HOME PHONE 4143 RIDGEVIEW DRIVE (717) HARRISBURG, PA 17111 562-0129 0 CUNA MUTUAL GROUP, 1980, 82, 84, 86, 89, 98, 2000, 2001 ALL RIGHTS RESERVED PAGE 1 WHAT YOU OWE ---ER-EDITOR NAMF. OTHER THAN THIS CREDIT UNION (Attach additional sheet(s) If necessary) INTEREST RATE PRESENT BALANCE MONTHLY PAYMENT OWED BY APP4 CANT OTHER $ S S s $ $ s s s s s s s s s s s s $ $ s s $ $ $ $ $ $ LIST ANY NAMES UNDER WHICH YOUR CREDIT REFERENCES AND CREDIT HISTORY CAN BE CHECKED: TOTALS $ $ WHAT YOU OWN LIST LOCATION OF PROPERTY OR FINANCIAL INSTITUTION MARKET VALUE PLEDGED AS COLLATERAL FOR ANOTHER LOAN OWNED BY APPLICANT OTHER $ $ $ s s $ S S $ OTHER INFORMATION ABOUT YOU " " IF YOU ANSWER YES TO ANY QUEST ION OTHER THAN #1, EXPLAIN ON AN ATTACHED SHEET APPLICANT OTHER 1. ARE YOU A U.S. CITIZEN OR PERMANENT RESIDENT ALIEN? YES 2. DO YOU CURRENTLY HAVE ANY OUTSTANDING JUDGMENTS OR HAVE YOU EVER FILED FOR BANKRUPTCY HAD A DEBT ADJUSTMENT PLAN , CONFIRMED UNDER CHAPTER 13, HAD PROPERTY FORECLOSED UPON R REPOSSESSED IN THE LAST 7 YEAR R BEEN A PARTY IN A LAWSUIT? 3. IS YOUR INCOME LIKELY TO DECLINE IN THE NEXT TWO YEARS? NO 4. ARE YOU A CO-MAKER, CO-SIGNER OR GUARANTOR ON ANY LOAN NOT LISTED ABOVE? FOR WHOM (Name of Others Obligated on Loan): TO WHOM (Name of Creditor): I OHIO RESIDENTS ONLY: The Ohio laws STATE LAW NOTICES` unless the Credit Union is furnished a copy of the agreement, statement or against discrimination require that all creditors decree, or has actual knowledge of its terms, before the credit is granted make credit equally available to all creditworthy customers, and that credit or the account is opened. (2) Please sign if you are not applying for this reporting agencies maintain separate credit histories on each individual account or loan with your spouse. The credit being applied for, if granted, upon request. The Ohio Civil Rights Commission administers compliance will be incurred in the interest of the marriage or family of the with this law. undersigned. WISCONSIN RESIDENTS ONLY: (1) No provision of any marital property agreement, unilateral statement under Section 766.59, or court decree X under Section 766.70 will adversely affect the rights of the Credit Union SIGNATURE FOR WISCONSIN RESIDENTS ONLY DATE SIGNATURES You promise that everything you have stated in this application is correct received. You understand that the Credit Union will rely on the information to the best of your knowledge and that the above information is a in this application and your credit report to make its decision. If you complete listing of what you owe. If there are any important changes you request, the Credit Union will tell you the name and address of any credit will notify us in writing immediately. You authorize the Credit Union to bureau from which it received a credit report on you. It is a federal crime obtain credit reports in connection with this application for credit and for to willfully and deliberately provide incomplete or incorrect information on any update, increase, renewal, extension or collection of the credit loan applications made to federal credit unions or state chartered credit unions insured by NCUA. 11 X (SE= X (SEAL) APPLICANT'S SIGNATURE DATE OTHER SIGNATURE DATE FOR CREDIT UNION USE ONLY DATE VED F APPROVED SIGNATURE LINE OF CREDIT OTHER OTHER DEBT RATIO/SCORE LIMITS: EF DENIED $ $ B ORE AFTER $ e Action Noti ce Sent) $ LOAN OFFICER COMMENTS: SIGNATURES: X X DATE DATE PAGE 2 AXX023 (LASER) AmeriChoice F E D E R A L C R E D I T U N I O N 20 Sporting Green Drive Mechanicsburg, PA 17050 ORROWER 1 NAME (Please Print) ACCOUNT NUMBER Jack Desanto 38567 This LOANLINER11 Credit 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 the Credit Union whose name appears on the Plan or anyone to whom the Credit Union transfers its rights under the Plan. 1. HOW THIS PLAN WORKS - This is an open-end, multi-featured credit plan. We anticipate that, from time to time, you will borrow money (called "advances") under the Plan. We are not required to make advances to you under the Plan and can refuse a request for an advance at any time. The Addendum describes the different types of credit (called "subaccounts") available under the Plan, the current interest rate for each subaccount expressed as a daily periodic rate and corresponding annual percentage rate and other charges. It may also have other terms and a schedule for determining the payment amounts. 1. You have received and read the LOANLINER® Credit Agreement, including the Addendum ("Agreement") and a Credit Insurance Certificate. By signing below you agree to be bound by the terms of the Agreement. 2. You grant us a security interest in all individual and joint share and/or deposit accounts you have with us now anduture to secure what you 2 NAME (Please Print) r Open-End Plan Signatures 2. CREDIT LIMIT- We may, but do not have to, establish a credit limit on certain subaccounts. If a credit limit is set for a subaccount, you promise not to exceed the established credit limit. If you exceed the credit limit, you promise to repay immediately the amount which exceeds the credit limit. 3. 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 due and any amount by which you have exceeded any credit limit you have been given for a subaccount. You may repay all or part of what you owe at any time without any prepayment penalty. Even if you prepay, you will still on reverse owe under the LOANLINERe Credit Agreement. When you are in default, you authorize us to apply the balance in these accounts to any amounts due. Shares and deposits in an Individual Retirement Account, and any other account that would lose special tax treatment under state or federal law if given as security, are not subject to the security interest you have given in your shares and deposits. I EL, A- Lv (SEAL)2-17-06 BORROWER IGNATURE DATE BORROWER 2 SIGNATURE CUNA Mutual Insurance Society - Madison, WI 53701-0391 - Phone: 800/937-2644 "You" or "Your" means the member and the joint insured (if applicable). Credit insurance is voluntary and not required in order to obtain your loan. You may select any insurer of your choice. You have established an open-end Loan Plan with the Credit Union. Your Loan Plan may consist of one or more Loans. You are applying to the Society for credit insurance. You authorize the charges for insurance to be added to your Loan Balance each month and understand that interest will accrue on DATE these charges the same as it accrues on amounts of advances which are added to your Loan Balance, DO NOT SIGN THIS APPLICATION IF IT CONTAINS ANY BLANK SPACES. This application is void and will not be used in a contest If all blank spaces have not been completed, if the member has not signed and dated the Application, and if the Application has not been witnessed. NOTE: The insurance you're applying for contains certain terms and exclusions; Refer to your certificate for coverage details. INSURED MEMBER MEMBER'S DATE OF BIRTH ACCOUNT NUMBER ATE OF ISSUE OF THIS CERTIFICATE JOINT INSURED MEMBER JOINT INSURED'S DATE OF BIRTH GROUP POLICY NUMBER SECONDARY BENEFICIARY (If you desire to name one) 037-1848-3 THE FOLLOWING STA]t:MEIII MADE BY YOU ARE I AND ARETRU TO Llf BEST FYOUR NOWLED E AID BELIEF: CREDIT DI BILI INS RANC CREDIT LIFE INSLIRANQE If YES NO C AGE SEL TE t ? PER $ 100 T GL CREDIT L E :? NF C OUR MONTHLY $.07 LBALANCE COST ER $100 DINT CR DIT LIF OF YOUR MONTHLY $.123 LOAN BALANCE RE YOU 5 MAXIMUM AGE 65- NDER AGE ? FOR INSURANCE MAXIM M INSURABLE B LANCE -UNDER CREDIT LIFE AND DISABILITY, THE PER LOAN ACCOU T MAXIMUM ELIGIBILITY AGE FOR COVERAGE $ 50,000 IS 65, WITH NO MAXIMUM TERMINATION AGE. SIGNATURE OF JOINT INSURED ME BER DATE X WITNESS DATE X YES NO C ERAG SELEC ED IUM SCHEDULE SI GLE CR IT DIS SILTY S E SEPARATE RA SCHEDULE O THIS DAT ARE U PH SICALLY W RKING FOR A SALARY OR GES A MINI UM F 25 H URS A WEEK? A E YOU 65 MAXIMUM AGE 65 U ER AGE ? FOR INSURANCE MAXIMUM MONTHLY TOTAL -UNDER CREDIT LIFE AND DISABILITY, THE DISABILITY BENEFIT MAXIMUM ELIGIBILITY AGE FOR COVERAGE $ 850.00 IS 65, WITH NO MAXIMUM TERMINATION AGE. If you are totally disabled for more tha 14 days, then the disability benefit will begin with the 15th day of disability. WITNESS DATE X X SIGNATURE OF MEMBER DATE (Be sure to check one of the boxes above) APPS11-0786PA X SIGNATURE OF MEMBER DATE (Be sure to check one of the boxes above) APRB01-0786FA DCUNA TO ORDER MUTUAL GROUP, 64, 86, 69, 98, 99, 2000. ALL RIGHTS RESERVED CREDIT UNION COPY FLEXIBLE AGREEMENT XSYSTEM XO 3 Credit Agreement (continued) be required to make the regularly scheduled payments unless we agree in writing to a us updated financial information. change in the payment schedule. If you have a joint share draft account, you will be responsible for paying all overdraft advances obtained by a joint holder of the share 13. WAIVER - We can delay or waive enforcing any of our rights under this Plan, including your obligation to make timely payments without losing our right to enforce draft account. Unless otherwise required by law, payments will be applied to amounts owed under the Plan in the manner the Credit Union chooses , the terms of the Plan at a later time. If the law makes any term(s) of the Plan , . 4. PLAN ACCESS - You can obtain credit advances in any manner authorized by us. If we allow you to use your ATM/Debit card to access the Plan, you may be liable for unenforceable, the other terms will remain in effect. 14. DEFAULT - The following paragraph applies to borrowers in Idaho, Kansas, Maine and state chartered credit unions lending to South Carolina borrowers: You the unauthorized use of your ATM/Debit card. You will lot be liable for unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft, or possible 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 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 , , realization on any property given as security is significantly impaired. or address that appears elsewhere in the Plan. If the card s used to obtain unauthorized advances directly from the Plan, your liability will not exceed $50. If the unauthorized The following paragraph applies only to borrowers in Wisconsin: You will be in default if you fail to make a payment when due two times during any 12 month period. You will withdrawal is from a share draft account, your liability is governed by the Regulation E be in default if breaking any promise made under the Plan materially impairs your ability 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 to repay what you owe. You will also be in default if breaking any promise made under a Security Agreement made in connection with an advance, materially impairs the . 5. FINANCE CHARGE - The dollar amount you pay for money borrowed is called a condition, value, or protection of or our right in any property you gave as security. "finance charge" and begins on the date of each advance. A finance charge will be The following paragraph applies only to borrowers in Iowa: You will be in default if 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 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 if you have not yet made a payment) is multiplied by the applicable daily periodic rate. any property you gave as security or your ability to repay what you owe under the Plan. The sum of these amounts is the finance charge owed. The balance used to compute The following paragraph applies to borrowers in all otherstates and federally chartered the finance charge is the unpaid balance each day after payments and credits to that credit unions lending to South Carolina borrowers: You will be in default if you do not balance have been subtracted and any additions to the balance have been made. In make a payment of the amount required when it is due. You will be in default if you break addition to interest, we may charge other finance charges which are disclosed on the any promise you made under the Plan or if anyone is in default under any security Addendum. If the interest rate is a variable interest rate, the Addendum explains how agreement made in connection with an advance under the Plan. You will be in default if you the variable interest rate works. die, file for bankruptcy, become insolvent, if you make any false or misleading statements 6. SECURITY - You pledge as security for the Plan all shares and dividends and, if any, all deposits and interest in all joint and individual accounts you have with us now and in 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 also be in the future. If a specific dollar amount is pledged for an advance, we will freeze shares in default under the Plan if you are in default under any other loan agreement with us. that account to the extent of the outstanding balance for the advance. Otherwise, your 15. ACTIONS AFTER DEFAULT - The following paragraph applies to borrowers in pledged shares may be withdrawn unless you are in default:. If credit union has a federal Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts, Missouri, charter: Statutory Lien - If you are in default on a financial obligation to us, federal law Nebraska, West Virginia, Wisconsin and state chartered credit unions lending to gives us the right to apply the balance of shares and dividends in all individual and joint South Carolina borrowers: When you are in default and after expiration of any right you accounts you have with us to satisfy that obligation. After you are in default, we may have under applicable state law to cure your default, we can demand immediate exercise this right without further notice to you. (We have a federal charter if our name payment of the entire unpaid balance under the Plan without giving you advance notice. includes the term "Federal Credit Union.") if credit union is state chartered, except in The following paragraph applies to borrowers in all other states and to federally Ohio, Rhode Island, and Massachusetts: We have a statutory lien on the shares and chartered credit unions lending to South Carolina borrowers. When you are in default, dividends and, if any, the deposits and interest in all individual and joint accounts you we can require immediate payment (acceleration) of the entire unpaid balance under the have with us and may exercise our rights under the lien to the extent permitted by state Plan. You waive any right you have to demand for payment, notice of intent to accelerate law. (We are state chartered if our name does not include the term "Federal Credit and notice of acceleration. 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 The following paragraph applies to all borrowers: If immediate payment is demanded, you will continue to pay interest until what you owe has been repaid at the applicable 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. , interest rates in effect or, if applicable, at the default rate disclosed on the Addendum. If a demand for immediate payment has been made, your shares and/or deposits can Additional security for the Plan may be required at the time of an advance. If a be applied towards what you owe as provided in the Section above called "Security". subaccount identifies a type of property (such as "New Cars") you must give that type of We can also exercise any other rights given by law when you are in default, and any property as security when you get an advance under that subaccount. A subaccount rights we have under any Security Agreements you have with us. 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 16. CANCELLING OR CHANGING THE PLAN -The following paragraph applies only to state chartered credit unions lending to Illinois borrowers: We have the right to change 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 the terms of the Plan from time to time after giving you any advance notice required by law. Any change to the interest rate or other charges will apply to future advances you have with us may also secure the Plan. 7. PROPERTY INSURANCE- You will be required to purchase property insurance on . 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 certain types of security that you give for advances. You may purchase the property insurance from anyone you choose that is acceptable to the Credit Union . Statutes. You will be notified of any change in terms. An increase in the daily periodic rate . 8. CREDIT INSURANCE - Credit life and/or credit disability insurance is optional under a variable interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan or any part of the Plan at any time. You may cancel the Plan at any under the Plan. If you qualify for and purchase the insurance from us, you authorize us time by giving us prior written notice. Your obligation to pay the unpaid balances under to add the insurance premiums monthly to your loan balance and charge you interest the terms of the Plan continues whether you or the credit union cancel the Plan, except to on the entire balance. If you elect credit insurance, your payments may increase or the the extent that your liability is limited by Section 422.4155 of the Wisconsin Statutes. period of time necessary to repay your advance may be extended. The credit insurance rates may change during the Plan. If the rates change, we will provide any notices The following paragraph applies only to borrowers in Iowa: We can change the terms of the Plan from time to time after giving you any advance notice required by law A required by applicable law. 9. PERIODIC STATEMENT - On a regular basis you will receive a statement showing . 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 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. 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. Unless applicable law requires notice to each joint borrower, notice to any one of you will be notice to all The following paragraph applies to borrowers in all other states and federally . 10. JOINT ACCOUNTS - If this is a joint account, each of you is individually and chartered credit unions lending to Illinois borrowers. We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. jointly responsible for paying all amounts owed. That means we can enforce our rights under the Plan against any one of you individually or against all of you together. If you 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. 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 The following paragraph applies to all but Wisconsin borrowers: An increase in the daily periodic rate under a variable interest rate is not considered a change in terms other(s) to obtain advances individually and agrees to repay advances made to the other(s). Any joint accountholder may terminate the Plan by giving us prior written under the Plan. We can cancel the entire Plan or any part of the Plan at any time. You 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 can cancel the Plan at any time by giving us prior written notice. Your obligation to pay the unpaid balances under the terms of the Plan continues whether you or the Credit . 11. 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 Union cancel the Plan. 17. The following is required by Vermont law: NOTICE TO CO-SIGNER - . , the amount of the fee will be disclosed to you at the time you obtain an advance. We may YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY also charge you other fees in connection with the Plan. Our current fees are disclosed on LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES the Addendum and will be added to your loan balance unless you pay them in cash. NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. 12. UPDATING CREDIT INFORMATION - You promise that you will promptly give us written notice if you move, change your name or employment, or if any other 18. NOTICE TO UTAH BORROWERS: This written agreement is a final expression of the agreement between you and the Credit Union. This written agreement may not be information you provided to us changes. Upon our request, you also agree to provide contradicted by evidence of any oral agreement. • • 20 Sporting Green Drive AmenChoke Mechanicsburg, PA 17050 l? FEDERAL CREDIT UNION (717) 795-0249 VISA CLASSIC VISA CREDIT CARD AGREEMENT In this Agreement the words "you" and "your" mean each and all of those who agree to be bound by this Agreement; "Card" means the VISA credit card and any duplicates, renewals, or substitutions the Credit Union issues to you; "Account" means your VISA credit card line of credit account with the Credit Union, and "Credit Union" means the Credit Union whose name appears on this Agreement or anyone to whom the Credit Union transfers this Agreement. 1. USING YOUR ACCOUNT - If you are approved for an Account, the Credit Union will establish a line of credit for you and notify you of your credit limit. You agree that your credit limit is the maximum amount (purchases, cash advances, finance charges, plus "other charges') that you will have outstanding on your Account at any time. If you are over your credit limit, you must pay the amount you are over before payments will begin to restore your credit limit. You may request an increase in your credit limit only by a method acceptable to the Credit Union. The Credit Union has the right to reduce your credit limit, refuse to make an advance and/or terminate your Account at any time for any reason not prohibited by law. 2. USING YOUR CARD -You understand that the use of your credit card will constitute acknowledgement of receipt and agreement to the terms of the credit card agreement. You may use your card to make purchases from merchants and others who accept Visa cards. However, you may not use your card to initiate any type of gambling transaction. If you wish to pay for goods or services over the Internet, you may be required to provide card number security information before you will be permitted to complete the transaction. In addition, you may obtain cash advances from the credit union and from other financial institutions that accept Visa cards, and from some automated teller machines (ATMs). (Not all ATMs accept Visa cards.) To obtain cash advances from an ATM, you must use the personal identification number (PIN) issued to you for use with your card. You agree that you will not use your card for any transaction that is illegal under applicable federal, state or local law. 3. RESPONSIBILITY - You agree to pay all charges (purchases and cash advances) to your Account that are made by you or anyone whom you authorize to use your Account. You also agree to pay all finance charges and other charges added to your Account under the terms of this Agreement or another agreement you made with the Credit Union. If this is a joint Account, Section 17 below also applies to your Account. 4. FINANCE CHARGES - A Finance Charge will be imposed on Credit Purchases only if you elect not to pay the entire New Balance of purchases shown on your monthly statement for the previous billing cycle within twenty-five (25) days from the closing date of that statement. If you elect not to pay the entire New Balance of purchases shown on your previous monthly statement within that 25-day period, a Finance Charge will be imposed on the unpaid average daily balance of such Credit Purchases from the previous statement closing date and on new Credit Purchases from the date of posting to your account during the current billing cycle, and will continue to accrue until the closing date of the billing cycle preceding the date on which the entire New Balance of purchases is paid in full or until the date of payment if more than twenty-five (25) days from the closing date. The Finance Charge for a billing cycle is computed by applying the monthly Periodic Rate of 1.075%, which is an ANNUAL PERCENTAGE RATE of 12.90% to the average daily balance of Credit Purchases, which is determined by dividing the sum of the daily balances during the billing cycle by the number of days in the cycle. Each daily balance of Credit Purchases is determined by adding to the outstanding unpaid balance of Credit Purchases at the beginning of the billing cycle any new Credit Purchases posted to your account, and subtracting any payments as received and credits as posted to your account, but excluding any unpaid Finance Charges. A Finance Charge will be imposed on Cash Advances from the date made or from the first day of the billing cycle in which the Cash Advance is posted to your account, whichever is later, and will otherwise be calculated in the same manner as explained above for Credit Purchases. Balance transfers are calculated in the same manner as cash advances. 5. OTHER CHARGES - The following other charges (fees) will be added to your Account, as applicable: C, MNA MUTUAL GROUP M W,, ALL PIG-TS RESERW! 27512010 Cuslom 02/1 7/08 31399 a. Over-the-Credit-Limit Fee. You may be charged a fee of $10.00 on a state- ment date if your New Balance on that date, less any fees imposed during the cycle, is over your credit limit. You will be charged the fee each subsequent month until your New Balance on the statement date, less any fees imposed during the cycle, is BELOW your credit limit b. Late Payment Fee. If you are ten (10) or more days late in making a payment, a late charge of $10.00 will be added to your account. c. Collection Cost Fee. To the extent permitted by law. You will also be required to pay the credit unions 20% collection expenses. Including court costs and attorneys fees. 5. PAYMENTS - Each month you must pay at least the minimum payment shown on your statement by the date specified on the statement or no later than twenty-five (25) days from the statement closing date, whichever is later. If your statement says the payment is 'Now Due " your payment is due no later than twenty-five (25) days from the statement closing date. You may pay more frequently, pay more than the minimum payrnent or pay the Total New Balance in full. If you make extra or larger payments, you are still required to make at least the minimum payment each month your Account has a balance (other than a credit balance). The minimum payment is 2% of your Total New Balance, or $15.00, whichever is greater, plus the amourd of any prior minimum payments that you have not made, and any amount you are over your credit limit. The Credit Union also has the right to demand immediate payment of any amount by which you are over your credit limit. 7. PAYMENT ALLOCATION - Subject to applicable law, your payments may be applied to what you owe the Credit Union in any manner the Credit Union chooses. We may accept checks marked "payment in full" or with words of similar effect without losing any of our rights to collect the full balance of your account with us. B. SECURITY INTEREST - If you give the Credit Union a specific pledge of shares by signing a separate pledge of shares, your pledged shares will secure your Account. You may not withdraw amounts that have been specifically pledged to secure your Account until the credit union agrees to release all or part of the pledged amount. In addition, your Account is secured by all other shares you have in any individual or joint account with the Credit Union, except for shares in an Individual Retirement Account or in any other account that would lose special tax treatment under state or federal law f given as security. You authorize the Credit Union to apply the balance in your individual or joint share accounts to pay any amounts due on your Account if you should default. Collateral securing other loans you have with the Credit Union may also secure this loan, except that a dwelling will never be considered as security for this Account, notwithstanding anything to the contrary in any other agreement. 9- DEFAULT- You will be in default if you fail to make any minimum payment or other required payment by the date that it is due. You will be in default if you break any promise you make under this Agreement. You will be in default 9 you die, file for bankruptcy or become insolvent, that is, unable to pay your obligations when they become due. You will be in default it you make any false or misleading statements in any credit application or credit update. You will also be in default if something happens that the Credit Union believes may substantially reduce your ability to repay what you owe. When you are in default, the Credit Union has the right to demand Immediate payment of your full Account balance without giving you notice. If immediate payment is demanded, you agree to continue paying finance charges, at the periodic rate charged before default, until what you owe has been paid, and any shares that were given as security for your Account may be applied towards what you owe. 10. LIABILITY FOR UNAUTHORIZED USE-LOST/STOLEN CARD NOTIFICATION -- You agree to notify us immediately, orally or in writing at 20 Sporting Green Drive, Mechanicsburg, PA 17050 or telephone (717) 795-0249 Monday through Friday 8:00 am - 4:00 pm EST, (800) 433-0505 Mayday through Friday B:00 am - 6:00 pm EST, or (800) 991-4961 seven (7) days a week twenty-four (24) hours a day, of the loss, theft, or unauthorized use of your Credit Card. You may be liable for the unauthorized use of your Credit Card. You will not be liable for unauthorized use that occurs after you notify us of - 1- 4&." wiskailik& EXHIBIT unauthorized use. You will have no liability for unauthorized purchases made with your credit card, unless you are grossly negligent in the handling of your card. In any case, your liability will not exceed $50. 11. CHANGING OR TERMINATING YOUR ACCOUNT - The Credit Union may change the terms of this Agreement from time to time. Notice of any mange will be given in accordance with applicable law. If permitted by law and specified in the notice to you, the change will apply to your existing Account balance as well as to future transactions. Either you or the Credit Union may terminate this Agreement at any time, but termination by you or the Credit Union will not affect your obligation to pay the Account balance plus any finance and other charges you owe under this Agreement. You are also responsible for all transactions made to your Account after termination, unless the transactions were unauthorized. The Card or Cards you receive remain the property of the Credit Union and you must recover and surrender to the Credit Union all Cards upon request or upon termination of this Agreement whether by you or the Credit Union. The Credit Union has the right to require you to pay your full Account balance at any time after your Account is terminated, whether It is terminated by you or the Credit Union. If this is a joint Account, Section 17 of this Agreement also applies to termination of the Account. 12. CREDIT INFORMATION - You authorize the Credit Union to investigate your credit standing when opening or reviewing your Account. You authorize the Credit Union to disclose information regarding your Account to credit bureaus and creditors who inquire about your credit standing. If your account is eligible for emergency cash and/or emergency card replacement services, and you request such services, you agree that we may provide personal information about you and your account that is necessary to provide you wtth the requested service(s). 13. RETURNS AND ADJUSTMENTS - Merchants and others who honor your Card may give credit for returns or adjustments, and they will do so by sending the Credit Union a credit slip which will be posted to your Account. It your credits and payments exceed what you owe the Credit Union, the amount will be applied against future purchases and cash advances. If the credit balance amount is $1 or more, it will be refunded upon your written request or automatically after six (6) months. 14. ADDITIONAL BENEFITS/CARD ENHANCEMENTS •- The Credit Union may from time to time offer additional services to your Account, such as travel accident insurance, at no additional cost to you. You understand that the Credit Union is not obligated to offer such services and may withdraw or change them at any time. 15. FOREIGN TRANSACTIONS - Visa. Purchases and cash advances made in foreign currencies will be debited from your account in U.S. dollars. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from a 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 the government-mandated rate in effect for the applicable central processing date. The exchange rate used on the processing date may differ from the rate that would have been used on the purchase date or cardholder statement posting date. A fee of 1 percent of the amount of the transaction, calculated in U.S. dollars, will be imposed on all multiple currency foreign transactions, including purchases, cash advances and credits to your account. A fee of 0.8 percent of the amount of the transaction, calculated in U.S. dollars, will be imposed on all single currency foreign transactions, including purchases, cash advances and credits to your account. A foreign transaction is any transaction that you complete or a merchant completes on your card outside of the United States, with the exception of U.S. military bases, U.S. territories, U.S. embassies or U.S. consulates. 16. MERCHANT DISPUTES - The Credit Union is not responsible for the refusal of any merchant or financial institution to honor your Card. The Credit Union is subject to claims and defenses (other than tort claims) arising out of goods or services you purchase with the Card 1 you have made a good faith attempt but have been unable to obtain satisfaction from the merchant or service provider, and (a) your purchase was made in response to an advertisement the Credit Union sent or participated in sending to you; or (b) your purchase cost more than $50 and was made in your state or within one hundred (100) miles of your home, 17. JOINT ACCOUNTS - If this is a joint Account, each person on the Account must sign the Agreement (by signing on the applicafion). Each of you will be individually and jointly responsible for paying all amounts owed under this Agreement. This means that the Credit Union can require any one of you individually to repay the entire amount owed under this Agreement. Each of you authorizes the other(s) to make purchases or cash advances individually. Any one of you may terminate the Account and the termination will be effective as to all of you. 18. EFFECT OF AGREEMENT - This Agreement is the contract which applies to all transactions on your Account even though the sales, cash advances, credit or other slips you sign or receive may contain different terms. 19. NO WAIVER - The Credit Union can delay enforcing any of its rights any number of times without losing them. 20. STATEMENTS AND NOTICES - Statements and notices will be mailed to you at the most recent address you have given the Credit Union. Notice sent to any one of you will be considered notice to all. 21. FINAL EXPRESSION - This Agreement is the final expression of the terms and conditions of this VISA line of credit between you and the Credit Union. This written Agreement may not be contradicted by evidence of any alleged oral agreement. 22. COPY RECEIVED - You acknowledge that you have received a copy of this Agreement. 23. SIGNATURES - By signing in the Signature area of the application form that was attached to this Agreement when you received it, you agree to the terms of this Agreement. You should detach this Agreement from the application and retain it for your records. YOUR BILLING RIGHTS KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsi- bilities under the Fair Credit Billing Act. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL - If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at the address listed on your bill. Write to us as soon as possible. We must hear from you no later than sixty (60) days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: • Your name and account number. • The dollar amount of the suspected error. • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or share draft account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three (3) business days before the automatic payment is scheduled to occur. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE - We must acknowledge your letter within thirty (30) days, unless we have corrected the error by than. Within ninety (90) days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply an 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 bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, 9 our explanation does not satisfy you and you write to us within ten (10) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell arryone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill 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 (2) limitations on this right. • You must have made the purchase in your home state or, it not within your home state, within one hundred (100) miles of your current mailing address; and • The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unworn falsification to authorities. I r?,,O a ?, , Harry A. aus , III, Remi orporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. : CIVIL-LAW JACK R. DESANTO, DOCKET NO. Defendant AFFIDAVIT OF NON-MILITARY SERVICE The Defendant is not now in the Military Service, as defined in the Soldier's and Sailor's Civil Relief Act of 1940 with amendments, and has not been in such service within thirty days hereof. ?l 01 Dated this /? day of X2009 .2??,W? Laurinda J. Voelc squire Attorney for Plai if; PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Dec-07-2009 10:36:19 .- Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency DESANTO JACK R Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). )(h got Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 12/07/2009 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:GHMPV4EITA https://www.dmdc.osd.mil/appj/scra/popreport.do 12/07/2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff Vs. CIVIL-LAW JACK R. DESANTO, DOCKET NO. Defendant CERTIFICATION OF ADDRESSES I certify that the precise addresses of Plaintiff and Defendant(s) are as follows: Plaintiff: Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Defendant: Jack R. Desanto 2185 Chestnut Street Camp Hill, PA 17011 Respectfully submitted, Laurinda J. Voely1r, Esquire Attorney for f PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 C rr n^n SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff of ICUM6rrf>114 Al.(-V t. i t" VL Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Case Number 2009-8648 Remit Corporation vs. Jack R. Desanto SHERIFF'S RETURN OF SERVICE 12/17/2009 08:16 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 17, 2009 at 2016 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jack R. Desanto, by making known unto Juliette Desanto, adult in charge at 2185 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 December 18, 2009 2009 DEC 22 PH 2: l¢ 4 A(7\f i- is ".',',!J ?,'?•,1; •. r.1 j,u SO ANS R THOMAS KLINE, SHERIFF ep ty Sheriff kci Gcu^tySuite Sher ft. lele^,s?ft : hoc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. JACK R. DESANTO, Defendant CIVIL-LAW DOCKET NO. 09-8648 CIVIL TERM PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment against Defendant in the above captioned matter as follows: Real debt $ 1,280.92 Interest from Dec. 16, 2009 $ 6.40 Total: $ 1,287.32 Kindly assess damages against Defendant in the sum of $ 1,287.32 plus continuing interest at the statutory rate of 6%. BY: Laurinda J Attorney f UV1%;Kc1, rsyuuc Plaintiff N C'? v ? a3L?sg IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. JACK R. DESANTO, Defendant CIVIL-LAW DOCKET NO. 09-8648 CIVIL TERM TO: Jack R. Desanto 2185 Chestnut Street Camp Hill, PA 17011 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default Money Judgment Judgment in Replevin Judgment of Possession Judgment on Award on Arbitration Judgment on Verdict Judgment on Court findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: LAURINDA J. VOELCKER, ESQUIRE AT THIS TELEPHONE NUMBER: 570-387-1873 / ??z slia IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW JACK R. DESANTO, DOCKET NO. 09-8648 CIVIL TERM Defendant CERTIFICATION OF TEN (10) DAY NOTICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: I, LAURINDA J. VOELCKER, ESQUIRE, hereby swear and certify that I served a copy of the Ten (10) Day Notice by regular mail to Defendant on January 8, 2010. BY:?uzff Laurnnda J oelcker, Esq. Attorne or Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW JACK R. DESANTO, DOCKET NO. 09-8648 CIVIL TERM Defendant NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: Jack R. Desanto DATE OF NOTICE: January 8, 2010 2185 Chestnut Street Camp Hill, PA 17011 EWPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Lawyer Referral Service Cumberland County Bar Association 100 South Street, PO Box 186 2 Liberty Avenue Harrisburg, PA 17108 Carlisle, PA 17013 800-692-7375 717-249-3166 717-238-6807 REMI RPO ed to: Jack R. Desanto Laurin J. 6e1? squire 2185 Chestnut Street 570-387-1873 Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW JACK R. DESANTO, DOCKET NO. 09-8648 CIVIL TERM Defendant AFFIDAVIT OF NON7M ITARY SERVICE The Defendant is not now in the Military Service, as defined in the Soldier's and Sailor's Civil Relief Act of 1940 with amendments, not has been in such service within thirty days hereof. w,Ionualx 0 Dated j#is ay pf A 201 Gauiinda J. Voelckef squire Attorney For Remi orporatic Attorney ID 82706 36 West Main Street Bloomsburg, PA 17815 Telephone: (570) 387-1873 Fax: (570) 387-6474 Request for Military Status Page 1 of 2 Department of Defense Manpower Data Center Jan-19-2010 07:52:54 41 Military Status Report Pursuant to the Service Members Civil Relief Act ? Last First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency Name Based on the information you have furnished, the DMDC does not possess DESANTO JACK R any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL htti)://www.defenselink.mil/fag/pis/PC09SLDR.htmi. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 01/19/2010 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:HB02616KNR https://www.dmdc.osd.mil/appj/scra/popreport.do 01/19/2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW JACK R. DESANTO, DOCKET NO. 09-8648 CIVIL TERM Defendant CERTIFICATION OF ADDRESSES I certify that the precise address(es) of Plaintiff and Defendant(s) are as follows: Plaintiff: Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Defendant: Jack R. Desanto 2185 Chestnut Street Camp Hill, PA 17011 Respectfully submitted, Laurinda J. Voelll &,'Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Telephone: (570) 387-1873 Fax: (570) 387-6474