HomeMy WebLinkAbout10-0241IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
V$.
RUSSELL E BURNHISEL
Defendant
NO. 1 O - JA 1 0- ivi l Ie, rM
: CIVIL ACTION -LAW
NOTICE TO DEFEND
Pursuant to PA RCP No. 1018.1
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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 Street
Carlisle, PA 17013
717-249-3166
800-990-9108
Aqa.oo Pb ATT--/
at-0 doallo/ 100 (00
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Document #: 180057.1
EN LA CORTE DE ALEGATOS COM UN DEL CONDADO DE CUMBERLAND,
PENNSYLVANIA
PENNSYLVANIA STATE EMPLOYEES NO.
CREDIT UNION,
Plaintiff
VS.
RUSSELL E BURNHISEL
Defendant CIVIL ACTION -LAW
AV I S O PARA DEFENDER
Conforme a PA Num. 1018.1
USTED HA SIDO DEMANDO/A EN LA CORTE. Si usted desea defender conta la
demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias
despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia
personalmente o por un abogado y archivando por escrito con la Corte sus defenses o objeciones
a las demandas puestas en contra usted. Usted es advertido que si falla de hacerlo el caso puede
proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso
por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado
por Demandante. Ustedpuede perder dinero o propiedad o otros derechos importante para usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED
NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA
AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE
PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER
SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O
GRATIS.
Cumberland County Bar Association
32 S Bedford Street
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.
RUSSELL E BURNHISEL
Defendant
NO. J Q ,? 6/l
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, Russell E Burnhisel, is an adult individual with a last known address
of 124 2nd Street, Enola, PA 17025.
3. Defendant is, and at all relevant times material hereto has been, the primary loan
applicant.
4. Defendant applied to Plaintiff for a loan for the purpose of purchasing a motor
vehicle.
5. The loan application submitted by Defendant was approved by Plaintiff and
Defendant signed a Loanliner Advance Proceeds Check for the purchase of the vehicle. A true
and correct copy of said Loanliner Advance Proceeds Check is attached hereto, incorporated
herein and marked as Exhibit "A".
Document #: 180057.1
6. Pursuant to the Loanliner Advance Proceeds Check marked as Exhibit "A",
Defendant agreed to the terms and conditions of the extension of credit as set forth in the
Loanliner Credit and Security Agreement (hereinafter referred to as "Contract"). A true and
correct copy of the Loanliner Credit and Security Agreement is attached hereto, incorporated
herein and marked as Exhibit "B".
7. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms
and conditions of the Contract marked as Exhibit "B".
8. Various charges and payments were made by Defendant on the account.
9. Plaintiff provided a letter to Defendant stating that the vehicle purchased by
Defendant was deemed repossessed. The letter further advises Defendant that unless payment in
full was made on the outstanding loan balance, the said vehicle would be sold at a public sale
and Defendant will be responsible for any resulting deficiency.
10. As a result of Defendant's failure to cure the default in payment, and pursuant to
state law remedies, Plaintiff sold the vehicle at public sale.
11. Plaintiff provided a letter to Defendant indicating that there was a resulting
deficiency after the sale of the vehicle.
12. Plaintiff has maintained a statement of account keeping an accurate and running
amount of debits and credits made on Defendant's account.
13. Plaintiff has submitted to Defendant a copy of the statement of account accurately
showing all debits and credits for transactions with Defendant.
14. Defendant has not objected to any of the'monthly statements of account submitted
by Plaintiff to Defendant.
Document #: 180057.1
15. Despite Plaintiff's reasonable and repeated demands for payment, Defendant has
failed, refused and continues to refuse to pay all sums due and owing on Defendant's loan
account balance, all to the damage of Plaintiff.
16. As of January 5, 2010, the balance due, owing and unpaid on Defendant's loan
account with Plaintiff is the sum of Twenty Thousand Eight Hundred One Dollar and 09/100
($20,801.09).
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 Three Thousand Five
Hundred Fifty Dollars and 21/100 ($3,550.21) 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,
Russell E Burnhisel, in the amount of Twenty-four Thousand Three Hundred Fifty-one Dollars
and 30/100 ($24,351.30), plus interest, the costs of this action, and such other relief as the Court
deems just and proper.
Respectfully submitted,
VAN ECK & VAN ECK, P.C.
By:
Melissa L. Van Eck, Esquire
Attorney I.D. No. 85869
7810 Allentown Blvd, Suite B
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
unworn falsification to authorities.
Pennsylvania State Employees Credit Union
By:
Title: ?w2dT C
Date: 1-5-1 V
Exhibit "A"
C?f
LOANUML
ADVANCE PROCEEDS VOUCHER
AND SECURITY AGREEMENT
PSECO
U. -
Pennsylvania State
Employees Credit Union
P. O. Box 67013
Harrisburg, PA 17106-7013
717.234.8484
800.237.7328
1• • •
IFTHIS Is A HOME EQUITY ADVANCE. THE ONLYSECURITY FOR THIS ADVANCE IS THE REAL PROPERTY (INMOST CASES YOUR HOME) WHICH YOU GAVE AS SECURITY WHEN YOUR ACCOUNT
WAS ESTABLISHER
IF THIS 1S NOT A HOME EQUITY ADVANCE, IN ADDITION TO THE PLEDGE OF SHARES IN YOUR LOANLWW CREDIT AGREEMENT. THE FOLLOWING PROPERTY SECURES THIS ADVANCE
.
ITEM PROPERLY rMODEL:? r;''.YEAR ^. 'C' ?' ':kD NU v^." Er": xwi.' Y•:t^.V ,: • .
1. CHEVROLET UHURBAN 2002 3GNFK16Z12G297284 SW 23,620.00
2.
3.
4. OTHER
YOU PLEDGE SHARES ANDVOR DEPOSITS OF $ IN ACCOUNT NUMBER
OLD ACCOUNTILOAN NUMBER (A) PAYOFF (PRINC.+ WT. OLD ACOOUNTA.OAN NUMBER B PAYOFF PRINC_+ INT) OLD ACOOUNTA:OAN NUMBER (0) PAYOFF (PRINC.+ INT)
OLD ACCOUNTILOAN NUMBER (D) PAYOFF WRING.+ INT.) OLD ACCOUNTA.OAN NUMBER (E) PAYOFF (PR1NC. + INT.) OLD ACCOUNTA.OAN NUMBER PAYOFF PRINC. + INT.) _ IF)
By accepting the proceeds or by using the funds advanced and deposited Into your share/share draft account, you agree (1) that the property referenced above
will secure the advance and any other advances you have now or receive in the future under the LOANLINER' Credit and Security Agreement (the Plan) and
h
any ot
er 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.
0 WM MUNAL BRDBP.19B6, 64. M, 66, 89,96.9% 4000, 01. 04, 06. ALL. RIGRTS RESERVED PENNSYLVANIA STATE EMPLOYEES CREDIT UNION FORM 03176 JVX0(0100-1 037-2082-1 (MM
;ECURiTY AGREEMENT
this agr1ement 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 If you do not pay the taxes or fees on the property when due or keep it insured, we may
)reement which will be referred to as the Plan. All references to you, your, and
brewer mean each person who signs this agreement. All references to the advance pay these obligations, but we are not required to do so. Any money we spend4or taxes,
can the amount in the box labeled Amount Advanced. This is a multi-state document fees or insurance will. be added to the unpaid balance of the advance and you will pay
rich may be used to lend to borrowers in all states except Louisiana and Wisconsin. interest on those amounts at the same.rate you agreed to pay on the advance. We may receive ayments in THE SECURITY FOR THE LOAN - By signing this security agreement in the insurance. We may on tortour with
for therpurpose of determining wrhethery u and
!nature area or under the statement referring to this agreement which is on the back other borrowers have complied with the insurance requirements of our loan agreements
the check you receive for the advance,. You give us what is known' as a security or may engage others to do so. The insurance charge added to the advance may include
,rest in the property described in the Security Offered section on the reverse side. . (1) the insurance company's 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
tched 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
'odes 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 B, NOTICE - If you do not purchase the required property insurance, the insurance
money you receive from selling the property or from insurance you have on the we may purchase and charge you for will cover only our interest in the property. The
oerty. If the value of the property declines, you promise to give us more property insurance will not be liability insurance and will not satisfy any state financial
ecurity if asked to do so.
WHAT THE SECURITY INTEREST COVERS The security interest secures the responsibility or no fault laws.
tnce 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 properly, but have not signed the Plan, you will be. in default t anyone is in
e future, except any loan secured by your principal residence.. If the properly is default who has signed the Plan.
,hold goods as defined by the Federal Trade Commission Credit Practices Rule, 10. WHAT HAPPEN'S IF YOU ARE IN DEFAULT- The followin
ropert hold y will secure only the advance and not other amounts you owe. to borrowers in Colorado, District of Columbia, Iowa, Xanvas,h Malnes
OWNERSHIP OF THE PROPERTY - You promise that you own the property or are in default and after expiration of any right you have u dWeappl cable state law to
advance is to buy the property, you promise you will use the advance for that cure your default, we can require immediate payment of your outstanding balance
)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 about
or with
another creditor until the advance is The following paragraph applies to borrowers in all other states; When you are in
f. You promise you will allow no other security interest or lien to attach to the defaut, 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 waive any rightyou have to demand for
ROTECTiNG 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 ttie. We may have The following 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
-omise to do whatever else we think is necessary to protect our security interest to deliver the property at a time and place we choose. We will not be responsible for
property. You promise to pay all costs, including but not limited to any attorney any other property not covered by this agreement that you Leave inside the property
ve incur in protecting our security interest and rights in the property, to the it that is attached to the property, We will try to return that property to you or make -,
permitted by applicable law, it available to you to claim.
pE 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 ly money any
e the property carefully and keep it in good repair. (2) Obtain our Airittan amounts you owe us, We will give you notice of any public sale oP thehdate aftertwhich posseson and the
lion before making major changes to the property or changing the address a private sale will be held. Our expenses for takin
:he property is kept (3) Inform us in writing before changing your address, (4) Property will be deducted from the money received 9rom the sale.oThose costsgmay
is to inspect the property. (5) Promptly notify trs if the property is damaged, include the cost of storing the property, preparing it for sale and attorney's fees 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 OFFENSES NOTICE -The Iollowin the sate money will be applied to what you owe under the Plan.
only when the box an reverse side is checked. q paragraph If you have agreed to pay the advance, you will also have to pa an a t
E: ANY HOLDER OF THIS C014SUMER 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.
1PERTY INSURANCE, TAXES AND FEES - You must maintain property
e on all property that you give as security under the Plan. You may purchase
'fly insurance from anyone you choose who is acceptable to the Credit Union.
unt and coverage of the property insurance must be acceptable to us. You
fide the property insurance through a policy you already have, or through a
u get and pay for. You promise to make 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 all taxes and fees (like
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 14ORTH 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 of TO THE SECURED PARTY ARE NOT RECEIVED 114 THAT SALE, YOU
MAY HAVE TO PAY THE DIFFERENCE.
14. NOTICE FOR ARIZONA OWNERS OF PROPERTY- It is unlawful foryou to tail to
return a motor vehicle that is subject to a security interest, within thirty days after you
have received notice of default. The notice will be mailed to the address you oave us. It
is your responsibility to notify us if your address changes. The ma);imum penaiy for
unlawful failure to return a motor vehicle is one year i
P in prison anrror a `ine of X150,000.
;Ui CRTY DESCRIPTION PU TV[- f;FUFRCC cmi:: is Fes,. 1-..._
Trl
Pennsylvania -S&te trmployees`'Credit Union' No. 6442650':'
•' %'
' PO Box 6700 's Hadlstiuq, PA 17f06-7013 • ' (717)274.8484x(800)777.7378
AUTODRAFT, f• VOID OVEA,5?30 750'00;'rl: REFERENCE}' 8370693635. VOID.120.DAYS- AFTER; 0.8/2912007
n. ''I:'. •, ?-r??/- ?? ??: •: f ??r fl .i" ': '."?. ? lj? :J, -/ iii :.".
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1 ORDER F,.IDEALERI f `'TILT[':"L?L?)s:'; sIVC. , i.f.. r• .r$ :JQ f ai`J i• ll?S::;
,^ -//>>/'l' (.%r' ` [! .? r ? '?i?•ee ? al/ ?.r ?rMl?' 113'0""• vim-DOLLARS '
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IMPORT ' VOID,VNLESS DEALER ENDORSEMENT?COMPLETED
6rrysi'f OrAei !"of Si.' {New and Used Vehiciesi acid factory In6..'IN6, V.N.Ics1
.cafvaA 6efore'dii AuwDrad(1$lceeived by PSECU or ifr AuteDiafr wre bee:%
must
.
re5ailtcd. ?pordon cl the proceeds of the •A AoDfaft shall be paid to the Sorrovi.rlslz,
or to arty agent or the Borrewu(sl: Thie AutoDnle ihe? nol be a..d to p?rrehue
reconstiucted. cmnmerdtl, daule, theft. salvaged or flood aided Vohlass or veldd.+
tiVsd outilde the Ibdled States",BY a'4411 ig the D' eeaeds of IMi dtalt, you agree to
tfr Terms bated on the°revara wdal • % '?- ,, PSECU FAXS 717.7674384' .: ,
vwa,•*r r ::t. '•. J?/ :`: r,_;r •! rflv, user:
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MEMBER'ENDORSEMENT•r,?''
B endo`titrig,thIe uto0 ilt'l/W, i ree to the Germs listedon thel'reverso skid • ?'
?t th ?el?; ornplit? ?'liffow(np ripsymenthfermation,,. r ?•r'`•. t . i„ ??
:%mt (Moiww •S7?=rRdd to Mailmwm 7 Me in 114MoV.W. Loans • c. f? • ;'.
McOnd. ? Aute Transfsr,? Hemebanking ? PayrnI-e-Ili : ,Q;MentNy Coupon Dr m Parmen
Frequencyw.?;MWhfy??,[ti•WaaklY.? W.ekly ?-1 ,Sem0iJlontWy ., •' .
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Memtier Endorsement ?j dAd'
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1,. ?,i:• .RUSSELLEBURNHISEL;,-,
Co-Applicant Endorsement
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Exhibit "B"
PSEC?
Pennsylvania State Employees Credit Union
PO. Sox 67013 I Harrisnuro. PA 17106-7013 1 (717) 234.6464 Harrfsnurr3. (800) 237-732.9 Navoinw;ye
Loan Disclosures
This LOANLINER` 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 rrlean 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-flialured credit plan We
anticipate that, from time to time, you wit; borrow rrroney (Called "advances") under
j 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 desrhbe.,.s the
different types of credit (called "subaccounts") available under the Plan, :he current
interest rate tot 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 r_edam
subaccounts, It a credit limit is set for a subacrount, you promise not to exceed the
estaolishad credit limit. If you exceed the inert frwt. you pn.m!se to repay
immediately the amount which exceeds the credit limit.
REPAYMENT -You promise to repay all amounts you owe under the Piat'? plus
interest, Payments are dve on the !ast day of the month unless we set a different day
at the time of an advance. It the Addendum has no payment schedule !or a
subaccount, your payment grill be determined at the time of each advance
Payments must include any amount past due and any ;amount by which you nave
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 be required to make the regularly scheduled payments unless
we agree in wilting to a change in the payment schedule. It you have a joint
sharedraft account, you will be responsible for paying all overdraft advances
obtained by a joint holder of the sharedraft account. Uniess otherwise required by
law, payments will be applied to amounts owed under Ina Plan, In the manner the
Credit Union chooses,
PLAN ACCESS -You can obtain credit advances in any manner authorized tit' us, it
we allow you to use your ATM/Debit card to access the Plan, you may be liable for the
unauthorized use of your ATMiDebd card You will not be liable for unauthorized use
[hat occurs after you notify us. crafty or in writing, of the loss, theft, or possible
unauthorized use. ti you believe your ATM/Debit card tors been lost or stolen.
immediately inform the Credit Union by calling of writing us at the telephone number br
address that appears elsewhere in the Plan, If the card is used to obtain unauthorized
advances directly from She Plan, your liability will not exceed SSU If the unauthorized
withdrawal is from a sharedrah account, your liability is governed by the Rogulaliori E
disclosures you received at the time you r'ec:ewecl your ATM, Debil card. even it the
withdrawal results in an advance being miracle 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 catch separate balance under the Plan. To compute the
finance charge. the unpaid balance for each day since your last payment (or since
art advance it 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 arty additioris to the balance
have been mane. In addition to interest, we may charge other finance charges which
are disclosed on the Adderdurn. 11 the ;nterest rate is a variable interest rite the
Addendum explains how the variable interest rate works.
SECURITY -You pledge as security for ine Plan all shares arid d:v sends and, it any,
all deposits and interest in all joint and individual acccunts year have with us now and
in the future. If a specific doiear amount poogeo for an advance, we will freeze
snares in that account to the extent of he- oat.sanding halance klr 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 it any the
deposits and interest in all individual and joint accounts you have with us ano may
exercise our rights under the lien to the extent permitted by state law, (we are state
chartered if our name does not include the term "Federal Credit Unrlm' j 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 pfedge do not apply to any Individual Retirement Account or any other account
that would lose special tax treatment under stare or federal law it gven as security,
AddtHonai security for the Plan may be required at the time f ari ad?ancc! If a
subaccount identities a type of procerty isucii as "PJew Cars") you must give that
type of property as security when you get an, advance under that subaeroun! A
subaccount name such as 'other Secured means you must pfovi0e F'eculitr
aCfeptable to tie when y'ou obtain an ad?ance urirler that ,iubliccount, Pl'enar'y yo.r
give as security will secure all F mounts oweei under the Plan and all other loans yo
hn'?e w'dh us now or in the lutufe, -cept any loan s: ur: it t7y y wr rrncir 'II .l.: r.!liC•;
Preperty secuGng other loans you nave it. th 1L m, v tl o ;;ec re rho Plan
CREDIT INSURANCE - Credit life antl'or credit disability insurance is optional
under the Plan. If you qualify for and purchase the insurance from us, you authorize
us to ado the insurance premiums monthly to your loan balance and charge you
interest on the entire balance. It you elect credit insurance, your payments may
increase or the period of time necessary to repay your advance may be extended. j
The credit insurance rates may change during the Plan. If the rates change, we will
{ provide any notices required by applicable saw
PERIODIC STATEMENT - On a regular basis you will receive a statement showing
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,
1 notice to any one of you will tie notice to a!€.
JOINT ACCOUNTS - It this is a joint account, each of you is individually and jointly
responsible for paying all amounts owed 7bat means we can enforce our rights
under the Plan against any one of you indnviduaby or against all of you together. It you
give us inconsistent Instructions, we can fCfu.;e to tollow your instructions. Unless our
written policy requires all of you to sign for an advance, each of you authorizes the
other(s) to nblal , advances individualiy and agrees to repay advances made to the
other(s) Any joint accounthodor may terminate the Plan by giving us prior written
notice. It arty of you letminale the Plan, the Plan is terminated for all of you. You
remain liable Individually and jointly for all advances incurred before te(minabon.
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. It we I
I do, the amount of the fee will be disclosed to you at the time you obtain an advance.
We may also charge you other tees in connection with the Plan. Our current fees are p
disclosed on the Addendum and will be added to your loan balance unless you pay j
them In Cash, I
UPDATING CREDIT INFORMATION - You promise that you will promptly give us j
written notice it you move, change your name or employment, or if any other
nformation you provided to us changes. Upon our request, you also agree to
provide us updated financial information.
DEFAULT - The following paragraph applies to borrowers in Idaho, Kansas,
Maine and South Carolina. You will be in default it you do not make a payment of
j the amount required when it is due. You w!Il 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 it you tail to make a payment when due two times during any 12 month
period. You will be in default If breaking any promise made under the Plan materially
impairs your ability to repay what VOL owe or materially impairs the condition, value,
or protection of or our right in any property you gave as Security.
I The following paragraph applies only to borrowers in laws: You will be in 1
j default if you are more than 10 days' laic in making a payment. You will also be in
default it 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 i
owe under the Plan
The following paragraph applies to borrowers In all other states: You will be in i
default it 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 it anyone is in
j default under any security agreement made in connection with an advance under
tl-,e Plan You wily be in default if you die, lire for bankruptcy, become insolvent, it you
make any false or mis,ear ing statements in any credit application or update of Credit
mlormation, or if something happens we believe may substantially reduce your
ability to repay what you owe. You will be in default it 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 if you are in default j
under any other loan agreement with us.
I
ACTIONS AFTER DEFAULT - The following paragraph applies to borrowers In
Colorado, District of Columbia, Iowa. Kansas, Maine, Massachusetts, Missouri,
Nebraska, South Carolina and West Virginia: When you are in default and after
expiration of any right you have under applicable ;tale law to cure your default, we can
i demand immediate payment of the entire unpaid balance under the Plan without j
giving you advance nobee j
The following paragraph applies to borrowers in all other states except Wisconsin
and Louisiana: Wrien you are in default, we car) require immediate payment
(aa;eleration) of the entire unpaid balance under the Plan You waive any right you have
to demand for payment, notice of ntem to accelerate and notice of acceleration
The following paragraphs apply to borrowers in all states except Wisconsin and
Louisiana: It rrrrrodate paymen' is dernanded. you will continue to pay interest until
what you :.we his oe• n repaid as the applicable :merest razes in effect or, if applicable,
.. _ _. _ - ' ... iii: 'li FQgi.' .)^. ,lu
Jey?JUL1i-7 U;i'=?OJ2?? ?:??K1??)
LQAMINER" credir and Secur!!lY Cred(t_Agreement (continued) ability to exercise our rights later. We car. erdorce this Plan against your heirs or
at the detautt rate disclosed cm the Addendum. If a demand for immediate payment iegal representatives. if we change the 12rrnS of the Plan. you agree that this Plan
has been made, your shares ani deposits can be applied !owai v nat yr,u owe will continue to protect us.
as provided in the section alcove called 'Securely" We can also exercise any otne CONTINUED EFFECTIVENESS - It any part of this Plan is deferm nerd by a court
rights given by taw when you are In default. to be unenforceable, the rest w,11 remain in effect.
You agree the Credit Union has the right to take possession of ary property giver 1 NOTICE TO UTAH BORROWERS - This wriren agreerent is a final expression of
as security under the Plan, without judicial process, if this can ue done without the agreement between you and the Credit Union. This written agreement may not j
preach of the peace. it we ask, you promise to deliver the property at a time and be contradicted by evidence of any oral agreement.
place we choose. If the, property is a motor vehicle or boat, you agree that we may fie following is required by Vennonl law -NOTICE TO CO-SIGNER -YOUR
in
when
you
are
op
o
to
unlock
and
obtain
a
key
other
r
SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE j
t f
ertyty, no
any y
othher
esponsible for
this
covered
by
ult.
be e res
property,
defa
We
will not
Agreement, that you leave inside the property or that is attached to the property, we a FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, j
will try to return that property to you or make it available for you to claim. THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. I
After we have possession of the property, we can sell it and apply the money to any p The following paragraphs apply If you give security in connection with an j
amounts you owe us. We will give you malice of any public disposit on or the oats after i advance under the Plan. They appty to borrowers In all states except Louisiana.
which a private disposition will be held. Our expenses for taking possession of and Louisiana borrowers will execute a separate security agreement- Borrowers in
selling the property will be deducted from the money received from the sale. Those ; other states may also be asked to execute a separate security agreement.
costs may include the cost of storing the property, preparing K for safe and attorney's { THE SECURITY FOR THE PLAN - You give us what Is known as a security
fees to the extent permitted under state law or awarded under the Bankruptcy Mode I
nterl in all property described in any receipt, voucher or other document you
You must pay any amount that remains unpaid after the safe money has been applied receive for an advance ("the Advance"). The security interest you give includes alf
to airy unpaid balance under the Plan. You agree to pay interest on that amount at the ( accessions. Accessions are things which are attached to or installed in the property
same rate as the advance, or, it applicable, at the default rate disclosed on the i now or in the future. The security interest also includes any replacements for the y
Addendum, until that amount has been paid.
property which you buy within tQ days of the Advance or any extensions. renewals
The following paragraph applies only to Wisconsin borrowers: When you are in ! or refinancing of the Advance. it also includes any money you receive from selling
detauit and after expiration of any right you have under app )cable state Law to cure your the property of from insurance you have on the property.. If the value of the property
default, we may require immediate payment of your outstanding loan balance under the i declines. you promise to give us more property as security if asked to do so.
Plan and seek possession of property given as security. You may voluntarily give the 1 WHAT THE SECURITY INTEREST COVERS/CROSS COLLATERAL PROVISIONS
property to us if you choose, or we may seek to take possession of the property by - The security interest secures the Advance described in the receipt, voucher or any
judicial process. @ we repossess the property, you agree to pay reasonable expenses offer document you receive at the time of the Advance and any extensions, renewals
incurred in disposing of taro property. If the property Is a motor +ehwle, mobile home, i or refinancings of the Advance. It also secures any other advances you have now
trailer, snowmobile, boat or aircraft, you will also be required to pay any costs pef""Itie¢d 1 or receive in the future under the Plan and any other amounts or loans,
by Section 422.413 of the Wisconsin Statutes. You must pay any amount that remains Including any credit card loan, you owe us for any reason now or in the future,
unpaid after the sale money has been applied to what you owe under the Plan. You except any loan secured by your principal residence. If the property is household
agree to pay interest on any unpaid amount at the same rata as the advance, or, if,
goods as defined by the Federal Trade Commission Credit Practices Rule, the 1
applicable, at the default rate disclosed on the Addendum. until that amount is paid.
L prop9ny will secure only the Advance and not other amounts you owe. ;
If the property is located outside Wisconsin at the time of default, we may take OWNERSHIP OF THE PROPERTY - You promise That you own all property you
possession of the property without judicial process, if permitted by the state where give as sel?urity or if the Advance is to buy the property, you promise you will use I
the property is located, the Advance for that purpose. You promise that no ortr v se has any interest in of
The following paragraph applies only to Louisiana borrowers: When you are in ! claim against line property Thai you have riot already told us about, You promise not
default, we can require immediate payment (acceleration) of the entire unpaid i to sett or tease the property or to use it as security for a loan with another creditor
balance under the Plan. You waive any right you have to demand for payment, notice until the Advance is repaid. You promise you will anew no other security inteltst or
of intent to accelerate and notice of acceleration. If Immediate Dayment is lien to attach to the property either by your actions or by operation of law
demanded, you will continue to pay interest until what you owe has been repaid at PROPERTY INSURANCE, TAXES AND FEES - You must maintain property '
the applicable interest rates in effect unless a detault rate is disclosed on the
insurance on all property that you give as security under the Plan. You may purchase i
Addendum. If a demand for immediate payment has been made, the shares and the property insurance from anyone you choose who is acceptable to the Credit 1
deposits given as security for the Plan can be applied towards what you owe. We
Union. The amount and coverage of tins property insurance must be acceptable to
exercise any other rights given by law when you are to default and our
can also us. You may provide the property insurance through a policy you already have, or I
rights under any security agreements you have with us through a policy you get and pay for. You promise to make the insurance policy
CANCELLING OR CHANGING THE PLAN - The following paragraph 8pp1166 payable to us and to deliver the policy or proof of coverage to us if asked to do so. C
only to borrowers in litinois: We have the right to change the terms of the Plan from if you cancel your insurance and get a refund, we have a right to the refund, If the
time to time after giving you any advance notice required by law. Any change to the
merest rate or other charges will apply to future advances. properly is lost or damaged, we can use the insurance settlement to repair tine
properly or apply it towards what you owe. You authorize us to endorse any draft or
The following paragraph applies only to borrowers in Wisconsin: We can check which may be payable to you in order for us to collect any refund or benefits I
change the terms of the Plan from time to time in accordance with Section 422.415 due under your insurance policy. You also promise to pay ail taxes and fees (like i
of the Wisconsin Statutes. You will be notified of any change in terms. An increase registration fees) due on the property,
in the daily periodic rate under a variable rate irterest rate is not considered a
it you do not pay the taxes or tees on the property when due or keep it insured, we may i
change in terms under the Plan. We can cancel the entire Man or any part of the pay these obligations, but we are not required to do so Any money we spend for taxes,
Plan at any time. You may cancel the Plan at any time by giving us prior written
notice. Your obligation to pay the unpaid balances under the terms of the Plan fees or insurance will be added to the unpaid balance of the advance and you will pay
interest on those amounts at the same rate you agreed to pay on the advance. We may
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 receive payments in conncrtion with the insurance front a company whirr provides the
insurance. We may monitor our loans for the purpose of determining whether you and
The following paragraph applies only to borrowers in Iowa: We ran change , a i other borrowers have comphed with the insurance requirements of our ban agreements
terms of the Plan from time to time after giving you any advance notice required by { or may engage others to do so. The insurance charge added to an advance may include
law. A change that increases the rate of finance charge or other charge, that 1 (1) the insurance company's payments to us and (2) the cost of determining Compliance
increases the amount of your payments or that otherwise adversely affects existing with the insurance requirements. If we add amounts for taxes, tees or insurance to the
balances will apply to existing balances only t you agree to the change or you use unpaid balance of an advance, we may increase your payments to pay the amount
The Plan after receiving notice that your use of the Plan means you agree the added within the torm of the insurance or approximate !arm of the advance
change applies to existing balances INSURANCE NOTICE - It you do not purchase the required property insurance.
The following paragraph applies to borrowers in all other states: We lava the the insurance we may purchase and charge you for will cover only our interest n The
right to change the terms of the Plan fronn time to hrne after giving you any advance property. The premium for this insurance cony be higher because me insurance 'i
nonce requireo by law, Any change in the interest ratio w=all apply 10 future advances company may have given u5 the right to purchase insurance after uninsured
and at our tis-cretion and suojuct to ary requiie-cnts of aoplicxabe :alv, v,il arso
cotta [e cal 15 IGSt or damaged. The insurance will not be liability insurance and
apply to unpaid balances. will not satisfy any state financial responsibility or no fault laws.
The following paragraph applies to all but Wisconsin borrowers: An increase .r PROTECTING THE SECURITY INTEREST - If your state issues a Willi for the
'e daily periodic rate under a variable, interest rate is ^dii r ns,dvrclo a clangs' n properly. you ptc,nise to have our security interest shown oil the title We may have
terms ur..der the Pan. We can rancei the entire Plan or any gaff of the Plan at any to file, what is calleo a hnanoing statement to protect our security interest from the
vine, You may cancel the Plan at any time by giving Lis prix Wrillen n, 'ice Your claims of r.,thers If asked to do so, you promise to sign a financing statement You i
obligation to pay the unpaid balances under the terms or the Plan continuos whother -
also promise to do whatever else we think is necessary to protect our security
you at the Credit Union cancel the Plan
interest in the property. You promise !a pay all castS, including but not Ilmitetl to any ;
'
DELAY IN ENFORCING RIGHTS AND CHANGES IN THE PLAN - Vhf can ouiay attorney toes, we incLr in protecting our security interest and rights in the properly,
enforcing any al our rignts urdei this Pian any r?umber of fin,e5 will 1051ng toe to the extenl permitted by appl,cable law.
LOANLINER" Credit and Securlty Gre ditc! Agreement (continued,)
USE OF PROPERTY - Until the Advance has been paid off, you promise you will:
(1) Use the property carefully and keep it in good repair, (2) Obtair our written
permission before making major changes to the property or changing the address
where the property is kept. (3) Inform us in writing Delete changing your address. (4)
Allow us to inspect the property. (5) Promptly notify us it the property is damaged.
stolen or abused. (6) Not use the property for any unlawful purpose. (7) Not to retitle
property in another state without telling us.
NOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VEHICLE
- THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUEUECT TO
REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE.
AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN
THAT SALE, YOU MAY HAVE TO PAY THE DIFFERENCE
NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful for you to fail
to return a motor vehicle that is subject to a security interest. within thirty days after
you have received notice of default. The nohce will be mailed to Ire address you
gave us. it is your responsibility to notity us if your address changes. The ma,nmum
This notice contains important information about your rights and our responsibilities
under the Fair Credit Billing Act. You are advised to read your monthly staiernent
and review it for any error discrepancies or unauthorized trarsaclions.
NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR
STATEMENT. If you think your statement is wrong, or It you need more information
about a transaction on your statement, write us on a separate sheet at the address
listed on your statement You are required to notify us in writing within 60 days
following the 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 resuit 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 mformation:
Your name and account number.
The dollar amount of the suspected error.
Describe the error and explain, if you can, why you believe there is an error
If you need more information. describe the item you are not sure about.
If you have authorized us to pay a credit card account automatically from your share
account or checking account. you can stop the payment on any amount you think is
wrong.To stop the payment your letter must reach us thres business days before the
automatic payment is scheduled to occur.
YOUR RIGHT'S AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR
WRITTEN NOTICE - We must acknowledge your letter within 30 days, unless we
have corrected the error by then. Within 90 days. we must either correct the error or
explain why we believe the statement was correct.
penalty for unlawful failure to return a motor vwitcle is one year in prison andr'or a
fine of 5150,000-
For those members who purchase a vehicle under the
DRIVe Program, please review the following FTC Notice:
NOTICE
ANY HOLDER OFTHIS 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 receiva your letter, we cannot try to collect any amount you question, or report
you as delinquent. We can continue to send statements to you for the amount you
question, including finance charges, and we can apply arry unpaid amount against your
credit limit. You do not have to pay any questioned amourrt 'while we are investigating,
but you are sill obligated to pay the parts of your statement that are not in question.
If we find that we made a mistake on your statement, you will not have to pay any
finance charges related to any questioned amount, if we didn't make a mistake, you
may have to flay finance charges, arid 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, if our explanation does not satisfy you and you write to us within ten days
telling us that you still refuse to pay, we must tell anyone we report you to that you
have a question about your statement. And, we must tell you the name of anyone
we reported you to. We must tell anyone we report you to that the matter has been
settled between us when it finally is.
If we don't follow these rules, we can't collect the first $50 of the questioned amount,
even if your statement was correct.
SPECIAL RULE FOR CREDIT CARD PURCHASES - If you have a problem with
the quality of property or services trial 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 servicos.There are two
limitations on this right: (a) You must have made the purchase in your home state or,
if not within your home state, within 100 miles of your current mailing address. and
(b) The purchase price must have been more than $50
These limitations do not apply if we own or operate the merchant, or if we mailed
you the advertisement for the property or services.
In this Agreement. the words you and your means each and all of those who apply j Una only by written application to us, which must be, approved by our credit committee
for the card or who signs this Agreement. Card means the Visa Credit Card and any or loan officer By giving you written notice we may reduce your Credit Line from time
duplicates and renewals we issue. Account means your Visa Credit Card i.ine of I to time, or with good cause, revoke your card and terminate this Agreement. Good
f
Credit account with us. We, us, and ours means this Credit Union. Cause includes your failure to comply with this Agreement or any other agreement with l
1. RESPONSIBILITY - It we issue you a card, you agree to repay all debts and the us, or our adverse reevaluation of your creditworthiness. You may also terminate this
Finance Charge arising from the use of the card and the card account. For example, Agreement at any time, but termination by either of us does not affect your obligation }
you are responsible for charges made by yourself, your spouse and minor children. to pay the account balance.
You are also responsible for charges made by anyone else to whom you give the. 5. CREDIT INFORMATION - You authorize us to investigate your credit standing
'
card. and this responsibility continues until the card is recovered. You cannot disclaim when opening. renewing or reviewing your account, and you authorize us to disclose
responsibility by notifying us, but we will close the account for now transactions it you information regarding your account to credit bureaus and other creditors who inquire
so request and return all cards. Your obligation to pay the account balance continues of us about your credo standing
even though an agreement, divorce decree or other court judgment to which we are i 6. MONTHLY PAYMENT - We will mail you a statement every month showing your
not a party may direct you or one of the other persons responsible to pay the account. i Previous Balances of purchases and cash-advances, the current transactions on your
The cards remain our property and you roust recover and surrender to us all cards l account, the remaining credit available under your Credit Line, the New Balances of
upon our request and upon termination of this Agreement purchases arid cash advances, the Total New Balance the Finance Charge due to date.
2. LOST CARD NOTIFICATION - It you believe the card has been 'ost or sioltin, and any other billed fees, and the Minimum Payment required. Every month you rnusi pay °.
you will tmmedmtety call the Credit Union at (717) 23»-64134 ar E S(X)12W-7326 After at least the Minimum Payment within 25 days of your statement closing date. By separate
hours tali (800) 556 5578 agreement you may authorize us to charge the minimum payment autorriaticaity to your
share or checking account with us. You may, of course, pay more frequently, pay more
3. LIABILITY FOR UNAUTHORIZED USE -You ayrea to notify us rrninedialely, ordliv I than the Minimum Payment. or pay the Total-New Balance m full, and you will reduce the '.
or in writing of the loss, theh or unaurhorize.d use- of your Gredrt Card You rry t»: ; hie frnance charge by doing so. If your monthly payment exceeds the total crodil line balance ?.
for rho unaumorizetl use o your Credit Card You will not be ii„bu for unauthorized use ; owed av wit automatically past die credit to your S1 shares
that occurs after you notify, us of the lass, theft, or poss6e unauttcc-eo use. You will nave The minimum paymerit wil' be ta) 21b of your Total New Balance. rounded up to the
no labdrty for unauthorized purcri3ses made with ymir Credo Card... ,rnless yco era grcasstyr
negl gent in the handling cf yogi Caro
In nny case
your liability writ not exceed 550. next even dollar, or (b) 520.00, vihichever is greater in addiClCn. at any tame your Total
,
. New Balance exceeds your Credit Line. you must immediately pay the excess upon our
4. CREDIT LINE - If we approve your application,, we will establish a e i f demand. We wiu apply payments in the torowino, manner first to previous we tees.
replenishing Line of Credit for you and notify you of its amount when we issue the then to previous cash advances finance charges. then to previous purchase finance ..
card You agree not to let the account balance (:YCeed this approved Credit Line Each enarges, than to current We fees then to prpi cash advance balances then to
payment you make to ,liar account will restore ,our Credit Lin: by ? .l.,.ouct of to-=- previous purchase balances in the order that they were pared to your acceunr, t-ten
payment which is applied to the pnncira! You may rr que1,t a ncreaSc 'n your Crre-oaa ttoo,current cash advance bnlanc,_s. and !hen to c..,rrdnr purc-:ase balances
Vise" Credit Card Agreement and Truth In Lendtnp Disclosure (continued)
7. FINANCE CHARGES - You can avoid the Finance Charge on purchases by
paying the fug amount of the New Balance of Purchases each month within 25 days
of your statement closing date. Otherwise, the New 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
dale they are posted to your account.
Purchases. We calculate your finance charge by multiplying the average adjusted
daily balance (see explanation below).. includng new purchases, for the billjog 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) to cash
advances during the billing cycle by the monthly periodic advance rate and
corresponding ANNUAL PERCENTAGE RATE as disciosed or the Addendum
Balance Computation Method
Average Daily Balance for Purchases The Average Daily Balance for Purchase
Transactions is calculated by adding the Daily Balances (Purchase Transaction) for
each day in the billing cycle, and then dividing by the number of days in the billing
cycle. To calculate the Daily Balance for purchases each day, we take the following
steps: We take the outstanding balance (all amounts you owe) at the Stan of the day.
Then, in the sequence in which amounts are posted to your account, we add the
amounts of ail debits and subtract the amounts of all credits or payments which post
to your account that day. After applying payments and credits, we subtiart the
amount of any unpaid Finance Charges or Late Charges Then we also subtract the
amount of any Cash Advance transactions that pasted to your account on. that day of
in any previous day in the billing cycle. This gives us the Daily Balance for pun: haws
Average Daily Balance for Cash. Advances - Cash Advance 'rar:srcfiors which are
posted to your account are not tnckided in the Average Daily Balance ratcu!av,,>n lot
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 dRtiding by the number of days in the billing cycle. To calculate the Daily
Balance tar cash each day, we take the following, steps: We take the outstanding balance
(alt amounts you owe) at the start of the day Then, in the sequence in which amounts
are posted to your account, we add the amounts of all debits and subtract liar arnounis
of all credits or payments which post to your account that day After applying payments
and credits, we subtract the amount of any unpaid Finance Charges or Late Charges.
Then we also subtract the amount of any Purchase Transactions trial posted to your
account on that day or in any previous day in the billing cycle, This gives us the Daisy
Balance for Cash Advance Transactions. Note: Cash Advances are always subject to
finance charges and from the day they are posted to your account.
Payments are applied in the following manner first to previous rate fees, then to
previous cash advances finance charges, then to previous purchase finance
charges, then to current late fees, then to previous cash advance balances, 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, it 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 Rata
to your Account on your next statement.
8, DEFAULT-You will be in defaull if you fail to make any Minimum Payment within
25 days after your monthly statement closing date. You authorize us to transfer funds
sufficient to make the minimum payment due it your Visa loan is in default You will
also be in default it your ability to repay us is materially reduced by a change in your
employment. an increase in your obligations, bankruptcy or insolvency proceedings
involving you.. your death or your failure to abide by this Agreement, or if the value of
our 3ecunty interest materially declines. We have the right to ,demand immediate
payment of your furl account balance if you default, sub ect to our g ving yc=j any
notice required by law. To the extent permitted by law you wili also be required to privy
our collection expenses, including court costs and seasonable atiorr ey fees
9. USING THE CARD - To make a ourchase or cash advance, there are two
alternative procedures to be fol,owed One is for you to present the card to a
participating Visa plan merchant, or another tinanciai institution, and sign the sales
or cash advance draft which will be imprinted with your card. The other is to complete
the transaction by using your Personal Identification Number (Pit}) in conicnctron
with the card in ark Automated Teller Machine or other type of electronic terminal that
provides access to the Visa system- You agree that you will not use your card for any
transaction that is mega' under applicable federal, state, or rural !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
be returned with the statement. You will retain a copy of such slips furnished at the
time of the transaction in order to verity the monthly statement. The Credit union may
make a reasonable charge for photr,^.optes of sups you may request.
10. OVERDRAFT OPTION - It 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 - Merchants and others who honor the card
may give credit for returns and adjustments, and they will do so try sending us a
credit slip which we will post to your Visa line of Crada. It 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 ore dollar or more, upon your
written request, we will refund the credit balance to you.
12. FOREIGN TRANSACTIONS - The exchange 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 m 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 i,
Cate, In each Instance, an adjustment may be assessed based on the ISA fee imposed
by Visa. This tee, which totals 11-0 of the transaction amount, will be assessed on all
transactions where the merchant country differs from the country of the card issuer.
13, SPECIAL RULES FOR VISA PURCHASES If you disagree or find an error
with a Visa transaction, and have tried in good faith to correct the problem with the
merchant or the charges are the result of unauthorized or iraudukwt use. or your ?purchase cost more than S50 and was made from a plar: merchant in yarr state
within 100 miles of your home, contact PSECU.
14. DISPUTED TRANSACTIONS - You are required to notify PSECU in writing l
within 60 days following the date or which we sent your statement wherein the error
or problem first appeared regarding any discrepancy or unauthorized transaction on
your account. Telephoning PSECU does not preserve your dispute rights. You may
be required to provide us with documentation to support your dispute claims. In
addition, you may be required to complete a standard dispute form ourlin,ng the
details of your dispute. In cases of fraudulent card use. PSECU will also require a
notarized affidavit In sorne cases we may ask you to notify the local authorities ?
If we do not receive the proper requested documentation in the time specified you
may be held responsible for the transaction(s) in question. PSECU Must adhere to
strict dispute timeframes set forth by Visa.
15. SECURITY INTEREST - To secure your account, you grant us a purchase
money security interest under the Uniform Commercial Code in any goods you b
purchase through the account. It you default, we will have the right to recover any of
these goods which we have not been paid for through our application of your
payments in the manner described in the Monthly Payment section With respect to
this account only, we will not assert any statutory right we may nave if you are in
default to prevent withdrawal of your unpledged credit union shares (Deposits) i
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 afi your debts. your account
will be secured by your pledged shares (Deposits) and by the property described in
those other security agreements, except for your home
16. EFFECT OF AGREEMENT - This Agreement is the contract which applies to
all transactions on your account even though the Sales, cash advance, credit or
other slips you sign or receive may contain different terms. We may amend the
Agreement from time to time by sending you the advance written notice required by
taw. Your use of the card thereafter will indicate your agreement to the amendments.
To the extent the law permits, and we indicate in our notice, amendments will apply
to your existing account balance as well as to future transactions.
17. LATE PAYMENT CHARGE - If your Minimum Payment is not received by the
first day of the month following your due date, you will be subject to a $20 charge.
18. RUSH FEES - You may incur additional charges for rush processing amt rush
delivery of cards and.or PIN maile3r. '..
19. OVER LIMIT FEE -A &?0 fee writ 1,X3 apphed for each monthly S element dosurg date
on wtlrcn the outstanding balance exceeds the assigned rrc*3rt limit uy ox4i,, tilan 5100 '
20. DRAFT COPIES - You may incur an additiora! charge for transaction
summary/sale draft documentation.
21. COPY RECEIVED - You acknowledge receipt of a copy, of rn+s Agreement
22. ILLEGAL TRANSACTIONS PROHIBITED - You agree final you will not use i
your card for any transaction that is illegal under applicable federal. 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 transao'on is
declined because it is irdirative of plssihle fraudaler! activity.
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronn R Anderson '~~==
Sheriff ~~.~[}-V~ ~ fC~n ~(~~/
~~.U~Zt~ tzi+nhrryy ~ ~.)a ~. i`i'Stia~
Jody S Smith
Chief Deputy Z~~a ~~~ ~ ~ ~t~~ t~~ L~J
Edward L Schorpp
„~-nr
Solicitor ~ ~ ~ C~.'~v" } ~ ~`'~' ' s
,, P ~ ~ ;~
Pennsylvania State Employees Credit Union
vs. Case Number
Russell E. Burnhisel 2010-241
SHERIFF'S RETURN OF SERVICE
01/11/2010 09:00 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 11,
2010 at 2100 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Russell E. Burnhisel, by making known unto himself personally, at 116 Ridge Hill Road,
Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to
him personally the said true and correct copy of the same. Request for service at 124 2nd Street, Enola,
PA 17025 is vacant.
SHERIFF COST: $50.50
January 12, 2010
SO ANSWERS,
Y R ANDERSON, SHERIFF ~` ~~
Deputy Sheriff
2010-241
~.3F Tuft= ~~'~f~?~03"AftY
2acQ~~~ ~ ~~ ~#: ~~
Pi=f~ ~~P~~YL1/T~~ ti1~
BARLEY SNYDER LLC
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602 Attorneys for Plaintiff
(717) 299-5201 Pennsylvania State Employees Credit Union
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
v.
RUSSELL E. BURNHISEL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
No. 2010-241
PRAECIPE TO WITHDRAW/ENTER APPEARANCE
Kindly withdraw the appearance of Melissa L. Van Eck, Esquire as counsel for
Pennsylvania State Employees Credit Union and enter the appearance of Shawn M. Long,
Esquire as counsel for Pennsylvania State Employees Credit Union, regarding the above-
captioned matter.
Papers may be served at the address set forth below.
BARLEY SNYDER LLC
By:
Shawn M. Long, quire
Court I.D. 8377
126 East King treet
Lancaster, P 17602-2893
717.299.520
Date: J~ 1 ~
VAN ECK & VAN ECK, P.C.
By:
Melissa .Van Eck, Esquire
Court I.D. 85869
7810 Allentown Blvd., Suite B
P.O. Box 6662
Harrisburg, PA 17112
717.540.5406 `l
Date: ~ V
2852440-1
2010-241
~' - ,
- F _.. ~ .., .. .
r.. l F ~ ..
C'. _
BARLEY SNYDER LLC
Shawn M. Long, Esquire
Troy B. Rider, Esquire
Court I.D. No. 83774; 206319
126 East King Street
Lancaster, PA 17602
(717) 299-5201
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
v.
RUSSELL E. BURNHISEL,
Defendant
Attorneys for Plaintiff
Pennsylvania State Employees Credit Union
IN THE COURT OF CUMMUN YLt:A~ yr
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
No. 2010-241
PRAECIPE FOR JUDGMENT
Enter Judgment in favor of Plaintiff, Pennsylvania State Employees Credit Union and
against Defendant, Russell E. Burnhisel for want of an answer in the amount of $24,351.30 plus
interest and costs of suit.
(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.
() 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.
2898219-1
~ 14. oo Po prM
~~~- 4a3~38
e,~ a ~a Boa
2010-241
(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: ~ Z~ l ~
By:
BARLEY~NYDER LLC
Shawn M. Long, Esq e
Court I.D. No. 8377
Attorneys for Plai iff
Pennsylvania St e Employees Credit Union
126 East King Street
Lancaster, PA 17602
(717) 299-5201
NOW, MOu.1 a5I ~` , 2010, JUDGMENT IS ENTERED AS ABOVE.
Prothonotary/Clerk, Civil Division
By: `~
-~1-
28982]9-1
2010-241
BARLEY SNYDER LLC
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602
(717) 299-5201
Attorneys for Plaintiff
Pennsylvania State Employees Credit Union
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
v.
RUSSELL E. BURNHISEL,
Defendant
IN THE COURT OF COMMON PLEAS ~r
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
No. 2010-241
To: Russell E. Burnhisel
Date of Notice: March 23, 2010
IMPORTANT NOTICE
YOU ARE 1N 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 (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.
2852443.1
2010-241
YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING 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.
Cumberland County Lawyer Referral Service
32 S. Bedford Street
Carlisle, PA 17013
Telephone: (800) 990-9108
By:
BARLEY SNYDER LLC
$fiawn M. Long, Esqu' e
Court I.D. No. 8377
Attorneys for Pla' tiff,
Pennsylvania S to Employees Credit Union
126 E. King Street
Lancaster, PA 17603
717.299.5201
2852443.1
2010-241
BARLEY SNYDER LLC
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602
(717) 299-5201
Attorneys for Plaintiff
Pennsylvania State Employees Credit Union
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
v.
RUSSELL E. BURNHISEL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
No. 2010-241
PROOF OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF LANCASTER
ss.
Colleen Brelje, Paralegal, being sworn according to law, deposes and says that she served
a true and correct copy of the 10-day Default Notice upon Russell E. Burnhisel, 116 Ridge Hill
Road, Mechanicsburg, PA 17050 by regular mail on March 23, 2010 at 5:00 p.m.
ARLEY SNYDER LLC
r
By: 1 A-.
Colleen Brelje, Paralegal
Sworn q and subscribed before me 50 North Fifth Street
this day of A! , 2010 P.O. Box 942
Reading, PA 19603-0942
-u-,~-~-~~~a~z~~-- (610) 376-6651
Notary Public
COMMON EA 7H OF P'ENNSY VANIA
Notarial Seel
Celf~he R. Natarlan, Naary PubNo
~~,
My Comm~sion Expires ,hx~e 2, 2ot0
Member, pennsylvanfe AssodaHon of Notarie6
2852443.1
2010-241
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
OFFICE OF THE PROTHONOTARY
CARLISLE, PA
TO: Russell E. Burnhisel
Defendant
YOU ARE HEREBY NOTIFIED that Pennsylvania State Employees Credit Union has
caused a judgment by default to be entered against you with the Prothonotary of Cumberland
County. The judgment was entered on ;~~~4//D , to No. 2010-241 with the
Court of Common Pleas of Cumberland County - ,/Civil Division. The judgment is in the amount
of $24,351.30 plus interest and costs of suit.
PROTHONOTARY
By:
rk
2898219-1
2010-241
BARLEY SNYDER LLC
Shawn M. Long, Esquire
Troy B. Rider, Esquire
Court I.D. No. 83774; 206319
126 East King Street
Lancaster, PA 17602
(717) 299-5201
Attorneys for Plaintiff
Pennsylvania State Employees Credit Union
PENNSYLVANIA STATE EMPLOYEES
CREDIT UNION,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
No. 2010-241
RUSSELL E. BURNHISEL,
AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE
MILITARY SERVICE, PURSUANT TO "SOLDIERS
AND SAILORS" CIVIL RELIEF ACT OF 1918, RE-ENACTED 1940
LANCASTER COUNTY, SS: Before me, the undersigned authority, personally
appeared Shawn M. Long, Esquire, who being duly sworn according to law, doth depose and say
that Russell E. Burnhisel, the Defendant is not in the Military or Naval Service, based on the
following facts: Age of Defendant is unknown; Present place of employment is unknown; Last
known place of Residence is 116 Ridge Hill Road, Mechanicsburg, PA 17050 as of the date of
this affidavit.
ADDITIONAL FACTS, if any.
BARLEY SNYDER LLC
Date: ~'~ ~ ~~
By:
,/Shawn M. Long, E uire
Court I.D. No. 8 74
Sworn end subsc>;ibed to before me Attorneys for aintiff
thisday o~'~~~ , 2010. Pennsylvani State Employees Credit Union
One Credit nion Place
~'~ ~ / ~~~ Lancaster, PA 17602-2893
otary Public (717) 299-5201
~:~~C?~.~9~'s8_G+P~~Vtr~AL~Y'N f7~' f'L'I~tlNB'Y'r.A/ANIA
i~RnEaris:? Seal
?.ggg219-~ ~~ (~.Ct1i~2.fK-%~i:".. r:~~JlPIfiS, P~U1r?.I'~'PUb~IC
c,r ~ancast~r, L 3ncaster County
.;C+~~w s7ii:i53ffC1 r„Y.;1'~=?:~ ~.(1il~ 'i ~, 2U13
_, r ~,~.~ayfv~ 3oa~ i't ~c.i-~:ian of Notaries