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HomeMy WebLinkAbout10-1064IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. JAMES VALLE, Defendant CIVIL-LAW DOCKET NO. 10 - !(?LaY NOTICE TO DEFENDANT TO THE DEFENDANT: Of 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 H w r:. t 1 r ^. M N fo L:J LA- cl-i Z) Q Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 LAURINDA J. VOE?CMR, ESQUIRE Attorney for Plaintiff OV 99?-OOPCL W ? CV-4- / z3 s? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. JAMES VALLE, Defendant CIVIL-LAW DOCKET NO. / 6 - 16 6 y e COMPLAINT 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, James Valle, is an individual residing at 913 Bridge Street Apt. B, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Defendant is indebted to the Plaintiff in the amount of $7,826.79 for the two unpaid accounts as detailed below. VISA CREDIT CARD 4. Defendant obtained a Visa credit card on or about March 28, 2008, from AmeriChoice Federal Credit Union, (hereinafter "original creditor"), account number 4202 9000 0007 5183. 5. On or about December 2, 2008, Remit Corporation purchased the account of James Valle 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 $3,988.62 with interest continuing to accrue at 12.90% per annum. 7. Defendant defaulted on the payments due and the last activity on this account was made on or about May 23, 2008. 8. To date the remaining charge-off balance is $3,265.84 and $722.78 post-charge off interest for a total of $3,988.62. AUTOMOBILE LOAN 9. Defendant obtained a financial loan on or about March 26, 2007 from Americhoice Federal Credit Union in the amount of $8,017.82 to purchase a 2001 Dodge Dakota automobile vin number 1 B7GG26X21 S 162602. 10. On or about December 2, 2008, Remit Corporation purchased the account of James Valle 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. Defendants defaulted on scheduled payments and the account was charged-off on or about May 23, 2008. 12. The automobile was repossessed and sold. After credits from the sale as well as Defendant's payments, the remaining balance owed was $3,838.17. A copy of the relevant document for this transaction is attached hereto, incorporated herein and referred to hereafter as Exhibit B. 13. No interest has been added to the account since it was charged-off. 14. To date the remaining charge-off balance is $3,838.17. COUNT 1 BREACH OF EXPRESS CONTRACT 15. 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. 16. The reasonable charges and expenses owing for the loan and credit card account, fees and interest is $7,826.79. 17. 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. 18. Defendant is indebted to the Plaintiff in the amount of $7,826.79. Defendant has failed and refused to pay the aforesaid sum despite frequent demand to do so and the same is now due and owing. 19. 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 C, D and E. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $7,826.79 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 20. The preceding paragraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 21. 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. 22. At all times relevant hereto, Defendant was aware that the original creditor was extending credit services 1.0 him and that the original creditor expected to be paid for the Defendant's use of this credit. 23. Defendant used the loan and credit card account to purchase items, and he received the same to his benefit. 24. The total reasonable value of the Defendant's use of the credit extended by original creditor is $7,826.79. 25. 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. 26. The Defendant has failed and refused to pay the aforementioned sum despite frequent demand to do so. 27. 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 $7,826.79. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $7,826.79, together with interest, costs and such further and additional relief as this Honorable Court deems just: and equitable. COUNT III QUANTUM MERUIT/UNJUST ENRICHMENT 28. The preceding paragraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 29. 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. 30. The credit extended by original creditor benefited Defendant. 31. 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. 32. 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. 33. The reasonable value of the Defendant's use of the loan and credit card account including purchases, fees and interest is $7,826.79. 34. 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 $7,826.79 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 $7,826.79, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, Laurinda J. VoVker, Esquire Attorney for P aintiff 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 By: /I JAMES A GLA LTER 10 of 11 EXHIBIT s :W +t 1 April 4, 2008 James Valley 919 B Hummel Ave Lemoyne, PA 17043 RE: 36896-32 2001 Dodge Dakota Mr. Valley, Please be advised that we as of 4/4/08 we have sold the 2001 Dodge Dakota for $3,500.00. After applying the proceeds received from this sale, the balance owed to the Credit Union is $4,635.23. The breakdown is as follows: Principal Balance Owed (4/4/08) $ 7,396.54 Cost of Repossession of Vehicle $ 162.50 Interest (04/4/08) $ 501.69 Cost of Penn DOT Title Work $ 35.50 Cost to clean & repair $ 44.00 Total Balanced Owed $ 8,140.23 Proceeds from Sale $ 3,500.00 Funds in shares applied to loan balance $ 5.00 Gap insurance reimbursement $ 0.00 Warranty insurance reimbursement $ 0.00 Insurance payment $ 0.00 Final Total Balance Owed through 4/4/08 $ 4,635.23* The Credit Union demands repayment of the deficiency balance of $ $4,635.23 on or before 04/15/08. Otherwise, without further notice, the Credit Union will proceed to exercise our rights to protect our interest in this matter. Please be advised that any collection costs will be charged to your account. Your immediate response to this matter is anticipated. Sincerely, Elizabeth Hull Loan Adjuster AmeriChoice Federal Credit Union Cc: File, Johnna Kopecky ESQ. *plus Dailey interest EXHIBIT 1_6 AmeriChoice 20 Sporting Green Drive Mechanicsburg, PA 17050 kak4um 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: INDIVIDTJAL (Including ATM/Debit Card Access o the CCOunt if Available) Amount Requested $ 3,000.00 Purpose/Collateral: VISA REISSUE Repayment: CASH PAYMENT PROTECTION NO SINGLE CREDIT DISABILITY NO SINGLE CREDIT LIFE NO JOINT CREDIT LIFE 'LICANT E VALLE, JAMES P 896 0 BIRTH DATE HOME PHONE BUSINESS PHONE/EXT. 10/25/73 (717)329-3084 (717)558-0087 PRESENT ADDRESS 919 B HUMMEL AVENUE LENGTH AT RESIDENCE LEMOYNE, PA 17043 1 YRS PREVIOUS ADDRESS 541 A BRANDT AVENUE LE.NGT SIDENCE NEW CUMBERLAND, PA 17070 1 YRS PROPERTY STATE: MARITAL STATUS: UNMARRIED EMPLOYMENTIINCOME $ 2, 054.00 PER MONTHLY NAME AND DL LEITZELL AND SONS ADDRESSOF 5601 PLAINVIEW DRIVE EMPLOYER HARRISBURG, PA 17111 TITLE/GRADE START DATE HOURS AT WORK CARPENTER 08-01-05 40 REVEALED IF YOU DO NOT CHOOSE TO HAVE IT CONSIDERED. OTHER INCOME $ PER SOURCE $ PER SOURCE $ PER SOURCE $ PER SOURCE ENDING/SEPARATION DATE FIVE YEARS 02-01-04 J&J PRECISION CONTRACTING 46 BEARD ROAD ENDING DATE MECHANICSBURG, PA 17050 09-01-05 REFERENCE I RELATIONSHIP FATHER NAME AND ADDRESS OF NEAREST RELATIVE NOT LIVING WITH YOU JAMES F VALLEY HOME PHONE PLEASANT HALL RD (717) CARLISLE, PA 17013 960-9764 0 CUNA MUTUAL. GROUP, 1980, 82, 84, 86, 89, 98, 2000, 2001 ALL RIGHTS RESERVED YRS I PROPERTY STATE: MARITAL STATUS: EMI PLOYMENT/INCOME $ PER NAME AND ADDRESS OF EMPLOYER REVEALED IF YOU DO NOT CHOOSE TO HAVE IT CONSIDERED. INCOME $ PER SOURCE $ PER SOURCE $ PER SOURCE $ PER SOURCE MRJTARY: IS DUTY STATION TRANSFER EXPECTED OURII WHERE ENDING/SEPARATION DATE FIVE YEARS REFERENCE NAME AND ADDRESS OF NEAREST RELATIVE NOT PAGE 1 EXHIBIT L WHAT'YOU OWE CREDITOR NAME OTHER THAN THIS CREDIT UNION (Attach additional sheet(s) If necessary) INTEREST RATE PRESENT BALANCE murv I "LT PAYMENT - - 14rw9u APPLICANT OT OTHER AMERICHOICE AUTO TO TRADE - $ 4. 00 g 351 . 00 XX $ $ 60.00 XX RENT TO AL POLLUM $ 0.01 $ 275.00 XX S S S S S S S S S S S S S S S S S 5 $ $ $ $ LIST ANY NAMES UNDER WHICH YOUR CREDIT REFERENCES AND CREDIT HISTORY CAN BE CHECKED: TOTALS $ 10,463.01$ 686.001 1 PLEDGED AS COLLATERAL OWNED BY WHAT YOU OWN UST LOCATION OF PROPERTY OR FINANCIAL INSTITUTION MARKET VALUE FOR ANOTHER LOAN APPLICANT OTHER AMERICHOICE 2001 DODGE DAKOTA SPRT - TRADE $ YES S S S S S S S S OTHER INFORMATION ABOUT YOU IF YOU ANSWER "YES" TO ANY QUESTION OTHER THAN 81, 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 OR REPOSSESSED IN THE LAST 7 YEARS, OR 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? N FOR WHOM (Name of Others Obligated on Loan): TO WHOM (Name of Creditor): STATE LAW NOTICES I 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 X agreement, unilateral statement under Section 766.59, or court decree 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 (SEAI03 20 07 11 1 X (SEAL) APPLICANT'S SIGNATURE DATE OTHER SIGNATURE DATE FOR CREDIT UNION USE ONLY DATE HAPPROVED APPROVED SIGNATURE LINE OF CREDIT OTHER OTHER DEBT RATIO/SCORE LIMITS: BEFORE AFTER DENIED $ $ $ $ (Adverse Action Notice Sent) LOAN OFFICER COMMENTS: DATE X DATE PAGE 2 AXX023 (LASER) AMERICHOICE FEDERAL CREDIT UNION A table that includes the APRs and 20 Sporting Green Drive other required cost disclosures for 7 Mechanicsburg, PA 17050 credit card applications is on the re- 6'(717) 795-0249 verse side of this application. CREDIT CARD APPLICATION u mutvtuual r.reutr. Tuu must cornplele the Appncant section aooui ourself ano me unner section about your spouse It: t) you live in or the property pledged as collateral is located in a community property state (AK, AZ, CA, ID, LA, NM, NV, 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. 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. NAME (Las i t.AN Le.6> vi ACCOUNTNU ER DRIVER'S LICENSE NUMBER/STATE BIRTH DATE HOME PHONE MOTHER'S MAIDEN SOCIAL SECURITY NUMBER NAME (Last - First - Initial) MOTHER'S MAIDEN NAME ACCOUNT NUMBER SOCIAL SECURITY NUMBER DRIVER'S LICENSE NUMBER / STATE BIRTH DATE HOME PHONE WORK PHONE/ EXT. WORK PHONE/ EXT. E-MAILADDRESS PRESENT ADDRESS (Street - City - State - Zip) ? OWN ? RENT YEARS AT THIS ADDRESS PREVIOUS ADDRESS (Street - City - State . Zip) ? OWN ? RENT YEARS AT THIS ADDRESS MORTGAGE/RENT OWED TO: MORTGAGE BALANCE MONTHLY PAYMENT NO. OF DEPENDENTS 8 AGE COMPLETE FOR JOINT CREDIT, SECURED CREDIT OR IF YOU LIVE IN A COMMUNITY PROPERTY STATE: MARRIED []SEPARATED ?UNMARRIED(Sin le-Divorced-Widowed) E NAME AND ADDRESS OF EMPLOYER E-MAILADDRESS PRESENT ADDRESS(Street - City - State - Zip) []OWN []RENT I YEARSATTHIS ADDRESS PREVIOUS ADDRESS (Street - City - State - Zip) ? OWN ? RENT YEARS AT THIS ADDRESS I MORTGAGE/RENT OWED TO: MORTGAGE BALANCE MONTHLY PAYMENT NO. OF DEPENDENTS & AGE FOR JOINT CREDIT, SECURED CREDITOR IF YOU LIVE IN NAME AND ADDRESS OF EMPLOYER START DATE POSITION START DATE POSITION NOTICE: ALIMONY, CHILD SUPPORT, OR SEPARATE MAINTENANCE. INCOME NEED NOT BE REVEALED IF YOU DO NOT CHOOSE TO HAVE IT CONSIDERED. NOTICE: ALIMONY, CHILD SUPPORT, OR SEPARATE MAINTENANCE INCOME NEED NOT BE REVEALED IF YOU DO NOT CHOOSE TO HAVE IT CONSIDERED EMPLOYMENT INCOME OTHER INCOME $ PER $ PER []NET []GROSS SOURCE . EMPLOYMENT INCOME OTHER INCOME $ PER $ PER []NET []GROSS SOURCE NAME AND ADDRESS OF PREVIOUS EMPLOYER START DATE/END DATE NAME AND ADDRESS OF PREVIOUS EMPLOYER START DATE/END DATE Deposit Account Name & Account Number VALUE Creditor N ame A Account Number BALANCE MONTHLY PAYMENT SAVINGS $ CREDITOR $ $ CHECKING $ CREDITOR $ $ OtherAsssts CREDITOR $ $ OTHER PROPERTY $ CREDITOR $ $ OTHER i s AUTO $ $ AUTO MAKE YEAR OTHER $ $ Ott1a Infl=atlon IF YOU ANSWER "YES" TO ANY QUEST ON O APPLICANT OTHER About You I THER THAN #1, EXPLAIN ON AN ATTACHED SHEET. YES NO YES NO 1. ARE YOU A U.S. CITIZEN OR PERMANENT RESIDENT ALIEN? 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 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): Porb" FWW" RELATIONSHIP: NAME AND ADDRESS OF NEAREST RELATIVE NOT LIVING WITH YOU: OHIO RESIDENTS ONLY. The Ohio laws against discrimination require that all creditors make credit equally available to all 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 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 deliperately provide incomplete or incorrect information on loaAapplications made to jekleral cjreditpnign or state chartered credit unions insured HOME PHONE: 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 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 agreement. FOR - eRIWIt NION ` pAPMxsvW- r+o:OF c+wos _ __ cAgarrwtF-s USE ONLY j? DECLINED CREDIT comwrmE on LOAN oFRlcm sioNATURE 1? W- To ORDER 1-900-M6-501? ` ysn. `°°' ALL "" """r't"Vt° DETACH AND RETURN THIS APPLICATION TO YOUR CREDIT UNION ACAV30 12/03 27512cvc V3 4000-6 090LG dd E)unSSOINVH03W 3AlHd N33H!D E)NllaOdS OZ NOW 11(3HO WU303d 30lOHOl)J3lNV 0-0 O y woo C O O N U N Z O O U \ r C cu a 2 O ` 69 6% W y 0 M 0- CO ?' c O co 'a CD c 0 0 Q C N ? j in a C Z Z w J 0 > r > a) CD ? r- co N v a O = 75 Q C a? U O LL L C . a g -- 0 E a Al? _ -- . ?, L - . . cm }.4• x CD p E U a ?\ ( W C (D 4) ' ? n! > A O N d " O N > O V C1 co ?' O c 0 m O L U co + 0 7 m L O O U > - L C y U fd RS O » Cfj m O a (n >. 3 E cti O ° S _ . U C O C •V L8 O O Q = r- p 0 CL CO O'D L O ¢ td a6 - €m 0 CL - cc cu F- 0 .r O a c (J) o o 'EL? E VL L (^D, Y _ C ui ? CD `y -r C) 0 - C 0 m d O N - F-v.- O U- 20 Sporting Green Drive J AnenChoke Mechanicsburg, PA 17050 FEDERAL CREDIT YM IOM (717) 795-0249 VISA C"SSIC 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 wham the Credit Union transfers this Agreement. 1. USING YOUR ACCOUNT- If you are approved for an Account, the Credit Union will establish a fine of credit for you and notify you of your credit limit. You agree that your credit limit is the maximum amount (purchases, cash advances. Deanne charges, plus 'other charges) that you will have outstanding on your Account at any time. If you are war your credit limit, you nand pay the amount you are over before payments will begin to restore your credit Unit. 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 adtierrce and/or terminate your Arrant at any time for any reason not prohibited by law. 2. USING YOUR CARD - You understand that the use of your credit card wig constitute acknowledgement of receipt and agreement to the terms of the credit card agreement. You may use your card to mace purchases from merchants and others who accept Visa cards. Howeeer, you may riot 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 sev^ infomhation before you wig be permitted to Complete the transaction. In addition, you may obtain cash advances from the credit union and from other financial institutions that accept Pisa 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 persoft 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. RESPONSMIL17Y - 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 finarn draryes 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 nol to pay the entire New Balance of purchases shaven on your mouthy statement for the previous billing cycle within twenty-five (25) days from the dosing date of that statement. If you elect riot 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 dosing 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 erdire New Balance of purchases is paid in full or until the date of payment if more than twenty-five (25) days from the dosing date. The Finance Charge for a billing cycle is computed by applying the monthly Periodic hate of 1.075%. which is an ANNUAL PERCENTAGE RATE of 12.9096 to the average daily balance of Credit Pudhases, which is determined by dividing the sum of the daily bahaim 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 accent, 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 liter, and will otherwise be caalarlated 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: a. Ovo the-Credit-Limit Fee. You maybe charged a fee of $10.00 an a state- ment date it your New Balance on that date, less any fees imposed during the cycle, is over your credit limit. You will be rdiarged the fee each subsequent month until your New Balance an the statement date, less any fees imposed during the cycle, is BELOW your credit limit b. Late Psymert 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 Cast Fee. To the extent permitted by law. You will also be required to pay the crept unions 20% collection expenses. Including court costs and attorneys fees. 6. 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 you statement says the payment is 'Now Due,' your payment is due no later than twenty-fw (25) days from the statement dosing date. You may pay more frequently, pay more than the minimum payment or pay the Total New Balance in full. If you make extra or larger payments, you are still required to make at least the minimun payment each month your Account has a balance? (other than a credit balance). The rainimum payment is 2% of your Total New Balen ce, or $15.00, whichever is greater, plus the amount of any prior minimum payments that you have not made, and arty amount you am over your credit limit The Credit Union aim has the right to derand immediate payment of any amount by which you are over your credit (knit 7. PAYMENT ALLOCATION - Subject to applicable law, your payments may be applied to what you awe the (credit Union in any manner the Cnsd'it Union chooses. We may accept checks marked `payrnent In fu0" or with words of similar etfec without lensing any of our rights to collect the full balance of your account with us. 8. SECURITY INTEREST -tit you give the Credit Union a specitic pledge of shares by signing a separate pshares, your pledged shares will secure your AceoimL You may rat wMm 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 adcdlion, 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 if 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 it you should default. Collateral securing other loans you have with the Credit Union may also secure this loan. except DW a dweiling will new be considered as security for this Accourd, notwithstanding anything to the contrary in any other agreement. 9. DEFAULT- You wig be in default "you tai[ 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 matte under this Agreement. You wig be in default if you die, file for bankruptcy or become insolvent, that is, unable to pay your obligations when they become due. You will be in defauit d you make any false or misleading statemenits in any credo application or credit update. You will also be in default ii some" 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 demwhd immediate payment of your full Account balance wil pout giving you notice. If immediate payment is demanded, you agree to continue paying finance charges, at the periodic rate charged before defaet, unlit 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. LUUNLITY FOR UNAUTHORIZED 11SE-LOSTI3TOLEN CARD NOTIFICATION - You agree to ratify us hmmedlatey, 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) 4334505 Monday through Friday 8:00 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 the loss, theft, or possible EXHIBIT 0 QAA MUTUAL 8f" IM.VW. Ail PIW+T5 IMRVE^ 27512cvc Cuswm 0.2/1 ?!08 31399 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 DR TERMINATING YOUR ACCOUNT - The Credit Union may change the terms of this Agreement from time to time. Notice of any change 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 baharc a at any time after your Account Is terminated, whetfw 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. it your account Is eligible for emergency cash and/or emergency caul 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 with the requested service(s). 13. RETURNS AND ADJUSTMENTS - Merchants and others who horror your Card may give credit for returns or adjushnens. and they will do so by sewing 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, 4 will be refunded upon your written request or aulomakaly after six (6) months. 14. AO1INTNN LL BENERTSICARD ENNANCEMENTS - The Credit Union may from time to time offer additional services to your Account, such as travel accident insurance, at ra 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, 19. FORMIGNTRANSACTIONS - 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 trarnsactiorrs is a rate selected by Visa from a range of rates available in wholesale currency markets for the applicable central processing dote, which rate may vary from the rate Visa n'tself receives or Me government-mandated rate in efTect for the applicable central processing date. The exchange rate used on the prdxcessi ig 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 0.0 pereerd 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. rnililary 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 if 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 sewing to you: or (b) your purchase nest 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 Agreemerd (by signing on the application). Each of you will be Individually and jointly responsible for paying all amounts unwed 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 Anxount 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 ay of its rights any number of times without losing them. 28. 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 tine of creel 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. 29. 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 BIWNG ROM KEEP THIS NOME FOR FUTURE USE This notice contains important information about your rights and our responsi- bilities under the Fair Credit Billing Act. NOTIFY US N CASE OF ERRONS OR f1UESTtt= ABOUT YOUR BNLL - If you think your bibs wrong, or it you need more information about a transaction on your till, write us on a separate sheet at the address listed on your bit. 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 leter, give us the following information: • Your name and account number. • The dollar amount of Via suspected error. • Describe the error and explain, it you can. why you believe there is an error. if you need more information, describe the item you are not sure about It you have authorized us to pay your credit card bill automatically from your savings or share draft ac cwK you can stop the payment on any amount you thinks 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 Whir within thirty (30) days, unless we have corrected the error by then. 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 arnourt you question, or report you as delinquent We can temirme to bill you for the amount you question, including finance charges, and we can apply an unpaid amount against your credit tent. 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 bilk you will not have to pay any finance charges related to any questioned amount. If we didn't metre a mistake, you may have to pay finance charges, and you will have to crake up any missed payments on the questioned amount. In either rose, we will send you a statement of the amount you owe and the date flat 4 is due. O you fait to pay the amount that we tt** you owe, we may report you as delinquent However. 0 our explanation does not satisfy you and you write to us within ten (10) days telling us that you stilt refuse to pay, we must tell anyone we report you to that you have a question about your biN. And, we must td 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 rtes, we can't collect the first $50 of the questioned amouK even it your bill was correct. SPECIAL RULE FOR CREDIT CARD PURCHASES - It 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 retraining amount due on the properly 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 tame state, within one hundred (100) miles of your current mailing address: and • The purchase price mast have been more than $50. These limitations do not apply 0 we own or operate the merchant, or 9 we marled you the advertisement for the property or services. AmeriChoice 20 Sporting Green Drive W Mechanicsburg, PA 17050 FEDERAL CREDIT uNIoN 717-697-3474 Building Relationships For Life 800-240-4364 LOAN AND SECURITY AGREEMENTS AND DISCLOSURE STATEMENT LOAN DATE LOAN NUMBER ACCOUNT NUMBER GROUP POLICY NUMBER MATURITY DATE 03/26/07 16617 36896- 037-1848-3 09/07/09 BORROWER 1 BORROWER 2 NAME AND ADDRESS NAME IAND ADDRESS IF DIFFERENT FROM BORROWER 1) VALLE, JAMES P 919B HUMMEL AVE LEMOYNE, PA 17043 TRUTH IN LENDING DISCLO SUREW means, an estimate, ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments Total Sale Price The cost of your credit as a yearly rate. The dollar amount the The amount of credit The amount you will have The total cost of your purchase on credit is credit will cost you. provided to you or on paid after you have made $ your behalf. all payments as scheduled. 017.82 $ 9, 966.17e which includes your 546. 49e $ 8 14 500 % $ 1 , , . downpayment of $ Your Payment Schedule Will Be: Prepayment: If you pay off early you will not have to Number of Payments Amount of Payments When Payments A 07/07 23 BEGINNING 04 332 pay a penalty. , / . 29 $ MONTHLY THEREAFTER Required Deposit: The Annual Percentage Rate does . 1 $ 331.50 09/07/09 not take into account your required deposit, if any. ? Assumption: Someone buying your mobile home Property Insurance: You may obtain property insurance from anyone you cannot assume the remainder of the loan on the want that is acceptable to the credit union. If you get the insurance from us, original terms. you will pays Demand: This obligation has a demand feature. Late Charge: All disclosures are based on an assumed maturity of one year. If any portion of your payment is more than 15 days late, you will incur a $15.00 late fee. Filing Fees Non-Filing Insurance S s Security: Collateral securing other loans with the credit union may also secure this loan. You are giving a security interest in your shares and dividends and, if any, your deposits and interest in the credit union; and the property described below: Collateral Property/Model Year I.D. Number Type Value Key Number DODGE DAKOTA 2001 1B7GG26X21S162602 TRK $ 8,460.00 S S Other (Describe) Pledge of Shares $ in Account No. $ in Account No. See your contract documents for any additional information about nonpayment, default, and any required repayment in full before the scheduled date. SIGNATURES CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT BEFORE YOU SIGN IT. By signing as Borrower, you agree to the terms of the Loan Agreement. If property is described in the "Security" section of the Truth in Lending Disclosure, you also agree to the terms of the Security Agreement. If you sign as "Owner of Property" you agree only to the terms of the Security Agreement. BORROWER f-(OWNER OF PROPERTY F] WITNESS ISEAL0 3 2 6 0 7 X (SEAU DATE BORROWER 2 DATE (SEAL) X (SEAL) DATE F]OTHER BORROWER F? OWNER OF PROPERTY ? WITNESS DATE EXHIBIT E CUNA MUTUAL GROUP, 1999, 2000, ALL RIGHTS RESERVED NXX021 (LASER) 27860 Credit Union AMERICHOICE FEDERAL CREDIT UNION Loan No. 16617 Acct. No. 36896-32 Borrower(s) JAMES P VALLE ITEMIZATION OF THE AMOUNT FINANCED Itemization of Amount Financed of Amount Given to You Directly Amount Paid on Your Account Prepaid Finance Charge $ 8,419.68 $ $ 8,017.82 $ Amounts Paid to Others on Your Behalf: (If an amount is marked with an asterisk (*) we will be retaining a portion of the amount.) $ To $ To $ To $ To $ To $ To $ To $ To $ To $ To $ 401.86 To INSURANCE $ To In this Loan Agreement ("Agreement") all references to "Credit Union," "we," "our," or "us," mean the Credit Union whose name appears above and anyone to whom the Credit Union assigns or transfers this Agreement. All references to "you," or "your" mean each person who signs this Agreement as a borrower. 1. PROMISE TO PAY - You promise to pay $ 8,017.82 to the Credit Union plus interest on the unpaid balance until what you owe has been repaid. For fixed rate loans the interest rate is 14.500 % per year. Collection Costs: You agree to pay all costs of collecting the amount you owe under this Agreement, including reasonable attorney fees not in excess of 15% of the unpaid debt and all court costs. 2. PAYMENTS - You promise to make payments of the amount and at the time shown in the Truth in Lending Disclosure. You ma prepay any amount without penalty. ft u prepay any pa of what ou owe, you are still required 01 make the regular y scheduled payments, unless we have agreed, to a change in the payment schedule. Because this is a simple interest loan, if you do not make payments exactly as scheduled, our final payment may be more or IQss than the amount of the final payment that is disclosed. If you elect credit insurance, we will either include the premium in your payments or extend the term of your loan. If he term is extended you will be required to make additional payments of the scheduled amount, until what you owe has been paid. You promise to make all payments to the place we choose. If this loan refinances another loan we have with you, the other loan will be canceled and refin nced f tthe d to of this loan. 3. LOAN PAMEEDS ?Y MAIL - If the proceeds of this loan are mailed to you, interest on this loan begins on the date the IQ n prQCeQd are mailed to you. 4.s E?URITY FO? LOAN - This Agreement is secured by all property described in the "Security" section of the Truth in Lending Disclosure. Property securing other loans you have with us also secures (Phis loan, unless the property is a dwellin A dwelling secures this loan only if it is described in the ' ecurity" section of the Truth in Lending Disclosure for this loan. If Credit Union has a federal charter. Statutory Lien - If you are in default on a financial obligation to us, federal law give us the right to apply the balance of shares and dividends in all individual and joint accounts you have with us to satisfy that obligation. After you are in default, we may exercise this right without further notice to you. ?We have a federal charter if our name includes the term Federal Credit Union.") If Credit Union has a state charter, except in Ohio and Rhode Island: We have a statutory lien on the shares and dividends and, if any, the deposits and interest in all individual and joint accounts you have with us and may exercise our rights under the lien to the extent permitted by state law. (We have a state charter if our name does not include the term "Federal Credit Union."1 For all borrowers: ou pledge as security for this loan all shares and dividends and, if any, all deposits and interest in all joint and individual accounts you have with the credit union now and in the future. The statutory lien and/or your pledge will allow us to apply the funds in yo?r account(s) o what you owe when you are in default. he statutory lien and your pledge do not apply to any Individual Retirement Account or any other ac o nt that would lose special tax treatment under state or federal law if given as I ecunt . DEFAULT - You will be in default under this Agreement if you do not make a payment of the amount required on or A CUNA MUTUAL GROUP, 1999, 2000, ALL RIGHTS RESERVED before the date it is due. You will be in default if you break any promise you made in connection with this loan or if anyone is in default under any security agreement made in connection with this Agreement. You will be in default if you die, file for bankruptcy, become insolvent (that is unable to pay our bills and loans as they become due), or if you made any Talse or misleading statements in your loan application. You will also be in default if something happens that we believe may seriously affect your ability to repay what you owe under this Agreement or if you are in default under any other loan a reement You have with us. S. ACTIONS-AFTER DEFAULT - When you are in default, we may demand immediate payment of the entire unpaid balance under this Agreement. You waive any n ht you have to receive demand for payment, notice of inten? to demand immediate payment and notice of demand for immediate payment. If we demand immediate payment, you will continue to pay interest at the rate provided for in this Agreement, until what you owe has been repaid. We will also apply against what you owe any shares and/or deposits given, as security under this Agreement. We may also exercise any other rights given by law when you are in default. 7. EACH PERSON RESPONSIBLE - Each person who signs this Agreement will be individually and jointly responsible for paying the entire amount owed under this Agreement. This means we can enforce our rights against any one of you i divid 11y or a1ga RNnst all of you together. T. LAVE CHA - If you are late in making a payment, you romise to pay the late charge shown in the Truth in Lending Disclosure. If no late charge is shown, you will not be 9. DELAY IN ENFORCING RIGHTS - 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. 10. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect. 11. NOTICES - Notices will be sent to you at the most recent address you have given us in writing. Notice to any one of you will be notice to all. 12. OTHER PROVISIONS - NXX021 (LASER) 27860 Credit Union AMERICHOICE FEDERAL CREDIT UNION Loan No. 16617 Acct. No. 3689632 Borrower(s) JAMES P VALLE SECURITY AGREEMENT I In this Agreement all references to "credit union," "we," "our" or the insurance requirements. If we add amounts for taxes, fees or "us" mean the credit union whose name appears on this document insurance to the unpaid balance of the Loan, we may increase your and anyone to whom the credit union assigns or transfers this payments to pay the amount added within the term of the insurance Agreement. All references to the "Loan" mean the loan described or term of the Loan. in the Loan Agreement that is part of this document. All references 7. INSURANCE NOTICE - If you do not purchase the required to "you," or "your" mean any person who signs this Agreement. property insurance, the insurance we may purchase and charge you 1. THE SECURITY FOR THE LOAN - You give us what is known as for will cover only our interest in the Property. The insurance will a security interest in the property described in the "Security" not be liability insurance and will not satisfy any state financial section of the Truth in Lending Disclosure that is part of this responsibility or no fault laws. document ("the Property"). The security interest you give includes 8. DEFAULT - You will be in default if you break any promise you all accessions. Accessions are things which are attached to or make or fail to perform any obligation you have under this installed in the Property now or in the future. The security interest Agreement. You will also be in default under this Agreement if the also includes any replacements for the Property which you buy Loan is in default. within 10 days of the Loan and any extensions, renewals or 9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When you are in refinancings of the Loan. It also includes any money you receive default, we may demand immediate payment of the outstanding from selling the Property or from insurance you have on the balance of the Loan without giving you advance notice and take Property. If the value of the Property declines, you promise to give possession of the Property. You agree the Credit Union has the right us more property as security if asked to do so. to take possession of the Property without judicial process if this 2. WHAT THE SECURITY INTEREST COVERS - The Property can be done without breach of the peace. If we ask, you promise to secures the Loan and any extensions, renewals or refinancings of deliver the Property at a time and place we choose. We will not be the Loan. If the Property is not a dwelling, it also secures any other responsible for any other property not covered by this Agreement loans, including any credit card loan, you have now or receive in that you leave inside the Property or that is attached to the the future from us and any other amounts you owe us for any Property. We will try to return that property to you or make it reason now or in the future, except any loan secured by your available to you to claim. principal residence. If the Property is household goods as defined After we have possession of the Property, we can sell it and apply by the Federal Trade Commission Credit Practices Rule or your the money to any amounts you owe us. We will give you notice of principal residence, the Property will secure only this Loan and not any public sale or the date after which a private sale will be held. other loans or amounts you owe us. Our expenses for taking possession of and selling the Property will 3. OWNERSHIP OF THE PROPERTY - You promise that you own be deducted from the money received from the sale. Those costs the Property or, if this Loan is to buy the Property, you promise may include the cost of storing the Property, preparing it for sale you will use the Loan proceeds for that purpose. You promise that and attorney's fees to the extent permitted under state law or no one else has any interest in or claim against the Property that awarded under the Bankruptcy Code. The rest of the sale money you have not already told us about. You promise not to sell or will be applied to what you owe under the Loan. lease the Property or to use it as security for a loan with another If you have agreed to pay the Loan, you will also have to pay any creditor until the Loan is repaid. You promise you will allow no amount that remains unpaid after the sale money has been applied other security interest or lien to attach to the Property either by to the unpaid balance of the Loan and to what you owe under this your actions or by operation of law. Agreement. You agree to pay interest on that amount at the same 4. PROTECTING THE SECURITY INTEREST - If your state issues a rate as the Loan until that amount has been paid. title for the Property, you promise to have our security interest 10. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE LOAN - shown on the title. We may have to file what is called a financing We can delay enforcing any of our rights under this Agreement any statement to protect our security interest from the claims of number of times without losing the ability to exercise our rights others. If asked to do so, you promise to sign a financing later. We can enforce this Agreement against your heirs or legal statement. You promise to do whatever else we think is necessary representatives. If we change the terms of the Loan, you agree that to protect our security interest in the Property. You also promise to this Agreement will remain in effect. pay all costs, including but not limited to any attorney fees, we 11. CONTINUED EFFECTIVENESS - If any part of this Agreement is incur in protecting our security interest and rights in the Property, determined by a court to be unenforceable, the rest will remain in to the extent permitted by applicable law. effect. 5. USE OF PROPERTY - Until the Loan has been paid off, you 12. NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A promise you will: (1) Use the Property carefully and keep it in good MOTOR VEHICLE - The motor vehicle in this transaction may be repair. (2) Obtain our written permission before making major subject to repossession. If it is repossessed and sold to someone changes to the Property or changing the address where the else, and all amounts due to the secured party are not received in Property is kept. (3) Inform us in writing before changing your that sale, you may have to pay the difference. address. (4) Allow us to inspect the Property. (5) Promptly notify 13. NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful us if the Property is damaged, stolen or abused. (6) Not use the for you to fail to return a motor vehicle that is subject to a security Property for any unlawful purpose. interest, within thirty days after you have received notice of default. 6. PROPERTY INSURANCE, TAXES AND FEES - You promise to The notice will be mailed to the address you gave us. It is your pay all taxes and fees (like registration fees) due on the Property responsibility to notify us if your address changes. The maximum and to keep the Property insured against loss and damage. The penalty for unlawful failure to return a motor vehicle is one year in amount and coverage of the property insurance must be prison and/or a fine of $150,000.00. acceptable to us. You may provide the property insurance through a policy you already have, or through a policy you get and pay for. [3 The following notice applies ONLY when the box at left is marked. You promise to make the insurance policy payable to us and to 14. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT deliver the policy or proof of coverage to us if asked to do so. CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES If you cancel your insurance and get a refund, we have a right to WHICH THE DEBTOR COULD ASSERT AGAINST THE the refund. If the Property is lost or damaged, we can use the SELLER OF GOODS OR SERVICES OBTAINED PURSUANT insurance settlement to repair the Property or apply it towards HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY what you owe. You authorize us to endorse any draft or check HEREUNDER BY THE DEBTOR SHALL NOT EXCEED which may be payable to you in order for us to collect any refund AMOUNTS PAID BY THE DEBTOR HEREUNDER. or benefits due under your insurance policy. 15. OTHER PROVISIONS - If you do not pay the taxes or fees on the Property when due or keep it insured, we may pay these obligations, but we are not required to do so. Any money we spend for taxes, fees or insurance will be added to the unpaid balance of the Loan and you will pay interest on those amounts at the same rate you agreed to pay on the Loan. We may receive payments in connection with the insurance from a company which provides the insurance. We may monitor our loans for the purpose of determining whether you and other borrowers have complied with the insurance requirements of our loan agreements or may engage others to do so. The insurance charge added to the Loan may include (1) the insurance company's payments to us and (2) the cost of determining compliance with CUNA MUTUAL GROUP, 1999, 2000, ALL RIGHTS RESERVED NXXn21 ILASFRI 27RRO AmeriChoice 20 Sporting Green Drive Mechanicsburg, PA 17050 FED1RAL 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: I I u /Including ATM/Debit Card Access ion ilia Mum N o(Jaq At Amount Requested $ Purpose/Collateral: 0 C?J ?[ ?p } ?',? hand 1 Q• Repayment: CASH PAYMENT PROTECTION NO SINGLE CREDIT DISABILITY NO SINGLE CREDIT LIFE NO JOINT CREDIT LIFE OTHER VALLE, JAMES P 896 0 1 BIRTH DATE HOME PHONE E 10/25/73 (717)329-3084 PRESENT ADDRESS 919 B HUMMEL AVENUE LEMOYNE, PA 17043 (717)558-0087 YRS I I / 1--?-- ---- -- YRS 1 YRS I I / I YRS I PROPERTY STATE: y -- MARITAL STATUS: EMPLOYMENT/INCOME PROPERTY STATE: MARITAL STATUS: UNMARRIED EMPLOYMENTIINCOME $ 2,054.00 PER MONTHLY NAME AND D I ELL AND SONS ADDRESS OF 5601 PLAINVIEW DRIVE EMPLOYER HARRISBURG, PA 17111 TITLE/GRADE START DATE 1HOURS AT WORK CARPENTER 08-01-05 40 'v V? REVEALED IF YOU DO NOT CHOOSE TO HAVE IT CONSIDEREDyv OTHER INCOME PER SOURCE $ PER SOURCE $ PER CE $ PER SOURCE MILITARY: IS DUTY STATION T SFER EXPECTED DURING NEXT YEAR? WHERE ENDING/SEPARATION DATE PREVIOUS EMPLOYER NAME AND ADDRESS IF EMPLOYED LESS THAN STARTING DATE FIVE YEARS 02-01-04 J&J PRECISION CONTRACTING 46 BEARD ROAD ENDING DATE MECHANICSBURG, PA 17050 09-01-05 REFERENCE RELATIONSHIP FATHER NAME AND ADDRESS OF NEAREST RELATIVE NOT LIVING WITH YOU JAMES F VALLEY HOME PHONE PLEASANT HALL RD (717) CARLISLE, PA 17013 960-9764 ® CUNA MUTUAL GROUP. 1980. R2 R4_ R6_ R9. 9R. 200n_ 2001 At I RIGHTS RFSFRVFn NAME AND ADDRESS OF $ PER v v- REVEALED IF YOU DO NOT HOOSE TO HAVE IT CONSIDEREDyv OTHER INCOME $ PER SOURCE $ PER SOURCE $ PER / SOURCE $ PER SOURCE WHERE ENDING/SEPARATION DATE PREVIOUS EMPLOYER N E AND ADDRESS IF EMPLOYED LESS THAN STARTING DATE FIVE YEARS ENDING DATE i REFERENCE RELATIONSHIP NAME AND ADDRESS OF NEAREST RELATIVE NOT LIVING WITH YOU PAGE 1 --11 n eceo, PREVIOUS ADDRESS 541 A BRANDY AVENUE NEW CUMBERLAND, PA 17070 CREDITOR NAME OTHER THAN THIS CREDIT UNION INTEREST MONTHLY WED BY WHAT YOU OWE (Attach additional sheet(s) If necessary) RATE PRESENT BALANCE PAYMENT APPLICANT OTHER - $ $ AMERICHOICE VISA $ $ 60.00 XX RENT TO AL POLLUM $ 0.01 $ 275.00 XX S S $ S S S 5 $ S S S $ $ $ $ S S S S $ I s S LIST ANY NAMES UNDER WHICH YOUR CREDIT REFERENCES AND CREDIT HISTORY CAN BE CHECKED: TOTALS $ 10 463.0 $ 686.00 WHAT YOU OWN LIST LOCATION OF PROPERTY OR FINANCIAL INSTITUTION MARKET VALUE PLEDGED AS COLLATERAL FOR ANOTHER LOAN OWNED BY APPLICANT OTHER AMERICHOICE 2001 DODGE DAKOTA SPRT - TRADE $ YES S $ S $ S $ S $ OTHER INFORMATION ABOUT YOU IF YOU ANSWER "YES" TO ANY QUESTION OTHER THAN R1, 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 YES CONFIRMED UNDER CHAPTER 13, HAD PROPERTY FORECLOSED UPON R REPOSSESSED IN THE LAST 7 YEARS, 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 against discrimination require that all creditors make credit equally available to all 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 SIGNATURES You promise that everything you have stated in this application is correct to the best of your knowledge and that the above information is a complete listing of what you owe. 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 applications made to federal credit unions or state chartered credit unions insured by NCUA. X (SEA03 19 07 X (SEAL) APPLICANT'S SIGNATURE DATE OTHER SIGNATURE DATE FOR CREDIT UNION USE ONLY DATE H APPROVED APPROVED SIGNATURE LINE OF CREDIT OTHER OTHER DEBT RATIO/SCORE LIMITS: BEFORE AFTER DENIED (Adverse-Action Notice Sent) $ $ $ $ LOAN OFFICER COMMENTS: SIGNATURES: X X DATE DATE PAGE 2 AXX023 (LASER) 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 unsworn falsification to authorities. Harry A. S ser, III, Re Corporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. : CIVIL-LAW JAMES VALLE, 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. Dated this day of Fe?lb!11A? , 2010 A /--'\ AA Laurinda J. Voelcker, E,, Attorney for Plaintiff 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 I of 2 Feb-09-2010 06:51:24 4 , Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency Based on the information you have furnished, the DMDC does not possess VALLE JAMES 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). nit 104- 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 02/09/2010 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 TAR.s, 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 SCR,4 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:4CV4SR3QOA https://www.dmdc.osd.mil/appj/scra/popreport.do 02/09/2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CIVIL-LAW JAMES VALLE, 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: James Valle 913 Bridge Street, Apt. B New Cumberland, PA 17070 Respectfully submitted, Laurinda J. Vo cker, Esquire Attorney for laintiff 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. JAMES VALLE, Defendant CIVIL-LAW DOCKET NO. 7 ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully submitted, Laurinda J. Voelcker, quire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 0 o .-- =n C. o < x,? r ? w ma - c SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~L(_~;-_;`j;-='~; Sheriff r 6 ~~= ¢-{ n. ~'r ,;'~~,GY ~,~vr" - at ~. a ir, rrl,~~~ , Jody S Smith Chief Deputy ~ j x~ 2~~~~~~ ~ t;~ ~'~~~ ~~ ~.~ ~> Edward L Schorpp Solicitor ~rf ,:~ ..G .~w~i~~~l;,~ _: ;. ; `,~~'~'F .;; ~ " ~ r %~~, Remit Corporation Case Number vs. 2010-1064 James Valle SHERIFF'S RETURN OF SERVICE 02/22/2010 08:23 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 22 2010 at 2023 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: James Valle, by making known unto Sandy Valle, Mother of defendant at 913 Bridge Street, Apt. B, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. „~-~- i DENNI RY, DEPU~ SHERIFF COST: $43.30 February 23, 2010 SO AN .....~ R R ANDERSON, SHERIFF !c;. CountySuite Sheriff, iei~osoft. In::. REMIT CORPORATION, Plaintiff vs. JAMES VALLE, q13 trudge .03 Defendant "W &APAP. ?14 1 toxpvs. METRO BANK, 105 JA9A%a1Ad i4v• Garnishee &rAiS k-1 N 1-) 06 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) To the Prothonotary: Issue a Writ of Execution in the above matter, (1) directed to the Sheriff of Cumberland County, Pennsylvania (2) against James Valle, defendant; and (3) Against Metro Bank, Garnishee; (4) and index this 'Writ in the judgment index and (a) against. James Valle, defendant(s), and (b) against. Metro Bank, as garnishee, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL-LAW DOCKET NO. 10-1064 CIVIL TERM c-? -,0 3 rr+? r? =v A? x -a` as a lis pendens against real property of the defendant in name of garnishee(s) as follows: N/A (5) Amount Due: $ 7,865.92 Interest from 03/31/2010 $ 406.01 Credits $ 0.00 Costs to be added: Clerks Fee: $ Sheriff: $ V &9q. SO ?CA Co` Total: It D. Uo t?ue 41 S . So LL N a -n rn ca cry -v i.? c.> ?e -0m :?3 c? a l .7 'Te C) Dated this f day of _ 2011 $ q3.-SO CSF q a. 00 .. ,1 q. 6o a.56 g U. TV any Ck.# /3i7y taurinda J. Voelckbr,, P ID# 82706 Attorney for Plainti 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. JAMES VALLE, Defendant vs. METRO BANK, CIVIL-LAW DOCKET NO. 10-1064 CIVIL TERM Garnishee 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, nor has been in such service within thirty days hereof. Dated this day of 2011 / Laurinda J. Voelckee; PA ID# 82706 Attorney for Plain ff 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 Feb-08-2011 12:14:15 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency VALLE JAMES 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). 010 14t4'. A??_ 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 httn://www.defenselink.mil/fag/pis/PC09SLDR.htm1. 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. Request for Military Status i 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 clays. 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 clays. 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:KG8KNOE8H8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff' VS. CIVIL-LAW JAMES VALLE, DOCKET NO. 10-1064 CIVIL TERM Defendant vs. METRO BANK, Garnishee 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: James Valle 913 Bridge Street, Apt B New Cumberland, PA 17070 Garnishee Metro Bank 65 Ashland Avenue Carlisle, PA 17013 Respectfully Submitted, Laurinda J `Coelcker, P Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Phone: (570) 387-1873 Fax (570)387-6474 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-1064 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due REMIT CORPORATION Plaintiff (s) From JAMES VALLE, 913 Bridge Street, Apt. B, New Cumberland, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: METRO BANK, 65 ASHLAND AVENUE, CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $7,865.92 L.L. $.50 Interest from 3/31/2010 - - $406.01 Atty's Comm % Atty Paid $176.30 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 2/15/11 (Seal) REQUESTING PARTY: Name. LAURINDA J. VOELCKER, ESQUIRE Address: 36 WEST MAIN STREET BLOOMSBURG, PA 17815 Attorney for: Plaintiff Telephone: 570-387-1873 David D. Buell, Prothonotary 1?114:?Uaa-g 'P. C-- Deputy Supreme Court ID No. 82706 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor FILED- CIFF 1011 FEB 22 PH 2: ` IMBERLAHiD C .jU Remit Corporation vs. James Valle Case Number 2010-1064 SHERIFF'S RETURN OF SERVICE 02/18/2011 11:04 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on February 18, 2011 at 1102 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: James Valle, in the hands, possession, or control of the within named garnishee, Metro Bank at 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to arol Walter, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 22, 2011 to James Valle at 913 Bridge Street, Apt. B, New Cumberland, PA 17070. SO ANSWERS, (Y"Z Y? February 22, 2011 RON R ANDERSON, SHERIFF c ael Ba i k, Dep IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW JAMES VALLE, DOCKET NO. 10-1064 CIVIL TERM Defendant vs. : j 1,:7 METRO BANK, 2: = - Garnishee = M --q I I'S SLC ? , Cn Ln . INTERROGATORIES TO GARNISHEE TO: Metro Bank 65 Ashland Avenue Carlisle, PA 17013 You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. If you need additional information such as a social security number, contact the attorney listed at the end of this document. 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? Defendant has account xxxx6888 held individually with abalance of $1.53 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? no 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? no 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? no 5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration thereof? no 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? no 7. If you are a bank or other institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. no 8. If you are a bank or other institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. no 9. If your answer to any of the above is in the affirmative, state the amount on deposit or owed or describe the property in detail and provide any other particulars of the transaction as may be relevant to this attachment. no COMPLETED BY: Signature Title Interrogatories submitted to garnishee by: Laurinda J. Voelckey, PAID # 82706 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Telephone: 570-387-1873 Fax: 570-387-6474 Name (print) VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN-j*, COMMONWEALTH OF PENNSYLVANIA rte- ? ? REMIT CORPORATION, <C) CD-11 3?0c-) Plaintiff : CIVIL - LAW =C3 o ° •• Vs. JAMES VALLE, : DOCKET NO. 10-1064 CIVIL TERM Defendant Vs. METRO BANK, Garnishee PRAECIPE TO DISCONTINUE ATTACHMENT To the Prothonotary: Kindly Discontinue the Attachment of the Defendant's bank account with Metro Bank. SUBMITTED BY: ,4 Z?A nda Voelcker, PA ID# 82706 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Telephone: (570)387-1873 Fax: (570)387-6474 1 0 ? t? ,CD 9a Ct o u r3a t tp SHERIFF'S OFFICE OF CUMjBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor r- FILED-OFFICE Or THE PR THONO-AP' 201 t SEP -2 PM 2: 3 7 CUMBERLAND COUNT' PENNSYLVANIA Remit Corporation vs. Case Number James Valle 2010-1064 SHERIFF'S RETURN OF SERVICE 02/18/2011 11:04 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on February 18, 2011 at 1102 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: James Valle, in the hands, possession, or control of the within named garnishee, Metro Bank at 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to arol Walter, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 22, 2011 to James Valle at 913 Bridge Street, Apt. B, New Cumberland, PA 17070. 08/31/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $87.50 SO ANSWERS, August 31, 2011 RON R ANDERSON, SHERIFF ,_?-v Z_z "W4 y S? ' ` '9 (oi Counfy5ulte Shcsrff. T-eleo.=.-.)+t. Inc.